McGann Manufacturing Co.

National Labor Relations Board - Board Decisions

Aug 21, 1943

52 N.L.R.B. 55 (N.L.R.B. 1943)

In the Matter of MCGANN MANUFACTURING COMPANY and INTERNA-
TIONAL ASSOCIATION OF MACHINISTS
Case No. R-5788.Decided 'August 21, 1943
Mr. W. Burg AAnstine, of York, Pa., for the Company.'
Mr. E. C. Carlson, of Jamestown, N. Y., and Mr. R. Richard Eber-
sole , of York, Pa., for the I. A. M.
Miss Frances Lopinsky, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon amended petition duly filed by International Association of
Machinists, herein called the I. A. M., alleging that a question affecting
commerce had arisen concerning the representation of employees of
McGann Manufacturing Company, York, Pennsylvania, herein called
the Company, the National Labor Relations Board provided for an
appropriate hearing upon due notice before Robert H. Kleeb, Trial
Examiner. Said hearing was held at York, Pennsylvania, on August
3, 1943. The Company and the I. A. M. appeared and participated.'
All parties were afforded full opportunity to be heard, to examine and
cross-examine witnesses, and to introduce evidence bearing on the is-
sues. 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
McGann Manufacturing Company, a Pennsylvania corporation, was
engaged until recently in the manufacture of heavy machinery such as
cargo winches, traveling cranes, lime and hydrate plants, marine buoys,
special machinery, and chemical equipment. It is now engaged' almost
IInternational Molders & Foundry Workers Union, Local 53, A. F. of L., herein called
the Molders, was also served with notice but did not appear.
52 N. L. R. B., No. 12.
55
56 DEiCPSAONS OF NATIONAL LABOR RELATIONS BOARD
exclusively in the manufacture of cargo winches for ships under con-
tract with the United States Maritime Commission. The Company
receives partly finished products front many subcontractors located out-
side the State of Peimsylvania.and finishes and assembles them at its
York plant. In 1942, 95. percent of its products, valued at approxi-
mately $1,125,000, was shipped in interstate and foreign commerce.
The Company admits that it is engaged in commerce within the mean-
ing of the Act.
II. THE ORGANIZATION IN\OLVED
International Association of Machinists is a labor organization ad-
mitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On June 3, 1943, an I. A. M. representative requested an audience
with the Company's president to present the Union's demands for
recognition. The audience was never granted.
A statement of the Regional Director introduced into evidence indi-
Lcates that the I. A. M. represents a substantial number of employees in
the unit herein found 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
The I. A. M. petitioned for a unit composed of all maintenance and
production employees of the Company, excluding supervisory, office
and clerical employees, pattern makers, foundry employees and guards.
The Company contends that pattern 1lnakers' and foundry employees
should be included in the unit because the plant is small, and the work
of all departments is closely interrelated.
Although all departments of the plant are under one roof, and there
is sometimes an interchange of helpers (but not of skilled employees)
between the foundry and other departments, it is clear that the foundry
is a separate and distinct department. The I. A. M. in accordance with
its usual practice, did not attempt to organize the foundry employees
but encouraged them to join the Molders Union 3 which is conducting
2 The I. A. M. submitted to the Regional Director 102 authorization cards, all dated
In, May 1943 . Sixty-two, ,of, these bore ,, apparently , genuine, , original; signatures .,wbich
correspond with names contained in the Company 's-July 27,, 1943, paỳ roll which' contains
114 names in the appropriate unit.
e The I. A. M. withdrew from the A . F. of L . May 31, 1943, after its membership drive
had begun in conjunction with the Molders in the McGann , plant. The I A M. retains
'its,affiliation with the Metal Trades Council and so its withdrawal from the A F of L.
did not negate its jurisdictional agreements with the Molders There are 52 foundry
employees listed in the Company 's August 3 , 1943, pay roll
McGANN MANUFACTURING COMPANY 57
a membership drive among them. The jurisdiction of the two unions
is well defined and governed by agreements between themselves which
make for harmonious labor relations in plants where they represent
their respective crafts. We shall, therefore, exclude foundry employ-
ees from the unit .4
There is only one pattern maker employed by the Company. He is
at present engaged in repairing and correcting patterns. He is listed
by the Company in its pay roll as a foundry employee. As he is
closely allied with the foundry, we shall exclude him from the unit.
The pattern maker is assisted by a carpenter and two maintenance
men. The carpenter spends 95 percent of his time in the foundry.
The two maintenance men are subject to call to do odd jobs all over
the plant, but apparently have headquarters with the pattern maker.
We shall exclude the pattern maker's assistant from the unit.
We find that all maintenance and production employees of the Com-
pany at its York, Pennsylvania, plant, excluding office and clerical
employees, guards, the pattern maker and his assistants, the carpenter
and all other foundry employees; and all 's'upervisory 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.
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among the employ-
ees in the appropriate unit who were employed during the pay-roll
period immediately preceding the date of the Direction of Election
herein, subject to the limitations and additions set forth in the Direc-
tion..
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 the National Labor Relations
Board Rules and Regulations-Series 2, as amended, it is hereby
DntEcTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with McGann Manufac-
turing Company, York, Pennsylvania, an election by. secret ballot shall
be coriducted`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
4 See Matter of The Hutchinson Foundry & Steel Company, 43 N. L . R. B. 280 ; Matter
of Columbian Bronze Corporation, 39 N. L . R. B. 156.
58 DECTSSONS OF NtATIONAtL LABOR RELMflONIS BOARD
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, including employees who did not work during said 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 those employees
who have since quit or been discharged for cause, to determine whether
or not they desire to be represented by International Association of
Machinists, for the purposes of collective bargaining.
• CHAn MAN Maus took no part in the consideration of the above
Decision and Direction of Election.
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