Schutte & Koerting Co.

National Labor Relations Board - Board Decisions

Sep 13, 1948

79 N.L.R.B. 599 (N.L.R.B. 1948)

In the Matter of SCHUTTE & KOERTING COMPANY, EMPLOYER and PAT-
TERN MAKERS LEAGUE OF NORTH AMERICA, PHILADELPHIA ASSOCIA-
TION and INTERNATIONAL UNION, UNITED AUTOMOBILE, AIRCRAFT
AND AGRICULTURAL IMPLEMENT WORKERS OF AMERICA, C. I. O., PE-
TITIONEItS
Case Nos. 4-RC-111 and 4-RC-159.-Decided September 13,1948
DECISION
AND
DIRECTION OF ELECTIONS
Upon separate petitions duly filed, a consolidated hearing was held
before a hearing officer of the National Labor Relations Board. The
hearing officer's rulings made at the hearing are free from prejudicial
error and are hereby affirmed.'
Upon the entire record in this case, the Board finds :
1. The Employer is engaged in commerce within the meaning of the
National Labor Relations Act.
2. The labor organizations named below claim to represent em-
ployees of the Employer.
3. A question affecting commerce exists concerning the representa-
tion of employees of the Employer, within the meaning of Section t9
(c) (1) and Section 2 (6) and (7) of the Act.
4. The appropriate unit :
The Pattern Makers League of North America, Philadelphia Asso-
ciation, hereinafter called Pattern Makers, seeks a unit composed of
' Before the hearing, United Electrical , Radio & Machine Workers of America, Local 155.
herein called U. E., which is not in compliance with Section 9 (f) and ( h) of the Act, filed
a motion to intervene with the Regional Director . It alleged that an existing contract was
a bar to this proceeding . Upon investigation , the Regional Director denied the motion.
The U. it. appealed this ruling to the Board . At the hearing , the U. E. renewed its motion
to intervene and further moved for adjournment pending the Board ' s ruling on its appeal.
The hearing officer denied both motions . The day following the hearing , the Board con-
sidered the U. E.'s appeal and found that the Regional Director ' s order denying the motion
to intervene was justified.
The evidence in the record , which includes the 'U. E .'s contract with the Employer, clearly
indicates that the contract had terminated before the hearing, and that it is not a bar.
We again find that the U. E. did not have a current contractual interest at the time of the
hearing, and that it was in fact properly denied leave to intervene.
79 N. L. R. B., No. 80.
599
600 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
journeymen pattern makers and apprentices employed by the Em-
ployer at its pattern shop in Philadelphia, Pennsylvania. Interna-
tional Union, United Automobile, Aircraft and Agricultural Imple-
ment Workers of America, C. I. 0., hereinafter called U. A. W., seeks
a unit composed of all production, and maintenance employees em-
ployed by the Employer in its two plants located in Philadelphia and
Cornwells, Pennsylvania, excluding all clerical employees, all pattern
makers and apprentices, guards, and all supervisors as defined in the
Act. The Employer contends that the appropriate unit should be
composed of all production and maintenance employees of both plants,
including the pattern makers, but excluding clerical employees, guards,
and supervisors.
The Employer is engaged at its Philadelphia and Cornwells, Penn-
sylvania, plants in the manufacture of equipment for the power and
chemical process industries. Although the plants are 18 miles apart,
they have a single production manager, personnel department, and
pay-roll department, and there is some interchange of personnel be-
tween the two plants. In 1946 and 1947, the Employer and the U. E.
bargained for a unit of production and maintenance employees in
both plants together and executed a single contract. None of the
parties contends that the production and maintenance employees of
both plants may not be combined in a single unit, and we find that
such a unit is appropriate.'
All the Employer's pattern makers and apprentices work in a pat-
tern shop which occupies practically the entire fourth floor of the
Employer's Philadelphia. plant. They are under the direct supervi-
sion of a patternmaker foreman and are not required to leave the pat-
tern shop at any time to perform their work. They must serve 5 years
as apprentices before becoming journeymen pattern makers. As the
journeymen pattern makers and apprentices constitute a highly skilled
and well-recognized craft group, we find that they may constitute a
separate unit.'
We shall direct that separate elections be held ,among the employees
in the voting groups described below, excluding all supervisors as
defined in the Act.
1. All journeymen pattern makers and apprentices.
2. All production and maintenance employees employed by the
Employer in both of its plants, excluding all clerical employees, all
pattern makers and apprentices, and all guards.
2 However , the Employer 's pattern makers, who are sought to be represented by the
Pattern Makers , are employed only at the Philadelphia plant.
2 The pattern makers have been included in the contracts covering the production and
maintenance unit executed by the Employer and the U. E.
SCHUTTE & KOERTING COMPANY 601
However, we shall make no final unit determination at this time, but
shall be guided in part by the desires of these employees as expressed
in the election hereinafter directed. If a majority of those voting in
the election held in group (1) vote for the Pattern Makers, they will
)be, taken 'to '-have indicated- their-'desire to `coiistitiite (a =aepai ate ap-
- propriate %un^it.
DIRECTION -OF ELECT'ION`S
As part of the investigation to ascertain representatives for the
purposes of collective 'bargaining with the Employer, elections by
secret ballot shall be conducted as•early as possible, but not later than
30 days from the date of this Direction, under the direction and
supervision of the Regional Director for the Fourth Region, and sub-
ject to Sections 20.6-1 land-203.692 of National Labor Relations Board
Rules and Regulations-Series 5, among the employees in the voting
groups listed in paragraph 4, above, who were einployed'during the
pay-roll period -immediately preceding the date of this Direction, in-
cluding 'employees who did not 'work -during -said 'pay-roll period
because they were ill or on vacation or temporarily laid dff, but ex-
cluding those -employees who 'have since 'quit or been discharged for
cause and have not been rehired or reinstated prior to the date of the
'elections and also excluding employees on strike who are not -entitled
to reinstatement, to determine :
Whether the employees in group (1) desire to 'be 'represented for
purposes of collective-bargaining by Pattern MakersLeague•of North
America, Philadelphia Association, or by International Union, United
Automobile, Aircraft and Agricultural Implement Workers of
America, C. 1. 10., or by neither.
Wheth'er'or not'the employees in group (2) desire to be represented
for purposes of collective bargaining by International Union, United
Automobile, Aircraft and Agricultural Implement Workers of Amer-
ica, C. I. O.
MEMBER REYNOLDS took ono lpart in the 'eohsiderdtion of the ab'ove
Decision and Direction of Elections.