The Superior Pattern Co.

National Labor Relations Board - Board Decisions

Aug 10, 1944

57 N.L.R.B. 1253 (N.L.R.B. 1944)

I
In the Matter of THE SUPERIOR PATTERN COMPANY , THE OAKLEY PATT
TERN AND FOUNDRY COMPANY , GENERAL PATTERN WORKS and PAT-
TERN MAKER ' LEAGUE OF NORTH AMERICA, A. F. OF L., DISTRIOr
No. 1
Cases Nos. 9-R-1461 to 9-R-1 /63 nclusive.-Decidod August 10, 1944
Messrs. James G. Manley; Robert Frankl, Arthuir A if ers, and Louis
Oberlavder, of Cincinnati, Ohio, for the Companies.
Jlr. C. D. Madigain, of Cleveland, Ohio, and Mr. George J. Lanser,
of Cincinnati, Ohio, for the ;Union.:.
Mrs. Catherine W. Got man, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
Upon petitions duly filed by Pattern. Makers' League of North
America, A. F. of L., District No. 1, herein called the Union, alleging
that, questions affecting commerce had arisen concerning the repre-
sentation of employees of The Superior Pattern Company, The Oak-
ley Pattern and Foundry Company,•and General Pattern Works, all
of Cincinnati, Ohio, herein called respectively, Superior, Oakley, and
General, and collectively the Companies, the National Labor Rela-
tions Board provided for an appropriate consolidated hearing upon
due notice before James A. Shaw, Trial Examiner. Said hearing
was held at Cincinnati, Ohio, on June 27, 1944. The Companies 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.
'At the hearing the Companies objected to ,the order of the Board consolidating the
cases on the ground that the issues in the cases ate not the same; the Tiial Examiner
referred the natter to the Board . The objection is hereby overruled.
57 N. L R . B, No. 189.
1253
1254 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
N
J. THE BUSINESS OF, THE COMPANIES
The Superior Pattern Company,-an Ohio corporation'withI its 'prin-
cipal office and place of business in Cincinnati, Ohio, is engaged in the
manufacture of wood and metal patterns on special Order for various
machine tool companies. During 1943, Superior purchased raw ma-
terials amounting to, $50,000 in value. These materials 'were pur-
chased from supply houses in Cincinnati, but originated from sources
outside 'the State of Ohio. In addition, it purchased from companies
outside the State of Ohio, machinery, valued in excess of $5,000.
During the same period Superior sold finished products exceeding
$5,000 in value to companies outside the State of Ohio. It sold prod-'
ucts exceeding $200,000 in value to companies within the State of
Ohio. Most of the Ohio companies, to which Superior sells are
engaged in war production, and three of them have previously been
found to be within the jurisdiction of the Board.
The Oakley Pattern and Foundry Company, an Ohio corporation
with its principal office and place of business in Cincinnati, Ohio, is
engaged in the manufacture of wood and steel patterns and specially
designed castings. During 1943 Oakley purchased raw materials
amounting to $40,000 in value, of which about 30 percent was pur-
chased outside the State of Ohio. During the same period Oakley
sold finished products amounting in value to $200,000. Of this amount
at least $8,000 represents sales to companies outside the State of Ohio.
'Most of the Ohio companies to which Oakley sells are engaged in war
production, and three of them have previously, been found to be within
the jurisdiction 'of the Board.
General Pattern Works, a partnership with its principal office and
place of business in Cincinnati, Ohio, is engaged, in the manufacture
of wood and steel patterns. During 1943 General purchased raw
materials amounting to $6,000 in value from supply houses in Cin-
cinnati. In addition, it purchased from sources outside the State of
Ohio, machinery valued at approximately $1,200. During the same
period, General sold finished products amounting in value to $70,000.
Of this, amount at least $1,200 represents sales to companies outside
the State of Ohio. Most of the Ohio companies to which' General
sells'.are engaged in war production, and one of them has previously
been found to be within the jurisdiction of the Board.
THE SUPERIOR PATTERN COMPANY 1255
We find, contrary to the contention of the Companies, that they are
engaged in commerce within the meaning 'of the National Labor
Relations Act.2
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 QUESTIONS CONCERNING REPRESENTATION
The Companies have refused to recognize the Union as the exclusive
bargaining representative of their employees.
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 units hereinafter found appropriate.3 '
We find that questions affecting commerce have arisen concerning
the representation of employees of the Companies within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNITS
The Union' and Superior and General are agreed that wood and
metal pattern makers and pattern makers' apprentices of Superior and
General constitute separate appropriate units. They are in disagree-
ment, however, concerning an employee of General, whom General
would include and the Union would exclude as a f ,reman. The Union
contends that wood and metal pattern makers and pattern'makers' ap-
prentices of. Oakley also' constitute an appropriate unit, but Oakley
contends that the unit should include all employees in its pattern shop.
The employee of General, concerning whom the parties are in dis-
agreement, is Henry Ober] ander, son of one of the partners operating
