Seneca Falls Machine Co.

National Labor Relations Board - Board Decisions

Oct 27, 1944

58 N.L.R.B. 1413 (N.L.R.B. 1944)

In the Matter Of SENECA FALLS MACHINE COMPANY and UNITED STEEL
WORKERS OF AMERICA-C. I. O.
Case No. 3-R-863.-Decided October 27, 1944
Fraser Brothers, by Mr. Henry S. Fraser, of Syracuse, N. Y., for
the Company.
Mr. Bert Danquer, of Syracuse, N. Y., for the Steelworkers.
Mr. Harry I. Siicith, of Buffalo, N. Y., and Clark H. Goodrich, of
Seneca Falls, N. Y., for the I. A. M.
Mr. Paul Bisgyer', of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
Upon a petition duly filed by United Steelworkers of America-
C. I. 0., herein called the Steelworkers, alleging that a question affect-
ing commerce had arisen concerning the representation of employees
of Seneca Falls Machine Company, Seneca Falls, New York, herein
called the Company, the National Labor Relations Board provided for
an appropriate hearing upon due notice before Peter J. Crotty, Trial
Examiner. Said hearing was held at Syracuse, New York, on October
2, 1944. The Company, the Steelworkers, and International Associa-
tion of Machinists, American Federation of Labor, herein called the
I. A. M.,' appeared and participated. All parties were afforded full
opportunity to be heard, to examine and cross-examine witnesses, and
to introduce evidence bearing on the issues. At the close of the hear-
ing, the Company moved to dismiss the Steelworkers' petition and the
I. A. M.'s "petition, if any." The Trial Examiner referred the mo-
tions to the Board for determination. For reasons appearing in Sec-
tion III, infra, the motions are denied. •The Trial Examiner's rulings
made at the hearing are free from prejudicial error and are hereby
affirmed. All parties were afforded an opportunity to file briefs with
the Board.
' Over the Company 's objection , the Trial Examiner granted the 1. A. M's motion to
intervene.
58 N L R B, No. 258.
1413
1414 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I TIIE BUSINESS OF THE COMPANY
Seneca Falls Machine Company, a Massachusetts corporation, is
normally engaged in the manufacture of machine tools at its plant in
Seneca Falls, New York. At the present time, it is also engaged under
a special war contract in the production of shells. During 1943, the
Company used at said plant raw materials exceeding $100,000 in
value, of which more than 10 percent represents shipments from points
outside the State of New York. During the same period, products
finished at said plant exceeded $200,000 in value, of which more than
50 percent was shipped to points outside that State.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
United Steelworkers of America, affiliated with the Congress of
Industrial Organizations, isa labor organization admitting to me3n-
bership employees of the Company.
International Association of Machinists, affiliated with the Ameri-
can Federation of Labor, is a labor organization admitting to mem-
bership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
By letter dated August 8, 1944, the Steelworkers notified the Com-
pany that it represented a majority of its employees and requested a
conference for the purpose of negotiating an agreement. On Au-
gust 14, 1944, the Company refused the Steelworkers' request:
A statement of a Board Field Examiner, introduced into evidence
at the hearing, indicates that the Steelworkers represents a substan-
tial number-of employees in the unit it alleges to be appropriate.2
2 The Field Examinei ieported that the Steelworkers and the I A Al submitted 172 and
30 authorization cards, respectiveli, and that the alleged appropriate unit contained
approximately 250 employees Since the Company refused to furnish prior to the hearing,
a pay-roll list of employees against which a check of the authorization cards could he
made, the Field Examiner was unable to do so In view of this fact, the Trial Examiner
stated on the record that, after the close of the heairng, he would make the check against
the pay-roll lists of employees which weie put in evidence by the Company, and report the
results of the iii',estigation to the Board as pact of the record Accordingly, subsequent to
the hearing, the Trial Examiner filed an Amended Repoit on Investigation of Interest of
Contending Labor Ofganizations, which shows as follows
(1) That the Steelworkers submitted 166 authorization cards hearing the names of
persons appearing on the Compani's psi roll of September 23, 1944,, which contained the
names of 255 employees in the alleged appr prate unit
SENECA FALLS MACHINE COMPANY 1415
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 APPPROPRIATE UNIT; THE DETERMINATION OF REPRESENTATIVES
The Steelworkers seeks a unit of all the Company's production
and maintenance employees, including stationary firemen, and group
leaders, but excluding office and clerical employees, watchmen, guards,
engineering department employees, superintendents, foremen,. as-
sistant foremen, and all other supervisory employees. The I. A. AT.
