76 N.L.R.B. 979 (N.L.R.B. 1948)

Paterson Boiler and Tank, Inc.

National Labor Relations Board - Board DecisionsMar 29, 1948

76 N.L.R.B. 979 (N.L.R.B. 1948)

In the Matter of PATERSON BOILER AND TANK, INC., EMPLOYER and INTERNATIONAL BROTHERHOOD OF BOILERMAKERS, IRON SHIPBUILD- ERS AND HELPERS OF AMERICA, AFL , PETITIONER Case No. 2-R-7938.-Decided March 29, 19418 Dorsey d Adams, by Cllr. Peter Keber, of New York City, for the Employer. Mr. Irving Barist, of Jersey City, N. J., for the Petitioner. DECISION AND DIRECTION OF ELECTION Upon a petition duly filed, hearing in this case was held at New York City, on January 28, 1948, before Herbert C. Kane, hearing officer. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed. Upon the entire record in the case, the National Labor Relations Board 1 makes the following : FINDINGS OF FACT I. TILE BUSINESS OF THE EMPLOYER Paterson Boiler and Tank, Inc., a New Jersey corporation, has its principal office and plant located at Paterson, New Jersey, where it is engaged in the manufacture and sale of steel tanks and similar items. During 1947, the Employer purchased raw materials valued in excess of $250,000, of which approximately 90 percent was shipped to the plant from points outside the State of New Jersey. During the same period, the Employer shipped finished products valued in excess of $500,000, of which approximately 25 percent was shipped to points outside the State of New Jersey. We find that the Employer is engaged in commerce within the mean- ing of the National Labor Relations Act. 'Pursuant to the provisions of Section 3 (b) of the Act , the Board has delegated its powers in connection with this case to a three -nman panel consisting of the undersigned Ito aid Members [Chairman Herzog and Members Houston and Reynolds] 76 N. L. R. B., No. 140. 781 902-4S-vol 76--03 979 980 DECISIONS OF NATIONAL LABOR RELATIONS BOARD II. TIIE ORGANIZATION INVOLVED The Petitioner is a labor organization affiliated with the American Federation of Labor, claiming to represent employees of the Employer. III. TIIE QUESTION CONCERNING REPRESENTATION The Employer refuses to recognize the Petitioner as the exclusive bargaining representative of employees of the Employer until the Petitioner has been certified by the Board in an appropriate unit. - We find that a question affecting commerce exists concerning the representation of employees of the Employer, within the meaning of Section 9 (c) (1) and Section 2 (6) and (7) of the Act. IV. THE APPROPRIATE UNIT The Petitioner seeks a unit of all production and maintenance em- ployees, excluding guards, watchmen, clerical, professional, execu- tive and administrative employees, and supervisors. The Employer takes no position with respect to the unit issue. We find that all production and maintenance employees at the Pater- son, New Jersey, plant of the Employer, excluding guards, watchmen, clerical, professional, executive and administrative employees, and supervisors, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section fl (b) of the Act. - DIRECTION OF ELECTION As part of the investigation to ascertain representatives for the purposes of collective bargaining with Paterson Boiler and Tank, Inc.,_ Paterson, New Jersey, 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 Second Region, and subject to Sections 203.61 and 203.62, of National Labor Relations Board Rules and Regulations- Series 5, among the employees in the unit found appropriate in Sec- tion IV, above, who were employed during the pay-roll period im- mediately 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, but excluding 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, and also exclud- ing employees on strike who are not entitled to reinstatement, to de- termine whether or not they desire to be represented by International Brotherhood of Boilermakers, Iron Shipbuilders and Helpers of America, AFL, for the purposes of collective bargaining.