Pangborn Corp.

National Labor Relations Board - Board Decisions

Oct 25, 1943

53 N.L.R.B. 79 (N.L.R.B. 1943)

In the Matter Of PANGBORN CORPORATION and U. A. W.-C. I. O.
Case No. 5-R-1367.-Decided October 25, 1943
Mr. Douglas L. Hatch, of Washington, D. C., and Mr. P. J. Potter,
of Hagerstown, Md., for the Company.
Messrs. Frank J. Bender and E. J. Moran, of Baltimore, Md., for
the C. I. O.
Mr. Ernest C. Carlson, of Jamestown, N. Y., and Mr. V. S. Gauthier,
of Toledo, Ohio, for the I. A. M.
Miss Frances Lopinsky, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OP THE CASE
Upon a petition duly filed by U. A. W.-C. I. 0., herein called the
C. I. 0., alleging that a question affecting commerce had arisen con-
cerning the representation of employees of Pangborn Corporation,
H"agerstown, Maryland, herein called the Company, the National
Labor Relations Board provided for an appropriate hearing upon due
notice before Anthony J. Molina, Trial Examiner. Said hearing was
held at Hagerstown, Maryland, on September 24,1943. The Company,
the C. T. 0., and International Association of Machinists, affiliated
with the A. F. of L.,1 herein called the I. A. M., appeared and partici-
pated. All parties were afforded full opportunity to be heard, to
examine and cross-examine witnesses, and to introduce evidence bear-
ing on the issues. The Trial Examiner's rulings made at the hearing
are free from prejudicial error and are hereby affirmed. All parties
were afforded an opportunity to file briefs with the Board.
' we take notice that the I A M. became an affiliate of the A. F. L. by action taken
at the A. F. of L Convention October 7, 1943.
53 N. L.R B., No. 16.
79
80 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Upon the entire record in the case, the Board makes the following °
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Pangborn Corporation is a Maryland corporation, engaged in the
manufacture and distribution of blast-cleaning and dust-collecting
equipment at its plant,in Hagerstown, Maryland. Approximately 95
percent of the raw materials used, consisting principally of sheet steel
and plate, hot and cold rolled bars, structural shapes, pig iron, coke,
scrap iron, sateen cloth, galvanized screen cloth and lumber, are pur-
chased outside the State of Maryland. The Company manufactures
finished products valued annually at approximately $3,500,000, of
which approximately 98 percent is sold and delivered outside the State
of Maryland. The Company's products are presently used in the
prosecution of the war.
We find that the Company is engaged in commerce within the mean-
ing of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
U. A. W.-C. I. O. (United Automobile, Aircraft & Agricultural Im-
plement Workers of America, affiliated with the Congress of Indus-
trial Organizations) is a labor organization admitting to membership
employees of the Company.
International Association of Machinists, affiliated with the American
Federation of Labor, is a labor organization admitting to membership
employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
As a result of a Board election held May 8, 1941, the I. A. M. was,
on June 2, 1941, certified as the exclusive bargaining representative of
the Company's maintenance and production employees.3 The latest
contract executed between the Company and the I. A. M., dated Sep-
tember 25, 1942, contained a 30-day automatic renewal clause. The
Company and the I. A. M. contend that as no notice to terminate was
given prior to' August 25, 1943, the contract is still in force and effect
and is a bar to a present determination of representatives. It is un-
disputed that the C. I. O. notified the Company on August 16, 1943,
that it claimed to represent a majority of the Company's employees and
filed its petition on August 23, 1943, both prior to the automatic
renewal date of the contract, and that the I. A. M. on August 25 re-
2 See Matter of Pangborn Corporation , 31 N. L. R. B. 501.
3 Matter of Pangborn Corporation, 32 N. L . R. B. 266.
PANGBORN CORPORATION 81
quested conferences under the termination clause of its contract, for
the purpose of modifying the contract. The contention that the
contract is a bar, therefore, has no merit .4
A statement of the Field Examiner, introduced into evidence at
the hearing, indicates that the C. I. 0. represents a substantial number
of employees in the unit hereinafter found appropriate.6
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 parties stipulated that all production and maintenance em-
ployees of the Company, including employees in the shipping and
receiving department, but excluding all clerical employees, all en-