requests a unit of all the production and maintenance employees in
the machine shop, including stationary firemen, but excluding group
leaders, and all supervisory personnel. Except for stationary fire-
men and group leaders whom the Company would exclude, the Corn-
pany approves the unit sought by the Steelworkers.
The Company's plant consists of a foundry and machine shop
housed in separate buildings, but which are connected to each other
by a passageway.' The entire plant is operated as a functional unit
under the supervision of the general manager. Below the general
manager in the supervisory hierarchy is a superintendent in charge of
the foundry, and another superintendent in charge of the machine
shop, both of whom are independent of each other. The foundry
makes castings from which shells and machine tools are fashioned in
the machine shop, and the machine shop occasionally makes some
equipment for the foundry. The foundry also makes castings, appar-
ently on a small scale, for the Company's customers without the per-
(2) That the I A Al submitted 33 authorization cants bearing the names of persons
appearing on the same pay roll
The recoi:d indicates that there are approximately 230 employees in the unit sought
by the I A Al
The Company moves for dismissal of the Steelworkers petition and the I A Al 's "peti-
tion, it any " ' on the ground that no admissible evidence vwas presented establishing that
either union was designated by the Company's employees as their representative It
argues that the above-nientioned reports of the Field and the Ti ial Examiners are hearsay
and not the best evidence, and to accord then the weight of competent evidence of the
statements contained therein without aftording the Company an opportunity to cross-
examine the Field and Trial ECammeis and to inspect the authorization cards described
therein, would violate its rights guaranteed by the Fifth Amendment to the Constitution.
We find no ineiit in these contentions As we have frequently stated, the report of a
Board agent with respect to a claim of authorization for the purposes of representation is
taken, not as proof of the precise number of employees who desire to be repiesented by a
labor organization, but rather, to protect the Company and the Board from unfounded
claims by such organizations and to give reasonable assumance that it substantial number
of employees desire to be so represented " Matter of Autos-Thompson Corporation, 49
N. L R B. 423, 425 (footnote) Furthermore, ` The snbnusoion of cards is an administra-
tive expedient adopted by the Board to determine for itself whether or not a question con-
cerning representation has arisen It is a part of the lionid's investigatoiy procedure
" Matter of Buffalo Arms Corporation. 57 N L It B 1560
'For want of space, the Company also occupies temporal ilv a steel room in another part
of Seneca Falls, v, here two or three of its employees work
1416 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
formance of any machining process by the machine shop. The em-
ployees of the foundry and machine shop punch the same time clock,
are included in the same pay roll, have the same vacation privileges, are
subject to the same group insurance plan, and normally work the
same hours . While permanent transfers of personnel from one shop
to the other are rare, yet , when one shop is short-handed the other
may furnish the required assistance.
The foregoing facts clearly demonstrate that, because of the inte-
grated character of the Company 's operations , a. single production
and maintenance unit of *all the Company 's employees could be found
to be appropriate for collective bargaining purposes. On the other
hand, in view of the substantial difference in the kind of work per-
formed by the foundry employees and the machine shop employees,
it is apparent that each group may properly constitute a separate
unit. Accordingly , we shall first ascertain the desires of the em-
ployees themselves before making a final determination with respect
to the appropriate unit.
We now turn to a consideration of the disputed categories of
employees.
Stationary Firemen: With the onset of cold weather, the Company
anticipates hiring two or three stationary firemen to attend to the
heating of the plant . They will work in the boiler room which is
located in the foundry . However, they will come under machine
shop supervision. While the Steelworkers would include stationary
firemen in a plant-wide production and maintenance unit, the I. A. M.
would include them as part of the machine shop. The Company
urges their exclusion from either proposed unit. In view of the fact
that stationary firemen will come under the machine shop supervision,
we shall include them in the machine shop unit.
