Phoenix Manufacturing Co.

National Labor Relations Board - Board Decisions

Oct 21, 1942

44 N.L.R.B. 1388 (N.L.R.B. 1942)

1 '
In the Matter of PHOENIX MANUFACTURING COMPANY and INTERNA-
TIONAL DIE SINKERS CONFERENCE
Case No. R-1145.-Decided October 01, 19492
Jurisdiction : drop forgings manufacturing industry.
Practice and Procedure : petition dismissed when there was no appropriate unit
within its scope; separate unit of die sinkers held inappropriate in•view of long
history of bargaining upon an industrial basis, Iin which die sinkers had par-
ticipated.
Mr. W. H. Winters, of Catasaugua, Pa., for the-Company.
Mr. J. G. Meiner, of Cleveland, Ohio, and Mr. Lester M. Shearer, of
Canton, Ohio, for the Die Sinkers.
Mr. Louis T. McCabe and Mr. Thomas D. McBride, of Philadelphia,
Pa., for the Amalgamated.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon petition, duly filed by International Die Sinkers Confer-
ence, herein called the Die Sinkers, -alleging that a question affecting
commerce had arisen concerning the representation of employees of
Phoenix Manufacturing Company, Catasaugua, Pennsylvania, herein
called the Company, the National Labor Relations Board provided for
an appropriate hearing upon due notice before Robert H. Kleeb, Trial,
Examiner. Said hearing was held at Allentown, Pennsylvania, on
August 12, 1942. The Company, the Die Sinkers, and Amalgamated
Association of Iron, Steel & Tin Workers, herein called the Amal-
gamated, 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.
On August 28, 1942, the Company and the Amalgamated filed'.
briefs which the Board has considered.
44 N. L. R. B., No. 262.
1388
PHOENIX MANUFACTURING COMPANY 1389
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Phoenix Manufacturing Company is an Illinois corporation. We
are here concerned with its plant at Catasaugua, Pennsylvania, where
it is engaged in the manufacture of drop forgings. During 1941
raw materials valued in excess of $100,000 were shipped to the Cata-
saugua plant from points outside Pennsylvania. During the same
period- the Company shipped finished products valued in excess of
$300,000 from its Catasaugua plant to points outside Pennsylvania.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
International Die Sinkers Conference is an unaffiliated labor or-
ganization , admitting to membership employees of the , Company.
Amalgamated Association of Iron, Steel & Tin Workers is a labor
organization affiliated with the Congress of Industrial Organizations,
admitting to membership employees of the Company. ,
III. THE ALLEGED APPROPRIATE UNIT
The Die Sinkers' contends that all employees working on dies and
parts of dies at the Catasaugua plant of the Company constitute an
appropriate unit. The Amalgamated and the Company contend
that such a unit is inappropriate for the reason that the appropriate
unit is plantwide. The Company has been dealing with the Amal-
gamated as the exclusive representative of its employees since 1924
and has had annual contracts with it: In April 1941 the Die Sinkers
began to organize die sinkers in the Company's Catasaugua plant
and filed a petition shortly thereafter with the Board. However,
it subsequently withdrew its petition.
The die sinkers working at the Catasaugua plant were active mem=
bers of the Amalgamated until 1941 and the record indicates that
die sinkers were on the various Amalgamated negotiating committees
throughout the many years of bargaining between that organization
and the Company. Prior to the negotiation of each contract [between
the Amalgamated and the Company the die sinkers were consulted
with respect to their demands and such demands were incorporated
in the Amalgamated's proposed contracts. -
It should be noted that not until after 17 years of exclusive recog-
nition of the Amalgamated by the Company did the Die Sinkers
1390 DECISIONS OF NATIONAL LABOR RELATIONS. BOARD
attempt to secure separate representation for the die sinkers. Dur-
ing this entire period, as pointed out above, most of the die sinkers
were active members of the Amalgamated and participated in its
'bargaining conferences. No objection was raised by any of the die
sinkers prior to the signing ,of each contract with-the Amalgamated
until 1941. Thus, it appears that the industrial unit was established
with the acquiescence of the die sinkers.
In view of all the circumstances, including the history of collet-'
tive bargaining between the Company and the Amalgamated on a
plantwide basis for over 17 years, and the failure of the Die Sinkers,`
for more than 16 years after the Company had recognized the Amal-'
gamated, to seek to bargain with the Company, we believe that the
Unit urged by the Die Sinkers is inappropriate for the purposes of
collective bargaining, and we so find.'
IV. THE ALLEGED QUESTION CONCERNING REPRESENTATION
Since, as pointed out 'in Section III, above, the bargaining unit
sought to be 'established by the petition is inappropriate for the
purposes of collective bargaining, we find that no question has been -
raised concerning the representation of employees in an appropriate
bargaining unit. Accordingly, we shall dismiss the petition.
ORDER
Upon the basis of the above findings of fact, the National Labor
Relations Board hereby orders that the petition for investigation and
certification of representatives filed by International Die Sinkers
Conference, be, and it hereby is, dismissed.
i See Matter of Revere Copper and Brass, Incorporated and Chicago Die Sinkers, Local
No. 100, affiliated with the International Die Sinkers Conference , 30 N. L. R. B. 964. Cf.
Matter of Bendix Products Division of Bendix Aviation Corporation and Pattern Makers
League of North America, South Bend Association, affiliated with the A . F. of L., 39
N. L. R. B. 81, wherein the Board granted a group of employees composing a craft the
right to split off from an established industrial group. However, in that case the craft
union had substantial representation ' among the disputed employees and attempted to
bargain with the Company on their behalf prior to the commencement of collective bar-
gaining between the industrial union and the'employer. It should also be noted that the
craft union never acquiesced in the industrial bargaining but constantly attempted to rep-
resent the craft employees . In the instant case, the craft union did -not appear until
after many years of bargaining on an industrial basis in which the disputed employees
actively participated. -