gineering employees, all plant-protection employees and supervisory
employees, constitute an appropriate unit. The present contract cov-
ers the following categories about whom the parties disagree :
(1) "Supervisors." There are 30 employees who are termed "su-
pervisors." They give the work out to the men, direct and instruct
them, and see that the work is properly performed. They take no
part in actual production except for purposes of getting a job started
or illustrating for a new-man. Their recommendations are given
weight in matters of hiring, discharge, and discipline. The I. A. Al.
contends that these employees should be included in the unit because
they have been covered by its contracts since 1941. We find no merit
in this contention. As they are clearly supervisory employees, we
shall exclude them from the unit.
(2) Janitors. There are one shop janitor and two office janitors
employed by the Company. They clean the offices and the rest rooms.
The only difference between the shop janitor and the office janitors
is the locale of their work. There are five "sweepers" who keep the
production room and its environs clean. The I. A. Al. contract did
not cover the office janitors. The I. A. Al. and the Company would
include the shop janitor and the sweepers but would exclude the of-
fice janitors . The C. I. 0. would include all janitors. We perceive
no basis for differentiation among the janitors. We shall include all
janitors and sweepers in the unit.
4 See Matter of Groveton Papers Co., 52 N. L. R. B. 1256; Matter of James Doaks, Jr.
Company , 12 N. L R. B 378.
b The Field Examiner reported that the C. I. 0. submitted 338 designation cards all of
which bore apparently genuine original signatures ; that the names of 320 persons appearing
on the cards were listed on the Company 's pay roll of September 1, 1943, which contained
the names of 590 employees in the appropriate unit. The I . A. M. relies upon its contract
to•show its interest.
82 DECISIONS OF 'NATIONAL' LABOR RELATIONS BOARD
(3) Shop clerks and' timekeepers clock the time that each' job takes
and turn-in to the office the necessary data for computing costs. They
work under the direction and control of the production foremen of
the departments to, which they are assigned. They help the fore-
man with his paper work, and in some departments they keep a rec-
ord of materials used. There are 11 of these shop clerk-timekeepers
and 3 clerks, termed expediters, whose duty it is to follow emergency
jobs through the plant and see that they are quickly taken care of.
The unions would include and the Company would exclude these 14
clerks. We find that their work is closely, allied to production and
shall include them in the unit.
(4) Experimental employees test materials and build sample ma-
chines. As the operation of the experimental department was but
recently resumed, the status of these employees under the I. A. M.
contract is not clear. The Company admits that their work is sub-
stantially the same as production employees but would exclude them
as confidential employees. The confidences which these employees
share have no relation to labor relations. We shall include experi-
saental employees in the unit.
(5) Inspectors. The Company would exclude inspectors but ad-
duced no evidence to support its attitude. We perceive no reason
for their exclusion.
We find that all production and maintenance employees of the Com-'
pany including employees in the shipping and receiving department,
janitors, sweepers, shop clerks and timekeepers, expediters, experi-
mental employees, and inspectors, but excluding all clerical, engineer-
ing, and plant-protection employees, "supervisors" and all other su'
pervisory employees with authority to hire, promote, discharge, dis-
cipline, or otherwise effect changes in the status of employees, or ef-
fectively recommend such action, constitute a unit appropriate for
the purposes 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.
The I. 'A. M. has requested that its name appear on the ballot as
"Lodge 1163, I. A. of M." The request is hereby granted.
PANG'BORNi CORPORATION 83
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 Pangborn Cor-
poration , 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, 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 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
and who have not been rehired or reinstated prior to the date of the
election , to determine whether they desire to be represented by
U. A. W.-C. I. 0., or by Lodge 1163 , I. A. of M., for the purposes
of collective bargaining , or by neither.
MR. GERARD D. REILLY took no part in the consideration of the above
Decision and Direction of Election.