Group leaders : There are seven group leaders in the machine shop,,
and one in the foundry . They are highly experienced employees, each
of whom supervises a group of workers. They distribute work to
their subordinates , instruct them, and are responsible for the amount
of their production. They receive a higher rate of pay than the men
they supervise and may perform manual work. The record discloses
that the group leaders have power to discipline and effectively to rec-
ommend wage increases and changes in the status of their subordinates.
Since it appears that group leaders fall within our customary defini-
tion of supervisory employees, we shall exclude them.
We shall direct elections by secret ballot to be conducted among the
employees of the Company in the following groups who were employed
during the pay-roll period immediately preceding the date of our
Direction of Elections, subject to the limitations and additions set
forth therein :
SENECA FALLS MACHINE COMPANY 1417'
. (1) All production and maintenance employees in the machine
shop, including stationary firemen, but excluding the superintendent,
foremen, assistant foremen, group leaders , and all other supervisory
employees with authority to hire, promote , discharge, discipline, or
otherwise effect changes in the status of employees , or effectively rec-
ommend such action, to determine whether they desire to be repre-
sente.d by the Steelworkers or the I. A. M., or - neither;
(2) All remaining production and maintenance employees , but ex-
cluding office and clerical employees , watchmen , guards , engineering
department employees , superintendents, foremen, assistant foremen,
group leaders, and all other supervisory employees with authority to
hire, promote , discharge , discipline , or otherwise effect changes in the
status of employees, or 'effectively recommend such action , to deter-
mine whether or not they desire to be represented by the Steelworkers.
Upon the results of the election will depend, in part, 'our determi-
nation of the appropriate unit or units.
There are certain employees whom the Company hired in connec-
tion with its shell production operations . Apparently, the Company
regards them as temporary employees for the reason that their em-
ployment may terminate at 'some indefinite time in the future upon the
Government 's cancellation of the contract under which the Company
is manufacturing shells. Since they are presently ' production em-
ployees, subject to the same working conditions as other employees,
they shall be eligible to vote in the elections hereinafter directed.
The Company urges that its employees now on military leave be
permitted to vote by mail. For reasons stated in the Aline Safety
Appliance Co. case,' we shall direct that only persons in the armed
forces who present themselves at the polls may vote in the election.
DIRECTION OF ELECTIONS
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 3, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain repre-
sentatives for the purposes of collective bargaining with Seneca-
Falls Machine Company, Seneca Falls, New York, separate elections
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 di-
rection and supervision of the Regional Director for the Third Re-
gion, acting in this matter as agent for the National Labor Relations
455 N. L R . B. 1190.
1418 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Board, and subject to Article III, Sections 10 and 11, of said Rules
and Regulations, among the following employees who were employed
during the pay-roll period immediately preceding the date of this
Direction, including employees who did not work during the 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 and have
not been rehired or reinstated prior to the date of the elections
(1) All production and maintenance employees in the machine
shop, including stationary firemen, but excluding the superintendent,
foremen, assistant foremen, group leaders, and all other supervisory
employees with authority to hire, promote, discharge, discipline, or
otherwise effect changes in the status of employees, or effectively
recommend such action, to determine whether they desire to be repre-
sented by United Steelworkers of America-C. I. 0., or by Interna-
tional Association of Machinists, American Federation of Labor, for
the purposes of collective bargaining, or by neither;
(2) All production and maintenance employees, excluding office
and clerical employees, watchmen, guards, engineering department
employees, all employees included in group (1) above, superintend-
ents, foremen, assistant foremen, group leaders, and all other
supervisory employees with authority to hire, promote, discharge, dis-
cipline, or otherwise effect changes in the status of employees, or effec-
tively recommend such action, to determine whether or not they desire
to be represented by United Steelworkers of America-C. I. 0., for the
purposes of collective bargaining.
MR. JOHN Al. HOUSTON took no part in the consideration of the
above Decision and Direction of Elections.