Leon-Ferenbach, Inc.

National Labor Relations Board - Board Decisions

Mar 5, 1953

103 N.L.R.B. 340 (N.L.R.B. 1953)

340 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
represent them as a separate unit, we shall include them in the pro-
duction and maintenance unit."
We find that all production and maintenance employees 18 at the
Employer's Phoenix, Arizona, plant, including inspectors, timekeep-
ers, over-the-road truckdrivers, mechanics, inventory control clerks,
and the office janitor, but excluding official clerical employees, engi-
neers, printing department employees, advertising department em-
ployees, production control clerks, experimental department employ-
ees, watchmen, guards, professional employees, and supervisors as
defined in the Act, constitute a unit appropriate for the purposes of
collective bargaining within the meaning of Section 9 (b) of the Act.
[Text of Direction of Election omitted from publication in this
volume.]
17 Swift c6 Company, 99 NLRB 1497: Birmingham Casket Company, 92 NLRB 573; Tell
City Furniture Company, Inc., 88 NLRB 284.
18 The Petitioner and Intervenors would include the shipping clerk and the receiving
clerk as plant clericals . The Employer seeks their exclusion as supervisors . As the record
is inadequate to determine whether or not these two employees are supervisors within the
meaning of the Act, they will be permitted to cast challenged ballots in the election herein-
after directed. If either of them exercises supervisory powers within the meaning of the
Act, he is to be excluded from the unit ; otherwise, he is to be included.
LEON-FERENBACH , INC. and UNITED TEXTILE WORKERS OF AMERICA,
AFL, PETITIONER . Case No. 4-RC-1869. March 5, 1953
Decision and Direction of Election
Upon a petition duly filed under Section 9 (c) of the National Labor
Relations Act, a hearing was held before Bernard Samoff, hearing
officer. The hearing officer's rulings made at the hearing are free from
prejudicial error and are hereby affirmed.,'
Pursuant to the provisions of Section 3 (b) of the Act, the Board
has delegated its powers in connection with this case to a three-member
panel [Chairman Herzog and Members Styles and Peterson].
Upon the entire record in this case, the Board finds :
1. The Employer is engaged in commerce within the meaning of the
Act.
2. The labor organizations involved claim to represent certain em-
ployees of the Employer.
3. A question affecting commerce exists concerning the representa-
tion of employees of the Employer within the meaning of Section 9 (c)
(1) and Section 2 (6) and (7) of the Act.
1 The hearing officer referred to the Board a motion by the Intervenor, Textile Workers
of America , CIO, herein called the CIO, that the Board take judicial notice of certain
portions of the transcript in Case No. 4-RC-1637, involving this Employer . The motion
is hereby granted.
103 NLRB No. 31.
SOUTHEASTERN PIPE LINE COMPANY 341
3. The CIO contends that its current 3-year contract with the Em-
ployer, effective until March 15, 1954, bars a present determination of
representatives. The record does not show that a substantial part of
the Employer's industry is covered by contracts for a 3-year term.
Accordingly, as the current contract has been in effect for almost 2
years, we find that it is not a bar to this proceeding.2 We also find
that a question affecting commerce exists concerning the representa-
tion of employees of the Employer within the meaning of Section 9
(c) (1) and Section 2 (6) and (7) of the Act.
4. The Petitioner and the Employer stipulated that the unit cov-
ered by the current contract between the Employer and the CIO is
appropriate for the purposes of collective bargaining. The CIO con-
tends that a multiemployer unit of the employees of the six companies
who are members of the Wyoming Valley Throwsters Labor Com-
mittee,3 is appropriate. It stated, however, that if the Board should
find such a multiemployer unit to be inappropriate, then it agreed
that a single-employer unit is appropriate.
For reasons fully set out in our recent decisions in Franklin Throw-
ing Company, 101 NLRB 153, 101 NLRB 737, in which we discussed
in detail this multiemployer bargaining, we find a unit limited to the
employees of this Employer the appropriate unit.
We find that all production and maintenance employees at the
Employer's Wilkes-Barre, Pennsylvania, mill, excluding executives,
managers, superintendents, assistant superintendents, foremen, assist-
ant foremen, foreladies, assistant foreladies, chauffeurs, truckdrivers,
office clerical employees, professional employees, confidential employ-
ees, guards, and supervisors, constitute a unit appropriate for the
purposes of collective bargaining within the meaning of Section 9 (b)
of the Act.
[Text of Direction of Election omitted from publication in this
volume.]
2 General Motors Corporation, Detroit Transmission Division, 102 NLRB 1140; Bal-
lance Manufacturing Company, Inc., 97 NLRB 1019.
On May 1, 1951, the CIO and its Penn-Appalachian Joint Board entered into an agree-
ment with the Wyoming Valley Throwsters Labor Committee providing for a joint welfare
program, covering the employees of the six companies.
SOUTHEASTERN PIPE LINE COMPANY and OIL WORKERS INTERNATIONAL
UNION, CIO. Case No. 10-CA 1360. March 6, 1953
Decision and Order
On December 19, 1952, Trial Examiner Albert P. Wheatley issued
his Intermediate Report in the above-entitled proceeding, finding that
103 NLRB No. 38.
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