The Lummus Co.

National Labor Relations Board - Board Decisions

Sep 4, 1943

52 N.L.R.B. 428 (N.L.R.B. 1943)

In the Matter of THE LUMMUS COMPANY and METROPOLITAN CHAPTER
31, FEDERATION OF ARCHITECTS , ENGINEERS , CHEMISTS , AND TECH-
NICIANS, C. I. O.
In the Matter of THE LUMMUS COMPANY and ARCHITECTURAL & EN-
GINEERING GUILD, LOCAL 66, INTERNATIONAL FEDERATION OF TECH-
NICAL ENGINEERS , ARCHITECTS & DRAFTSMEN 'S UNION, A. F. OF L.
Cases Nos. R-5827 and R-5828 respectively.Decided September 4,
1943
Messrs. Davies, Auerbach, Cornell c6 Hardy, by Mr. Christopher W.
Hoey, of New York City, for the Company.
Leider, Witt .& Cammer by Mr. D. W. Leider, of New York City,
and Messrs. Thomas R. Sullivan, Lewis A. Berne, and Beryle Gilman,
,of New York City, for the C. 1. 0.
Messrs. J. Lawrence Raimist, Leo Carrick, Joseph Votava, and
Howard Coughlin, of New York City, for the A. F. of L.1
Miss Frames Lopinsky, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petitions duly filed by Metropolitan Chapter 31, Federation
of Architects, Engineers; Chemists, and Technicians, C. I. 0., herein
called the C. I. 0., and Architectural & Engineering Guild, Local 66,
International Federation of Technical Engineers, Architects & Drafts-
men's Unions, A. F. of L., herein called the, A. F. of L., alleging that
questions affecting commerce had arisen concerning the representa-
tion of employees of The Lummus Company, New York City, herein
called the Company, the National Labor Relations Board provided
for an appropriate consolidated hearing upon due notice before Richard
J. Hickey, Trial Examiner. Said hearing was held at New York
City, on August 9 and 10, 1943. The Company, the C. I. 0., and
the A. F. of L. appeared, participated, and were afforded full op-
1 Messrs. Carrick , Votava and Coughlin represented Office Employees , Local 23076,
A. F. of L.
52 N. L . R B., No. 65.
428
t r THE LUMMUS COMPANY 429
portunity to be heard, to examine and cross-examine witnesses, to
introduce evidence bearing on the issues and to file briefs with the
-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. THE BUSINESS OF THE COMPANY
The Lummus Company is a Delaware corporation engaged in the
construction and repair of petroleum, , alcohol and chemical plants,
and equipment. Its principal office is -in New York City where it
employs approximately 400 technical employees. It is these em-
ployees which are involved in this proceeding. The Company re-
ceives no raw materials at its New York office. From its drafting
office and an executive office there it supervises construction for various
jobs throughout the United States and operations at its plant in
Honesdale, Pennsylvania,-and its laboratory in Bayonne, New Jersey.
During the period from June 1, 1942, to June 31, 1943, the Company's
sales amounted to over $1,000,000. Approximately 90 percent of its
services were rendered outside the State of New York. The Com-
pany admits that it is engaged in commerce within the meaning of
the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
Metropolitan Chapter 31, Federation of Architects, Engineers,
Chemists, and'Technicians, is a labor organization. affiliated with the
Congress of Industrial Organizations, admitting to membership
employees of the Company.
Architectural,- &,^ Engineering Guild, Local • 66, International Fed-
eration 'of Technical Engineers, Architects & Draftsmen's Unions, is
a labor organization affiliated with the American Federation of Labor,
admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On or about June 10, 1943, the A. F. of L. requested recognition as
the exclusive bargaining representative of the Company's employees.
On or about June 12, 1943, the C. I. O. requested recognition as the
'exclusive bargaining representative of the Company's employees in
its Tank and Tower Section. The Company, by letters, refused the
request of the A. F. of L. on the ground that the C. I. O. was also
claiming .recognition and that of the C. I. O. on the ground that its
unit was inappropriate.
'430 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Statements of the Regional Director introduced into evidence at
the hearing, indicate that the C. 1. 0. and the A. F. of L. each represents
a substantial number of the employees in the unit alleged appropriate
in its original petition.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.
IV. THE APPROPRIATE UNIT
The C. I. 0., originally petitioned for a unit of Tank and Tower
Section employees only. The A. F. of L. petitioned for all technical
employees of the Company, including architects. At the hearing the
petitions were amended by broadening the C. I. O.'s unit to include
all technical employees and narrowing the A. F. of L.'s unit to eliminate
architects. The only categories left in dispute are squad bosses and
head checkers whom the A. F. of L. and the Company would include
and the C. I. O. would exclude.
Squad bosses and head checker's are in charge of groups of men vary-
ing in size from 4 to 100 men. 'A head checker allots and checks the
work of the checkers who work under him. A squad boss works with
groups of draftsmen and checkers'alloting and correlating their work
and correlating it with that of other squads. He does no drawing but
goes from board to board, inspecting, critizing, and instructing. His
recommendations are considered in connection with those of other
squad bosses and those of the section boss, in matters affecting the
status of the employees who work under him. We find that squad
bosses and head checkers are supervisory employees and shall exclude
them from the unit.'
We And that all technical engineers and technical employees of the
Company in its New York office including but not limited to technical
engineers , draftsmen, designers, checkers, tracers, detailers, bill of
material employees, excluding all ,clerical employees, ^squad• bosses,
head checkers, 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 4ction,4 constitute
a unit appropriate for the purposes of collective bargaining within
the meaning of Section 9 -(b) of the Act. • .
a The C I. O. submitted to the Regional Director 71 application -for-membership cards,
24 of which boie - apparently genuine original signatures corresponding with names on the
Company's JuneT 21, 1943, pay roll which contains 44 names in the unit , requested in the
C. I. O.'s petition . The A. F. of L . submitted to the Regional Director 140 application-for-
membership cards: 119 bore apparently , genuine ,original signatures corresponding with
names. appearing on the Company 's June 21, 1943 , pay roll which contains the names, of
399 employees in the unit alleged appropriate in the A F. of L's petition.
's See Matter of Art Metal Constructioa Co., 40 N. L. R. B . 842 ; Matter' -of ,4ehutte ct
Koerting Company, 44 N. L. R. B . 528. -•,, If ,
4 This is substantially the unit described in both petitions as amended at the hearing.
THE LUMMUS COMPANY
V. THE DETERMINATION OF REPRESENTATIVES
431
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 Act,
and pursuant to Article III, Sections 9 and 10, of National Labor
Relations Board Rules and Regulations-Series 2, as amended, it is
hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with The Lummus
Company, New York City, an election by secret ballot shall be con-
ducted 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 Second 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
employees in the unit found appropriate in Section IV, above, who
were employed during the pay-roll period immediately preceding the
date of this Direction, 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, to
determine whether they desire to be represented by Metropolitan Chap-
ter 31, Federation of Architects, Engineers, Chemists, and Technicians,
affiliated with the Congress of Industrial Organizations, or by Archi-
tectural & Engineering Guild, Local 66, International Federation of
Technical Engineers, Architects & Draftsmen's Unions, affiliated with
the American Federation of Labor, for the purposes of collective
bargaining, or by neither.
CHAIRMAN MILLIS took no part in the consideration of the above
Decision and Direction of Election.