Metal Covered Door & Window Manufacturers Association, et al.

National Labor Relations Board - Board Decisions

Jun 11, 1941

32 N.L.R.B. 586 (N.L.R.B. 1941)

In the Matter of METAL COVERED DOOR & WINDOW MANUFACTURERS
ASSOCIATION, ET AL. and UNITED CONSTRUCTION WORKERS, AFFILIATED
WITH THE C. I. O.
Case No. R4619.-Decided June 11, 1941
Jurisdiction : steel door manufacturing industry.
Investigation and Certification of Representatives : existence of question: em-
ployer association refused to accord recognition to union until it is certified
by the Board; elections necessary.
Units Appropriate for Collective Bargaining : (1) all production and mainte-
nance workers employed by an employer association and its members with
- specified exclusions; stipulation as to-(2) chauffeurs and chauffeurs' helpers
employed by an employer association and its members ; stipulation as to.
Mr. Hiram S. Hall, of Long Island City, N. Y., for the Association
and the Companies.
Mr. Harry Friedson, of New York City, for the Construction
Workers.
Mr. Samuel Cohen, of New York City, for Local 28.
Mr. Moe Rosen, of New York City, for Local 137.
Breed, Abbott d Morgan, by Mr. Thomas E. Kerwin, of New York
City, for the Council.
Mr. Frederic B. Parkes, 2nd, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
On May 14 and 31, 1941, respectively, United Construction Work-
ers, affiliated with the C. I. 0., herein called the Construction
Workers, filed with the Regional Director for the Second Region
(New York City) a petition and an amended petition' alleging
that a question affecting commerce had arisen concerning the repre-
sentation of employees of Metal Covered Door & Window Manu-
facturers Association, New York City, herein called the Association,
and its members, General Fireproof Door Corporation, New York
City; Biltwell Steel Products Corp., Brooklyn, New York; Superior
Fireproof Door & Sash Company, Inc., New York City; World Steel
1 At the hearing the petition was amended to include the names of all companies.
32 N. L. R. B., No. 110.
586
METAL COVERED DOOR & WINDOW MITGES. 587
Products. Corporation, New York City; Atlantic Metal Products,
Inc., Long Island City, New York; Williamsburg Fire Proof Prod-
ucts Corporation, Brooklyn, New York; City Steel Door Corporation,
New York- City ; Triangle Steel Products Corp., Brooklyn, New
York; Superior Steel Door Trim Co., Inc., Corona, New York; Acme
Steel Partition Co., Inc., New York City; and American Steel Buck
Corporation, Brooklyn, New York; herein - called the Companies,
and requesting an investigation and certification of representatives,
pursuant to Section 9 (c) - of the National Labor Relations Act, 49
Stat. 449, herein called the Act. On May 29, 1941, 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 Regulations-Series 2, as amended,
ordered an investigation' and authorized the Regional Director to
conduct it and to provide for an appropriate hearing upon due notice.
On May 31, 1941, the Regional Director issued a notice of hearing,
copies of which were duly served upon the Association, the Com-
panies ,'2 the Construction Workers, and upon Sheet Metal Work-
ers International Association, Local No. 137, herein called Local
137;. Sheet Metal Workers International Association, Local 28,
herein called Local 28; District Council of New York and Vicinity
of the United Brotherhood of Carpenters and Joiners of America,
A. F. of L., herein called the Council; International Brotherhood of
Teamsters-and Chauffeurs, Local 282, A. F. of L., herein called Local
282;3 and International Brotherhood of Teamsters and Chauffeurs,
Local 807, herein called Local 807, labor organizations claiming to
represent employees directly affected by the investigation. - Pursuant
to notice, a hearing was held on June 4, 1941, before R. N. Denham,
the Trial Examiner duly designated by the Chief Trial Examiner.
The Association, the Companies '4 the Construction Workers, Local
28, Local 137,5 and the Council were represented by counsel or offi-
cial representatives and participated in the hearing.6 Full op-
portunity 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 various
rulings on motions and on objections to the- admission of evidence.
2 All the Companies were served with notice of hearing except American Steel Buck
Corporation , which waived such notice at the hearing
Local 282 did not appear at the hearing
* Superior Steel Door Trim Co. Inc ., did not appear at the hearing . It is not a member
of the Association.
5 Originally , Local 137 had jurisdiction over the production and maintenance employees
of the Companies. However, such employees have recently been transferred to Local 28
which now has exclusive jurisdiction over them
9 Although Local 807 entered an appearance at the outset of the hearing , it later with-
drew such appearance for the reason that it did not represent any employees of the Com-
panies within the appropriate units.
