Edward G. Budd Manufacturing Co.

National Labor Relations Board - Board Decisions

May 30, 1945

61 N.L.R.B. 1604 (N.L.R.B. 1945)

In the Matter of EDWARD G. BUDD MANUFACTURING Co. and INTER-
NATIONAL UNION, UNITED AUTOMOBILE, AIRCRAFT, AND AGRICUL-
TURAL IMPLEMENT WORKERS OF AMERICA (UAW-CIO)
Case No. 4-B-1699.-Decided May 30, 1945
Mr. Charles A. Wolfe, of Philadelphia, Pa., for the Company.
Mr. Louis F. McCabe, of Philadelphia, Pa., and Mr. Harold I. Cam-
mer, of New York City, for the C. 1. 0.
Mr. L. Halpern Miller, of Philadelphia, Pa., for the Independent.
Messrs. Louis H. Wilderman and Morris May, both of Philadelphia,
Pa., for the Pattern Makers.
Mr. Harry Nathanson, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF TILE CASE
Upon a petition duly filed by International Union, United Auto-
mobile, Aircraft, and Agricultural Implement Workers of America
(UAW-CIO), herein called the CIO, alleging that a question affecting
commerce had arisen concerning the representation of employees of
Edward G. Budd Manufacturing Co., Philadelphia, Pennsylvania,
herein called the Company, the National Labor Relations Board pro-
vided for an appropriate hearing upon due notice before W. P. Webb,
Trial Examiner. Said hearing was held at Philadelphia, Pennsyl-
vania, on April 10, 18, and 19, 1945. The Company, the CIO, Inde-
pendent Workers' Union of tl Edward G. Budd Manufacturing Co.,
herein called the Independent, and Pattern Makers' League of North
America, Philadelphia Association, herein called the Pattern Makers,
appeared and participated. All parties were afforded full opportunity
to be heard, to examine and cross-examine witnesses, and to introduce
evidence bearing on the issues. At the hearing the Company and the
Independent moved to dismiss the petition and the Trial Examiner
referred the motion to the Board for determination. For reasons set
forth in Sections III and IV, infra, the motion is denied. The Trial
Examiner's rulings made at the hearing are free from prejudicial error
61 N. L. R. B.. No. 249.
1604
EDWARD G. BUDD MANUFACTURING CO. 1605
and are hereby affirmed. All parties were afforded an opportunity
to file briefs with the Board. The requests of the Company and the
Independent for oral argument are hereby denied.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Edward G. Budd Manufacturing Co., a Pennsylvania corporation
with its principal place of business in Philadelphia, Pennsylvania, is
engaged in the manufacture of steel automobile bodies and parts,
stainless steel rolling stock for railroads, stainless steel parts for naval
vessels, and other steel products. During 1943, the Company pur-
chased for use at its Philadelphia plant, steel valued at more than
$15,000,000, of which approximately 75 percent was shipped from
points outside the Commonwealth of Pennsylvania. During the same
period the Company manufactured finished products amounting in
value to approximately $80,000,000, of which 95 percent was shipped
to points outside the Commonwealth of Pennsylvania. The Com-
pany's entire production is devoted to the war effort.'
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
International Union, United Automobile, Aircraft, and Agricul-
tural Implement Workers of America (UAW-CIO), affiliated with
the Congress of Industrial Organizations, is a labor organization
admitting to membership employees of the Company.
Independent Workers' Union of the Edward G. Budd Manufactur-
ing Co., unaffiliated, is a labor organization admitting to membership
employees of the Company.
Pattern Makers' League of North America, Philadelphia Associa-
tion, affiliated with the American Federation of Labor, is a labor
organization admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On May 31, 1944, the Company and the Independent executed a
1-year "Memorandum of Agreement" which provided, in part, as
follows :
The Company agrees that pending and during the further
collective bargaining negotiations herein contemplated to com-
1 It was stipulated at the hearing that the above facts set forth in the Decision in Matter
of Edward G. Budd Manufacturing Co., 57 N. L. R. B. 1577, are substantially correct at
the present time and that there have been no material changes in the Company's business
since the issuance of that Decision.
