Star Metal Manufacturing Co.Download PDFNational Labor Relations Board - Board DecisionsSep 22, 194244 N.L.R.B. 303 (N.L.R.B. 1942) Copy Citation U In the Matter of ABE S. LEVIN, TRADING AS STAR METAL MANUFACTURING COMPANY and UNITED ELECTRICAL, RADIO & MACHINE WORKERS OF AMERICA, LOCAL 155, C. I. O. Case No. B-4236.-Decided September 22, 1942 Jurisdiction : metal products manufacturing industry. Investigation and Certification of Representatives : existence of question: re- fusal to accord union recognition ; contract between intervening union's pre- decessor and Company held no bar ; election necessary. Unit Appropriate for Collective Bargaining : all production employees including working foremen , but excluding foremen who hire and discharge , clerks, salesmen ,, and drivers ; agreement as to. Mr. Abe S. Levin and Mr. Milton C. Harrison, of Philadelphia, Pa., for the Company. Mr. Howard Kirsch, of Philadelphia, Pa., for the U. E. R. M. Syme & Simon, by Mr. Herbert Syme and Mr. Benjamin-W. Simon, of Philadelphia, Pa., for Local 19., Mr. Louis Cokin, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition and, amended petition duly filed by United Electrical, Radio & Machine Workers of America, Local 155, C. I. O., 'herein called the U. E. R. M., alleging that a question affecting commerce had arisen concerning the representation of employees of the 'Abe S. Levin, trading as Star Metal Manufacturing Company, Philadel- phia, Pennsylvania, herein called the Company, the National-Labor Relations Board provided for an appropriate hearing upon due notice before Jerome I. Macht, Trial Examiner. Said hearing was held at Philadelphia, Pennsylvania,' on August 28 and 31, 1942 . The Com- pany, the U. E. R. M., and Local 19, Sheet Metal Workers Interna- tional Association, herein called, Local 19, appeared, participated, and were afforded full opportunity to be heard, to, examine and cross- examine witnesses , and to introduce evidence bearing on the issues. 44 N L R B , No. 53. 303 304 DECISIONS OF NATIONAL LABOR RELATIONS BOARD The Trial Examiner's rulings made at the hearing are free from prejudicial error and are hereby affirmed. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT I I. THE BUSINESS OF THE COMPANY A. S. Levin, trading as Star Metal-Manufacturing Company, is engaged in the manufacture of sheet metal and kitchen equipment at Philadelphia, Pennsylvania. During 1941 raw materials valued in excess of $75,000 were shipped .to the Company from outside Pennsylvania. This figure represents about 70 percent of all raw materials purchased by the Company during that period. During the same period the Company manufactured products valued at about $135,000, approximately 75 percent of which was shipped out of Pennsylvania. The Company admits that it is engaged in com- merce within the meaning of the National Labor Relations Act., II. THE ORGANIZATIONS INVOLVED United-- Electrical, Radio & Machine Workers of. America, Local 155, is a labor organization affiliated with the Congress of Industrial Organizations, admitting to membership employees of the Company. Local 19, Sheet Metal Workers International Association, is a labor organization affiliated with the American Federation of Labor, admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION On July 23, 1942, the' U. E. R. M. requested the, Conzlriny to rec- ognize it as the exclusive representative of the Company's em- ployees. ' ,The Company refuses to .recognhe any labor organization as the exclusive representative of its employees until such time as the Board determines the appropriate bargaining agent. On May 23,,1941, Local 19's predecessor, Local 19K, and the Com- pany entered into a closed-shop contract. The contract provided that it should continue in effect until May 31, 1942, and from year to year thereafter unless 90 days' notice was given by either party thereto prior to any, expiration date. Local 19 contends that this contract is in full force and effect and constitutes a bar to,a, present determination of representatives. On February 13, 1942, Local 19's predecessor wrote to the Comp,.ny requesting that specific changes be made in its agreement with the Company. Thereupon, negotiations took place between the Company and Local 19's predecessor through the month of July. However, no agreement was entered into between the parties: In the latter hart STAR METAL' MANUFACTURING COMPANY 305 of July 1942, Local 19 notified the Company that it had taken over Local 19K, the contracting union, and requested that the Company enter into a contract with it. The Company refused this request, stating that a majority of its employees had not designated Local 19. Under the circumstances, we find that the contract between Local 19's predecessor and the Company is not a bar to a present determination of representatives. A statement of the Regional Director, introduced into evidence, ,duringAhe hearing, jijdicates that the U. E. R. M. and Local 19's predecessor each represents a substantial number.of employees in the unit hereinafter found to be appropriate.' - - 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 APPROPRIATE UNIT The' U. E. R. Al. and Local 19 agree that all production employees of the Compauy,..ixicluding word;ing, foremen, but excluding foremen who hire and 'discharge, clerks, salesmen, and drivers, constitute an appropriate unit. The Company took no position with respect to the unit. We find that all production employees of the Company, including working foremen, but excluding foremen who hire and discharge, clerks, salesmen, and drivers, 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 Relations 1 The Regional Director reported that the U . E. R. M. presented 69 membership appli- cation cards bearing apparently genuine signatures of persons whose names appear on the Company 's pay roll of July 29 , 1942. He further reported that Local 19 submitted evidence that 63 employees; whose names appear on the July 29, 1942, pay roll, '.ere membeis in good standing of Local 19's predecessor during July 1942. There are approxi- mately 108 employees in the unit hereinafter found to be appropriate. 487498-42-vol. 44--20 306 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Act, 49 Stat . 449, and pursuant to Article III, Section 8, of National Labor Relations Board Rules and Regulations-Series 2, as , amended it is hereby I DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with Abe S . Levin, trading as Star Metal Manufacturing Company, Philadelphia , Penn-; Sylvania , an election 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, Section 9, 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 Direction , including any such employees who did not work during , said pay-roll period because they were ill or on vacation or in the active military training or service of the United States , or temporarily laid off, but excluding any who have since quit or been discharged for cause , to determine whether they. desire to be represented by United Electrical , Radio & Machine Workers of America, Local 155, affiliated with the Congress of In- dustrial Organizations , or by Local 19 , Sheet Metal Workers Iriter-, national Association , affiliated with the American Federation of Labor, for the purposes of collective bargaining , or by neither. MR. WM . M. LEISERSON took no part in the consideration of the above . Decision and Direction of Election. Copy with citationCopy as parenthetical citation