588 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The Board has reviewed the rulings of the Trial Examiner 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
1. THE BUSINESS OF THE COMPANIES
Metal Covered Door & Window Manufacturers Association is an
association of employers engaged in the manufacture of steel doors
and bucks. The employer members of the Association are all parties
to this proceeding. The Association acts on behalf of its members
with respect to their labor relations. We find that the Association
is an employer within the meaning of Section 2 (2) of the Act. The
business operations of the members of the Association are set forth
below.
General Fire-Proof Door Corporation, a New York corporation,
is engaged in the manufacture of fireproof doors and steel bucks
at its plant in New York City. From December 1, 1940, to May
31, 1941, the value of the materials purchased by and shipped to the
Company from points outside the State of New York amounted to
more than $25,000 and constituted more than 50 per cent of the mate-
rials purchased by the Company during that period. From Decem-
ber 1, 1940, to May 31, 1941, the manufactured products sold and
shipped by the Company to points outside the State of New York
were valued at more than $47 and constituted less than 1 per cent
of the total volume of the Company's sales for that period.
Biltwell Steel Products Corporation, a New York corporation, is
engaged in the manufacture of steel door frames at its plant in
Brooklyn, New York. From December 1, 1940, to May 31, 1941,
the value of the materials purchased by and shipped to the Com-
pany from points outside the State of New York amounted to more
than $20,000 and constituted more than 75 per cent of the materials
purchased by the Company during that period. From December
1, 1940, to May 31, 1941, the manufactured products sold and shipped
by the Company to points outside the State of New York were
`valued at more than $15,000 and constituted more than 60 per cent
of the total volume of the Company's sales for that period.
Superior Fireproof Door & Sash Company, Inc., a New York
corporation, is engaged in the manufacture of hollow metal doors
and steel frames at its plant in New York City. From December
1, 1940, to May 31, 1941, the value of the materials purchased by
and shipped to the Company from points outside the State of New
York amounted to more than $25,000 and constituted approximately
'_`. OPAL COVERED DOOR & WINDOW MTGRS. 589
100 per cent of the total amount of the materials purchased by the
Company during that period. From December 1, 1940, to May
31, 1941, the manufactured products sold and shipped by the Com-
pany to points outside the State of New York were valued at more
than $10,000 and constituted more than 50 per cent of the total
volume of the Company's sales for that period.
World Steel Products Corporation, a New York corporation, is
engaged in the manufacture of metal covered doors and frames at
its plant in New York City. From December 1, 1940, to May 31,
1941, the value of the materials purchased by and shipped to the
Company from points outside the State of New York amounted to
more than $70,000 and constituted approximately 90 per cent of the
total volume of the materials purchased by the Company during
that period. From December 1, 1940, to May 31, 1941, the manu-
factured products sold and shipped by the Company to points out-
side the State of New York were valued at more than $55,000 and
constituted more than 20 per cent of the total volume of the Com-
pany's sales for that period.
Atlantic Metal Products, Inc., a New York corporation, is en-
gaged in the manufacture of hollow steel doors and frames at its
plant in Long Island City, New York. From December 1, 1940,
to May 31, 1941, the value of the materials purchased by and shipped
to the Company from points outside the State of New York
amounted to more than $65,000 and constituted more than 50 per
cent of the total volume of the materials purchased by the Company
during that period. From December 1, 1940, to May 31, 1941, the
manufactured products sold and shipped by the Company to points
outside the State of- New York were valued at more than $131,000
and constitute more than 30 per cent of the total volume of the
Company's sales for that period.
Williamsburg Fire Proof Products Corporation, a New York cor-
poration, is engaged in the manufacture of Kalamein doors, Kalamein
frames, steel bucks, and steel doors at its plant in Brooklyn, New
York. From December 1, 1940, to May 31, 1941, the value of the
,materials purchased by and shipped to the Company from points
outside the State of New York amounted to more than $79,000 and
constituted approximately 67 per cent of the total volume of the
materials purchased by the Company during that period. From De-
cember 1, 1940, to May 31, 1941, the manufactured products sold
and shipped by the Company to points outside the State of New
York were valued at more than $1,400 and constituted less than 1
per cent of the total volume of the Company's sales for that period.
City Steel Door Corporation, a New York corporation, is engaged
in the manufacture of Kalamein doors, hollow metal doors, and
590 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
steel bucks at its plant in New York City. From December 1, 1940,
to May 31, 1941, the value of the materials purchased by and shipped
to the Company from points outside the State of New York amounted
to more than $3,000 and constituted more than 75 per cent of the
materials purchased by the Company during that period. From
December 1, 1940, to May 31, 1941, the manufactured products sold
and shipped by the Company to points outside the State of New
York were valued at more than $2,000 and constituted less than 1
per cent of the total volume of the Company's sales for that period.