1606 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
mence forthwith, it will make no material changes in the em-
ployees' present wages, benefits or working conditions, without
giving the [Independent] at least fifteen (15) days' prior notice
of its intention so to do. If and in the event the [Independent]
shall fail to concur in any such contemplated changes, the [Inde-
pendent] shall thereupon have the right to terminate this agree-
ment . . . upon fifteen (15) days' notice to the Company of its
intention so to do.
By letter dated June 29, 1944, the CIO requested the Company to
recognize it as the exclusive bargaining representative of the Com-
pany's production and maintenance employees. In reply the Company
stated that it recognized the Independent as the exclusive bargaining
representative of its employees. On July 26, 1944, the CIO filed with
the Board a petition for investigation and certification of representa-
tives.2 Thereafter, on September 14, 1944, the Company entered into
a collective bargaining agreement with the Independent, effective as of
August 4, 1944, to expire on August 4, 1945. On November 16, 1944,
the CIO withdrew its petition. Later, by letter dated February 24,
1945, the CIO again requested the Company to recognize it as the exclu-
sive bargaining representative of the Company's production and main-
tenance employees. The Company replied once more that it would
not grant the CIO's request because it recognized the Independent.
On March 5, 1945, the CIO filed its petition in the instant proceeding.
The Company and the Independent contend that the agreement ef-
fective as of August 4, 1944, precludes a current determination of
representatives. Since this contract, however, will expire on August
4, 1945, less than 3 months from the present time, we find that it is not
a bar to the present proceeding; but any certification which we may
issue shall be for the purpose of designating a representative to
negotiate a new agreement to succeed the contract now in effect.3
A statement of a Field Examiner, introduced into evidence at the
hearing, indicates that the CIO represents a substantial number of
employees in the unit hereinafter found appropriate.4
s Case No. 4-R-1508.
Matter of Little Rock Furniture Manufacturing Company, 60 N. I. R B 550
The Field Examiner reported that the CIO submitted 3,472 authorization cards dated
during the period from January 1944 to March 1945 , and that there were 5,466 employees
in the unit it seeks . The Independent relies upon its contracts as evidence of interest in
the instant proceeding.
The Company and the Independent contend that , because the cards submitted by the
CIO were not checked against the Company 's pay roll the CIO did not make an adequate
showing of representation . As we have frequently stated, authorization or membership
cards are required not as proof of the precise number of employees who desire to be repre-
sented by a labor organization or as a basis for determining the appropriate representative,
but simply to provide a reasonable safeguard against indiscriminate institution of repre-
sentation proceedings by labor organizations which might have little or no membership in
the unit claimed to be appropriate ( see Matter of The Meteor Motor Car Company, 58
N. L. R. B . 97). We are satisfied that the CIO 's showing is substantial.
EDWARD G. BUDD MANUFACTURING CO. 1607
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
The CIO contends that the appropriate bargaining unit should com-
prise all production and maintenance employees of the Company, in-
cluding group leaders,5 matrons and toilet men, but excluding all
assistant foremen, and persons of equal or higher rank, all office and
shop clerical employees, stationary engineers, gas and are weld school
instructors, test department employees, storekeeper, assistant store-
keeper, chauffeur, truck driver, photographer, blueprint machine
operator, guards and certain other employees.' The Company and
the Independent would include all office and shop clerical employees,
stationary engineers, gas and arc weld school instructors, test depart-
ment employees, storekeeper, assistant storekeeper, chauffeur, truck
driver, photographer, blueprint machine operator and guards. All
these categories were covered by the terms of the 1944 contracts entered
into between the Company and the Independent.
Ogee and shop clerical employees: In a prior proceeding,? we found
that the Company's office, professional and shop clerical employees,
excluding expediters, constitute a separate appropriate bargaining
unit. For reasons stated in that case, we shall not merge office and
shop clerical employees with production and maintenance workers.
Consequently, we shall exclude all office and shop clerical employees.8
However, we shall include expediters in accordance with the views
expressed in our previous decision.
Stationary engineers: The duties of these employees are to make
adjustments and repairs on boilers. Although they are required to
be licensed and must be familiar with compressors and various types
of gauges, they are not, in fact, technical engineers, but shop workers
whose duties are similar to those of machinists or machine operators.
We shall include them.
