Farrar & Trefts, Inc.

National Labor Relations Board - Board Decisions

Sep 30, 1942

44 N.L.R.B. 678 (N.L.R.B. 1942)

In the Matter of FARRAR & TREFTS, INC. and AMFRICAN FEDERATION
OF LABOR
Case No. R-4087.-Decided September 3O, 19/0
Jurisdictions tank and boiler manufacturing industry.
Investigation and Certification of Representatives : existence of question. re-
fusal to accord any organization recognition until certified by the Board ;
election necessary.
Unit Appropriate for Collective Bargaining : production and maintenance em-
ployees, including watchmen, but excluding supervisory and office employees.;
stipulation as to.
Mr. Francis V. Cole, for the.Board.
Itilr. Edward D. Flaherty, of Buffalo, N. Y., for the Company.
Mr. George O'Keefe, of Buffalo, N. Y., for the A. F. of L:
Mr. Joseph P. Manoly, of Buffalo, N. Y., for the United.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION' OF ELECTION
STATEMENT OF THE CASE
Upon petition and amended petition duly filed by the American
..Federation of Labor, herein called the A. F. of L., alleging that a
question affecting commerce had arisen concerning the representation
of'employees of Farrar & Trefts, Inc., Buffalo, New York, herein
called the Company, the National Labor Relations Board provided for
an appropriate hearing upon due notice before Peter J. Crotty, Trial
Examiner. Said hearing was held at Buffalo, New York, on Septem-
ber 15, 1942. The Board, the Company, the A. F. of L., and United
Steelworkers of America, herein called the United, 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.
:Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Farrar & Trefts, Inc., is a New York corporation with its prin-
cipal-place of business at Buffalo, New York, where it is engaged
44 N. L. R. B, No. 122.
678
FARRAR & TREFTS, INC. 679
in he manufacture of steel tanks and boilers. During the 12-month
period ending July 31, 1942, the Company purchased raw materials
valued in- excess of $500,000, "approximately 60 percent of which was
shipped to it from outside the State of New York. During the same
period the Company sold finished products valued at about $600,000.
approximately 60 percent of which was shipped out of the State of
New`York. The Company admits, for the purpose of this proceeding,
that it is engaged in commerce within the meaning of the National
Labor Relations Act.
II. THE ORGANIZATIONS INVOL%%ED
American 'Federation of Labor is a labor organization admitting
to membership employees of the Company.
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 A. F. of L. or the United
as the exclusive representative of its employees until such time as one
or the other is certified by the Board.
A statement of the Regional Director, introduced into evidence
during the hearing, indicates that the A. F. of L. represents a sub-
stantial number of the 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 accordance with a stipulation of the parties, that all
production and maintenance employees of the Company, including
watchmen, but excluding supervisory and office employees, 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 an election by secret ballot among the eni-
'The Regional Director iepoited that the A F of I, presented 62 application cards
bearing apparently genuine signatures of persons whose names appear on the August 18,
1942 , pay roll of the Company There are 141 employees on the pay roll in the unit
hereinafter found to be appropriate The Regional Diiector further reported that the
United presented 26 membership application cards bearing apparently genuine signatures
of persons whose names appeal on the August 18 , 1942, pay roll
680 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ployees in the appropriate unit who -were employed during the pay-
roll period immediately preceding the date of the Direction of, Elec-
tion 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 Rela-
tions Act, and pursuant to Article III, Section 8, 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 Farrar & Trefts,
Inc., Buffalo , New York, 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 Third Region, acting in this matter as agent for the
National Labor Relations Board, and subject to Article -III , Section
9, 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 Direc-
tion , including any such employees who did not work during said
pay-roll period because they were ill or on , vacation or in the active
military service or training of the United States, or temporarily laid
off, but excluding any who have since quit or been discharged for
cause, to determine whether they desire to be represented by'American
Federation of Labor, or by United Steelworkers of America , affili-
ated with the Congress of Industrial Organizations , for the purposes
of collective bargaining, or by neither.
MR.WM. M. LEIsERsoN took no part in the consideration of the above
Decision and Direction of Election.