The E. T. Fraim Lock Co.

National Labor Relations Board - Board Decisions

Feb 25, 1942

39 N.L.R.B. 202 (N.L.R.B. 1942)

In the Matter of E. T. FRAIM LOCK COMPANY, SAMUEL R. FRAIM,
MARY M. FRAIM, SAMUEL E. FRAIM, AND EDWARD T. FRAIM, 2ND,
CO-PARTNERS, TRADING AS THE E. T. FRAIM LOCK COMPANY and
INTERNATIONAL MOLDERS & FOUNDRY WORKERS' UNION OF NORTH
AMERICA (A. F. OF L.)
Case No. R-3461-Decided February 25,19J12
Jurisdiction : lock manufacturing industry.
Investigation and Certification of Representatives : existence of question: re-
-fusal to accord exclusive recognition to petitioning union for foundry em-
ployees because of contract with defunct union covering all maintenance and
production employees ; election necessary.
Unit Appropriate for Collective Bargaining : all molders, core-makers, and
foundry employees, exclusive of supervisors
Mr. Ralph H. Barley and Mr. Paul A. Mueller, by Mr. Ralph M.
Barley, of Lancaster, Pa., for the Company.
Mr. Louis H. Wilderman, of Philadelphia, Pa., for the Uriion.
Mr. Gerard J. Manacle, of, counsel to- the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF TIIE CASE
On November 14, 1941, International Molders & Foundry Workers'
Union of North America (A. F. of L.), herein called the Foundry
Workers, filed with the Regional, Director for the Fourth Region
(Philadelphia, Pennsylvania) a petition alleging that a question
affecting commerce had arisen concerning the representation of em-
ployees of E. T. Fraim Lock Company, Samuel R. Fraim, Mary M.
Fraim, Samuel E. Fraim, and Edward T. Fraim, 2nd, Co-Partners,
trading as The E. T. Fraim Lock Company,' herein called the Com-
pany, and requesting an investigation and certification of representa-
tives pursuant to Section 9 (c) of the National Labor Relations Act,
49 Stat. 449, herein called the Act. On December 27, 1941, the
' The employees were incorrectly designated in the petition as E T Fraim Lock
Company, which designation was corrected by motion at the hearing
39 N. L. R. B., No. 34.
202
THE E. T. FRAIM LOCK COMPANY 203
National Labor Relations Board, herein called the Board, acting pur-
suant to Section 9 (c) of the Act, and Article III, Section 3, of
National Labor Relations Board Rules and Regulations-Series 2,
as amended, ordered an investigation and authorized the Regional'
'Director to conduct it and to, provide for an appropriate hearing
upon due notice. ,
On January 8, 1942, the Regional Director issued a notice of hear-
ing, copies of which were duly served upon the Company, the indi-
vidual partners thereof, and the Foundry Workers. Pursuant to
notice, a hearing was held on January 16, 1942, at Lancaster, Penn-
sylvania, before Robert H. Kleeb, the Trial Examiner duly designated
by the Chief Trial Examiner. The Company and the Foundry
Workers were represented by counsel and participated in the hearing.
Full opportunity to be heard, to examine and cross-examine witnesses,
and to introduce evidence bearing upon the issues was afforded all
parties: During the course of the hearing the Trial Examiner made
various rulings on motions and objections to the admission of evi-
dence. The,Board has reviewed'the rulings of the Trial Examiner
and finds that no prejudicial errors were committed. The rulings
are hereby affirmed.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
11. THE BUSINESS OF THE COMPANY
Samuel R. Fraim, Mary M. Fraim, Samuel E. Fraim, and Edward
T. Fraim, 2nd, are, and since April 1, 1937, have been, engaged in
business' as a copartnership under the trade name and style of The
E. T. Fraim Lock Company. The Company manufactures, sells, and
distributes various types of locks and night latches, and in connec-
tion therewith operates a plant in Lancaster, Pennsylvania, where its
products are made. The plant employs between 124 and 200
production workers.
The Company uses in the course of manufacturing operations at
the Lancaster plant quantities of brass, steel, copper, tin, manganese,
and paint, which are regularly brought to the plant from outside the
State of Pennsylvania, and which constitute 35 percent of the raw,
materials used in such operations. In 1940 and 1941 the Company
sold between $350,000 and $450,000 worth of finished products, of,
which 90, percent were shipped into and, through other States of the
United States.
The Company admits that it is engaged in commerce within the
meaning of the Act.
