Pratt & Letchworth Co., Inc.

National Labor Relations Board - Board Decisions

Mar 1, 1943

47 N.L.R.B. 1252 (N.L.R.B. 1943)

In the Matter of PRATT & LETCHWORTH Co., INC. and UNITED ELEC-
TRICAL, RADIO & MACHINE WORKERS OF AMERICA, LOCAL 316
In the Matter of,PRATT & LETCHWORTH CO ., INC. and ASSOCIATED
WELDERS OF WESTERN NEW YORK, INC.
Cases Nos. R-4865 and R- 866, respectively.-Decided March 1, 19,13
Jurisdiction : castings manufacturing industry.
Investigation and Certification of Representatives : existence of question: recog-
nition refused because of existing contract; contract about to expire held no
bar ; election necessary.
Unit Appropriate for Collective Bargaining : all production and maintenance em-
ployees, including watchmen, but with specified exclusions, held appropriate;
various craft units sought held inappropriate, in view of long, adequate past
bargaining history on industrial basis.
Practice and Procedure : petitions dismissed when no appropriate units found
within their scopes.
Kenefick, Cooke, Mitchell, Bass d Letchworth, by Mr. Lyman M.
Bass, of Buffalo, N. Y., for the Company.
Mr. Willard Bliss, of Syracuse, N. Y., and Mr. Emanuel Fried, of
Buffalo, N. Y., for the C. I. O.
Mr. Herbert J. Schifhauer, of Buffalo, N. Y., for the F. I. U.
Tully e6 Turner, "by Mr. Solomon Tully, of Buffalo; N. Y., for-the
Welders.
Mr. Robert Silagi, of counsel to the Board.
DECISION
DIRECTION OF ELECTION
AND
ORDER
STATEMENT OF THE CASE
i
Upon petitions duly filed by United Electrical, Radio & Machine
Workers of America, Local 316, C. I. 0., herein called the C. I. 0.,
and by Associated Welders of Western New York, Inc., herein called
the Welders, each alleging that a question affecting commerce had
arisen concerning the representation of employees of Pratt & Letch-
worth, Co., Inc., Buffalo, New York, herein called the Company, the
47 N L R. B, No. 152.
1252
PRATT & LETCHWORTH CO., INC., 1253
National Labor Relations Board consolidated the cases and provided
for an appropriate hearing upon due notice before Peter J. Crotty,
Trial Examiner. Said hearing was held at Buffalo, New York, on
February 6, 1943. The Company, the C. I. 0., the Welders, and the
Federated Industrial Union, Local 109, herein called the F. I. U.,
appeared, participated, and were afforded full opportunity to be
heard, to examine and cross-examine witnesses, a'nd to introduce evi-
dence bearing on the issues.
Near the close of the hearing, the F. I. U. filed three petitions
seeking craft units in the pattern department, spring shop, and main-
tenance department of the ' Company, respectively. The petitions
were incorporated into the record as exhibits. For reasons appearing
in Section IV, below, we'find that the units sought by these petitions
are not appropriate. During the hearing, the Company and the
F. I. U. moved to dismiss the petitions of the C. I. O. and the Welders.
The Trial Examiner reserved ruling thereon for the Board. For
reasons appearing in Section IV, below, the motions to dismiss the
petition of the C. I. O. are hereby denied. The motion to dismiss the
petition of the Welders is granted.
The Trial Examiner's rulings made at the hearing are free from
prejudicial error and are hereby affirmed. On February 15, 1943,
the Company filed a brief which the Board has considered.
Upon 'the entire-record in the case, the Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Pratt & Letchworth Co., Inc., is a New York corporation, engaged
in the manufacture of armor castings, drop forgings, carbon steel
castings, and springs in Buffalo, New York. During the last 6
months of 1942, the Company used raw materials valued in excess of
$200,000, of which more than 60 percent was shipped to its Buffalo
plant from points outside the State of New York. During the same
period, the Company ' manufactured at its Buffalo plant products
valued in excess of $300,000, more than 65 percent of which was
shipped from its Buffalo plant to points outside the State of New
York. The entire production of the Company is used in the war
effort.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act. ,
II. THE ORGANIZATIONS INVOLVED
United Electrical, Radio & Machine Workers of America, Local
316, affiliated with the Congress of Industrial Organizations, is a labor
organization , admitting to membership employees of the Company.