Triangle Steel Products Corp., a New York corporation, is en-
gaged in the manufacture of hollow metal and metal-clad doors and
frames at its plant in Brooklyn, New York. From December 1,
1940, to May 31, 1941, the value of the materials purchased by and
shipped to the Company from points outside the State of New York
amounted to more than $25,000 and constituted more than 90 per
cent of the, total volume of the materials purchased by the Company
during that period. From December 1, 1940, to May 31, 1941, the
manufactured products sold and shipped by the Company to points
outside the State of New York were. valued at more than $10,000
and constituted more than 40 per cent of the total volume of the
Company's sales for that period.
Acme Steel Partition Co., Inc., a New York Corporation, is ' en-
gaged in the manufacture of steel partitions, steel shelving, fireproof
doors, jambs, and trim, and metal bucks at its plant in New York
City. From December 1, 1940, to May 31, 1941, the value of the
materials purchased by and shipped to the Company- from points
outside the State of New York amounted to more than $10,000 'and
constituted approximately 99 per cent of the total volume of the
materials purchased by the Company during that period. From De-
cember 1, 1940, to May 31, 1941, the manufactured products sold
and shipped by the Company to points outside the State of New
York were valued at more than $2,800 and constituted less than 1
per cent of the total volume of the Company's sales for that period.
American Steel Buck Corporation is a New York corporation, hav-
ing its plant in Brooklyn, New York. From December 1, 1940, to
May 31, 1941, the value of the materials purchased by and shipped
to the Company from points outside the State of New York
amounted to more than $30,000 and constituted 75 per cent of the
total volume of the materials purchased by the Company during that
period. From December 1, 1940, to May 31, 1941, the manufactured
products sold and shipped by the Company to points outside the
State of New York were valued at more than $6,900 and constituted
approximately 8.3 per cent of the total volume of the Company's
sales for that period.
METAL COVERED DOOR & W'INbOW MFGRiSi. 591
The Association and its members stipulated that they were en-
gaged in commerce within the meaning of Section 2 (6) of the Act
and further agreed that they would not contest the jurisdiction of
the Board in this proceeding. The Association and its members
employ approximately 600 employees.
II. THE ORGANIZATIONS INVOLVED
United Construction Workers is a labor organization affiliated
with the Congress of Industrial Organizations, admitting to member-
ship employees of the Association and its members.
Sheet Metal Workers International Association, Local No. 28, is
a labor organization affiliated with the American Federation of La-
bor, admitting to membership employees of the Association and
its members.
District Council of New York and Vicinity of the United Brother-
hood of Carpenters and Joiners of America is a labor organization
affiliated with the American Federation of Labor, admitting to
membership employees of the Association and its members.
III. THE QUESTION CONCERNING REPRESENTATION
The Construction Workers requested the Association to recognize
it as the exclusive bargaining representative of employees of the
Association and its member units. The Association refused to grant
such recognition until the Construction Workers should be certified
by the Board. At the hearing the Association, the Companies, Lo-
cal 28, the Construction Workers, and the Council stipulated that
Local 28, the Construction Workers, and the Council represent a
substantial number of employees of the Companies in the unit
of production and maintenance employees found below to be
appropriate.
We find that a question has arisen concerning the representation
9f employees of the Association and its members.
IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON
COMMERCE
We find that the question concerning representation which has
arisen, occurring in connection with the operations of the Associa-
tion and its members described in Section I, above, has a close,
intimate, and substantial relation to trade, traffic, and commerce
among the several States and tends to lead to labor disputes burden-
ing and obstructing commerce and the free flow of commerce.
592 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
V. THE APPROPRIATE UNITS
The Association, the Companies, the Construction Workers, Local
28, and the Council stipulated at the hearing, and we find, that all
production and maintenance workers employed by the Association
and its members in the manufacture of doors, bucks, windows, and
allied products, excluding architects, engineers, technicians, clerical
workers, draftsmen, supervisory employees, chauffeurs, chauffeurs'
helpers, shipping clerks, carpenters and sheet metal workers en-
gaged in the manufacture of Kalamein units, workers engaged in
outside construction and installation of separate unit products, and
all employees engaged in the installation of separate unit accessories
on any of the said products, constitute a unit appropriate for the
purposes of collective bargaining.
The Association, the Companies, the Construction Workers, Local
28, and the Council also stipulated at the hearing, and we find, that
all chauffeurs and chauffeurs' helpers employed by the Association
and its members constitute a unit appropriate for the purposes of
collective bargaining.
