Standard Pattern Works

National Labor Relations Board - Board Decisions

Dec 15, 1944

59 N.L.R.B. 1075 (N.L.R.B. 1944)

In the Matter of THOMAS A. HosTr, AN INDIVIDUAL D/B/A STANDARD
PATTERN WORKS and PATTERN MAKERS LEAGUE OF NORTH AMERICA,
DISTRICT No. 1, A. F. L.
Case No. 9-R-109.-Decided December 15, 1944
Mr. James Manley, Jr., of Cincinnati, Ohio, for the Company.
Mr. C. D. Madigan, of Cleveland, Ohio, and Mr. George Lancer; of
St. Bernard, Ohio, for the Union.
Mr. Bernard Goldberg, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by Pattern Makers League of North
America, District No. 1, A. F. L., herein called the Union, alleging
that a question affecting commerce had arisen concerning the repre-
sentation of employees of Thomas A. Hosty, an individual d/b/a
Standard Pattern Works, Cincinnati, Ohio, herein called the Com-
pany, the National Labor Relations Board provided for an appro-
priate hearing upon due notice before Louis Penfield, Trial Examiner.
Said hearing was held at Cincinnati, Ohio, on November 8, 1944. The
Company and-the Union 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. The Trial
Examiner 's rulings made at the hearing are free from prejudicial
error and are hereby affirmed. All parties were afforded an oppor-
tunity to file briefs with the Board.
Upon the entire record ip the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Thomas A. Hosty, an individual d/b/a Standard Pattern Works,
owns and operates a pattern shop and foundry in Cincinnati, Ohio.
During the calendar year 1943, the Company purchased- raw materials
59 N. L . R. B., No. 190.
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1076 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
valued at approximately $23,000, almost all of which was purchased
from suppliers located within the State of Ohio. During the same
-period, the Company=sold patterns and castings valued at approxi-
mately $170,000, practically all of which was sold and shipped to
customers situated inside the State of Oliio. The Ohio firms which
'purchased 95 percent of the Company's output were the American Tool
Works, which during its 1943 fiscal year produced finished products
valued in excess of $10,000,000 of which 90 percent was shipped to
points outside the State of Ohio; the Marion Steam Shovel Company,
which during 1943 produced $16,200,000 worth of finished products, ,95
percent of which was shipped to points outside the State of Ohio; the
Edwards ^ Manufacturing Company, whose annual production is
-valued in excess of $3,000,000, more than 90 percent-of which is shipped
and sold to customers outside the State of Ohio; the' Buckeye Steel
Castings Company, whose annual sales exceed $8,000,000, of which 95
percent represents sales in States other than the State of Ohio; and
the Shepherd Elevator Company, whose sales during 1943 were valued
at approximately $827,000, of -which about 25 percent represents sales
to customers located outside the State of Ohio.
We find, contrary to its contention, that the Company is engaged in
commerce within the meaning of the National Labor Relations Act.'
II.• THE ORGANIZATION INVOLVED
Pattern Makers League of North America, District No. 1, affiliated
with, the American Federation of Labor, is a labor organization
admitting to membership employees of the Company.
III, THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the Union as the
exclusive bargaining representative of any of its employees until the
`Union has been certified by the Board in an appropriate unit.
A statement of a Board agent, introduced into evidence at the hear-
ing; indicates that the Union represents a substantial number of
employees in the unit hereinafter found appropriate.2
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.
1 See Matter of The Superior Pattern Company, et al., 57 N L R B. 1253.
2 The Field Examiner reported that the Union submitted 11 dues books, 10 of which
.were dated June 12, 1944, and 1 June 1, 1937; and that there are 15-employees in the
appropriate unit.
STANDARD PATTERN WORKS I - '1077
IV. THE APPROPRIATE UNIT -
, he .Union seeks a - unit compi isiilg all wood and metal pattern
makers and pattern makers' apprentices excluding supervisory person-
nel. The Company agrees that the aforesaid unit is appropriate but
disagrees with the Union's contention that William Laugle, a pattern
maker, is a supervisory employee.
Laugle, the oldest pattern maker in point of service with the Com-
pany, receives the same rate of pay and performs the same work as
other top pattern makers in the shop. During the absences of Lange,
the superintendent, Laugle sometimes answers the phone, and infre-
quently will assign work .to some of the other pattern makers. This
is the extent to which it may be said that Laugle's duties differ from
those of the other pattern makers. We find that Laugle has none of
the attributes of a supervisory employee within the Board's definition
and shall, therefore, include him in the unit.
We find that all wood and metal pattern makers and pattern makers'
apprentices,s excluding all supervisory employees with authority to
hire, promote, discharge, discipline, or otherwise effect changes in the
status of employees, or effectively recommended such action, constitute
a unit appropriate for the purposes 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
Election 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 Rela-
tions Act, and pursuant to Article III, Section 9,"of National Labor
Relations Board Rules and Regulations-Series 3, as amended, it is
hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Thomas A. Hosty,
election by secret ballot shall be conducted as early as possible, but
an individual d/b/a Standard Pattern Works, Cincinnati, Ohio, an
' This includes Robert McGinley and Raymond Wyenandt, who are pattern makers' appren-
tices, but excludes Howard McGee , a varnisher.
1078 DECISIONS OF° NATIONAL -LABOR ^RELATIONS BOARD
not later than thirty •(30) days from the date of this Direction, under
the direction and supervision of the Regional Director for the Ninth
Region, acting in this matter as agent for the National Labor Rela-
tions Board,' and subject to Article III, Sections 10 and 11, of said
Rules and Regulations, among the employees in the unit found appro-
priate in Section IV, above, who were employed during the pay-roll
period immediately preceding the date of this Directiion, 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 them-
selves in person at the polls, but excluding any who have since quit
or been discharged for cause and have not been rehired or reinstated
prior to the date of the election, to determine whether or not they
desire to be represented by Pattern Makers League of North America,
District No. 1, A. F. L., for the purposes of collective bargaining.