The Companies contest the Board's jurisdiction on two grounds • (1) They contend
that their operations are of such a local nature that they do not affect commerce within
the meaning of the Act. We find the contention without merit . See Matter of Ace
Foundry, Limited, 38 N. L. R. B 392; Matter of Crown Cork & Seal Company, Inc., 53
N. L. R B. 741; (2) They contend that a discontinuance of their services because of a
labor dispute would not interrupt the flow of interstate commerce since similar services
might be obtained from other companies . We find the contention without merit. See
N. L. R. B. v. Bradford Dyeing Assn ., 310 U. S. 318.
8 The Field Examiner reported that, in Case ' No 9-R-1461 , the Union submitted dues
records showing 21 designations ; that there are 33 employees in the unit requested for
Superior ; and that the records show that 15 of the persons paid dues ' in May 1944, and 6
in June 1944 . He reported that, in Case No 9-R-1462, the Union submitted dues records
showing 6 designations ; that there are 13 employees in the unit requested for Oakley ; and
that the records show dues payments for June 1944. He also reported that, in Case No.
9-R-1463, the ' Union submitted 'dues records showing 4 designations ; that there are 10
employees in the unit requested for General ; and that the records show that 3 of the
persons paid dues in May 1944, and 1 In June 1944.
1256 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the business. ' Oberlander is a skilled pattern maker and spends at
least 20 percent of his time in supervisory` duties, laying out and di-
recting the work of the other employees. The employees have been
told •,to:arecognize, him as foreman in the absence of his father, the
manager of the plant. In view of his supervisory duties and his re-
lationship with management, we shall exclude Henry Oberlander from
the unit.
In the Oakley pattern shop there are three employees in addition to
the employees requested by, the Union whom Oakley would include in
the unit. The first of these is a varnisher who shellacs the patterns
after they have been completed by the pattern makers; he performs
no pattern making. The second employee is a flask carpenter and
maintenance man. He makes flasks, takes care of the machinery in
the pattern shop, mounts and repairs patterns, and spends about 1 day
a week at work which might be classified as pattern making. The
third employee is a cooperative student, who for periods of 3 months
alternately attends college and works as an apprentice pattern maker.
He is the son of the treasurer of Oakley. It appears that these three
employees are not eligible to membership in the Union. We are of
the opinion that the interests of these employees are different from
those of the regular pattern makers and apprentices in the pattern shop ;
accordingly, we shall exclude them from the unit.
We find, in Case No. 9-R-1461, that all wood and metal pattern
makers and pattern makers' apprentices of Superior, excluding super-
employees with authority to hire, promote, discharge, discipline,
or otherwise effect changes in the status of employees, or effectively
recommend such action, constitute a unit appropriate for the purposes
of collective bargaining within the meaning of Section 9 (b) of the
Act.
We find, in Case No. 9-R-1462, that all wood and metal pattern
makers and pattern makers' apprentices of Oakley, excluding the var-
nisher, the flask carpenter, the cooperative student, and all supervisory
employees with authority to hire, promote, discharge, discipline, or
otherwise effect changes in the status of employees, or effectively recom-
mend such action, constitute a unit appropriate for the,purposes of
collective bargainingNwithin the meaning of Section 9 (b) of the Act.,
We find, in Case No. 9-R-1463, that all wood and metal pattern
makers and pattern makers' apprentices of General, excluding Henry.
Oberlander, and,all supervisory employees with authority to hire, pro-
mote, discharge, discipline, or otherwise effect changes in the status of
employees, or effectively recommend such action, constitute a unit
appropriate for the purposes of collective bargaining within the mean-
ing of Section 9 (b) of the Act.
THE SUPERIOR PATTERN COMPANY 1257
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct 'that the questions concerning representation which
have arisen be resolved by elections by secret ballot among the em-
ployees in the appropriate units-who were employed during the pay-
roll period immediately preceding the date of the Direction of Elec-
tions herein, subject to the limitations and additions set forth in the
Direction.
DIRECTION OF ELECTIONS
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 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 The Superior Pat-
tern Company, The Oakley Pattern and Foundry Company, and Gen-
eral Pattern Works, Cincinnati, Ohio, elections 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 Ninth 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 units 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 tempo-
rarily 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 and have not been rehired or reinstated prior to the date of the
'elections', to-, determine whether or -not they desire to be'represented
by Pattern Makers' League of North America, A. F. of L., District
No,_1, for the purposes of collective bargaining.'
CHAIRMAN MILLIS took no part in the consideration of the above
Decision and Direction of Elections.