Read Machinery Co., Inc.

National Labor Relations Board - Board Decisions

Dec 9, 1939

18 N.L.R.B. 224 (N.L.R.B. 1939)

In the Matter of READ MACHINERY CO., INC. and LOCAL LODGE #243
INTERNATIONAL ASSOCIATION OF MACHINISTS
In the Mattel' Of READ MACHINERY Co., INC. and PATTERN MAKERS'
ASSOCIATION OF YORK AND VICINITY, AFFILIATED WITH THE PATTERN
MAKERS ' LEAGUE OF N. A., AND WITH THE A . F. OF L.
Cases Nos. R-1625 and R-1696, respectively.Decided December
9, 1939
Bakery and Chemical Equipment Manufacturing Industry-Investigation of
Representatives : stipulations between Company, Petitioning Unions, and Board
as to business of the Company , the questions concerning representation, the
appropriate units, and direction of elections-Elections Ordered
Mr. Joseph F. Castiello, for the Board.
Mr. Harry W. Lee, of York, Pa., for the Company.
Mr. Charles Sehl, of York, Pa., for the Association.
Mr. James A. Huddy, of York, Pa., for the League.
Mr. Sidney Sugerman, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASES
On August 17,1939, Local Lodge #243 International Association of
Machinists, herein called the Association, and on September 22, 1939,
Pattern Makers' Association of York and Vicinity, affiliated with the
Pattern Makers' League of N. A., and with the A. F. of L., herein
called the League, filed with the Regional Director for the Fourth
Region (Philadelphia, Pennsylvania) respective petitions alleging that
questions affecting commerce had arisen concerning the representation
of employees of Read Machinery Co., Inc., York, Pennsylvania,
herein called the Company, and requesting investigations and cer-
tifications of respective representatives pursuant to Section 9 (c) of
the National Labor Relations Act, 49 Stat. 449, herein called the Act.
On October 2, 1939, 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, ordered an investigation and authorized the Regional Director
18 N. L. It. B., No. 34.
224
READ MACHINERY COMPANY, INC. 225
to conduct it and to provide for an appropriate hearing upon due
notice; and, acting pursuant to Article III, Section 10 (c) (2), of said
Rules and Regulations, further ordered that the cases be consolidated
for the purposes of hearing and for all other purposes, and that one
record of the hearing be made.
On October 24, 1939, the Regional Director issued a notice of hear-
ing, copies of which were duly served upon the Company, upon the
Association, and upon the League. On November 16, 1939, before
any hearing was held, the Company, the Association, and the Board's
attorney entered into the following stipulation :
It is hereby stipulated by and between Read Machinery Co.,
Inc., herein called the Company; Local Lodge #243 Interna-
tional Association of Machinists, herein called the Association;
and Joseph F. Castiello, attorney for the National Labor Relations
Board, in the matter of Read Machinery Co., Inc., and Local
Lodge #243 International Association of Machinists, Case No.
IV-R-360, that:
1. Upon a petition duly filed by the Association on August 14,
1939, with the Regional Director for the Fourth Region, (Phila-
delphia, Pa.) alleging that a question affecting commerce had
arisen concerning the representation of employees of the Company
and requesting an investigation and certification of representa-
tives pursuant to Section 9 (c) of the National Labor Relations
Act, 49 Stat. 449, herein called the Act, the National Labor Re-
lations Board, herein called the Board, acting pursuant to Section
9 (c) of the Act and Article III, Section 3, of the National Labor
Relations Board Rules and Regulations, Series 2, ordered on
October 2, 1939, an investigation and authorized the Regional
Director to conduct it and to provide for an appropriate hearing
upon due notice. The Board, acting pursuant to Article III,
Section 10 (c) (2), of the said Rules and Regulations, further
ordered that the case be consolidated with Case No. IV-R-375,
for the purposes of hearing and for all other purposes, and that
one record of the hearing be made. The Regional Director on
October 24, 1939, issued a notice of hearing, copies of which were
duly served on the Company and upon the Association.
2. The Company is a Pennsylvania corporation, having been
duly organized and existing by virtue of the laws of the Common-
wealth of Pennsylvania since April 15, 1935, with its plant located
at South Richland Avenue, York, Pennsylvania, where it is en-
gaged in the manufacture of bakery and chemical equipment. The
Company's principal raw materials are lumber, steel, castings and
ferrous, nonferrous and miscellaneous alloys. These raw mate-
rials originate in all parts of the world and approximately 15%
226 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
are purchased and brought into the Commonwealth of Pennsyl-
vania from states of the United States other than the Common-
wealth of Pennsylvania. The finished products manufactured by
the Company, consisting of bakery and chemical equipment af ore-
said, are shipped and sold throughout the world. Approximately
850%0 of these finished products are sold and shipped by the Com-
pany to points outside of the Commonwealth of Pennsylvania.
