SKF Industries, Inc.

National Labor Relations Board - Board Decisions

Nov 13, 1943

53 N.L.R.B. 608 (N.L.R.B. 1943)

In the Matter of SKF INDUSTRIES , INC., and INTERNATIONAL BROTHER-
HOOD OF ELECTRICAL WORKERS, LOCAL UNIONS Nos. 98 AND 380,
A.F.L.
In the Matter of SKF INDUSTRIES, INC. and INTERNATIONAL ASSOCIA-
TION OF MACHINISTS DISTRICT LODGE No. 1 '
In the Matter of SKF INDUSTRIES , INC. and UNITED STEELWORKERS
OF AMERICA
In the Matter of SKF INDUSTRIES , INC. and UNITED ELECTRICAL,
RADIO & MACHINE WORKERS OF AMERICA
Cases Nos. 4-R-1141, 4-R-1171, 4-R-1192 and 4-R-1009 respec-
tively.-Decided November 13, 1943
Mr. Walter Gordon Merritt, of New York City, for the Company.
Mr. J. T. Rogan, of Philadelphia, Pa., and Mr. Clayton Smith, of
Morristown , Pa., for the I. B. E. W.
Mr. William Dameron and Mr. Joseph Greenwood, of, Philadelphia,
Pa., for the I. A. M.
Mr. M. H. Goldstein, of Philadelphia, Pa., for the USA.
Mr. David Scribner of New York City, and Mr. Saul Waldbaum, of
Philadelphia, Pa., for the UE.
Mr. J. F. Hippel and Mr. F. E. Hann, Jr., of Philadelphia, Pa.,
for,the Association.
Miss Melvern R. IKrelow, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
• Upon petitions duly filed by International Brotherhood of Electri-
cal Workers, Local Unions Nos. 98 and 380, AFL, herein called the
IBEW, International Association of Machinists District Lodge No. 1,
herein called the IAM, United Steelworkers of America, herein called
the USA, and United Electrical, Radio & Machine Workers of Amer-
ica, herein called the UE, alleging that questions affecting commerce
had arisen concerning the representation of employees of SKF In-
53 N. L. R. B., No. 109.
608
SKF fINDUSTRIES', INC. 609
dustries, Inc., Philadelphia, Pennsylvania, herein called the Company,
the National Labor Relations Board consolidated the cases and pro-
vided for an appropriate hearing upon due notice before William
Strong, Trial Examiner. Said hearing was held at Philadelphia,
Pennsylvania, on October 7, 1943. The Company, the IBEW, the
TAM, the USA, the UE, and SKF Employees' Association, herein
called the Association, appeared, participated, and were afforded
full opportunity to be heard, to examine and cross-examine witnesses,
and to introduce evidence bearing on the issues. The Trial Examiner's
rulings made at the hearing are free from prejudicial error and are
hereby affirmed. All parties were afforded opportunity to file briefs
with the Board.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
SKF Industries, Inc., a corporation, is engaged in the production
and sale of ball and roller bearings and other minor products. Its
sales annually exceed $35,000,000, of which over 75 percent is shipped
to the Company from points outside the Commonwealth of Penn-
sylvania. The Company purchases raw materials valued in excess of
$8,000,000, annually, of which over 60 percent is shipped to the Com-
pany from points outside the Commonwealth of Pennsylvania. The
Company's principal office is located on Front Street and Erie Avenue,
Philadelphia, Pennsylvania, and three of its plants are in that im-
mediate locality. The fourth plant is in the township of East Gwy-
nedd, Montgomery County, Pennsylvania, approximately 20 miles
from the other plants. The Company concedes that it is engaged in
commerce within the meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
International Brotherhood of Electrical Workers, Local Unions
Nos. 98 and 380, and International Association of Machinists District
Lodge No. 1, are labor organizations affiliated with the American Fed-
eration of Labor, admitting to membership employees of the Company.
United Steelworkers of America and United Electrical, Radio &
Machine Workers of America are labor organizations affiliated with
the Congress of Industrial Organizations, admitting to membership
employees of the Company.
SKF Employees' Association is an unaffiliated labor organization,
admitting to membership employees of'the Company.
610 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
III. THE QUESTIONS CONCF.RNINC RFPRESF:NTATIO:.
The Company stipulated at the hearing that on various.dates pre-
ceding the filing of the petitions herein, each of the petitioners re-
quested the Company to recognize and bargain with it, and that
the Company then ref used and still refuses to bargain with petition-
ers.
