E. T. Lippert Saw Co.

National Labor Relations Board - Board Decisions

Nov 4, 1943

53 N.L.R.B. 392 (N.L.R.B. 1943)

In the Matter of E. T. LIPPERT SAW COMPANY and UNITED STEEL-
WORKERS - OF AMERICA , C. I. O.
Case No. 6-R-829.-Decided November 4, 1943
Mr. C. M. Thorp , Jr., of Pittsburgh , Pa., for the Company.
Messrs. Joseph A. Goney , Ford Forsythe , and Paul A. Stoclehouse,
of Pittsburgh , Pa., for the Union.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by United Steelworkers of America, C. 1. 0.,
herein called the Union, alleging that a question affecting commerce
had arisen concerning the representation of employees of E. T. Lip-
pert Saw Company, Millvale, Pennsylvania, herein called the Com-
pany, the National Labor Relations Board provided for an appropri-
ate hearing upon due notice before W. G. Stuart Sherman, Trial
Examiner. Said hearing was held at Pittsburgh, Pennsylvania, on
October 16, 1943. The Company and the Union appeared, partici-
pated, and were afforded full opportunity to be heard, to examine and
cross-examine witnesses, and to introduce evidence bearing on the
issues. The Trial Examiner's rulings made at the hearing are-free
from prejudicial error and are hereby affirmed. All parties were af-
forded opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
E. T. Lippert Saw Company is a Pennsylvania corporation with
its principal place of business at Millvale, Pennsylvania, where it is
engaged in the manufacture of industrial saws and aircraft armor
plate. During the 12-month period preceding October 1943, the Com-
pany purchased raw materials valued at about $45,000, approximately
53 N. L. R. B, No. 69.
-392
I
L. T. LIPPERT -SAW COMPANY 393
33 percent of which was shipped to it from points outside the State
of Pennsylvania. During the same period the Company sold products
valued at about $2,500,000, about 10 percent of which was shipped to
points outside the State of Pennsylvania. The Company admits that -
it is engaged in commerce within the meaning of the National Labor
Relations Act.
II. THE ORGANIZATION INVOLVED
United Steelworkers of America is a labor organization affiliated
with the Congress of Industrial Organizations; admitting to member-
ship employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company refuses to recognize the Union as the exclusive col-
lective bargaining representative of its employees until such time
as the Union is certified by the Board.
A statement of the Regional Director, introduced into evidence at
the hearing, indicates that the Union represents a substantial number
of employees in the unit hereinafter found to be appropriate."
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company, within the meaning
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 pro-
duction and maintenance employees of the Company, excluding office
clerical employees, salaried employees, uniformed policemen, and all
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.
1 The Regional Director reported that the Union presented 143 membership application
eards bearing apparently genuine signatures of persons whose names appear on the Com-
pany's pay roll of October 5, 1943: There are approximately 326 employees in the appro-
priate unit.
394 DECISIONS- OF NATIONAL LABOR RELATIONS BOARD
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 Rela-
tions Act, and pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 2, as amended, it.is
hereby _ .
DIRECTED that, as part of the investigation `to ascertain representa-
tives for the purposes of collective bargaining with E. T. Lippert
-Saw Company, Millvale, Pennsylvania, an election .by secret ballot
shall be conducted as early as possible-but not later than thirty (30)
days from the date of this Direction, under the direction and supervi-
sion of the Regional Director for the, Sixth 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 Regulations,
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
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 Steelworkers of America, C. I. O., for the purposes of
collective bargaining.