The approximate volume of products manufactured by the Com-
pany during the last fiscal year was 483 units, with an approxi-
mate valuation of $1,000,000. The payroll of the Company for
the same period was $337,531.41. Approximately 225 persons are
in the employ of the Company.
3. The Company is engaged in interstate commerce within the
meaning of the Act, the decisions of the Board, and the decisions
of the Supreme Court of the United States.
4. Local Lodge #243 International Association of Machinists,
a labor organization within the meaning of Section 2 of the Act,
is affiliated with the American Federation of Labor.
5. A question of representation affecting commerce within the
meaning of the Act has arisen in that the Company refuses to
recognize the Association as the representative of its employees in
the unit set forth in paragraph 6, below, until the Association has
been certified as the proper representative by the Board.
6. All of the employees of the Company except pattern makers;
draftsmen, office workers and supervisory employees, constitute
a unit appropriate for the purposes of collective bargaining, and
the said unit will insure the employees the full benefit of their
right to self-organization and to collective bargaining, and other-
wise effectuate the policies of the Act.
7. The taking of testimony or evidence and the making of find-
ings of fact and conclusions by the Board pursuant. to the Act
are hereby expressly waived.
8. This stipulation, together with the Petition, Order of Con-
solidation and Directing Investigation and Hearing, Notice of
Hearing, and Rules and Regulations of the National Labor Rela-
tions Board, Series 2, may be introduced as evidence by filing
them with the Chief Trial Examiner of the Board at Washing-
ton, D. C..
9. Upon this stipulation, if approved by the Board and upon
the pleadings, the Board may issue a Direction of Election direct-
ing that, as part of the investigation authorized by the Board to
ascertain representatives for collective bargaining with the Com-
pany, an election by secret ballot shall be conducted as early as
possible, but not later than thirty (30) days from the date of said
READ IIAiCHINi 1 Y CODIPANY, INC. 227
Direction of Election, under the direction and supervision of
the Regional Director for the Fourth Region, acting in this
matter as agent for the Board and subject to Article III, Section
9, of the National Labor Relations Board Rules and Regulations,
Series 2, among all of the employees of the Read Machinery Co.,
Inc., except pattern makers, draftsmen, office workers and super-
visory employees, whose names appear on the pay roll last pre-
ceding the date of said Direction of Election, to determine whether
or not they desire to be represented for the purposes of collective
bargaining by Local Lodge #243 International Association of
Machinists, affiliated with the American Federation of Labor.
This stipulation, together with the papers recited in paragraph
8 above, the Direction of Election, the report on the results of said
election, and the papers which may be, filed by the parties pursuant
to Article III, Section 9 of the Board's Rules and Regulations,
Series 2, shall constitute the record of Case No. IV-8-360, and
this stipulation and the report on the result of said election shall
constitute competent evidence in the said case ; and on the basis
thereof the Board may make its certification or other disposition
of the case pursuant to Section 9 (c) of the Act.
10. It is further stipulated that the true and correct name of
the Company is Read Machinery Co., Inc. Wherever in the plead-
ings the Company is designated by any other name, the said plead-
ings shall be amended so as to conform to the true and correct
name.
11. This stipulation is subject to the approval of the Board.
12. This stipulation contains the entire agreement of the parties
and there is no verbal agreement of any kind which varies, alters
or adds to this stipulation.
On November 16, 1939, before any hearing was held, the Company,
the League, and the Board's attorney entered into the following stip-
ulation :
It is hereby stipulated by and between Read Machinery Co.,
Inc., herein called the Company; Pattern Makers' Association of
York and Vicinity, affiliated with the Pattern Makers' League of
N. A., and with the A. F. of L., herein called the League; and
Joseph F. Castiello, attorney for the National Labor Relations
Board, in the matter of Read Machinery Co., Inc., and Pattern
Makers' Association of York and Vicinity, affiliated with the Pat-
tern Makers' League of N. A., and with the A. F. of L., Case
No. IV-8-375 that :
1. Upon a petition duly filed by the League on September 20,
1939, with the Regional Director for the Fourth, Region (Phila-
delphia, Pennsylvania), alleging that a question affecting com-
228 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
merce had arisen concerning the representation of employees of
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, the National
Labor Relations Board, herein called the Board, acting pur-
suant to Section 9 (c) of the Act and Article III, Section 3, of
National Labor Relations Board Rules and Regulations, Series 2,
ordered on October 2, 1939, an investigation and authorized the
Regional Director to conduct it and to provide for an appropriate
hearing upon due notice. The Board, acting pursuant to Article
III, Section 10 (c) (2) of the said Rules and Regulations,
further ordered that the cases be consolidated for the purposes
of hearing and for all other purposes, and that one record of the
hearing be made. The Regional Director, on October 24, 1939,
issued a notice of hearing, copies of which were duly served on
the Company and upon the League.