In May 1937, and again in December 1941, the Company and the
Association entered into a contract under which the Company recog-
nized the Association as the exclusive bargaining agent, of all of, its
employees in plants 1 and 2.1 The 1941 contract expired on June .3,0,
1943, and negotiations for a new contract were begun prior to that,
date. A new contract was executed on June 23, 1943, and was ratified
by the Association sometime in July 1943. Prior to June 28, 1943,
the Company was notified by the, TAM and the UE of their respective
membership and majority representation claims. The IBEW filed
its petition on May 28, 1943, and the USA notified the Company on
June 30, 1943, of its claim. The association urges the contract as a
bar to a determination of representatives. However, since the Com-
pany was informed of the representation claims of the petitioners
herein prior to the ratification of the contract in July, we find that
the contract is not a bar to a determination of representatives at this
time.
Statements of a Field Examiner of the Board introduced in evidence
at and subsequent to the hearing, indicate that the IAM, the UE, the
USA, and the IBEW represent a substantial number of the Com
pany's employees in the unit each contends is appropriate.2
1 Plants 3 and 4 were not in existence in December 1941. ' As those plants came into
being, the terms of the contract were extended to apply to them.
2 The Field Examiner reported that the IBEW presented 44 authorization cards, bearing
apparently genuine signatures , of which 36 are the names of persons whose names appear
on the Company 's active personnel file of July 31, 1943, which contains the names of 42
employees in the unit alleged by the IBEW as appropriate . Thirty-four cards are dated
between January 1 and August 1, 1943, and 2 are undated . At the hearing, the Company
stated that there were approximately 60 electrical maintenance workers then employed
The USA presented 1,562 authorization cards, bearing apparently genuine signatures, of
which 1,177 are the names of persons whose names appear on the Company 's active per-
sonnel file of July 31, 1943, which contains the names of approximately 4,327 employees
i n the unit alleged by the USA as appropriate . Of the 1,177 cards, • 2 are dated In 1941,
55 between January 1 and December 31, 1942, 989 between January . 1 and August 1, 1943,
and 131 are undated. Subsequent to the hearing the USA submitted 424 additional cards,
hearing apparently genuine signatures , of which 360 are the names of persons whose names
appear on the Company's active personnel file of July , 31, 1943 . The 360 cards are dated
in August and September 1943 No check was made for duplications of the 360 cards as
against the 1,177 '
,
i
The IAM submitted 1,215 authorization cards, bearing apparently genuine signatures, pf
which 635 are names of persons whose names appear on the Company's active personnel
file of July 31, 194:1 , which contains the names ' of uppioximately 4.327 , employees In the unit
alleged by the IA-,NI as appropriate. Of the 625 cards , 1 was dated In 1941, , 70 betn,jen
January 1 and December 31, 1942, 482 between January 1, and August 1, 1943, • and 8l
undated
The UE submitted 776 authorization cards, bearing apparently genuine signatures, all
of which bear the names of persons whose names are on the Company's active personnel
SXF INDUSPRJES, INC. 611
We find that questions affecting commerce have arisen concerning
the representation of employees of the Company, within the mean-
ing of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNITS; THE DETERMINATION OF REPRESENTATIVES
With regard to the- specific unit categories, the USA, the IAM, the
UE, and the Association are in general agreement that all produc-
tion and maintenance employees paid on an hourly and piece-work
basis, but excluding office, clerical employees, and all supervisory
employees with authority to hire, promote, discharge, discipline, or
otherwise effect changes in the status of employees or effectively
recommend such action , should comprise an appropriate unit. How-
ever, the USA, the IAM, and the UE would exclude guards; the
Association would include them. The USA would also exclude labora-
tory employees, part-time employees paid on an hourly basis who
would be hourly paid were they on full time, and set-up men; the
IAM, the UE, and the Association would include them. The IBEW
contends that the electrical maintenance employees should constitute
a separate appropriate unit, whereas the USA, the IAM, the UE, and
the Association would include them in the production and mainte-
nance group.
The Company maintains four plants, three in Philadelphia and the
fourth in East Gwynedd, Pennsylvania. The USA and the IAM
contend that plants 1, 2, and 3 constitute a single appropriate unit;
the UE contends that plant 4 constitutes a separate appropriate unit.
