United Refrigerator Mfg. Co.

National Labor Relations Board - Board Decisions

Oct 12, 1945

64 N.L.R.B. 111 (N.L.R.B. 1945)

In th'e Matter Of UNITED REFRIGERATOR MFG. CO., EASTERN DIVISION,
INC. and UNITED STEELWORKERS OF AMERICA, CIO
Case No. 6-R-1182.-Decided October 12, 194,5
MI'. E. M. Pettibone, of Connelsville, Pa., for the Company.
Mr. John,J. Brownlee, of Pittsburgh, Pa., for the Union.
Mr. Philip Licari, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by United Steelworkers of America,
CIO, herein called the Union, alleging that a question affecting com-
Inerce had arisen concerning the representation of employees of
United Refrigerator Mfg. Co., Eastern Division, Inc., Connellsville,
Pennsylvania, herein called the Company, the National Labor Rela-
tions Board provided for an appropriate hearing upon due notice
before Allan Sinsheimer, Jr., Trial Examiner. Said hearing was
held at Pittsburgh, Pennsylvania, on July 2, 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,iiitroduce evidence bearing on the issues. The Trial Exaininer'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
United Refrigerator Mfg. Co., Eastern Division, Inc., is a Penn-
sylvania corporation engaged in the manufacture of refrigerators and
air conditioning equipment at Connellsville, Pennsylvania. Since
April 1945 the Company has purchased raw materials valued at
approximately. $10,000, of 'which more than 50 percent has -been.
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112 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
shipped from points outside the Commonwealth of Pennsylvania.
During the same period, the Company has produced goods valued in
excess of $200,000, all of which has been shipped to the United States
Government for the use of its arined forces throughout the world.
The Company admits, and we find, that it is engaged in commerce
within the meaning of the Act.
II. THE ORGANIZATION INVOLVED
United Steelworkers of America, affiliated with the Congress of In-
dustrial Organizations, is a labor,organization. admitting to member-'
ship employees of the Company,
III. THE QUESTION CONCERNING REPRESENTATION
The Union advised the Company'tliat it wished to be 'recognized as
the sole collective bargaining representative of certain of its employees.
The Company refused •to- accord, such recognition suntil the Union is
certified by the Board in an appropriate unit.
A statement of a Field Examiner, for the Board, introduced into
evidence at the hearing, indicates that the Union represents a substan-
tial number of-employees in theiinit hereinafter found appropriate.'
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 and the-Union agree that the appropriate unit should
consist of all production and maintenance employees t engaged at the
Company's Comiellsville, Pennsylvania; plant, including watchmen,
but excluding clerical and salaried employees,'employees of the New
York Termiiial Warehouse Association, foremen, and all other super
visory employees. They are in dispute, however, concerning a fore-
man; 2 the Company desires to exclude him and the Union wishes to
include him.
The Company employs a foreman whose function is to supervise a
spray gun paint crew composed of six painters. He is hourly paid,
as are all the Company's other foremen, and although he spends prac-
tically all his time doing work similar to that performed by members
of his crew, the record shows that he assigns work to these employees,
1 The Field Examiner reported that the Union submitted 106 authorization cards bearing
apparently genuine original signatures, of which 68 bore the names of persons appearing
on the Company's pay roll of 'June 13, 1945, which contained the names of 134 employees
in the alleged appropriate unit.
At the hearing the Trial Examiner stated on the record that the Union further submitted
29 application-tor-membership cards bearing'appalehtly genuine oiiglnal signatures, of
which 25 bore the names of persons appealing pn'the Company's pay roll of June 25, 1945.
2 The foreman involved is George Campbell
UNITED REFRIGERATOR MFG. CO. 113
instructs new men, and his pay is substantially higher than that of
any employee under his supervision.. It further appears that he'has
the authority to recommend effectively the discharge or transfer of
members of his crew. We are persuaded thatothe foreman in question
is a supervisory employee within the meaning of the Board's customary,
definition, and' we shall exclude him. -
' . We find • that all production and maintenance-employees engaged
at the Company's Conne'llsville, Pennsylvania; plant,,Jnc1uding4watch-
amen, but excluding clerical and salaried employees, employees of the
New York Terminal Warehouse Association, foremen,3 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, constitute an appropriate unit for
the purposes.of collective bargaining within the meaning of Section
9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among the
employees 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 Rela-
tions 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 United Refriger-
ator Mfg. Co., Eastern Division, Inc., Connellsville, Pennsylvania,
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 Sixth
Region, acting in this matter as agent for the National Labor Rela-
tions Board, and subject to Article III, Sections 10 and 11, of said
Rules and Regulations, among the employees in the unit found appro-
priate in Section IV, above, who were employed during the pay-roll
period immediately preceding the date of this Direction, including
i
8Including George Campbell, foreman of the spray gun paint crew.
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employees who did not work during the,sa;id 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 any who have since
quit or been discharged for cause and have not been rehired or rein;
stated prior, to the date of the. election, to • determine whether, or
not they desire to be represented by United Steelworkers of America,
CIO,,for the purposes of collective bargaining. .