Fraser-Brace Engineering Co., Inc.

National Labor Relations Board - Board Decisions

Feb 16, 1942

38 N.L.R.B. 1263 (N.L.R.B. 1942)

In the Matter Of FRASER-BRACE ENGINEERING COMPANY, INC. and
INTERNATIONAL FEDERATION OF TECHNICAL ENGINEERS', ARCHITECTS'
AND DRAFTSMEN'S UNION, LOCAL 23, A . F. L.
Case No. R-3429.-Decided February 16, 194
Practice and Procedure : petition dismissed without prejudice where construc-
tion work on the project is nearing completion and dll or most of the employees
in the'unit sought will be laid off within the next one or two months.
Mr. Bertram Diamond, for the Board.
Mr. Richmond C. Coburn, of St. Louis, Mo., for the Company.
Mr. Joseph R. Gamble, of St. Louis, Mo., for the Technical, Engi-
neers.
Mr. J. Benson Saks, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
On November 27, 1941, International Federation of Technical En-
gineers', Architects' and Draftsmen's Union, Local 23, affiliated with
the American Federation of Labor, herein called the Technical' Engi-
neers, filed with the Regional Director for the Fourteenth Region (St.
Louis, Missouri) a petition alleging that a question affecting com-
merce had' arisen concerning the representation of employees of
Fraser-Brace Engineering Company, Inc., Weldon Spring, Missouri,
herein called the Company, and requesting an investigation and cer=
tification of representative's pursuant to Section 9 (c) of the National
Labor Relations Act, 49 Stat. 449, herein called the Act. 'On Decem-
ber 1, 1941, the National Labor Relations Board, herein called the
Board; acting pursuant to Section 9 (c) of the Act, and Article III,
Section 3, of National Labor Relations Board Rules and Regulations-
Series 2, as amended, ordered an investigation and authorized the
Regional Director to conduct it and to provide for an appropriate
hearing upon due notice. ' -
On December 6, 1941, the Regional Director issued a notice of hear-
ing, copies of which were duly served upon the Company, the Tech-
nical Engineers, ,and Weldon Spring Professional, Engineers'
Association, herein called the Association. Pursuant to notice, a
38 N. L. R. B., No. 223.
1263
1264 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
hearing was held on December 23 and 30 at St. Louis, Missouri, and
Weldon Spring, Missouri, before William P. Webb, the Trial Exam-
iner duly designated by the Chief Trial Examiner. The Company
was represented by counsel and the Technical Engineers by its repre-
sentative; both participated in the hearing. The Association did not
appear. Full opportunity to be heard, to examine and cross-examine
witnesses, and to introduce evidence bearing on the issues was afforded
all parties. During the course of the hearing, the Trial Examiner
made various rulings on Motions and on objections to the admission
of evidence. The Board has reviewed the rulings of the Trial Exam-
iner and finds that no prejudicial errors were committed. The rulings
are hereby affirmed.
On January 15, 1942, the Company, filed its brief which the Board
has duly considered.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
Fraser-Brace Engineering Company, a New Hampshire cor-
poration with its principal offices in NewInc.,, ork City, is engaged in
the business of construction and of furnishing engineering and archi-
tectural services. At Weldon Spring, Missouri, it is engaged in the
construction of two plants to be operated entirely for the United
States Government by Atlas Powder Company, an unrelated corpora-
tion. The first plant has been completed ; the second plant will be
completed by or before April 1, 1942, the scheduled date. The con-
struction is being done under contract with, and a great deal of
supervision by,, the United States War Department. The Company,
presently employs at the works about 8,000 employees of whom about-
7.500 are engaged in construction operations and' about 500 are office
employees. This number is the greatest so far employed by the Com-
pany at the works. The number of employees is being reduced con-
stantly. By the scheduled completion date of April 1, 1942, it is
anticipated that there will be few, if any, employees of the Company
at the works. There is nothing in the record indicating that any but
a very few of the Company's present employees will be reemployed
by it following the completion of the Weldon Spring project.
Since the construction work on the project is now rapidly nearing
completion, and since it appears that the Company will have laid
off all" or most of its employees by the end of March 1942, we are of
the opinion that it will serve no useful purpose to proceed with a
determination of representatives at the present time.'
1Matter of Fruco Construction Company, FrummColnon Contracting Co. and The Massman'
Construction Company and International ' Federation of Technical Engineers ', Architects'
and Draftsmen's Union, Local 23, A. F. L., 38 N. L. R. B 991 . Cf. Matter of The Ohio
Public Service Company and International Brotherhood of Electrical Workers, A F. L., 36
N. L. R. B. 1269.
FRASER-BRACE ENGINEERING COMPANY, INC. 1265
Under the circumstances , the present petition will be dismissed
without prejudice.
ORDER
Upon the basis of the foregoing findings of fact, the National Labor
Relations Board hereby orders that the petition for investigation and
certification of representatives of employees of Fraser-Brace Engi-
neering Company, ' Inc., Weldon Spring, Missouri, filed by
International Federation of Technical Engineers', Architects' and
Draftsmen's Union, Local 23, A. F. L., be, and it hereby is, dismissed
without prejudice.
438861-42-vol. 38-81