Harold E. Trent Co.

National Labor Relations Board - Board Decisions

Aug 4, 1943

51 N.L.R.B. 1054 (N.L.R.B. 1943)

In the Matter Of HAROLD E. TRENT COMPANY and INTERNATIONAL
BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL UNION No. 98,
A. F. of L.
Case No. R-5643.-Decided August 4, 1943
Mr. Harold E. Trent, of Philadelphia, Pa., for the Company.
Messrs. James E. Rogan and William C. Johnson, of Philadelphia,
Pa., for the Union.
Miss Frances Lopinsky, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by International Brotherhood of Electrical
Workers, Local Union No. 98, A. F. of L., herein called the Union,
alleging that a question affecting commerce had arisen concerning the
representation of employees of Harold E. Trent Company, herein
called the Company, the National Labor Relations Board provided
for an appropriate hearing upon due notice before Geoffrey J.
Cunniff , Trial Examiner. Said hearing was held at Philadelphia,
Pennsylvania, on July 8, 1943. The Company and the Union ap-
peared, participated, 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 afforded opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Harold E. Trent Company is a Delaware corporation with its prin-
cipal place of business in Philadelphia, Pennsylvania. It is the plant
in Philadelphia which this proceeding concerns. That plant is en-
51 N. L. R. B., No. 168.
1O P4
HAROLD E. TRENT COMPANY 1055
gaged in the manufacture, sale, and distribution of electrical heating
equipment, all of which is used directly or indirectly in the war effort.
During the year 1942 the Company at its Philadelphia plant used
raw materials including steel, various types of insulation, and various
types of brick of a value approximating $150,000, about 30 percent
of which was purchased from outside the State of Pennsylvania.
During that year 50 percent of the Company's finished product was
shipped outside the State of Pennsylvania. The gross value of the
entire output was approximately $350,000.
The Company admits that it is, engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
International Brotherhood of Electrical Workers, Local Union No.
98, is a labor organization affiliated with the American Federation of
Labor, admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
In February of 1943, the Union requested recognition as the ex-
clusive bargaining representative of the Company's employees within
a unit which it alleged appropriate. The Company refused so to
recognize the Union until it should be certified by the Board as the
proper collective bargaining agency.
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 herein found 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
In its petition, the Union contended that all of the Company's pro-
duction and maintenance employees, including draftsmen, office cler-
ical employees, watchmen, working foremen, shipping clerks, receiv-
ing clerks, and stockroom clerks; excluding superintendents, foremen,
and supervisory employees with the right to hire, discharge, or set
rates, constitute a unit appropriate for the purposes of collective
bargaining.
I The Union presented to the Regional Director 64 cards, all of which bear what appear
to be genuine signatures . Thirty-four of these bear signatures of persons whose names
appear on the Company 's May 27, 1943, pay roll which contained names of 53 employees
in the appropriate unit. The cards were dated January and February 1943.
1056 DECISIONS - OF NATIONAL LABOR RELATIONS BOARD
The Company objected to the inclusion of draftsmen, office
clerical employees , watchmen, working foremen , and all maintenance
employees.
At the hearing the Union agreed to the exclusion of draftsmen, a
printer who works with the draftsmen , and one working foreman;
and the Company agreed to the inclusion of maintenance employees.
Office Clerical Employees : The Union bases its inclusion of clerical
employees solely on the fact that some of these employees have applied
to it for membership . It is generally conceded that in most industrial
plants, the so-called white collar worker does not have duties, working
,conditions , or interests in common with the factory worker. Since
the record contains nothing to indicate absence of the usual dissimi-
larities between clerical and production -maintenance employees in
the Company 's plant, we shall exclude clerical workers from the unit.2
Watchmen : There are two watchmen who have been sworn in by
the military authorities as auxiliary policemen . We shall , in har-
mony With our usual policy respecting plant-protection employees,
exclude them from the unit.'
Working foremen: The Union originally asked for the inclusion of
three working foremen : Schlauter , Fernekey , and LeFevre. At the
hearing it agreed to the exclusion of Fernekey upon proof that he is
a non -working foreman . Schlauter and LeFevre each ,has charge
of a group of men . They instruct these men in their duties by
actually taking a part in production . They have authority to dis-
cipline, to recommend discharge and wage increases , and to make
suggestions for hiring . They work directly under the shop super-
intendent . The Union 's basis for inclusion of these working foremen
is their inclusion in similar units in other plants . We find the working
foremen to be supervisory employees and shall exclude them from
the unit.
We find that all maintenance and production employees of the
Company's Philadelphia , Pennsylvania , plant, including shipping
clerks, receiving clerks, and stockroom clerks, but excluding drafts-
men, the printer, office clerical employees , the watchmen , working
foremen, and all other 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 collective bargaining within the meaning of
Section 9 ( b) of the Act.
2 See Matter of The Kelly Co., 34 N. L. R. B. 325; see also Indianapolis Power tt Light
- - -Co., 51 N 'L. R. B.-670.
8 See Matter of Lincoln Engineering Company, 25 N. L. R. B. 1083, and cases cited
therein. -
HAROLD E. TRENT COMPANY
V. THE DETERMINATION OF REPRESENTATIVES
1057
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among the
employees of the Company in the unit found appropriate in Section
IV, above, who were employed during the pay-roll period immedi-
ately 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 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 Harold E. Trent
Company, 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 super-
vision 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, Section 10, 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 of Election, including employees
who did not work during such 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 employees who have since quit or
been discharged for cause, to determine whether or not they desire
to be represented by International Brotherhood of Electrical Work-
ers, Local Union No. 98, A. F. of L., for the purposes of collective
bargaining.
CHAIRMAN MILLIS took no part in the consideration of the above
Decision and Direction of Election.