The Westinghouse Air Brake Co.

National Labor Relations Board - Board Decisions

Sep 6, 1949

85 N.L.R.B. 1133 (N.L.R.B. 1949)

In the Matter of THE WESTINGHOUSE AIR BRAKE COMPANY, EMPLOYER
and PATTERN MAKERS' LEAGUE OF NORTZI AMERICA, PITTSBURGI-1
ASSOCIATION, AFL, PETITIONER
Case No. 6-RC-323.-Decided September 6, 1949
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, a hearing was held before Erwin Lerten,
hearing officer. The hearing officer's rulings made at the hearing are
free from prejudicial error and are hereby affirmed.
Pursuant to the provisions of Section 3 (b) of the National Labor
Relations Act, the Board has delegated its powers in connection with
this case to a three-member panel [Members Reynolds, Murdock, and
Gray].
Upon the entire record in this case, the Board finds :
1. The Employer is engaged in commerce within the meaning of the
Nationa l Labor Relations Act.
2. The labor organizations involved claim to represent certain
employees of the Employer.
3. United Electrical, Radio and Machine Workers of America, Local
No. 610. CIO, herein called the Intervenor, has represented the Em-
ployer's employees, including the pattern makers, in a plant-wide unit
since its certification in 1937, and contends that its current collective
bargaining agreement bars this proceeding. The petition herein was
filed on February 28, 1949. On or about March 1, 1949, the Intervenor
notified the Employer of its desire to terminate the agreement then in
effect. Such agreement became terminated as of April 29, 1949. On
May 24, 1949, the Intervenor and the Employer executed a new con-
tract. Clearly, a contract executed after the filing of a timely petition
does not constitute a bar.'
We find that a question affecting commerce exists concerning the
representation of employees of the Employer within the meaning of
Section 9 (c) (1) and Section 2 (6) and (7) of the Act.
'Matter of Mathieson Chemical Corporation , 81 N. L. R. B. 1355 ; Matter of The New
York and Pennsylvania Company, Inc ., 81 N. L. R. B. 1326.
85 N. L. R. B., No. 191.
1133
1134 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
4. The appropriate unit; the determination of representatives :
The Petitioner seeks a unit composed of wood, metal, and plaster
pattern makers and apprentices at the Employer's Wilmerding,
Pennsylvania, plant:2 The Employer and the Intervenor contend
that their successful history of collective bargaining demonstrates
that a plant-wide unit is the only appropriate one. Further, they con-
tend that, in the event the Board should sever the pattern makers, all
employees working in the pattern shop should be included within the
Unit.3
The Employer, a Pennsylvania. corporation with its principal office
and plant at Wilmerding, Pennsylvania, is engaged in the manufac-
ture and sale of air brake equipment. At its Wilmerding plant, there
are about 6,000 employees, who have been bargained for by the Inter-
venor in a plant-wide unit since 1937. There are approximately 77
employees in the unit sought.
The pattern shop at the Wilmerding plant is located in a separate
building. The employees who work therein are supervised by a
pattern shop foreman. Pattern makers and apprentices perform the
normal duties required of their classifications. The Employer has
an apprenticeship program requiring 10,000 hours of service before
an employee can become a journeyman pattern maker. The appren-
tices are indentured. In view of the fact that pattern makers consti-
tute a true craft of the type which the Board has recognized on numer-
ous occasions,4 we find that they may, if they so desire, constitute a
separate appropriate unit. However, we shall make no final unit
determination at this time, but shall first ascertain the desires of the
employees themselves as expressed in the election hereinafter directed.
The Petitioner would include within the craft unit a. pattern checker,
pattern repair man, bench hands, bench hand trainees, and machine
hands. The Employer and the Intervenor took no position with
respect to these inclusions.
Pattern checker: This employee is an experienced pattern maker who
checks the work of other pattern makers and bench hands. We shall
include him within the voting group.'
2 At the time of the hearing , the unit sought consisted of 20 wood pattern makers, 5
wood pattern makers' apprentices , 23 metal pattern makers, 6 metal pattern makers' ap-
prentices , 4 machine hands , 16 bench hands , 1 bench hand trainee , 1 pattern checker, and 1
pattern repair man.
3 The Employer and the -Intervenor would include, and the Petitioner would exclude, two
pattern storekeepers, three molders, two laborers , one material chaser , and one varnisher,
all of whom work in the pattern shop.
4 Matter of General Motors Corporation, Buick Motors Division, 79 N. L . R. B. 376
Matter of J. I. Case Company, 81 N. L. R. B. 651; Matter of Dow Chemical Company, 77
N. L. R. B. 328.
5 Matter of York Corporation , 74 N. L. R. B. 934; Matter of General Motors Corporation,
Buick Motors Division , footnote 4, supra, wherein pattern checkers were included within a
pattern makers' unit.
THE WESTINGHOUSE AIR BRAKE COMPANY 1 1 35
Pattern repair mnan: The pattern repair man repairs patterns which
have been injured or damaged. Although his duties require less skill
than those of a journeyman pattern maker, his work is closely inte-
rated and related with that of the pattern makers. We shall include