204 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
II. THE ORGANIZATION INVOLVED
International Molders & Foundry Workers' Union of North
America, affiliated with the American Federation of Labor, is a labor
organization admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On September 18, 1940, the Board certified Lock Workers Union
Local No. 20836, a Federal Union affiliated with the American Fed-
eration of Labor, as the exclusive representative of the Company's
production and maintenance employees, exclusive of clerical em-
ployees, foremen, and supervisory employees.2 On September 275
1940, the Company and this labor organization executed an exclusive
recognition contract covering the foregoing unit. The contract was
to be in force until January 1, 1942, and provided for automatic
renewal for one-year periods from year to year unless 30 days'
written notice of termination was given by either party thereto
before the expiration of any annual renewal date. Since July 1941,
however, the Federal Union has not functioned, and on or about
September 15, 1941, its charter was revoked by the American Fed-
eration of Labor. In October 1941, more than 30 days prior- to the
expiration date of the aforesaid contract, the Foundry Workers,
claiming to represent a majority of the molders, coremakers, and
other foundry workers of the Company, repeatedly requested the
Company to recognize it as the exclusive representative of all foundry
employees. The Company refused because of the contract with the
Federal Union, and contends that the contract is a bar to this pro-
ceeding. Since, however, the Federal Union is defunct; and the
Foundry Workers asserted- its- claim in October 1941,4 we find that
the contract is not a bar to this proceeding.
At the hearing the Foundry Workers introduced evidence showing
that it represents a substantial number of employees in the unit
hereinafter found to be appropriate ,5
We find that a question lias arisen concerning the representation
of employees of the Company.
2 27 N. L R . B. 302.
'Matter of the Fischer Lumber Company , Inc and International Woodworkers of
America, Local No. 23y7, affiliated with the C . I. 0, 31 N. L. R. B. 828
4 Matter o f Vincent Steel Process Company and International Union , United Automobile
Workers of America, C. I 0, 32 N. L. R B. 991.
6 The Foundry Workers submitted 14 undated membership cards , all of which were signed
in September 1941. All appear to bear genuine original signatures, 13 of which are names
appearing on the Company ' s December 31, 1941, pay roll of foundry employees containing
16 names.
THE E. T. FRAIM BOCK COMPANY 205
IV. THE EFFECT OF THE QUESTION CONCERNING - REPRESENTATION UPON
COMMERCE
We find that the question concerning representation which has
arisen, occurring in connection with the operations of the Company
described in Section I. above, has a close, intimate, and substantial
relation to trade, traffic, and commerce among the several States
and tends to lead to labor disputes burdening and obstructing com-
merce and the free flow of commerce. ,
V. THE APPROPRIATE UNIT
The Foundry Workers claims that the molders, coremakers, and
foundry employees constitute an appropriate unit. The Company
contends that all maintenance and production employees, excluding
clerical employees, foremen, and other supervisory employees, con-
stitute an appropriate unit.' The Company relies on the certification
of the Board and the contract noted in Section III above.'
The foundry department is located in,a separate building in which
,only molders, coremakers, and the other foundry employees work.
The work performed by qualified molders and coremakers requires at
least four years of training, and the other foundry employees do
work related to the foundry department only. There is no inter-
change of employees between this department and the other de-
partments of the plant. The employees in the other departments are
ineligible for membership in the Foundry Workers.
Under these circumstances, and since the bargaining agent of the
plant unit heretofore established by the Board' is defunct, and no
other labor organization is asserting any claims concerning the rep-
resentation of the Company's employees, we find that all molders,
coremakers, and foundry workers of the Company, exclusive of
supervisory employees, constitute an appropriate unit for the pur-
poses of collective bargaining, -and that said unit will insure to
employees of the Company the full benefit of their right to self-
organization and to collective bargaining and will otherwise effectu-
ate the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
We find that the question concerning representation which has
arisen can best be resolved by an election by secret ballot. We shall
The certification was based on the agreement of all parties to that proceeding as to
the appropriate unit, and the Foundry Workers was not a party thereto . See Matter
of E. T. Praim Lock Company , Samuel If. Fraim, Mary M. Fraim, Samuel E. Fra,im, and
Edward T. Fraim, 2nd, Co-Partners , trodma as The E T. Fraim Lock Company and
Amalgamated Association of Iron, Tin and Steel Workers of North America, Lodge 1732,
24 N. L. R. B 1190
7 See footnote 2, above.
206 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
direct that the employees of the Company eligible to vote in the
election shall be those in the appropriate unit who were employed by
the Company during the pay-roll period immediately preceding. the
date of this Direction of Election, subject to the limitations and addi-
tions set forth in the Direction.
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board •makes the following:
CONCLusIONs of LAW
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of E. T. Fraim Lock Company, Samuel R.
Fraim, Mary M. Fraim, Samuel E. Fraim, and Edward T. Fraim,
2nd, Co-Partners, trading as The E. T. Fraim Lock Company, Lan-
caster, Pennsylvania, within the meaning of Section 9 (a) and Sec-
tion 2 (6) and (7) of the National Labor Relations Act.
