National Erie Corp.

National Labor Relations Board - Board Decisions

Jan 28, 1942

38 N.L.R.B. 638 (N.L.R.B. 1942)

In the Matter of NATIONAL ERIE CORPORATION and PATTERN MAKERS
LEAGUE OF NORTH AMERICA, AFFILIATED WITH THE A. F. OF L.
Case No. R-3347.-Decided January 28, 1942
Jurisdiction : steel castings and pattern manufacturing industry.
Investigation and Certification of Representatives : existence of question. re-
fusal to accord union recognition until certified by the Board ; dispute as to
appropriate unit; name of union which sought an industrial unit, but which
does not desire to participate in election among employees in the craft involved,
not to appear on the ballot unless it so requests within five days ; election
necessary.
Unit Appropriate for Collective Bargaining : election directed among pattern
makers and pattern-maker apprentices to determine whether or not they
desire to constitute a separate unit or to be merged with other production
and maintenance employees, either of which group would be appropriate
where among other circumstances contract with industrial union covering all
production and maintenance employees permits Company to bargain with
another union for the pattern makers until question determined by the Board.
Brooks, Curtze cC Silin, by Mr. I. J. Silivn, of Erie, Pa., for the
Company.
Mr. C. D. Madigan, of Cleveland, Ohio, and Mr. Richard Lichten-
walter, of Erie, Pa., for the League.
Mr. Benjamin C. Sigal, of Pittsburgh, Pa., and Mr. Paul Nunes, of
Erie, Pa., for the S. W. O. C.
Mr. Milton A. Kallis, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On October 25, 1941, the Pattern Makers League of North America,
affiliated with the American Federation of Labor, herein called the
League, filed with the Regional Director for the Sixth Region (Pitts-
burgh, Pennsylvania) a petition alleging that a question affecting
commerce had arisen concerning the representation of employees of
National Erie Corporation, herein called the Company, and requesting
an investigation and certification of representatives pursuant to See-
38 N. L. R. B., No. 127.
638
NATIONAL ERIE CORPORATION 639
tion 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein
called the Act. On November 17, 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 November 21, 1941, the Regional Director issued a notice of
hearing, copies of which were duly served upon the Company, upon
the League, and upon Steel Workers Organizing Committee, affiliated
with the Congress of Industrial Organizations, herein called the
S. W. O. C., a labor organization alleged to represent employees di-
rectly affected by the investigation.- Pursuant to notice, a hearing
was held on December 1 and 2, 1941, at Erie, Pennsylvania, before.
Harry Brownstein, the Trial Examiner duly designated by the Chief
Trial Examiner. The Company, the League, and the S. W. O. C.
were represented by counsel and participated in the hearing. Full
opportunity to be heard, to examine and cross-examine witnesses,
and to introduce evidence bearing on the issues was afforded all
parties. The League moved to amend the petition relative to the unit
appropriate for the purposes of collective bargaining.' The Trial
Examiner referred this motion to the Board. This motion is hereby
granted. 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 Exam-
iner 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 CODIPANY
National Erie Corporation is a Pennsylvania corporation with its
office and plant in Erie, Pennsylvania. It is engaged in the manu-
facture of steel castings, machinery gears, hydraulic machinery, gen-
eral machine parts, and patterns. During 1940 approximately 35
percent of the Company's raw materials, valued at more than $250,000,
were obtained from sources outside the State of Pennsylvania and
approximately 60 percent of the finished products, valued at more
than $1,000,000, were shipped to points outside the State of Pennsyl-
'The petition otiginally included "wood and metal pattern makers and pattern makers'
apprentices, and pattern makers employed as casting inspectors, core checkers, etc." As
amended it sets forth a unit "for all wood and metal pattern makers and pattern makers'
apprentices "
640 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
vania. The Company admits that it is engaged in commerce within
the meaning of the Act.
if. THE ORGANIZATIONS INVOLVED
Pattern Makers League of North America is a labor organization
affiliated with the American Federation of Labor.
Steel Workers Organizing Committee is a labor organization affil-
iated with the Congress of Industrial Organizations.
Both organizations admit to membership employees of the Company.,
III. THE QUESTION CONCERNING REPRESENTATION
On August 4, 1941, the League informed the Company that it rep-
resented a majority of the employees in the Company's pattern shop
for the purposes of collective bargaining. The Company refused to
recognize the League unless and until it is certified by the Board.;
A statement of the Regional Director introduced in evidence at the
hearing shows that the League represents a substantial number of
employees in the alleged appropriate unit.2
We find that a question has arisen concerning the representation of
employees of the Company.
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 Company
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 burdening and obstructing commerce
and the free flow of commerce.
V. THE APPROPRIATE UNIT
The League urges that the pattern makers and pattern-maker ap-
prentices constitute an appropriate unit. The S. W. O. C. contends
that these employees belong with the other production and maintenance
employees in a plant-wide unit. The Company takes no position with
respect to the appropriate unit.
The plant consists of three distinct, although interrelated, depart-
ments : the pattern shop, the foundries, and the machine shop. The
work in each department involves a distinctive skill. Employees do
not normally transfer from one department to another.
2 It states that the League submitted 21 application cards dated as follows . 7 in November
1940, 10 in October 1941 , and 3 in November 1941 It states further that all the signatures
appear to be genuine and that 18 are the names of persons included among the 21 pattern
makers and their apprentices on the pay roll on October 29, 1941.
NATIONAL ERIE CORPORATION 641
In March and April 1937, there were approximately nine pattern
makers working for the Company and a majority signified their inten-
tion of joining the League. A few months later, the organizer for
the League was transferred away from Erie. The Company's pattern
makers, who had joined, ceased paying dues and accordingly were