The Association and the Company contend that the four plants con-
stitute a single appropriate unit. The IBEW contends that its unit
should comprise the electrical maintenance employees of all four
plants. Plants 1, 2, and 3, are situated adjacent to each other in
Philadelphia, Pennsylvania; plant 4 is located approximately 20
miles from the other three plants. Plants 1, 2, and 3, are operated
administratively as an integrated group. Plant 4, on the other hand,
is leased by the Company from the Defense Plant Corporation, and
maintains separate pay rolls and personnel records, and a separate
hiring office. Due to transportation problems, the hours of work
differ as between plant 4 and the other plants. The majority of the
employees in plant 4 are recruited from that area. Company repre-
sentatives in plant 4 are vested, except in doubtful cases, with sole
authority to discharge employees. There is also maintained in plant,
file of July 31, 1943, which contains the names of approximately 1,532 employees in the
unit the UE alleges as appropriate . Of the 776, cards , 15 are dated between July 1 and
December 31, 1942 , 595 between January 1 and August 1, 1943, and 75 were undated
At the hearing the Association 's secretary testified that that Association represented
5,026 of the Company 's employees : 2,962 at plant 1 ; 1,048 at plants 2 and 3; and 1,016 at
plant 4.
612 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
4 a separate beneficial association. In view of the foregoing, we are
of the opinion, and find, that plants 1, 2, and 3 together, and plant 4,
constitute separate appropriate units.
As heretofore stated, conflicts have arisen as to certain specific cate-
gories of employees, whom some of the parties would include, and
others would exclude, from the proposed units.
Plant-protection employees or guards: The Association seeks to
have these employees included within the production and maintenance
group, while the other organizations desire their exclusion. These
employees are militarized, and in accordance with our usual practice,
we shall exclude them from the production and maintenace groups.'
Laboratory employees: The USA seeks to exclude the five laboratory
employees employed by the Company. Three perform tests and two
do mechanical work. None has highly specialized knowledge, and
all are hourly paid. We are of the opinion that these employees should
be included in the production and maintenance groups, we shall include
them.
Part-time employees: There are approximately 115 part-time em-
ployees paid on an hourly basis, who would be hourly paid were they
on full time. They consist of persons who regularly work approxi-
mately 3 hours between shifts and on Saturdays. We find that these
employees are regular part-time employees and, according to our usual
practice, we shall include them.4
Set-up men: The Company employes in excess of 150 set-up men
who are hourly paid and perform the usual functions of set-up men.
They have, at the present time, from 6 to 10 employees under them.
They have no authority to hire, discharge or discipline, and have been
included in past bargaining units. We conclude that these employees
do not possess sufficient supervisory authority to warrant their ex-
clusion; we shall include them.
Leaders: All parties agree to the inclusion of leaders. It appears
that they usually instruct employees and direct the flow of work in
their respective groups. The record, however, is not sufficiently
definite as to the authority exercised by these leaders to permit a de-
termination of their supervisory status. We shall therefore exclude
or include them according to whether or not they fall within the, cus-
tomary definition of supervisory employees set forth below.
As above stated, the IBEW seeks a unit consisting of electrical main-
tenance employees at all four plants. The Company employs various
9 See Matter of Dravo Corporation, 52 N L R. B 322.
• See Matter of Southwestern Bell Telephone Company, or Mrs. Viola Berthold , Agent,
50 N. L. R. B. 702; Matter of H. W. Byron, V. J. Byron, J. W. Byron,, and S. T. Byron,
Partners trading and doing business as The Mercerburg Tannery, 49 N. L. R. B. 283.
Part-time employees who would , if employed full time , be on a salaried basis were excluded
by agreement of the parties.
SKF ffND,USTRIES, INC. 613
types of maintenance employees, of whom the electrical maintenance
employees constitute a part. These employees engage in duties nor-
mally associated with employees in that category. We have in
numerous instances stated that employees similar to the foregoing
comprise traditional craft groups and as such may constitute separate
appropriate units.5 On the other hand, they may well fall within the
units of production and maintenance employees sought by the Com-
pany and other unions herein. Under all the circumstances we are
of the opinion that our determination of the unit issue with respect to
these employees should depend in part upon the desires of the em-
ployees themselves to be expressed at the self-determination elections
hereinafter directed among such employees. We shall consequently
make no final determination of the units with respect to these em-
ployees, or the production and maintenance employees, at this time,
but shall defer our determination pending the results of the elections
hereinafter directed.