2. All molders, coremakers, and foundry workers of the Company,
exclusive of supervisory employees, constitute a unit appropriate for
the purposes of collective bargaining within the meaning of Section
9 (b) of the Act.
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 Re-
lations Act, 49 Stat. 449, and pursuant to Article III, Section 2,
of National Labor Relations Board Rules and Regulations-Series
2, as amended, it is hereby
DIRECTED that, as part of the investigation authorized by the Board
to ascertain representatives for the purposes of collective bargaining
with E. T. Fraim Lock Company, Samuel R. Fraim, Mary M. Fraim,
Samuel E. Fraim, and -Edward T. Fraim, 2nd, Co-Partners, trading
as The E. T. Fraim Lock Company, Lancaster, Pennsylvania, an
election by secret ballot shall- be conducted as early as possible, but
not -later than thirty (30) days after the date of this Direction of
Election, 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 all molders, coremakers, and foundry
workers of E. T. Fraim Lock Company, Samuel R. Fraim, Mary M.
Fraim, Samuel E. Fraim, and Edward T. Fraim, 2nd, Co-Partners.
trading as The E. T. Fraim Lock Company, who, were employed by
the Company during the pay-roll period immediately preceding. the
date of this Direction of Election, including employees Who did' riot
work during such pay-roll period because they were ill or on vacation,
or in the active military service or training of the United States, 'or
THE E. T. FRAIM LOCK COMPANY , 207
temporarily laid off, but exclusive of supervisory employees, and
employees who have since quit or been discharged -for cause , to deter-
mine whether or not-they desire to be represented for the purposes of
collective bargaining by International Molders & Foundry Workers'
Union of North America (A . F. of L.).
CHAIRMAN MILLIS took no part in the consideration of the above
Decision and Direction of Election.
44 8105-42-vv01. 39-15
In the Matter of E. T. FRAIM LocK COMPANY, SAMUEL R. FRAIM,
MARY M. FRAIM, SAMUEL E. FRAIM, AND EDWARD T. FRAIM, 2ND,
CO-PARTNERS, TRADING AS THE E. T. FRAmI LOOK COMPANY and
INTERNATIONAL MOLDERS & FOUNDRY WORIu Rs' UNION OF NORTH
AMERICA (A. F. of L.)
Case No. B-3461
CERTIFICATION OF REPRESENTATIVES
March 31, 194.
On February 25, 1942, the National Labor Relations Board issued
a Decision and Direction of Election in the above -entitled proceed-
ing.1 Pursuant to the Direction of Election , an election by secret
ballot was conducted on March 19 , 1942, under the direction and
supervision of the Regional Director for the Fourth Region ( Phila-
delphia, Pennsylvania ). On March 20, 1942, the Regional Director,
acting pursuant to Article III, Section 9, of National Labor Relations
Board Rules and Regulations-Series 2, as amended, duly issued and
served upon the parties an Election Report. No objections to the
conduct of the ballot or to the Election Report have been filed by any
of the parties.
As to the balloting and the results thereof, the Regional Director
reported as follows :
Total on eligibility list -------------------------------------- 13
Total ballots cast------------------- ----------------------------- 11
Total ballots challenged----------- ------------------------- 0
Total blank ballots_________________________________________ 0
Total void ballots ------------------------------------------ 0
Total valid votes counted___________________________________ 11
Votes cast for International Molders & Foundry Workers'
Union of North America (A. F of L) -------------------- 10
Votes cast against International Molders & Foundry Workers'
Union of North America (A. F. of L.) -------------------- I
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, 49 Stat. 449, and pursuant to Article III, Sections 8 and
1 39 N L. R. B 202.
39 N. L. R. B, No 34a.
208
E. T. FRAIM LOCK COMPANY 209
9, of National Labor Relations Board Rules and Regulations-Series
2, as. amended,
IT, IS HEREBY CERTIFIED that International Molders X Foundry
Workers' Union of North America (A. F. of L.) has been designated
and selected by a majority of all molders, coremakers, and foundry
workers of the E. T. Fraim Lock Company, Samuel R. Fraim,
Mary M. Fraim, Samuel E. Fraim, and Edward T. Fraim, 2nd, Co-
Partners, trading as The E. T. Fraim Lock Company, excluding
supervisory employees, as their representative for the purposes of
collective bargaining, and that, pursuant to the provisions of Section
9 (a) of the National Labor Relations Act, International Molders &
Foundry Workers' Union of North America (A. F. of L.) is the
exclusive representative of all such employees for the purposes of
collective bargaining with respect to rates of pay, wages, hours of
employment, and other conditions of employment.