suspended from the League. From about the middle of 1937 to Octo-
ber 1940, the League made no effort to bargain in behalf of the pattern
makers. The pattern makers themselves, however, have customarily
appointed a committee of their own to deal with the Company con-
cerning wages, grievances, and other matters. Thus, in 1940 and again
in 1941 a committee of the pattern makers negotiated several increases
for pattern makers.
Since the spring of 1937 the S. W. O. C. has at all times had at
least one pattern maker among its members. The S. W. O. C. has
bargained with the Company for pattern makers in combination with
the other production and maintenance employees.3 Thus, in 1938 and
1939 the S. W. O. C. successfully resisted the Company's plan to bring
about a wage reduction which would have affected the employees in
its three departments. On September 10, 1940, and again on October
15, 1941, the Company entered into contracts with the S. W. O. C.,
giving it exclusive recognition as representative of "all production
and maintenance, employees employed in the Company's manufactur-
ing facilities at Erie, Pennsylvania." 4 I. J. Silin, vice-president,
secretary, director, and counsel of the Company, testified that by these
contracts the S. W. O. C. became the exclusive representative of the
pattern makers, subject to the provision quoted below. These con-
tracts, however, although mentioning other categories of employees,
do not specifically mention the pattern makers, except for the following
provision in the second contract:
The Union agrees that the Company may bargain collectively
and agree with another union for its pattern-maker employees
until the rights of the undersigned Union to represent the pat-
tern makers is determined finally by the National Labor Rela-
tions Board. This shall not prejudice the claim of the under-
8 The record discloses the following agreements, which do not involve either the League
or the S W 0 C : separate agreements dated May 22, 1937, between the Company and two
labor oiganizations not here involved; one affiliated with the American Federation of
Labor and the other an unaffiliated labor organization , covering employees in the foundry ,
two agreements between the Company and the unaffiliated labor organization not here
involved, dated December 20, 1937, and June 9, 1938, respectively, covering pattern
makers along with other employees
The record also discloses two members-only agreements between the Company and the
S W 0 C, dated June 7, 1937, and March 8, 1939, respectively, covering employees in the
"Steel Manufacturing Plant" and employees in the Company 's "manufacturing facilities
The precise scope of the quoted units is not clear
' The latter contract also provided that new employees must become members of the
S. w. 0 C
438861-42-vol. 38 42
642 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
signed union that the pattern makers do not constitute an
appropriate unit under the N. L. It. A. for collective bargaining
and its claim that it is entitled to represent the pattern makers.
Upon this record, we are unable to determine whether or not the
pattern makers were included in the unit covered by the 1940 and
1941 contracts. Furthermore, the 1941 contract expressly leaves open
the issue whether pattern makers should properly constitute a
separate unit or be merged with the other production and main-
tenance employees. Under these circumstances and upon the entire
record, we find that the pattern makers and pattern-maker ap-
prentices might properly be considered either as a separate unit or
as part of the plant-wide unit.' Under such circumstances, we apply
the principle that the determining factor is, the desires of the pattern
makers and pattern-maker apprentices." We shall therefore direct an
election among these employees in order that we may ascertain their
wishes.
VI. THE DETERMINATION OF REPRESENTATIVES
We find that the question which has arisen concerning representa-
tion can best be resolved by, and we shall accordingly direct, an
election by secret ballot among the pattern makers and pattern-
maker apprentices 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 Direction.
Counsel for the S. W. O. C. stated at the hearing that its "present
attitude" was that it did not wish to participate in the election; and
that should its position change, it would so notify the Board prior
to the Board's "decision." We have not been advised that the S. W.
O. C. has changed its position. We shall therefore omit its name from
our Direction of Election. The Regional Director is hereby directed,
however, to place the name of the S. W. O. C. on the ballot, if the
S. W. O. C. requests such action of the Regional Director within
five (5) days from receipt of this Decision and Direction of Election.
On the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following :
e Cf Matter of the B. F. Goodrich Company and Pattern Makers League of North
America (A. F. of L.), 16 N. L R. B. 165; Matter of United States Pipe & Foundry Com-
pany and Steel Workers Organizing Committee, 19 N L R B 1016; Matter of Walworth
Company and Pattern Makers League of North America (A. F of L ), 20 N L. R B. 864;
and Matter of The Maryland Dry Dock Company and Baltimore Assn Pattern Makers,
Pattern Makers ' League of North America, 23 N L It. B 917.
"Matter of The Globe Machine and Stamping Co. and Metal Polishers Union, No . 3, etc,
3 N L. R B 294, and subsequent cases
NATIONAL ERIE CORPORATION
CONCLUSION OF LAW
643
A question affecting commerce has arisen concerning the represen-
tation of employees of National Erie Corporation, Erie, Pennsylva-
nia, within the meaning of Section 9 (c) and Section 2 (6) and (7)
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
Relations Act, 49 Stat. 449, 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 National Erie Corporation, Erie, Pennsylvania, an
election by secret ballot shall be conducted as early as possible, but
not later than thirty (30) days from the date of this Direction of
Election, under the direction and supervision of the Regional
Director for the Sixth 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 all pattern makers and pat-
tern-maker apprentices employed by said Company during the pay-
roll period immediately preceding the date of this Direction of
Election, 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 training of the United States, and employees who were
then or have since been temporarily laid off, but excluding em-
ployees who have since quit or been discharged for cause, to de-
termine whether or not they desire to be represented by Pattern
Makers League of North America, affiliated with the American
Federation of Labor.