The Weisberg Baer Co.

National Labor Relations Board - Board Decisions

Jan 26, 1943

47 N.L.R.B. 26 (N.L.R.B. 1943)

I
C
In the Matter of THE WEISBERG BAER COMPANY and LOCAL 1227 OF
THE UNITED ELECTRICAL, RADIO AND MACHINE WORKERS OF AMERICA,
(C. I. O.)
Case No. R-4680-Decided January 26, 1943
Jurisdiction: millwork manufacturing industry.
Practice and Procedure: petition dismissed where there was no appropriate unit
within its scope; unit comprising production employees engaged in the process
of constructing or handling boxes not constituting an identifiable class of
workers held' inappropriate.
Mr. Harry Schulman, of New York City, for_tlie Company.
Mr. Frank Scheiner, of New York City, for the C. I. O.
Mr. Thomas E. Kerwin and Mr. Arthur P. Lawler, both of New
York City, for the A. F. of L.
Mr. A. Summer Lawrence, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon petition duly filed by Local 1227 of the United Electrical,
Radio and Machine Workers of America, C. L 0., herein called the
C. I. 0., alleging that a question affecting commerce had arisen con-
cerning the representation of employees of The Weisberg Baer Com-
pany, Astoria, New York, herein called the Company, the National
Labor Relations Board provided for an appropriate hearing upon due
notice before Jack Davis,,Trial Examiner., Said hearing was held
in New York City on December 15, 1942. The Company and the
C. I. O. appeared, participated, and 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.
Upon the entire record in the case, the Board makes the following:
1 Besides the Company and the C I. 0, there appeared at the hearing representatives
of the New Yoik District Council, United Brotherhood of Carpenters & Joiners of America,
A. F. of L , heiein refereed to as the A. F of L The A F of L, after reaching, agieement
with the C. I O. with respect to a division of jurisdiction withdrew from the hearing.
47 N. L. R B., No. 5.
26
THE WEISBERG BAER COMPANY 27
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
The Weisberg Baer Company, a New York corporation having its
principal office and plant, at Astoria, New York, is engaged in the
manufacture, sale, and distribution of window frames,' .sash, doors,
millwork and box construction. During the 6 months preceding No-
vember 16, 1942, the Company purchased for use in its Astoria, New
York, plant, raw materials consisting of lumber, plywood', steel and
glue amounting• in value to approximately $250,000, of which $225,000
represents the value of raw materials shipped from points outside the
State of New York. During the same period, the Company rhaalu-
factured and sold finished products valued at approximately $500,000,
of which $400,000 represents the value of, products 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. THE ORGANIZATION INVOLVED
Local 1227 of the United Electrical, Radio and Machine Workers
of America, is a labor organization affiliated with the Congress of
Industrial Organizations, admitting to membership employees of the
Company.
III. T" ALLEGED QUESTION CONCERNING THE REPRESENTATION OF EM-
PLOYEES OF THE COMPANY WITHIN AN APPROPRIATE UNIT
The C. I. O. claimed originally in its petition an appropriate. unit
consisting of "all production employees not now covered by an existing
contract between the employer and other Unions on behalf of such
employees." At the hearing, however, the C. I. O. by agreement with
the A. F. of L. ' modified its position by requesting the inclusion or
exclusion of employees according to whether or not they were engaged
in the process of constructing or handling boxes as distinguished from
other work carried on by the Company.2 -
While the unit as outlined above would appear to be based on-the
theory of a departmental unit, such theory is inapplicable in the pres-
ent instance due to the fact that the Company has no box, department
as such but carries on its box construction work in scattered sections
of the plant in connection with its- door, sash and millwork. More-
2 The proposed unit as modified at the hearing, comprises solderers, solderers' helpers,
all metal workers, buffers, general helpers and general laborers primarily connected with
box construction and box handling but excluding foremen, executives, office employees, the
plant engineer (a supervisor), the machinist (a supervisor), the timekeeper (a supervisor),
painters, painters' helpers, glaziers, carpenters and their helpers (specifically bench hands,
machine men and millman), and general laborers and yardmen primarily employed in
constructing or handling materials and products other than boxes
28 1 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
over, the proposed unit does not embrace all employees whose work is
related to box construction, because the C. I. .0., by agreement with
the A. F. of L., would exclude carpenters, painters, and their helpers,
who are engaged in box construction.
However, apart from the failure of the proposed unit to satisfy
the requirements of either a craft or departmental unit, the proposed
unit is, in our opinion, open to the more serious objection that it
does not present a clearly identifiable group of employees appropriate
for the purposes of collective bargaining. Aside from the exclusion
of employees covered by existing contracts between the Company and
the A.' F. of L., the C. I. 0. would exclude from its proposed unit
certain helpers and laborers who, so far as their duties are concerned,
are not distinguishable from other helpers and laborers whom the
C. I. 0. would specifically include as primarily concerned with the,
construction and handling of boxes. Thus, with respect to the inclu-
sion or exclusion of, helpers, it appears that solderers' -helpers are
not confined to helping solderers with whom it is suggested they
be included in. the appropriate unit, but frequently do the work of
cleaners together with other kinds of unskilled work unrelated to
box construction. Moreover, solderers'-helpers are apparently inter-
changeable with ' carpenters' or painters' helpers, both • of whom the
C. I. 0. would exclude from the appropriate unit and who together
with solderers' helpers constitute a group of general helpers not
otherwise distinguishable from the general mass of unskilled em-
ployees of the Company. Similarly with respect to those laborers
whom the C. I. 0. would include as primarily concerned with the
construction or handling of boxes, it appears not only that these
.laborers work alternately on boxes or other products and materials
according to, the needs at the Company, but also that it is not possible
to segregate such laborers who may devote the major part of their
time to box work from other laborers who are primarily concerned
with door, sash and millwork and whose exclusion is requested by
the C. I. 0.
In the light of the foregoing facts, it is clear that the unit described
by the C. I. 0. is not confined to an identifiable class of employees
but, would. establish a group neither, departmental nor craft, nor
otherwise sufficiently definite to permit practical ascertainment thereof
among the employees of the Company .3 - Under these circumstances,
,we find that the unit urged. by the C. I. 0. is inappropriate for the
purposes of collective bargaining.
We accordingly • find that iao question has arisen, concerning the
representation of employees of the Company in an appropriate bar-
;See Matter of Dooley's Basin cE Dry Dock, Inc. and United Brotherhood of Carpenters
& Joiners of America, , Local 1394, A. F. of L., 43 N. L . R. B. 745. 1
THE WEISBERG BAER COMPANY 29
gaining unit. ' The petition for investigation and certification of
representatives will be dismissed.
ORDER
Upon the basis of the foregoing findings of fact and the entire record
in the case, the National Labor Relations Board hereby orders that
the petition for investigation and certification of representatives'filed
by Local 1227 of the United Electrical, Radio and Machine Workers
of America, affiliated ;with the C. I. 0., be, and it hereby is, dismissed.