We shall direct that separate elections by secret ballot be held
among the employees of the Company within each of the groups listed
below who were employed during the pay-roll period immediately pre-
ceding the date of the Direction of Elections herein, subject to the
limitations and additions set forth in the Direction. There shall be
excluded from each of such voting groups, in addition to others
specifically mentioned herein, all supervisory employees with authority
to hire, promote, discharge, discipline, or otherwise effect changes in
the status of employees or effectively recommend such action. The
respective voting groups shall be as follows :
(1) All production and maintenance employees paid on an hourly
and piece-work basis in plants 1, 2, and 3 of the Company, including
laboratory employees, part-time employees paid on an hourly basis
who would be hourly paid were they on full time, and set-up men, but
excluding guards, office clerical employees, and all electrical main-
tenance employees, to determine whether they desire to be represented
by the USA, or by the IAM, or by the Association or by none;
(2) All production and maintenance employees paid on an hourly
and piece-work basis in plant 4 of the Company, including laboratory
employees, part-time employees paid on an hourly basis who would be
hourly paid were they on full time, and set-up men, but excluding
guards, office clerical employees, and all electrical maintenance em-
ployees, to determine whether they desire to be represented by the UE,
or by the Association, or by neither;
(3) All electrical maintenance employees in plants 1, 2, and 3 of
the Company, to determine whether they desire to be represented by
s See Matter of Marshall Field & Company, 36 N. L. R. B. 748; Matter of Phelps Dodge
Corporation, etc., 34 N. L. It. B. 846, and cases cited therein.
614 , DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the USA, or by the TAM, or by the Association, or by the IBEW,6
or by none;
(4) All electrical maintenance employees in plant 4 of the Company
to determine Whether they desire to be represented by the UE; or by
the Association, or by the IBEW, or by none.
As stated above, there will be no final determination of the ap=
proptiate units pending the results of the elections hereinabove
directed.
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-
tion's Board Rules and Regulations-Series 2, as amended; it is hereby
DmEcTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with SKF Industries,
Inc., Philadelphia, Pennsylvania, 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 direction and supervision
of the Regional Director for the Fourth Region, acting in this matter
as agent for the National Labor Relations Board, and subject to
Article III, Sections 10 and 11, of said Rules and Regulations, among
the following employees who were employed by the Company during
the pay-roll period immediately preceding the date of this Direction
of Elections, 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 and have
not been rehired or reinstated prior to the date of the elections, and
excluding also all supervisory employee's with authority to hire, pro-
mote, discharge, discipline, or otherwise effect changes in the status
of employees or effectively recommend such action :
(1) All production and maintenance employees paid on an hourly
and piece-work basis in plants 1, 2, and 3, including laboratory em-
ployees, part-time employees paid on an hourly basis who would be
hourly paid were they on full time, and set-up men', but excluding
guards, office clerical employees, and all electrical maintenance em-
ployees, to determine whether they desire to be represented by United
Steelworkers of America, or by International Association of Machin-
9 The IBEW requests that Local 98 be designated on the ballot in the election to tie
conducted among the employees in plants 1, 2, and 3; and Local 380, among the employees
in plant 4 . The request is hereby granted.
SKF INDUSTRIES, INC. 615
ists District Lodge No. 1, or by SKF Employees' Association, for
the purposes of collective bargaining, or by none;
(2) All production and maintenance employees paid on an hourly
and piece-work basis in plant 4, including laboratory employees, part-
time employees paid on an hourly basis who would be hourly paid
were they on full time, and set-up men, but excluding guards, office
clerical employees, and all electrical maintenance employees, to de-
termine whether they desire to be represented by United Electrical,
Radio & Machine Workers of America, or by SKF Employees' As-
sociation, for the purposes of collective bargaining, or by neither;
(3) All electrical maintenance employees in plants 1, 2, and 3, to
determine whether they desire to be represented by United Steel-
workers of America, or by International Association of Machinists
District Lodge No. 1, or by SKF Employees' Association, or by Inter-
national Brotherhood of Electrical Workers, Local Union No. 98,
A. F. L., for the purposes of collective bargaining, or by none;
(4) All electrical maintenance employees in plant 4 to determine
whether they desire to be represented by United Electrical, Radio &
Machine Workers of America, or by SKF Employees' Association,
or by International Brotherhood of Electrical Workers, Local Union
No. 380, A. F. L., for the purposes of collective bargaining, or by none.