2. The Company is a Pennsylvania corporation, having been
duly organized and existing by virtue of the laws of the Com-
monwealth of Pennsylvania since April 15, 1935, with its plant
located at South Richland Avenue, York, Pennsylvania, where
it is engaged in the manufacture of bakery and chemical equip-
ment. The Company's principal raw materials are lumber, steel,
castings, and ferrous, non-ferrous and miscellaneous alloys.
These raw materials originate in all parts of the world, and ap-
proximately 15 per cent are purchased and brought into the
Commonwealth of Pennsylvania from States of the United States
other than the Commonwealth of Pennsylvania. The finished
products manufactured by the Company, consisting of bakery
and chemical equipment aforesaid, are shipped and sold through-
out the world. Approximately 85 per cent of these finished prod-
ucts are sold and shipped by the Company to points outside of the
Commonwealth of Pennsylvania. The approximate volume of
products manufactured by the Company during the last fiscal
year was 483 units, with an approximate valuation of $1,000,000.
The pay roll of the Company for the last fiscal year was
$337,531.41. Approximately 225 persons are in the employ of
the Company.
3. The Company is engaged in interstate commerce within the
meaning of the Act, the decisions of the Board, and the decisions
of the Supreme Court of the United States.
4. Pattern Makers' Association of York and Vicinity, affiliated
with the Pattern Makers' League of N. A., and with the A. F.
of L., is a labor organization within the meaning of Section 2
of the Act.
RD AD MACHINE'RY COMPANY, INC. 229
5. A question of representation affecting commerce within the
meaning of the Act has arisen in that the Company refuses to
recognize the League as the representative of its employees in
the unit set forth in paragraph 6 below, until the League has been
duly certified as the proper representative by the Board.
6. The pattern makers, exclusive of supervisory employees of
the Company , constitute a unit appropriate for the purposes of
collective bargaining , and the said unit will insure the 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.
7. The taking of testimony or evidence and the making of
findings of fact and conclusions by the Board pursuant to the
Act, are hereby expressly waived.
8. This stipulation , together with the Petition , Order of Con-
solidation and Directing Investigation and Hearing , Notice of
Hearing and Rules and Regulations of the National Labor Rela-
tions Board, Series 2, may be introduced as evidence by filing
them with the Chief Trial Examiner of the Board at Washing-
ton, D. C.
9. Upon this stipulation , if approved by the Board , and upon
the pleadings , the Board may issue a Direction of Election direct-
ing that, as part of the investigation authorized by the Board to
ascertain, representatives for collective bargaining with Read
Machinery Co., Inc., an election by secret ballot shall be conducted
as early as possible , but not later than thirty ( 30) days from the
date of said Direction of Election under the direction and super-
vision of the Regional Director for the Fourth Region acting in
this matter as agent for the Board and subject to Article III,
Section 9 , of the National Labor Relations Board Rules and
Regulations , Series 2, among the pattern makers, exclusive of
supervisory employees , whose names appear on the pay roll last
preceding the date of said Direction of Election , to determine
whether or not they desire to be represented for the purposes of
collective bargaining by the Pattern Makers' Association of York
and Vicinity , affiliated with the Pattern Makers ' League of N. A.,
and with the A. F. of L.
This stipulation , together with the papers recited in paragraph
8 above, the Direction of Election , the report on the results of said
election, and the papers which may be filed by the parties pursuant
to Article III, Section 9 of the Board's Rules and Regulations,
Series 2, shall constitute the record of Case No. IV-R-375, and
this stipulation and the report on the result of said election shall
constitute competent evidence in the said case; and on the basis
230 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
thereof the Board may make its certification or other disposition
of the case pursuant to Section 9 (c) of the Act.
10. It is further stipulated that the true and correct name of
the Company is Read Machinery Co., Inc. Wherever in the
pleadings the Company is designated by any other name, the said
pleadings shall be amended so as to conform to the true and
correct name.
11. This stipulation is subject to the approval of the Board.
12. This stipulation contains the entire agreement of the parties
and there is no verbal agreement of any kind which varies, alters
or adds to this stipulation.
On November 21, 1939, the Board issued its order approving the
above stipulations, making them a part of the record in the cases, and,
pursuant to Article III, Section 10, of National Labor Relations Board
Rules and Regulations-Series 2, transferring the cases to and con-
tinuing them before the Board for action pursuant to the provisions
of the said stipulations.