Gas and are weld school instructors: The Company employs certain
persons who work as welders and, in addition, instruct employees in
gas and arc welding. These instructors are authorized by the Army
and Navy to certify welders as qualified. They work under condi-
° Group leaders apparently are not supervisory employees within the meaning of our
usual definition
8 The parties agree to exclude from any unit found to be appropriate personnel inter-
viewers, employment interviewers, job analysts , rate setters, time -study men , safety in-
spectors, and secretaries to the following: president, vice president, secretaries, treasurer,
comptroller, and personnel manager . The parties further agree that pattern makers and
pattern makers' apprentices be excluded ; the Pattern Makers intervened merely to safe-
guard its interest in these employees
'r Matter of Edward G . Budd Manufacturing Co., 57 N. L R. B. 1577.
8 The shop clericals are timekeepers , store clerks , planning clerks, shop stenographers,
shop typists , and inventory clerks.
1608 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
tions similar to those of other employees and have no authority to hire,
discharge, or effectively make recommendations concerning the disci-
pline or discharge of employees. We shall include them.
Test department employees: The employees in this department are
primarily concerned with the testing of welded materials in the stain-
less steel division. The test mechanic makes tests on materials sent
to him by the production department. The laboratory assistant in the
department is the test mechanic's helper. The stress analyst deter-
mines stresses, and expresses in' technical language what the test me-
chanic discovers by his tests. The arc welder in this department is
engaged in performing experimental work. His work, however, is
fundamentally the same as that of welders in other departments.
These employees work under the same conditions and enjoy the same
benefits as other production and maintenance employees. We shall
include them.
Storekeepers and assistant storekeepers: The duties of storekeepers
are to store materials and tools and to issue them to any department
on requisition. Assistant storekeepers are storekeepers' helpers who
perform duties similar to those of storekeepers. All these employees
are, in fact, material handlers.9 The record is clear that they have no
supervisory authority within the meaning of our usual definition. We
shall include them.
Chauffeur and truck driver: These employees perform the usual
functions associated with their classifications. Although they oc-
casionally make express deliveries to and from the plant, they op-
erate within the plant premises. We shall include them.
Photographer: The duty of this employee is to take commercial
photographs for record purposes. We shall include him.
Blueprint machine operators: These employees operate machines
which make blueprints from draftsmen's designs furnished by the
engineering department. We shall include them.
Guards: These employees are neither armed ,10 militarized nor dep-
utized, but wear uniforms. The record discloses that they are essen-
tially plant watchmen whose duties relate to the protection of the
Company's property and the prevention of fires. They have no super-
visory functions, and it does not appear that they exercise monitorial
duties in relation to other employees. We shall include them.,,
We find that all production and maintenance employees of the
Company including group leaders, matrons, toilet men, expediters,
stationary engineers, gas and arc weld school instructors, test depart-
ment employees, storekeepers, assistant storekeepers, chauffeurs, truck
drivers, photographer, blueprint machine operators, and guards, but
Y The CIO agrees to include receiving checkers, store checkers, and inventory checkers,
all of whom are material handlers.
10 Guards assigned to protecting the Company's pay roll on pay days are armed only at
such times.
21 See Matter of General Cable Corporation, 60 N. L. R. B. 1177.
EDWARD G. BUDD MANUFACTURING Co. 1609
excluding pattern makers, pattern makers' apprentices, office and shop
clerical employees, personnel interviewers, employment interviewers,
job analysts, rate setters, time-study men, safety inspectors, secretary
to the president, secretary to the vice president, secretaries to the
secretaries, secretary to the treasurer, secretary to the comptroller,
secretary to the personnel manager, assistant foreman and persons of
equal or higher rank, and all other supervisory employees with author-
ity to hire, promote, discharge, discipline, or otherwise effect changes
in the status of employees, or effectively recommend such action, con-
stitute 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 an election by secret ballot among the em-
ployees 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.
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 Edward G. Budd
Manufacturing Co., Philadelphia, 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
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 Regula-
tions, 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 the said pay-roll period because they were ill or on
vacation 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 they desire to be represented by
International Union, United Automobile, Aircraft, and Agricultural
Implement Workers of America (UAW-CIO), or by Independent
Workers' Union of the Edward G. Budd Manufacturing Co., for the
purposes of collective bargaining, or by neither.