Pennsylvania Transformer Co.

National Labor Relations Board - Board Decisions

Dec 6, 1944

59 N.L.R.B. 740 (N.L.R.B. 1944)

In the Matter of PENNSYLVANIA TRANSFORMER COMPANY and SHor'
COMMITTEE OF FIVE (GEORGE KRALL, JOSEPH WHITE, JOSEPH RRIGH-
ARDSON, SR., MICHAEL HARGARIK AND CLEMENT HAYES)
Case No. 6-R-1036.-Decided December 6, 194;4
Mr. Fred L. Huber, Jr., of Pittsburgh, Pa., for the Company.
Mr. Harry A. Sherman, of Pittsburgh, Pa., for the Committee.
Messrs. Matthew Matison, George A. Conrad, and Michael J. Kazell,.
of Pittsburgh, Pa., for the U. E.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION-OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by Shop Committee of Five (George Krall,
Joseph White, Joseph Richardson, Sr., Michael Harcarik and Clem-
ent Hayes), herein called the Committee, alleging that- a question
affecting commerce had arisen concerning the representation of em-
ployees of Pennsylvania Transformer Company, Pittsburgh, Pennsyl-
vania, herein called the Company, the National Labor Relations Board
provided for an appropriate hearing 'upon due notice before Walter
Wilbur, Trial Examiner. Said hearing was held at Pittsburgh,
Pennsylvania, on November 10, 1944. At the commencement of the
hearing, the Trial Examiner granted a motion of United Electrical,
Radio & Machine Workers of America,' C. I. 0., herein called the
U. E., to intervene. The Company, the Committee, and the U. E.
appeared, participated, and were afforded full opportunity to be
heard, to examine and cross-examine witnesses, and to introduce evi--
dence bearing on the issues. The Trial Examin'er's rulings 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:
59 N. L R. B., No. 148. S
740
e
PENNSYLVANIA TRANSFORMER, COMPANY
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
741
Pennsylvania Transformer Company is a Pennsylvania corporation
engaged in the manufacture of electrical transformers at Pittsburgh,
Pennsylvania: During 1943 the Company purchased raw materials
valued at about $3,300,000, approximately 60 percent of which was
shipped to it from points outside the Commonwealth of Pennsylvania.
During the same period the Company manufactured products valued
at about $4,700,000, approximately 25 percent of which was shipped
to points outside the Commonwealth of Pennsylvania.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
Shop Committee of Five (George Krall, Joseph White, Joseph
Richardson, Sr., Michael Harcarik, and Clement Hayes) is an un-
affiliated labor organization, authorized to represent employees of the
Company.
United Electrical, Radio & Machine Workers of America is a labor
organization affiliated with the Congress of Industrial Organizations,
admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
During July 1944 the Committee requested recognition of the Com-
pany as exclusive collective bargaining representative of the Com-
pany's employees. The Company refused this request on the ground
that it was operating under a contract'with the U. E.
On December 13, 1943, the Company and the U. E. entered into an
exclusive collective bargaining contract. The contract expired by its
terms on August 13, 1944.
A statement of a Field Examiner of the Board, introduced into
evidence at the hearing, indicates that the Committee represents a
substantial number of 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.
' The Field Examiner reported that the Committee presented 174 authorization cards.
There aie approximately 234 employees in the appropriate unit The U E did not present
any evidence of membership, but relies upon its contract as evidence of its interest in the
instant proceeding.
742 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
IV. THE APPROPRIATE UNIT
We find, 'in agreement with a stipulation of the parties, that all
production and maintenance employees at the Island Avenue and
Preble Avenue plants of the Company, excluding office employees,
nurses, transformer testers, watchmen, and all 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 purposes of collec-
tive bargaining, within the meaning of Section 9 (b),of the Act.2
V. THE DETERMINATION OF REPRESENTATIVES
We find that the question concerning representation which has arisen
can best be resolved by means of an election by secret ballot.
The Committee urges that a pay roll as of the date of the petition
be used to determine eligibility to vote. Inasmuch as no persuasive
reason appears as to why we should depart from our usual practice
we shall direct that those eligible to vote shall be the employees 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 Re-
lations Act, and pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 3, as amended, it is
hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Pennsylvania
Transformer Company, Pittsburgh, Pennsylvania, an election by se-
cret 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 Sixth Region, act-
ing in this matter as agent for the National Labor Relations Board,
and subject to Article III, Sections 10 and 11, of said Rules and Reg-
ulations, among the employees in the unit found appropriate in Sec-
tion IV, above, who were employed during the pay-roll period imme-
diately 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
This is the same unit that is provided for in the contract between the U. E. and the
Company.
PENNSYLVANIA TRANSFORMER COMPANY 743
forces of the United States who present themselves in person at the
polls, but excluding any 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 they desire to be represented by Shop
Committee of Five (George Krall, Joseph White, Joseph Richard-
son, Sr., Michael Harcarik and Clement Hayes), or by United Elec-
trical, Radio & Machine Workers of America, C. I. 0., for the purposes
of collective bargaining, or by neither.