Philadelphia Quartz Co.

National Labor Relations Board - Board Decisions

Jul 27, 1944

57 N.L.R.B. 737 (N.L.R.B. 1944)

In the'Matter of Pi iiD ki,i' QuiRTz COMPANY ccnd INTERNATIONAL
UNION OF OPERATING ENGINEERS, LOCAL 272; A. F. L.
Case No. 5-R1578.-Decided July 27, 1944
Mr. Harold Evans , of Philadelphia , Pa., for the Company.
Messrs. Albert Weisbord and William S . Deaton, of Baltimore, Md:,
for the Union. -
Mr. Bernard Goldberg , of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
v
Upon petition duly filed by International Union of Operating En-
gineers, Local 272, A. F. L., herein called the Union,' alleging that a
question affecting commerce had arisen concerning the representa-
tion of employees of Philadelphia Quartz Company, Baltimore, Mary-
land, herein called the Company, the National Labor Relations Board
provided for an appropriate hearing upon due notice before Herman
Goldberg, Trial Examiner. Said hearing was held at Baltimore,
Maryland, on June 20, 1944. The Company and the Union appeared
and participated. All parties were afforded full_ opportunity to be
heard, to examine and cross-examine witnesses, and to introduce evi-
dence bearing 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.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OP THE COMPANY
Philadelphia'Quartz Company, a Pennsylvania, corporation,'has its
principal offices in Philadelphia, Pennsylvania, and numerous branch
offices and factories throughout the United States. Its plant at Bal-
timore, Maryland, herein called the Baltimore Plant, with which this
.proceeding is concerned, is engaged in the manufacture of silicate of
57 N. L. R. B., No. 124.
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-738 DECISIONS OF NATIONAL LABOR , RELATIONS -BOARD
soda. During-the-past year the Company purchased, raw materials,
consisting of sand, soda ash, coal, fire brick, and some miscellaneous
material, valued at $180,000, -substantially all- of which came from
points outside the State of Maryland. During the same period of
time the-Company's•sales,of,its finished { product' werevalued at $340,,-
000, of which approximately 25 percent was shipped to points outside
the State'of Maryland. -
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act. _
II. THE ORGANIZATION INVOLVED
International Union of Operating Engineers, Local 272, affiliated
with the American Federation of Labor, is a labor organization ad-
mitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company..,has refused to grant recognition' to the Uniori `as the
exclusive bargaining representative of its employees until the Union
has been certified by the Board in an appropriate unit.
A statement of the Regional Director, introduced into evidence
at the hearing, indicates that the Union represents all of the employ-
ees in the unit hereinafter found 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 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
The-Union seeks 'a,, unit comprising a'll,licerised'operating engineers,
classified by the Company as boiler producer operators. The Com-
pany contends that only a plant-wide unit is appropriate. The Balti-
more Plant has 21 employees, 4 of whom are boiler producer op-
erators. The main function of these boiler producer operators is to
operate the auxiliary stoker-fired boiler, the waste heat boiler which
makes steam for the processing of the silicate of soda, and the gas
producer which manufactures the producer gas with which the fur-
nace is heated. They are licensed by the City of Baltimore, under a
municipal ordnance which requires licensing of all operating en-
gineers. Before an individual can take an examination under,the
provisions of this ordnance he must have served a 2-year apprentice-
' The Regional Director reported that the Union submitted four application cards dated
October 20, 1943 ; that there were four employees in the unit petitioned for ; and that the _
Union's business representative stated that all the employees within the proposed unit are
dues-paying members and have been since October 1943.
PHILADELPHIA QUARTZ COMPANY 739
ship. None of the other employees in the plant is licensed, nor is any
license required of them by any governmental agency. We have re-
peatedly held that licensed operating engineers are members of a tra-
ditional craft and may, therefore, constitute a separate unit appro-
priate for ;tl;e purposes of^collectivebargaining?
,We find-that all-licensed operating engineers, called boiler producer
operators by the 'Company at its Baltimore Plant, excluding all 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
Both parties have agreed that the Union be certified on the record
in the event that the Board finds the unit sought-by the Union is ap-
propriate. Since the Union represents all the employees in the -unit
hereinbefore found appropriate, and in -yiew,,of the agreement be-
tween the parties, Zwe shall not direct an election in accordance with
customary procedure, but shall certify the Union.3
CERTIFICATION OF REPRESENTATIVES
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 9 and 10, of National
'Labor Relations Board Rules and Regulations-Series 3, as amended.,
IT IS HEREBY CERTIFIED that International Union of Operating En-
gineers , Local' 272, affiliated with the American Federation of Labor,
has been designatedrand•selected1by,a majority of all licensed operat-
ing engineers, also referred to as boiler producer operators, employed
by Philadelphia Quartz Company, Baltimore Plant, Baltimore, Mary-
land, as their representative for the purposes of collective bargaining,
and that, pursuant to Section 9 (a) of the Act, the said organization
is the exclusive representative of all such employees for, the purposes
of collective bargaining with respect to rates of pay, wages, hours of
employment, and other conditions of employment.
2 See Matter of Superior Tanning Company,,43 N. L. R. B. 734; , Matter of General Motors
Corporation;- 28 N. L. R. B. 793; platter of Hygrade Food Products Company, 20
N. L. R. B. 139.'.-
3 See note1, supra.