Pangborn Corp.

National Labor Relations Board - Board Decisions

Apr 30, 1941

31 N.L.R.B. 501 (N.L.R.B. 1941)

In the Matter Of PANGBORN CORPORATION and INTERNATIONAL ASSOCIA-
TION OF .MACHINISTS , (AFL.)
Case No. R-2478.-Decided April 30,1941
Jurisdiction : blast-cleaning and dust-collecting equipment manufacturing
industry.
Investigation and Certification of Representatives : existence of question: re-
fusal to accord union recognition 'until certified by the Board ; election
necessary.
Unit Appropriate for Collective Bargaining : all production and maintenance
.employees paid on an hourly or piece-work basis, excluding clerical workers,
draftsmen, engineers, and salaried employees ; no controversy as to.
Semmes; Bowen,, and,Semmmes, by Mr. William D. Macmillan, of
Baltimore , Md., for the Company.
Mr. James F. Poulton, of Hagerstown, Md., and Mr. Paul R.'
Hutchings, of Washington, D. C., for the Association.
Mr. Frederic B. Parkes, 2nd, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On March 12,1941, International Association of Machinists, (AFL),
herein called the I. A. M., filed with the Regional Director for the
Fifth Region (Baltimore, Maryland) a petition alleging that a ques-
tion affecting commerce had arisen concerning the representation of
employees of Pangborn Corporation, Hagerstown, Maryland, herein
called the Company, 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 April 3, .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.
31 N. L. R. B., No. 78. -
r 501'
502 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
On April 4 and 8, 1941, respectively, the Regional Director issued a
notice of hearing and a 'notice of postponement of hearing, copies
of which were duly served upon the Company and the I. A. M. Pur-
suant to notice a hearing was held on April 17, 1941, at Hagerstown,
Maryland, before Charles Y. Latimer, the Trial Examiner duly
designated by the Chief Trial Examiner. The Company and the
I. A. M. were represented by counsel or representatives and partici-
pated 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. During the course of the hearing the
,Trial Examiner made various rulings on objections to the-admission
of evidence. 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
I. THE BUSINESS OF THE COMPANY
Pangborn Corporation, a Maryland corporation, is engaged in the
manufacture and distribution of blast-cleaning and dust-collecting
equipment at its plant in Hagerstown, Maryland. Approximately
95 per cent of the raw materials, consisting px'incipally of sheet steel
and plate, hot and cold-rolled bars, structural shapes, pig iron, coke,
scrap iron, sateen cloth, galvanized hardware cloth, and lumber, are
obtained outside the State of Maryland. During the year ending
December 31, 1940, the Company manufactured finished products
valued at $3,206,979.33, of which-approximately 98 per cent were
sold and delivered outside the State of Maryland. The Company
employs approximately 644 employees.
II. THE ORGANIZATION INVOLVED
International Association of Machinists, affiliated with the Amer-
ican Federation of Labor, is a labor organization admitting to mem-
bership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On February 18,1941, the Company refused to recognize the I. A. M.
as the representative for collective bargaining purposes of the major-
ity of the Company's employees, until the I. A. M. should be certified
by the Board. On March 3, 1941, the Company declined to have the
question of representation determined by a comparison of member-
PANGBORN CORPORATION 503
ship cards against the Company pay roll. A statement of the
Regional Director, introduced in evidence at the hearing, shows that
the I. A. M. represents it substantial number of employees in the unit
found below to be appropriate.'
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 I. A. M. contends that all production and maintenance employ-
ees of the Company paid on an hourly or piece-work basis, excluding
clerical workers, draftsmen, engineers, and salaried employees, con-
stitute a unit, appropriate for the purposes of collective bargaining.
The Company takes no position as to the appropriate unit.
We find that all production and maintenance employees of the Com-
pany paid on an hourly or piece-work basis, excluding clerical workers,
draftsmen, engineers, and salaried employees, constitute a unit ap-
propriate for the purposes of collective bargaining and that such unit
will insure to employees of the Company 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, and we shall accordingly direct, an elec-
tion by secret ballot. The I. A. M. requests that the pay ' roll of
March 11, 1941, be used as a basis for determining eligibility to vote.
We find no reason, however, to depart from our usual practice. Ac-
cordingly, we shall direct that the employees of the Company eligible
to vote in the election shall be those in the appropriate unit who were
employed during the pay, roll period immediately preceding the date
1 The report of the Regional Director shows that of the 249 authorization cards, dated
between December 1940 and March 1941, filed by the I. A. M, 239 bear the names of per-
sona on the Company's pay roll of March 11 , 1941 There are approximately 400 employees
in the unit found below to be appropuate
504 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
of the Direction of Election herein, subject to such limitations and
additions as are set forth in the Direction.
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. A question affecting commerce has arisen concerning the - repre-
sentation of employees of Pangborn Corporation, Hagerstown, Mary-
land, within the meaning of Section 9 '(c) and Section 2 (6) and (7)
of'the National Labor Relations Act.
2. All production and maintenance employees of the Company paid
on an hourly or piece-work basis, excluding clerical workers, drafts-
men, engineers, and salaried employees, constitute a unit appropriate
for the purposes of collective bargaining, within the meaning of Sec-
tion 9 (b) 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 Rela-
tions 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 purpose of collective bargaining
with Pangborn Corporation, Hagerstown, Maryland, 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 Fifth 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 production and maintenance employees of the Company paid on an
hourly or piece-work basis, who were employed during the pay-roll
period immediately preceding the date of this Direction, 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, or temporarily laid off, but excluding clerical
workers, draftsmen, engineers, salaried employees, and 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, affiliated with the American Federation of Labor, for the
purposes of collective bargaining.