The Lennox Furnace Co.

National Labor Relations Board - Board Decisions

Jan 14, 1946

65 N.L.R.B. 431 (N.L.R.B. 1946)

In the Matter of THE LENNOx FURNACE COMPANY and SHEET METAL
WORKERS INTERNATIONAL ASSOCIATION, LOCAL 58, A. F. OF L.
Case No. 3-R-1071.-Decided January 14, 1946
Bond, Schoeneek e€ King, by Mr. Lyle Hornbeck, of Syracuse, N. Y.,
and Mr. A. W. Wriden, of Syracuse, N. Y., for the Company.
Messrs. Joseph J. Walsh and Leonard J. Capuana, of Utica, N. Y.,
for the Union.
Mr. Joseph D. Manders, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by Sheet Metal Workers International Asso-
ciation, Local 58, A. F. of L., herein called the Union, alleging that a
question affecting commerce had arisen concerning the representation
of employees of The Lennox Furnace Company, Syracuse, New York,
herein called the Company, the National Labor Relations Board•pro-
vided for an appropriate hearing upon due notice before Eugene von
Wellsheim, Trial Examiner. The hearing was held at Syracuse, New
York, on October 5, 1945. 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 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
The Lennox Furnace Company, an Iowa corporation, authorized
to do business in the State of New York, is engaged in the manufacture
of furnaces, light gauge sheet metal parts and rough castings. During
the period from September 1, 1944 to September 1, 1945, the Company
65 N. L. R. B., No, 78.
431
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432 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
used. at its plant raw materials of a value exceeding $250,000, of which
approximately 75 percent was obtained from points outside the State
of New York. During the same period the Company manufactured at
its plant finished products of a value exceeding $250,000, of which 75
percent was shipped to points outside the State of New York.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. TIIE ORGANIZATION INVOLVED
Sheet Metal Workers International Association, Local 58, A. F. of
L., is a labor organization, admitting to membership employees of the
Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company refuses to recognize the Union as the exclusive col-
lective bargaining representative of the employees involved herein
until such time as it is certified by the Board.
A statement of a Field Examiner of the Board, introduced into
evidence at the hearing, indicates that the Union represents a substan-
tial number of employees in the unit hereinafter found to be appro-
priate.1
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 Company raises no objection to the unit alleged by the Union
to be appropriate, namely : all production and maintenance employees
of the Company, including group leaders and guards, but excluding
office and clerical employees, timekeepers, technical employees, the
receiving ana stock clerk, Jamaicans, and Barbadians 2 foremen,
assistant foremen, 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. We
find that the aforesaid unit is appropriate for the purposes of collec-
tive bargaining, within the meaning of Section 9 (b) of the Act.
1 The Field Examiner reported that the Union presented 88 authorization cards and that
there were approximately 169 employees in the appropriate unit.
2 These persons were temporarily employed , under indefinite contracts , subject to direc-
tion by the war Manpower Commission At the time of the hearing, the Co spany expected
to release them before February 1, 1946. See Matter of Syracuse Chilled Plow Co., Inc.,
61 N L R B 717.
THE LENNOX FURNACE COMPANY
V. THE DETERMINATION OF REPRESENTATIVES
433
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.3
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
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 representa-
tives for the purposes of collective bargaining with The Lennox Fur-
nace Company, Syracuse, New York, 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 Third Region, acting in this matter
as agent for National Labor Relations Board, and subject to Article
III, Sections 10 and 11, of said Rules and Regulations, among the
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 Undted States who present themselves 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 the Sheet Metal Workers International Association,
Local 58, A. F. of L., for the purposes of collective bargaining.
8 The Company requested that any election herein he postponed until its labor force is
stabilized . The Company was expanding its plant facilities and increasing its complement
of employees at the time of the hearing. It expected to complete this program by February
1, 1946, at which time it would have a working force of about 400 factory employees.
Inasmuch as there were about 233 employees in the appropriate unit at the time of the
hearing , and the Company was then rapidly hiring new employees , it is evident that far
more than half of the anticipated full complement is now engaged Consequently, we
perceive no reason to postpone an immediate determination of representatives See Matter
of Aluminum Company of America, 52 N L R B 1040, and cases cited therein.