Niagara Blower Co.

National Labor Relations Board - Board Decisions

Nov 22, 1943

53 N.L.R.B. 807 (N.L.R.B. 1943)

Iil the Matter of NIAGARA BLOWER COMPANY and INTERNATIONAL
ASSOCIATION OF BRIDGE , STRUCTURAL AND ORNAMENTAL IRON
WORKERS, LOCAL 576
Case No. 3-R-677.Decided November 22, 1943
Messrs. Kenefick, Cooke, Mitchell, Bass c6 Letchworth,, by L. F.
Kirk, of Buffalo, N. Y., for the Company.
4r. George E. LYZintzer, of Snyder, N. Y., for the Union.
Miss 0live'N. Barton, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by International Association of Bridge,
Structural and Ornamental Iron Workers, Local 576, herein called
the Union; alleging that a question affecting commerce had arisen
concerning the representation of employees of Niagara Blower Com-
pany, Buffalo, New York, herein called the Company, the National
Labor Relations Board, provided for an appropriate hearing upon
due notice before Peter J. Crotty, Trial Examiner. Said hearing was
held at Buffalo, New York, on October 28, 1943. The Company and
the Union 1 appeared, participated and were afforded full oppor-
tunity to be heard, to examine and, cross- examine witnesses, and to
introduce evidence bearing on the issues. The Trial Examiner's rul-
ings. 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
•I. THE BUSINESS OF THE COMPANY
Niagara Blower Company, a New York Corporation, is engaged
at its only plant in Buffalo, New York, in the manufacture of special,
The American Federation of Labor, also served with notice, did not appear.
53 N. L. R B, No. 148
807
808 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
custom built, industrial heating and cooling equipment for precision
air-conditioning requirements in industry. During the 3 months
preceding the hearing, about $60,000 worth of raw materials was
shipped to the plant- from points outside the State of New York.
During the same period, about $200,000 worth of finished products was
sold and shipped from the plant to points outside the State of New
York. i '
The Company admits, for the purposes of this proceeding, that it
is engaged in commerce within the meaning of the National Labor
Relations Act.
II. THE ORGANIZATION INVOLVED
International Association of Bridge, Structural and Ornamental
Iron Workers, Local 576, is a labor organization admitting to member-
ship employees of the Company'2
III. THE QUESTION CONCERNING REPRESENTATION
On September 28, 1943, the Union, claiming to represent a ma-
jority, requested the Company to enter into collective bargaining
relations with it on behalf of certain employees in the Company's
plant. At a conference on October 1, 1943, the Company refused,
pending Board certification.
A statement of the Field Examiner, introduced in evidence at the
hearing, indicates that the Union represents a substantial number
of employees within the unit herein found appropriate.3
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company, within the mean-
ing of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
The parties mainly agree as to the appropriate unit. The only
question is as to the 9 working foremen who supervise from 2 or 3
to 18 men each, laying out the work, telling the employees the order
in which to perform it, and generally directing the performance of
the work. The Union contends that these 9 men should be included
in the bargaining unit, and the Company, while not taking a decided
stand, points out that since their duties are supervisory they should
be excluded. The evidence shows, and we find, that these 9 working
= The United Steel Workers of America ( CIO) had on April 12, 1937 , negotiated a con-
tract with the Company , which was never administered . The Union became inactive
Immediately after the contract was drawn. At the hearing the Trial Examiner stated for
the record that the United Steelworkers Informed the Board 's Field Examiner before the
hearing that it had no interest in the present proceeding.
8 The Field Examiner reported that the Union submitted 39 applications for member-
ship, of which 38 have apparently genuine original signatures corresponding with names
on the Company's pay roll of'September 29, 1943, which pay roll contains the names of
61 persons in the alleged appropriate unit. Three of the cards are undated , and 35 are
dated September 1943.
NIAGARA BLOWER COMPANY 809
foremen have authority effectively to recommend hiring, discharge,
and changes in status, such as raises in pay, of the men under them.
We find,, therefore, that they are supervisory employees and should
be excluded from the unit.
Accordingly, we find that all production and maintenance employees
of the Company, excluding office and clerical employees, watchmen,
plant-protection guards, working foremen, and any other supervisory
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 the pur-
poses of 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 em-
ployees 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
Direction.
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 National Labor Relations
Board Rules and Regulations-Series 2, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Niagara Blower
Company, Buffalo, New York, 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, under the direction and supervision
of the Regional Director for the Third Region, acting in this matter
as agent for the National Labor Relations Board, and subject to Article
III, Sections 10 and 11, 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 tem-
porarily laid off, and including employees in the armed forces of the
United States who present themselves in person at the polls, but ex-
cluding those employees who have since quit or been discharged for
cause and have not been rehired or reinstated prior to the date of the
election, to determine whether or not they desire to be represented
by International Association of Bridge, Structural and Ornamental
Iron Workers, Local 576, for the purposes of collective bargaining.