Porter-Cable Machine Co.

National Labor Relations Board - Board Decisions

Sep 27, 1941

35 N.L.R.B. 961 (N.L.R.B. 1941)

In the Matter Of PORTER- CABLE MACHINE Co. and THE INTERNATIONAL
ASSOCIATION OF MACHINISTS
Case No. R-2953.-Decided September 27, 1941
Jurisdiction : electrical tool manufacturing industry.'
Investigation and Certification of Representatives : existence of question: Com-
pany refused to accord union recognition; election necessary.
Unit Appropriate for Collective Bargaining : production and maintenance em-
ployees, including hourly rate- department clerks, but excluding supervisory
and office employees, the time clerk in the machining department, and the
personnel adviser in the toolroom.
Hancock, Dorr, Ryan & Shove , by Mr. Carl E . Dorr, of Syracuse,
N. Y., for the Company.
Mr. William H. Bradt, of Albany, N. Y., for the I. A. M.
Mr. Caleb Cander Brown, Jr., of Syracuse , N. Y., for the
Independent.
Mr. Marvin C. Wahl, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On July 30, 1941, International Association of Machinists, herein
called the I. A. M., filed with the Regional Director for the Third
Region (Buffalo, New York) a petition alleging that a question af-
fecting commerce had arisen concerning the representation of em-
ployees of Porter-Cable Machine Co., Syracuse, New York, herein
called the Company, and requesting an investigation and certification
of representatives pursuant to Section 9 (c) of the National Labor
Relations Act, 49 Stat. 449, herein called the Act. On August 14,
1941, the National Labor Relations Board, herein called the Board,
acting pursuant to Section 9 (c) of the Act, and Article III, Section
3, of National Labor Relations Board. Rules and Regulations-Series
2, as amended, ordered an investigation and authorized the Regional
Director to conduct it and to provide for an appropriate hearing
upon due notice.
35 N L. R. B., No. 187.
961
962 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
On August 18, 1941, the Regional Director issued a notice of hear-
ing, copies of which were duly served upon the Company and the
I. A. M. Pursuant to notice, a hearing was held on August 28, 1941,
at Syracuse, New York, before Peter J. Crotty, the Trial Examiner
duly designated by the Chief Trial Examiner. The Company and
The Power Tool Employees Independent Union, herein called the
Independent, were represented by counsel, and the I. A. M. by its
representative; all participated in the hearing. At the opening of
the hearing, the Trial Examiner granted a motion by the Independent
to intervene in this proceeding. Full opportunity to be heard, to
examine and cross-examine witnesses, and to introduce evidence bear-
ing on the issues was afforded all parties. During the course of the
hearing, the Trial Examiner made various rulings on motions and
on objections to the admission of evidence. The Board has reviewed
the rulings of the Trial Examiner and finds that no prejudicial
errors were committed. The rulings are hereby affirmed.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OFD THE COMPANY
Porter-Cable Machine Co. is a New York corporation engaged in
the manufacture of sanding machines, power saws, and various elec-
trical tools at Syracuse, New York. During the 12-month period
ending June 30, 1941, the Company purchased raw materials valued
at more than $100,000, all of which were shipped from points out-
side the State of New York. In the same period, the Company man-
ufactured products valued at more than $100,000, all of which were
shipped to points outside the State of New York. The Company
concedes that is it engaged in commerce within the meaning of the
Act.
H. THE ORGANIZATIONS INVOLVED
International Association of Machinists, affiliated with the Ameri-
can Federation of Labor, is a labor organization which admits to
membership employees of the Company.
The Power Tool Employees Independent Union is a labor organiza-
tion which admits to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On July 16, 1941, the I. A. M., by letter, advised the Company
that it represented a majority of the Company's employees. After
several unsuccessful attempts to confer with the Company's represent-
PORTER-CABLE MACHINE CO. 963
atives concerning its claim, the I. A. M. was advised on July 28
that the Company did not believe that the I. A. M. represented a
majority of its employees. The Independent was organized on Au-
gust 14, 1941, and held an election of officers the same day. On the
following day, it requested recognition as 'the statutory representative
of the Company's employees which the Company refused to grant
on the ground that another organization claimed to represent its
employees. A statement by the Regional Director introduced at the
hearing and a statement in the record by the Trial Examiner show
that the I. A. M. and the Independent, respectively, represent a sub-
stantial number of employees in the unit hereinafter 'found to be
appropriate
We find that a question has arisen concerning the representation
of employees of the Company.
IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON
COMMERCE
We find that the question concerning representation which has
arisen, occurring in connection with the operations of the Company
described in Section I, above, has a close, intimate , and substantial
relation to trade, traffic, and commerce among the several States and
tends to lead to labor disputes burdening and obstructing commerce
and the free flow of commerce.
V. THE APPROPRIATE UNIT
The I. A. M. and the Independent agree that all production and
maintenance employees of the Company, including hourly rate depart-
ment clerks, but excluding supervisory and office employees, the time
clerk in the machining department, and the personnel advisor in the