1254 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
`Associated Welders of Western' New York, Inc., is an unaffiliated
labor organization, admitting to membership employees of the Com-
pany.
Federated Industrial Union, Local 109, is an unaffiliated labor or-
ganization, admitting to membership employees of the Company.
III. THE QUESTION CONCERNINGREPRESENTATION
In 1933, the F. I. U. and the Company 'entered into an oral agree-
ment. The agreement continued in effect thereafter until it was
reduced to writing and signed on March 11, 1941. By the terms of
the written contract, the F. I. U. was given sole collective bargaining
rights' for 1 year, with the further provision that the contract should
automatically be renewed from year to year, unless terminated upon
written notice by either party at least 30 days prior to the anniversary
date. The contract was automatically renewed in March 1942, for
a term which will expire on March 11, 1943.
On January 11, 1943, the C. I. O. informed the Company that it
represented a majority of it's employees and requested recognition a s
their collective bargaining agent. The company refused to grant this
request, stating that it was bound by its contract with the F. I. U.
Likewise, on November 6, 1942, the Welders informed the Company
that it represented a majority of the welders employed by the Com-
pany and requested a meeting to negotiate a contract on their behalf.
No reply was received to this communication. At the hearing, how-
ever, the Company stated that it is barred from negotiating with the
Welders because of its existing contract with the F. I. U.
Both the Company and the F. I. U. allege that the contract is a
bar to a present determination of representatives. This contention
is without merit. Since the C. I. O. and the Welders served timely
notice of their respective claims prior to the automatic renewal date,
we find that the contract is not a bar.'
A statement of the Trial Examiner, introduced into evidence at
the hearing, indicates that the C. 1. 0. and the Welders each represents
a substantial number of employees in the unit hereinafter found
appropriate.2
I
1 See Matter of Colonie Fibre Company, Inc. and Cohoes Knit Goods Workers Union
No. 21514, A. F of L., 9 N L R B 658; Matter of Heldman -Schild-Lasser, Inc. Wad
Cincinnati Joint Board of The Amalgamated Clothing Workers of America ( C. I. 0.),
11 N L R . B. 1289; Matter of Showers Brothers Company, Inc and National Furniture
Workers Local No. 1, of the Upholsterers International Union of North America , affiliated
with the American Federation of Labor, 13 N. L . R. B. 829; Matter of Mill B, Inc., Division
of Irwin & Lyons, Partners, doing business under the assumed name of Irwin if Lyons and
International Woodworkers of America , Local 116, C. 1. 0, 40 N L. It. B. 346.
The Trial Examiner reported that the C 1. 0 submitted to him 658 authorization
cards ; that every tenth card submitted to him was checked against the Company 's pay roll
of January 29, 1943, which contained 853 employees in the unit alleged to be appropriate ;
that, in all , 66 cards were thus checked , 36 of .which bore the apparently genuine original
PRATT` & LETCHWORTH CO., INC. 1255
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.
IV. THE APPROPRIATE UNIT
At the hearing, the F. I . U. took the position that, should the Board
overrule its contention that the contract is a bar to a determination of
1 epresentatives , it requests the establishment of three separate craft
units, consisting of the pattern department , including pattern makers,
apprentices and apprentice die makers ; the spring shop, including
toilers, machine operators , pull out and set-up men ; and the mainte-
nance department , including machinists , pipe-fitters , electricians, car-'
periters, and apprentices. The Welders requests a unit composed of
welders and their apprentices and all employees who join or fuse
metals by heat. This unit does not conflict with the three units
sought by the F. I. U. as an alternative to our finding the contract
to be a bar., _
The Company and the C. I. 0., however , seek basically to retain the
unit covered by the contract .3 The record discloses no persuasive rea-
son for deviating from a unit which has been the basis of representa-
tion for the past 10 years . Consequently , in the face of so long-a his-
tory of bargaining on an industrial basis, we cannot accept the con-
tention of the F. I. U . that - separate units are now appropriate.4 Sim-
ilarly, we shall dismiss the petition of the Welders, since the employees
claimed by it were also'included in the plant -wide unit covered by the
contract.