him within the voting group.6
- Bench hands: Bench hands perform substantially the same work as
metal pattern makers, except they work on simpler patterns. Their
rate of pay is comparable to that of metal pattern makers. They read
blue prints and use pattern maker's tools. They spend an apprentice-
ship of about 2 years before they are classified as journeymen. Their
helpers are trained in substantially the same manner as pattern
makers' apprentices. As bench hands are essentially metal pattern
makers who work on benches,? we do not believe that their inclusion
within the voting group is inconsistent with the craft character of
the unit sought." We shall, therefore, include bench hands and bench
hand trainees.,,
Machine hands: These employees, using a lathe, perform machine
work in the pattern shop on metal patterns. As they perform essen-
tially machine work, involving machinist and not pattern making
skills; and as there are other machine hands employed in the plant, we
shall exclude them from the voting group.
There remains for consideration the contention of the Employer
and the Intervenor that certain classifications of employees should be
included within the voting group.10 The Petitioner opposes the in-
clusions as being inconsistent with the craft character of the unit
sought. The record discloses that while the employees in question
are under the supervision of the pattern shop foreman, such employees
do not perform pattern work, but are engaged in related duties in the
pattern shop. Such employees are not members of the pattern makers'
craft. Nor does it appear that they may ever attain craft status.11
e Matter of York Corporation, footnote 5, supra, wherein pattern repair men were in-
cluded within a pattern makers' unit.
4 The record discloses that metal pattern makers also perform bench work.
8 See Matter of General Motors Corporation, Buick Motors Division, footnote 4 supra,
wherein metal pattern makers working on benches were included within a craft unit of
pattern makers.
No reason appears for excluding bench hand trainees. They are trained in substantially
the same manner as pattern makers' apprentices, who are customarily included within units
of pattern makers. Matter of The Babcock & Wilcox Company, 72 N. L. R. B. 1256.
io The employees whom the Employer and the Intervenor seek to include are classified as
pattern storekeepers, molders, laborers, material chaser, and varnisher. See footnote
supra.
11 Although the molders are craftsmen, their work is not confined to the pattern shop,
and their inclusion within a unit of pattern makers would constitute a multi-craft group-
ing, which is contrary to our established policy. Matter of Shell Chemical Corporation, 79
N. L. R. B. 35; Matter of Inland Empire Paper Company, 80 N. L. R. B. 749.
1136 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
We shall, therefore, not include pattern storekeepers, molders, la-
borers, the material chaser, and the varnisher.12
We direct that an election be held in the following voting group,
including apprentices as is our practice :
All wood, nmetal, and plaster pattern makers at the Employer's
Wilmerding, Pennsylvania, plant, including bench hands, bench hand
trainees, pattern checkers, and pattern repair men, but excluding ma-
chine hands, the working group leader,13 pattern storekeepers, molders,
varnishers, laborers, the material chaser, guards, supervisors as de-
fined in the Act, professional and all other employees.
If a majority of the employees voting designate the Petitioner, they
will be taken to have indicated their desire to constitute a separate
appropriate unit.
DIRECTION OF ELECTION 14
. As part of the investigation to ascertain representatives for the
purposes of collective bargaining with the Employer, an election by
secret ballot shall be conducted as early as possible, but not later than
30 days from the date of this Direction, under the direction and super-
vision of the Regional Director for the Region in which this case was
heard, and subject to Sections 203.61 and 203.62 of National Labor
Relations Board Rules and Regulations, among the employees in the
voting group described in paragraph numbered 4, above, who were
employed during the pay-roll period immediately preceding the date
of this Direction of Election, including employees who did not work
during said pay-roll period because they were ill or on vacation or
temporarily laid off, but excluding those employees who have since
quit or been discharged for cause and have not been rehired or rein-
stated prior to the date of the election, and also excluding employees
on strike who are not entitled to reinstatement, to determine whether
or not they desire to be represented, for purposes of collective bar-
gaining, by Pattern Makers League of North America, Pittsburgh
Association, AFL.15
1 Matter of The Buckeye Steel Castings Company, 75 N. L. R. B. 982 ; Matter of The
Babcock d Wilcox Company, 72 N. L. R. B. 1256.
13 The parties stipulated that this employee is a supervisor within the meaning of the Act.
1+ As the Intervenor has failed to comply with the filing requirements in Section 9 (f),
(g), and (h) of the Act, it will be omitted from the ballot unless it effects compliance
within 2 weeks from the date of this Direction.
15 Any participant in the election directed herein may, upon its prompt request to, and
approval thereof by, the Regional Director, have its name removed from the ballot.