We further find that these units will insure to employees of the
Association and its members the full benefit of their 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 which has arisen concerning representa-
tion can best be resolved by means of elections by secret ballot. The
Association, the Companies, the Construction Workers, Local 28, and
the Council urged that the pay roll immediately preceding May 13,
1941, be used as a basis for determining eligibility to vote. We shall-
grant the request of the parties and shall direct that the employees
of the Association and its members eligible to vote in the elections
shall be those in the appropriate units who were employed during
the pay-roll period immediately preceding May 13, 1941, subject to
such limitations and additions as are set forth in the Direction of
Elections herein.
The three labor organizations also stipulated at the hearing that
if the Board should direct an election in the unit of production and
maintenance employees the labor organizations should be designated
on the ballot as "C. I. 0., A. F. of L., or neither." The labor or-
ganizations further stipulated that if the American Federation of
Labor wins the election, it shall be certified by the Board as the
Joint American Federation of Labor Building Trades Committee
for the organization of the whole metal door and buck workers in
METAL COVERED DOOR & WINDOW MFGR.S'. - 593
the City of New York, and that if the Congress of Industrial Or-
ganizations wins the election, it shall be certified by the Board as
the United Construction Workers, affiliated with the Congress of
Industrial Organizations. From the foregoing stipulations it is ap-
parent that there is no jurisdictional dispute as to the representation
of the production and maintenance employees of the Companies be-
tween the two labor organizations which are affiliates of the American
Federation of Labor. We shall be guided by the desires of the
labor organizations in our Direction of Elections herein and our
subsequent Certification of Representatives.
Neither Local 28 nor the Council desire to be designated on the
ballot in the election for the unit consisting of chauffeurs and chauf-
feurs' helpers. The Construction Workers desire to be designated
on the ballot as "C. I. 0." We shall grant its request.
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. Metal Covered Door & Window Manufacturers Association and
its members are severally employers within the meaning of Section
2 (2) of the Act.
2. A question affecting commerce has arisen concerning the repre-
sentation of employees of Metal Covered Door & Window Manu-
facturers Association, New York City, and its members, within the
meaning of Section 9 (c) and Section 2 (6) and (7) of the Act.
3. All production and maintenance workers employed by the As-
sociation and its members in the manufacture of doors, bucks,
windows, and allied products, excluding architects, engineers, tech-
nicians, clerical workers, draftsmen, supervisory employees, chauf-
feurs, chauffeurs' helpers, shipping clerks, carpenters and sheet metal
workers engaged in the manufacture of Kalamein units, workers en-
gaged in outside construction and installation of any of the manu-
factured products, and all employees engaged in the installation of
separate unit accessories on any of the said products, constitute a
unit appropriate for the purposes of collective bargaining within the
meaning of Section 9 (b) of the Act.
4. All chauffeurs and chauffeurs' helpers employed by the Asso-
ciation and its members constitute a unit appropriate for the pur-
poses of collective bargaining within the meaning of Section 9 (b)
of the Act.
DIRECTION OF ELECTIONS
By virtue of and pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) of the National Labor Rela-
594 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 determine representatives for the purposes of collective bar-
gaining with Metal Covered Door & Window Manufacturers Asso-
ciation, New York City, and its members, elections by secret ballot
shall be conducted as soon 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 Second Region, acting in
this matter as agent for the National Labor Relations Board, and
subject to Article III, Section 9, of said Rules and Regulations,
among employees in each of, the following described groups who
were employed by the Association and any of its members during
the pay-roll period immediately preceding May 13, 1941, including
employees who did not work during such pay-roll period because
they were ill or on vacation or in the active military service or train-
ing of the United States, or temporarily laid off, but excluding any
employees who have since quit or been discharged for cause :
(1) Among all production and maintenance workers employed in
the manufacture of doors, bucks, windows, and allied products, ex-
cluding architects, engineers, technicians, clerical workers, draftsmen,
supervisory employees, chauffeurs, chauffeurs' helpers, shipping
clerks, carpenters and sheet-metal workers engaged in the manufac-
ture of Kalamein units, workers engaged in outside construction and
installation of any of the manufactured products, and all employees
engaged in the installation of separate unit accessories on any of the
said products, to determine whether they desire to be represented
by C. I.. 0., or by A. F. of L., for the purposes of collective bar-
gaining, or by neither; and
(2) Among all chauffeurs and chauffeurs' helpers to determine
whether or not they desire to be represented by C. I. 0. for the
purposes of collective bargaining.