Upon the basis of the above stipulations and the entire record in the
cases, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Read Machinery Co., Inc., a Pennsylvania corporation having its
plant at York, Pennsylvania, is engaged in the manufacture of bakery
and chemical equipment. Approximately 15 per cent of the principal
raw materials used in manufacture are purchased and brought into
the Commonwealth of Pennsylvania from other States. Approxi-
mately 85 per cent of the finished products are sold and shipped to
points outside Pennsylvania. During its last fiscal year the Company
manufactured about 483 units of equipment, having a value of about
$1,000,000. The pay roll of the' Company for the same period was
$337,531.41. The Company employs about 225 persons.
II. THE ORGANIZATIONS INVOLVED
Local Lodge #243 International Association of Machinists is a
labor organization affiliated with American Federation of Labor.
Pattern Makers' Association of York and Vicinity, affiliated with the
Pattern Makers' League of N. A., and with the A. F. of L., is a labor
organization.
Ill. THE QUESTIONS CONCERNING REPRESENTATION
The Company refuses to recognize the Association or the League
as the representative of its employees in the respective appropriate
READ MAiCHINEUY COMPANY, INC. 231
unit set forth in Section V below, until the Board has certified the
Association and the League as such representatives.
We find that questions have arisen concerning representation of
employees of the Company.
IV. THE EFFECT OF THE QUESTIONS CONCERNING REPRESENTATION UPON
COMMERCE
We find that the questions concerning representation which have
arisen, occurring in connection with the operations of the Company
described in Section I above, have a close, intimate, and substantial
relation to trade, traffic, and commerce among the several States, and
tend to lead to labor disputes burdening and obstructing commerce
and the free flow of commerce.
V. THE APPROPRIATE UNITS
We find that all the employees of the Company, excluding pattern
makers, draftsmen, office workers, and supervisory employees, consti-
tute a unit appropriate for the purposes of collective bargaining,
and that said 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.
We find that all the pattern makers employed by the Company, ex-
clusive of supervisory employees, constitute a unit appropriate for the
purposes of collective bargaining,2 and that said 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.
We find that the questions concerning representation can best be
resolved by means of elections by secret ballot.
Upon the basis of the above findings of fact, the foregoing stipula-
tions, and the entire record in the cases, the Board makes the following :
CONCLUSIONS OF LAW
1. Questions affecting commerce have arisen concerning the repre-
sentation of employees of Read Machinery Co., Inc., York, Pennsyl-
vania, within the meaning of Section 9 (c) and Section 2 (6) and (7)
of the National Labor Relations Act.
2. All the employees of the Company, excluding pattern makers,
draftsmen, office workers, and supervisory employees, constitute a unit
appropriate for the purposes of collective bargaining, within the mean-
ing of Section 9 (b) of the Act.
' The Association 's petition requests certification as representative in this unit only.
2 The League 's petition requests certification as representative in this unit only.
283029-41-vol. 1810
232 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
3. All the pattern makers employed by the Company, exclusive of
supervisory employees, constitute a unit appropriate for the purposes
of collective bargaining, within the meaning of Section 9 (b) of
the 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,
49 Stat. 449, and pursuant to Article III, Section 8, of National Labor
Relations Board Rules and Regulations-Series 2, it is hereby
Dri cTED that,. as part of the investigation authorized by the Board
to ascertain respective representatives for the purposes of collective
bargaining with Read Machinery Co., Inc., York, Pennsylvania, elec-
tions by secret ballot shall be conducted as early as possible but not
later than thirty (30) days from the date of this Direction of Elections,
under the direction and supervision of the Regional Director for the
Fourth Region, acting in these matters as agent for the National
Labor Relations Board, and subject to Article III, Section 9, of said
Rules and Regulations, among all the employees of Read Machinery
Co., Inc., who were employed by the Company during the pay-roll
period last preceding the date of this Direction, including employees
who did not work during such pay-roll period because they were ill
or on vacation, and employees who were then or have since been tem-
porarily laid off, but, excluding pattern makers, draftsmen, office
workers, supervisory employees, and any employees who have since
quit or been discharged for cause, to determine whether or not they
desire to be represented by Local Lodge #243 International Associa-
tion of Machinists, for the purposes of collective bargaining; and
among all the pattern makers who were employed by the Company
during the pay-roll period last preceding the date of this Direction,
including pattern makers who did not work during such pay-roll
period because they were ill or on vacation, and pattern makers who
were then or have since been temporarily laid off, but excluding
supervisory employees and any pattern makers who have since quit'
or been discharged for cause, to determine whether or not they desire
to be represented by Pattern Makers' Association of York and Vicinity,
affiliated with the Pattern Makers' League of N. A., and with the
A. F. of L., for the purposes of collective bargaining.