'The Company and the C. I. 0. agree that foremen, assistant fore-
men, and patrolmen , who -are part of a uniformed plant-protection
force and have been sworn into the United States Army as Auxiliary
Military Policemen , shall be excluded from the appropriate unit.
The only point of disagreement between the Company and the C. I. 0.
in this regard arises with respect to watchmen . The C. I. 0. seeks
to include and the Company to exclude them . Since they are part
of the present contract unit, ' perform routine watchmen duties such
signatures, of persons the names of whom appear on the pay roll; that they were dated
,as follows,: January' 1942, 2; March, 2; April, 1; July, §; August, 5; November, 1;
December, 7; January 1943, 6; undated, 4.
The Trial Examiner also reported that the welders submitted 21 authorization cards, 14
of which bore apparently genuine original signatures ; that they were dated: ' January 1943,
12; undated, 2; that the names of the 14 persons whose names appeared on the cards
were listed on the Company's pay roll of January 29,.1943, which contained 30 persons
in the unit alleged-to be appropriate.
The F. I. U. relies upon its contract with the Company as evidence of its membership.
S The contract reads in part, ". . . the Union (F. I. U ) is the sole collective bargaining
agency on wages, hours .and working conditions for all employees of the Company, except
office and supervisory employees including draftsmen and shop clerks."
4 See Matter of Phoenix Manufacturing Company and International Die Sinkers Con-
ference, 44 N. L. R. B. 1388.
6 See footnote 3, supra.
1256 DECCIS ONS OF NATIONAL LABOR RELATIONS BOARD
as making hourly tours and guarding against fires, anddare not part
of the plant-protection force, we shall include them in the unit.
We find that all production and maintenance employees of the Com-
pany, including watchmen, but excluding office and supervisory em-,
ployees, draftsmen, shop clerks, foremen, assistant foremen, and
patrolmen constitute a unit appropriate for the 'pu'rpose of collective
bargaining within the meaning of Section 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be-resolved by an election by secret ballot among the em-
ployees in the appropriate, unit who were employed during the pay-
roll period immediately preceding the date of the Direction of Elec
tion 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 Relations
Act, and pursuant to Article III, Section 9, of National Labor Rela-
tions Board Rules and Regulations-Series 2, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Pratt & Letch-
worth Co., Inc., Buffalo, New York, 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 Third Region, acting in this matter
as agent for the National Labor Relations Board, and subject to Arti-
cle, III, Section 10, of said Rules and Regulations, among the em-
ployees in the unit found appropriate in Section IV, above, who were
employed during the pay-roll period immediately 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 forces of the United
States who present themselves in person at the polls, but excluding
those employees who have since quit or been discharged for cause, to
determine whether they desire to be represented by United Electrical,
Radio & Machine Workers of America, Local 316, affiliated' with the
Congress of Industrial Organizations or by Federated' Industrial
Union, Local 109,8 for the purposes of collective bargaining, or, by
neither.
f At the hearing , requests were made that the Unions be designated on the ballot as,,
"C. I. 0.," "United Electrical , Radio & Machine Workers," and , as "F. I . U." The requests
are hereby granted.
PRATT & LETCHWORTH CO.) INC. , 1257
ORDER
Upon the basis of the foregoing findings of fact, and upon the entire
record in the case, the National Labor Relations Board hereby orders
that the petition for investigation and certification of representatives
of employees of Pratt & Letchworth Co., Inc., Buffalo, New York, filed
by Associated Welders of Western New York, Inc., be, and it hereby
is, dismissed.
I