Patch-Wegner Co., Inc.

National Labor Relations Board - Board Decisions

Sep 22, 1942

44 N.L.R.B. 298 (N.L.R.B. 1942)

In the Matter of PATCH-WEGNER COMPANY, INC. and UNITED STEEL-
WORKERS OF AMERICA
Case No. R-4262.-Decided September 22,1942
Jurisdiction : castings manufacturing industry.
Investigation and Certification of Representatives :, existence of question: re-
fusal to accord petitioner recognition until certified by the Board ; election
necessary.
Unit Appropriate for Collective Bargaining : production and maintenance em-
ployees of the Company , excluding guards, watchmen , and administrative,
supervisory , office, and clerical employees ; stipulation as to
Mr. Edmund J. Blake, of,Boston, Mass., for the Company.
Grant c(n Ango ff, by Mr. Samuel F. Angoff, of Boston, Mass., and
Mr. James F. Hanley, of West Rutland, Vt., for the Union.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by United Steelworkers of America, herein
called the Union, alleging that a question affecting commerce had arisen
concerning the representation of employees of Patch-Wegner Com-
pany, Inc., Rutland,` Vermont, herein called the Company, the Na-
tional Labor Relations Board provided for an appropriate hearing
upon due notice before Samuel G. Zack, Trial Examiner. Said hear-
ing was held at Rutland, Vermont, on September 9, 1942. The Com-
pany and the Union appeared, participated, and were afforded full
opportunity to be heard, to examine and cross-examine witnesses, and
to introduce evidence bearing on the issues. The Trial Examiner's
rulings made at the hearing are free from prejudicial error and are
hereby affirmed.
44 N. L . R. B., No. 52.
298
0
PATCH-.WEGNER COMPANY, INC. 299
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Patch-Wegner Company, Inc., is engaged in the manufacture and
production of castings and machine parts at Rutland, Vermont. More
than 90 percent of the raw materials used by the Company are shipped
to it from points outside Vermont and a substantial amount 'of its
manufactured products are shipped out of Vermont. The Company
admits that it is engaged in commerce within the meaning of,the
National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
United Steelworkers of America is a labor organization affiliated
with` the Congress of Industrial Organizations, admitting to member-
ship employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company refuses to recognize the Union as the exclusive rep-
resentative of the Company's employees until such time as the Union
is certified by the Board.
The Company and the Union stipulated that the Union-'r'epresents
a substantial number of the employees in the unit hereinafter found
to be appropriate.
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
We find, in accordance with a stipulation of the parties, that all
production and maintenance employees of the Company, 'excluding
guards, watchmen, and administrative, supervisory, office, aid clerical
employees, 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
300 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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, 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 Patch-Wegner Company, Inc., Rutland, Vermont, 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
First 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 employees of the Company in the unit
found appropriate in Section IV, above, who were employed 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, or temporarily laid off, but
,excluding those employees who have since quit or been discharged for
cause, to determine whether or not they desire to be represented by
United Steelworkers of America, affiliated with the Congress, of In-
dustrial Organizations, for the purposes of collective bargaining.
MR. Wm . M. LEISEISON took no part in the consideration of the above
Decision and Direction of Election.
In, the Matter of PATCH-WEONER COMPANY, INC., and UNITED STEEL-
WORKERS OF A-MERICA
Case No. R-460
CERTIFICATION OF REPRESENTATIVES
October 17, 1946
On September 22, 1942, the National Labor Relations Board issued
a Decision and Direction of Election in the above-entitled proceeding.'
Pursuant to the Direction of Election, an election by secret ballot was
conducted on October 6, 1942, under the direction and supervision of
the Regional Director for the First Region (Boston, Massachusetts).
On October 8, 1942, the Regional Director, acting pursuant to Article
III, Section 9, of National Labor Relations Board Rules and
Regulations-Series,2, as amended, issued and duly"served upon the
parties an Election Report. No objections to the conduct of the
ballot or the Election Report have been filed by any of, the parties.
As to the balloting and its results, the Regional Director reported
as follows :
Total number eligible to vote_______________________________ 278
Total number of votes cast__________________________________ 254
Total number of ballot votes_________________________________ 239
Total number of ballots marked for "Yes"__________________ 176
Total number of ballots marked for "No"_____________________ 63
Total number of blank ballots________________________________ 0
.Total.,number of void ballots______________________________ 2
Total number of challenged ballots____________________________ 13
Since the number of challenged ballots cannot affect the results of
the election, we find it unnecessary to, make any determination with
respect to them. --
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, and pursuant to Article III, Sections 8 and 9, of National
Labor Relations Board Rules and Regulations-Series 2, as amended,
IT IS HEREBY CERTIFIED that United Steelworkers of America, affil-
iated with the Congress of Industrial Organizations, has been desig-
nated and selected by a majority of all production and maintenance
144 N L. R. B. 298.
44 N L. R. B., No. 52a.
301
302 DECISIONS OF NATIONAL LABOR RELATIONS BOARD-
employees of Patch-Wegner Company, Inc., Rutland, Vermont, ex-
cluding guards, watchmen, and administrative, supervisory, office, and
clerical employees, as their representative for the purposes of collec-
tive bargaining, and that, pursuant to Section 9 (a) of the Act,
United Steelworkers of America, affiliated with the Congress of Indus-
trial Organizations is the exclusive representative of all such em-
ployees for the purposes of collective bargaining with respect to
rates of pay, wages, hours of employment, and other conditions of
employment.