t oolroom, constitute an appropriate unit. The I. A. M. and the Inde-
pendent disagree, however, as to whether one Fred Bauer is a super-
visory employee. The Company' agrees with the contention of the
labor organizations as to the appropriate unit, except that it desires to
include the time clerk in the machining department within the unit.
Edmundson, the time clerk in the machining department, records
the length of time spent by each machine operator in performing a
particular job and distributes work tickets to the men. Although
1 The Regional Director ' s statement shows that the I . A M. submitted 137 membership
application cards, all of which bore signatures which appeared to be genuine . One hundred
thirty -four of the cards were dated between July 9, and July 17, 1941, and 3 of them were
undated . The Trial Examiner stated that the Independent submitted 164 membership ap-
plication cards, all of which appeared to bear genuine signatures . One hundred thirty-nine
of the cards were dated between August 1 and 28, 1941 , and 25 were undated . At the time
of the hearing , the Company employed 245 persons.
451270-42-vol. 35-62
934 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the record is not entirely clear concerning his compensation, it ap-
pears that he receives a regular salary, being the only clerk in any
department who is,so paid 2 The other clerks in the plant perform
production as well as clerical duties, and are responsible to the fore-
man of the particular department in which they work. Edmundson
is responsible not only to the foreman of the machining department,
but also to the head of the pay-roll department. Under these cir-
cumstances, we shall exclude Edmundson from the appropriate unit.
The I. A. M. contends that Fred Bauer is a supervisory employee
and should be excluded from the appropriate unit. The Independent
and the Company, however, claim that at most he is a working foreman
and should be included within the unit. Bauer is known as the
assistant foreman of the toolroom. Whenever the regular foreman is
absent, on vacation or otherwise, Bauer is in charge of the tool-
room and receives the compensation of a supervisor, although at
other times he works on a machine or on the bench. During the ab-
sence of the foreman, he has the power to recommend the hiring and
discharging of employees in the toolroom. In view of the supervisory
functions which Bauer performs, we shall exclude him from the ap-
propriate unit.
We find that all production and maintenance employees of the
Company, including hourly rate department clerks, but excluding
supervisory and office employees, the' time clerk in the machining
department, and the personnel advisor in the toolroom, constitute a
unit appropriate for the purposes of collective bargaining, and that
such unit will insure to employees of the Company the full benefit
of their right to self-organization and to collective bargaining and
otherwise effectuate the policies of the Act.
VI. THE DETERMINATION' OF REPRESENTATIVES
We find that the question concerning representation which has
arisen can best be resolved by an election by secret ballot. In accord-
ance with our usual practice, we shall direct that those eligible to
vote in the election shall be the employees within the appropriate unit
who were employed by the Company during the pay-roll period im-
mediately preceding the date of this Direction of Election, subject to
such limitations and additions as are set forth in the Direction.
Upon the basis of the above findings of fact and upon the entire rec-
ord in the case, the Board makes the following :
2 There are ,2 other clerks in the machining department who are paid on an hourly rate
basis.
PORTER-CABLE MACHINE CO.
CONCLUSIONS OF LAW
965
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of Porter-Cable Machine Co., Syracuse, New
York, within the meaning of Section 9 (c) and Section 2 (6) and (7)
of the National Labor Relations Act.
2. All production and maintenance employees of the Company,
including hourly-rate department clerks, but excluding supervisory
and office employees, the time clerk in the machining department, and
the personnel advisor in the toolroom, constitute a unit appropriate
for the purposes of collective bargaining within the meaning of Section
9 (b) of the National Labor Relations Act. '
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, and pursuant to Article III, Section 8, of National Labor Rela-
tions Board Rules and Regulations-Series 2, as amended, it is hereby
DIRECrm that, as part of the investigation authorized by the Board
to ascertain representatives for the purposes of collective bargaining
with Porter-Cable Machine Co., Syracuse, New York, an election by
secret ballot shall be conducted as soon 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 Third
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 production and maintenance employees of the
Company who were employed during the pay-roll period immediately
preceding the date of this Direction of Election, including hourly
rate department clerks, and employees who did not work during such
pay-roll period because they were ill or on vacation or in the active
military training or service of the United States, or temporarily laid
off, but excluding supervisory and office employees, the time clerk
in the machining department, the personnel advisor in the toolroom,
and employees who have since quit or been discharged for cause, to de-
termine whether they desire to be represented by International Asso-
ciation of Machinists, affiliated with the American Federation of
Labor, or by The Power Tool Employees Independent Union, for the
purposes of collective bargaining, or by neither.