Jamestown Steel Partition Co.

National Labor Relations Board - Board Decisions

Jan 21, 1941

29 N.L.R.B. 116 (N.L.R.B. 1941)

In the Matter of JAMESTOWN STEEL PARTITION Co. and LOCAL 309,
UNITED ELECTRICAL, RADIO ce, MACHINE WORKERS OF AMERICA
Case No. R-2250 .Decided January 21, 1941
Jurisdiction : steel products manufacturing industry.
Investigation and Certification of Representatives : existence of question. re-
fusal to accord recognition to union until it is certified by the Board ; election
necessary. - -
Unit Appropriate for Collective Bargaining : production and maintenance em-
ployees, excluding supervisory and clerical employees, draftsmen, and
engineers.
Mr. J. Russell Rogerson, of Jamestown, N. Y., for the Company.
Mr. Willard Bliss, of Erie, Pa., for the Union.
Mr. Louis Cokin, of counsel to the Board. '
DECISION
AND
'DIRECTION OF ELECTION
STATEMENT OF THE CASE
On November 13, 1940, Local 309, United Electrical , Radio &
Machine Workers of America, herein called the Union, filed with the
Regional Director for the Third Region (Buffalo , New York) a peti-
tion alleging that a question affecting commerce bud arisen concern-
ing, the representation of employees of Jamestown Steel Partition
Co., Falconer , New York , herein called the Company , and requesting
an investigation and certification of representatives pursuant to Sec-
tion 9 ( c) of the National Labor - Relations Act, 49 Stat . 449, herein
called the Act. On December 21, 1940, 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 Rdgiilations-Series 2, as amended , ordered an investiga-
tion and authorized the Regional Director to- conduct it and to pro-
vide for an appropriate hearing upon clue notice.
On December 28, 1940, the Regional Director issued a notice of
hearing, copies of which were duly served upon the Company and the
Union. Pursuant to notice , a hearing was held on January 6, 1941,
at Jamestown , New York, before Peter J. Crotty , the Trial Examiner
duly designated by the Board. The Company was represented by
counsel, the Union by its representative ; both participated -in the
29 N L R. B., No 20.
116
JAMESTOWN STEEL PARTITION CO. -
hearing. 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 several rulings on motions and on objections to the admission
of evidence. The Board has reviewed the rulings of the Trial Ex-
aminer and finds that no prejudicial errors were committed. The
rulings are hereby affirmed.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Jamestown Steel Partition Co. is a New York corporation operat-
ing a plant at Falconer, New York, where it is engaged in the manu-
facture and sale of steel partitions, steel cabinets, and portable shelv-
ing. During 1940 the Company purchased raw materials valued at
about $125,000, approximately 90 per cent of which were shipped to
it from points outside the State of New York. During the same
period the Company sold goods valued at about $340,000, approxi-
mately 80 per cent of which were shipped by it to points outside the
State of New York.
IT. TIIF ORGANIZATION INVOL\ ED
Local 309, United Electrical, Radio & Machine Workers of
America, is a labor organization affiliated with the Congress of Indus- -
trial Organizations. It admits to membership employees at the
Falconer plant of the Company.
ITT. THE QUESTION CONCFRNIN G REPRESENTATION
The Company has refused to grant exclusive recognition to the
Union until it is certified by the Board. A statement of the Regional
Director, introduced at the hearing, shows that the Union represents
a substantial number of the employees in the unit alleged by it to be
appropriate.'
We find that a question has arisen concerning the representation
of employees of the Commpany.
IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION
We find that the question concerning representation which has
arisen, occurring in connection with the operations of the Company
described in Section I above, has a close, intimate, and substantial
relation to trade, traffic, and commerce among the several States and
1 The Regional Director 's statement shows that the Union has presented to him authori-
zation cards signed by iO employees There a i e approximately 80, employees in the alleged
appropriate unit
118 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
tends to lead to labor disputes burdening and obstructing commerce
and the free flow of commerce.
V: THE APPROPRIATE UNIT
The Union urges that all production and maintenance employees at
the Falconer plant of the Company, excluding supervisory and cleri-
cal employees, draftsmen, and engineers, constitute a unit appropriate
for the purposes of collective bargaining. The only controversy with
respect to the unit concerns draftsmen and engineers. The Union
urges the exclusion of all such employees, and the Company desires
their inclusion.
The Company has four employees classified by it as draftsmen and
engineers. These employees prepare blue prints and estimates for
the Company fop submission to prospective purchasers and, when
the Company acquires an order, make the blue prints for use in the
production of the order in the plant. During the course of produc-
tion, the draftsmen and engineers are frequently consulted by the
production employees-as to the proper method of handling the work.
While these employees are,like the production employees, paid on an
hourly basis and at comparable rates, we have held that the interests
and problems of such employees are not sufficiently similar to those
of production and maintenance employees to warrant their inclusion
within the same bargaining unit, at least where the only labor or-
ganization involved, as here, is opposed to such inclusion. We find
that the draftsmen and engineers should be excluded from the appro-
priate unit?
We find that all production and maintenance employees at the
Falconer plant of the Company, excluding supervisory and clerical
employees, draftsmen, and engineers, constitute a unit appropriate for
the purposes of collective bargaining, and that said unit will insure
to the employees of the Company their full right to self-organization
and to collective bargaining and otherwise effectuate the policies of
the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
We find that the question concerning representation which has
arisen can best be resolved by an election by secret ballot. We find
that the employees of the Company eligible to vote in the election
shall be those in the appropriate unit who were employed during
the pay-roll period immediately preceding the date of the Direction
of Election herein, including employees who did not work during
such pay-roll period because they were ill or on vacation and em-
ployees who were then or have since been temporarily laid off, but
2 See Matter of Walker Vehicle Company and The Automatic Transportation Company,
Dsvisions of the Yale & Towne Manufacturing Company andWalker-Automatic Independent
Labor Association, 7 N L R , B. 827.
JAMESTOWN STEEL PARTITION CO. ^ 119
excluding those employees who have since quit or been discharged
for cause.
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following:
CONCLUSIONS OF LAW
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of Jamestown Steel Partition Co., Falconer,
New York, within the meaning of Section 9 (c) and Section 2 (6)
and (7) of the National Labor Relations Act.
2. All production and mdintenance employees' at the Falconer plant
of the Company, excluding supervisory and clerical employees, drafts-
men, and engineers, constitute a unit appropriate for the purposes
of collective bargaining, within the meaning of Section 9 (b) of the
National Labor Relations Act.
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 authorized by the Board
to ascertain representatives for the purposes of collective bargaining
with Jamestown Steel Partition Co., Falconer, New York, an elec-
tion 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 -.ill -this matter as agent for the National Labor Re-
lations Board, and subject to Article III, Section 9, of said Rules and
Regulations,_ among all production and maintenance employees at the
Falconer plant of the Company who were employed during the pay-
roll period immediately preceding the date of this Direction, includ-
ing employees R ho did not work during such pay-roll period because
they'were ill or on vacation and employees who ,were then or have
since been temporarily laid off, but excluding supervisory and clerical
employees, draftsmen, engineers, and employees who have since quit
or been discharged for cause, to determine whether or not they desire
to be,represented by Local 309, United Electrical, Radio & Machine
Workers of America, affiliated with the Congress of Industrial Or_
;anizations, for the purpose of collective bargaining.
CHAIR1fAN HARRY A. MILLis took no part in the consideration of
the above Decision and Direction of Election.