Erie City Iron Works

National Labor Relations Board - Board Decisions

Sep 14, 1949

85 N.L.R.B. 1308 (N.L.R.B. 1949)

In the Matter of ERIE CITY IRON WORKS, EMPLOYER and PATTERN
MAKERS LEAGUE OF NORTH AMERICA, ERIE ASSOCIATION, AFL,,
PETITIONER
Case No. 6-RC-324.-Decided September 14, 1949
DECISION
AND
ORDER
Upon a petition duly filed, a hearing was held before Jerold B.
Sindler, hearing officer. The hearing officer's rulings made at the
hearing are free from prejudicial error and are hereby affirmed.
Pursuant to the provisions of Section 3 (b) of the National Labor
Relations Act, the Board has delegated its powers in connection with
this case to a three-member panel [Members Reynolds, Murdock, and
Gray]. _^
Upon the entire record in this case, the Board finds :
1. The Employer is engaged in commerce within the meaning of
the National Labor Relations Act.
2. The labor organization involved claims to .represent employees
of the Employer.
3. No question affecting commerce exists concerning the representa-
tion of employees of the Employer within the meaning of Section 9 (c)
(1) and Section 2 (6) and (7) of the Act, for the following reasons:
The Petitioner seeks a unit of all wood and metal patternmakers
and apprentices at the Employer's Erie, Pennsylvania, plant. The
Employer took no position with respect to the unit sought. The Inter-
venor 1 moved to dismiss the petition upon the ground of contract bar,z
and also upon the basis that there is only one employee in the requested
unit.
There were formerly six persons employed in the pattern shop at
the Employer's Erie plant. Due to business conditions, all were dis-
charged,' with the exception of the one employee who is presently
classified as a pattern repairman. It is. speculative as to whether
United Steelworkers of America , Local No. 3199, CIO.
In view of our findings herein, we deem it unnecessary to pass upon the question of
contract bar.
3 The discharges occurred prior to the filing of the petition herein.
85 N. L. R. B., No. 216.
1308
ERIE CITY IRON WORKS 1309
additional pattern shop employees will be required in the future. The
Petitioner contends that the duties of the pattern repairman exceed
his job description, that he is in fact a skilled patternmaker, and that
the Board should establish a one-man unit in this instance because of
the Petitioner's prior unsuccessful attempts to carve out a craft unit.
of patternmakers in the Employer's plant.
We are unable to agree with the Petitioner's contentions., Apart
from other considerations, since the unit claimed consists of only one
employee, we find, in accordance with our established principles, that
it is inappropriate,' We shall, therefore, dismiss the petition.
ORDER
IT IS HEREBY ORDERED that the petition herein be, and it hereby is,
dismissed.
4 Matter of 0 & D Radiator Service and Terrill-Phelps Chevrolet Co., Inc., 80 N. L. R. B.
1308, and cases cited therein.