Cochrane Corp.Download PDFNational Labor Relations Board - Board DecisionsMay 5, 194561 N.L.R.B. 970 (N.L.R.B. 1945) Copy Citation In the Matter Of COCHRANE CORPORATION AND ROTAME'TERs, INC. and UNITED ELECTRICAL, RADIO & MACHINE WORKERS OF AMERICA, LOCAL 155, C. I. O. Case No. 4-R-1694.-Decided May 5, 1945 Austin M. Fisher, by Mr. Vernon A. Samuels, of New York City, for the Companies. Mr. Max Helfand, of Philadelphia, Pa., for the Union. Mr. Louis Cokin, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition and amended petition 1 duly filed by United Elec- trical, Radio & Machine Workers of America, Local 155, C. I. 0., herein called the Union, alleging that a question affecting commerce had arisen concerning the representation of employees of Cochrane Cor- poration and Rotameters, Inc., Philadelphia, Pennsylvania, herein called the Companies, the National Labor Relations Board provided for an appropriate hearing upon due notice before Eugene M. Purver, Trial Examiner. Said hearing was held at Philadelphia, Pennsyl- vania, on April 10, 1945. The Companies and the Union appeared, participated, and were afforded full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bear- ing on the issues. The Trial Examiner's rulings made at the hear- ing are free from prejudicial error and are hereby affirmed. All parties were afforded opportunity to file briefs with the Board. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANIES Cochrane Corporation is a Pennsylvania corporation operating a plant at Philadelphia, Pennsylvania, where it is engaged in the man- ' On April 28 , 1945 , the Union filed a motion to amend its petition to include the em- ployees of Rotameters , Inc The Companies joined in the motion. The motion is hereby granted 61 N L R. B., No 161 970 COCHRANE CORPORATION 971 ufacture of power-plant equipment. Rotameters, Inc., is a subsidiary of the Company. During •1944 the Companies purchased raw materials valued at about $1,000,000, approximately 30 percent of which was shipped to them from points outside the Commonwealth of Pennsylvania. During the same period the Companies manufac- tured products valued at about $5,000,000, approximately 90 percent of which was shipped to points outside the Commonwealth of Penn- sylvania. The Companies admit, for the purpose of this proceeding, that they are engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATION INVOLVED United Electrical, Radio & Machine Workers of America, Local 155, is a labor organization affiliated with the Congress of Industrial Organizations, admitting to membership employees of the Com- panies. III. THE QUESTION CONCERNING REPRESENTATION On March 2, 1945, the Union requested the Companies to recognize it as exclusive collective bargaining representative of the Companies' employees. The Companies refused this request until such time as the Union is certified by the Board. Statements of a Field Examiner of the Board and the Trial Ex- aminer, introduced into evidence at the hearing, indicate that the Union represents a substantial number of employees in the unit here- inafter found to be appropriate.' We find that a question affecting commerce has arisen concerning the representation of employees of the Companies, within the mean- ing of Section 9 (c) and Section 2 (6) and (7) of the Act. IV. THE APPROPRIATE UNIT We find, in agreement with a stipulation of the parties, that all production and maintenance employees of the Companies, including guards, shop inspectors, watchmen-janitors, sweeper-janitors, power- house engineers, model and instrument makers, truck drivers, stock selectors, receiving clerks, testers, assemblers, blacksmiths, box makers and packers, crane operators, electricians, engine lathe operators, gas and are welders, grinders, surface grinders, laborers, lay-out men, machinists, maintenance mechanics, milling machine operators, painters, pattern makers, pipe fitters, radial drill operators, rigger- 2 The statements show that the Union presented 83 application cards. There are approxi- mately 172 employees in the appropriate unit. 972 DECISIONS OF NATIONAL LABOR RELATIONS BOARD loaders, shippers, tool grinders, turret lathe operators, vertical boring mill operators, design engineer first class group leader, design en- gineer first class, design engineer second class, detailer first class, de- tailer second class, detailer-learner, blueprint operators, instrument mechanic, assembler, inspector "A," "B," and "C," glass technicians, and working foremen,' but excluding research employees, clerical employees, office employees, executives, administrative personnel, service engineers, field inspectors, foremen, and all other supervisory employees with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees, or effectively recommend such action, constitute a unit appropriate for the purposes of collective bargaining, within the meaning of Section 9 (b) of the Act. v. THE DETERMINATION OF REPRESENTATIVES We shall direct that the question concerning representation which has arisen be resolved by means of an election by secret ballot among the employees in the appropriate unit who were employed during the pay-roll period immediately preceding the date of the Direction of Election herein, subject to the limitations and additions set forth in the Direction. The Union requests that it appear on the ballot as "United Electrical, Radio & Machine Workers of America, C. I. 0." We shall place it on the ballot with its local designation since it appears that the Local is the petitioner herein. DIRECTION OF ELECTION By virtue of and pursuant to the power vested in the National Labor Relations Board by Section 9 (c) of the National Labor Relations Act, and pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 3, as amended, it is hereby DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with Cochrane Corpo- ration and Rotameters, Inc., Philadelphia, Pennsylvania, an election oy secret ballot shall be conducted as early as possible, but not later than thirty (30) days front the date of this Direction, under the direc- tion and supervision of the Regional Director for the Fourth Region, acting in this matter as agent for the National Labor Relations Board, and subject to Article III, Sections 10 and 11, of said Rules and Regu- lations, among the employees in the unit found appropriate in Section IV, above, who were employed during the pay-roll period immediately preceding the date of this Direction, including employees who did 3 The working foremen are not supervisory employees within the meaning of the Board's definition of that term. COCHRANE CORPORATION 973 not work during said pay-roll period because they were ill or on vaca- tion or temporarily laid off, and including employees in the armed forces of the United States who present themselves in. person at the polls, but excluding any who have since quit or been discharged for cause and have not been rehired or reinstated prior to the date of the election, to determine whether or not they desire to be represented by United Electrical, Radio & Machine Workers of America, Local 155, C. I. 0., for the purposes of collective bargaining. 639678-45-vol 61-63 Copy with citationCopy as parenthetical citation