Heilig Brothers Co., Inc.

National Labor Relations Board - Board Decisions

Apr 20, 1945

61 N.L.R.B. 664 (N.L.R.B. 1945)

III the Matter Of HEILIG BROTHERS Co., INC., and INTERNATIONAL
ASSOCIATION OF MACHINISTS, LOCAL 1769, A. F. OF L.
Case No. 4-R-1668.-Decided April 00, 1945
Mr. John F. Dumont, of Little Falls, N. J., for the Company.
Mr. Stanley N. Lentz, of Philadelphia, Pa., and Mr. R. Richard
Ebersole, of York, Pa., for the Union.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by International Association of Machinists,
Local 1769, A. F. of L., herein called the Union, alleging that a ques-
tion affecting commerce had arisen concerning the representation of
employees of Heilig Brothers Co., Inc., York, Pennsylvania, herein
called the Company, the National Labor Relations Board provided
for an appropriate hearing upon due notice before Eugene M. Purver,
Trial Examiner. Said hearing was held at York, Pennsylvania, on
March 27, 1945. The Company and the Union appeared at and par-
ticipated in the hearing.' All parties 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
I. THE BUSINESS OF THE COMPANY
Heilig Brothers Co., Inc., is a Delaware corporation operating a
plant at York, Pennsylvania, where it is engaged in the manufacture
of wire screens. The Company uses raw materials annually valued in
1 Although United Steelworkers of America, C I 0, was served with Notice of Hearing,
it did not appear
61 N. L. R. B., No. 103.
664
HEILIG BROTHERS CO., INC. 665
excess of $1,000,000, about 75 per cent of which is shipped to it from
points outside the Commonwealth of Pennsylvania. The Company
annually manufactures products valued in excess of $1,000,000, over
80 percent of which is shipped to points outside the Commonwealth of
Pennsylvania.
The Company admits, for the purpose of this proceeding, that it is
engaged in commerce within the meaning of the National Labor Rela-
tions Act.
II. THE ORGANIZATION INVOLVED
International Association of Machinists, Local 1769, is a labor or-
ganization affiliated with the American Federation of Labor, admit-
ting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company refuses to recognize the Union as the exclusive collec-
tive bargaining representative of its employees until such time as the
Union is certified by the Board.
A statement of a Field Examiner of the Board, introduced into evi-
dence at the hearing, indicates that the Union represents a substantial
number of employees in the unit hereinafter found to be appropriate.2
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, excluding
office and clerical employees and all supervisory employees with au-
thority to hire, promote, discharge, discipline, or otherwise effect
changes in the status of employees, or effectively recommend such
action, constitute a unit appropriate for the purposes of collective bar-
gaining, within the meaning of Section 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
We find that the question concerning representation which has
arisen can best be resolved by means of an election by secret ballot.
The Company urges that the pay roll of March 24, 1945, be used to
determine eligibility to vote. Inasmuch as no persuasive reason ap-
pears for departing from our usual practice, we shall direct that those
eligible to vote shall be the employees in the appropriate unit who
were employed during the pay-roll period immediately preceding the
2 The Field Examiner reported that the Union submitted 60 authorization cards There
are approximately 132 employees in the appropriate unit.
666 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 Rela-
tions 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 Heilig Brothers
Co., Inc., York, Pennsylvania, an election by secret ballot shall be con-
ducted 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 Regulations, among the em-
ployees 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 tempo-
rarily laid off, and including employees in the armed forces of the
United States who present themselves in person at the polls, but ex-
cluding 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 or not they desire to be represented by Interna-
tional Association of Machinists, Local 1769, A. F. of L., for the pur-
poses of collective bargaining.