The E. T. Fraim Lock Co.

In the Matter of E. T. FRAIM LOCK COMPANY, SAMUEL R. FRAIM, MARY M. FRAIM, SAMUEL E. FRAIM, AND EDWARD T. FRAIM, 2ND, CO-PARTNERS, TRADING AS THE E. T. FRAIM LOCK COMPANY and INTERNATIONAL MOLDERS & FOUNDRY WORKERS' UNION OF NORTH AMERICA (A. F. OF L.) Case No. R-3461-Decided February 25,19J12 Jurisdiction : lock manufacturing industry. Investigation and Certification of Representatives : existence of question: re- -fusal to accord exclusive recognition to petitioning union for foundry em- ployees because of contract with defunct union covering all maintenance and production employees ; election necessary. Unit Appropriate for Collective Bargaining : all molders, core-makers, and foundry employees, exclusive of supervisors Mr. Ralph H. Barley and Mr. Paul A. Mueller, by Mr. Ralph M. Barley, of Lancaster, Pa., for the Company. Mr. Louis H. Wilderman, of Philadelphia, Pa., for the Uriion. Mr. Gerard J. Manacle, of, counsel to- the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF TIIE CASE On November 14, 1941, International Molders & Foundry Workers' Union of North America (A. F. of L.), herein called the Foundry Workers, filed with the Regional, Director for the Fourth Region (Philadelphia, Pennsylvania) a petition alleging that a question affecting commerce had arisen concerning the representation of em- ployees of E. T. Fraim Lock Company, Samuel R. Fraim, Mary M. Fraim, Samuel E. Fraim, and Edward T. Fraim, 2nd, Co-Partners, trading as The E. T. Fraim Lock Company,' herein called the Com- pany, and requesting an investigation and certification of representa- tives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On December 27, 1941, the ' The employees were incorrectly designated in the petition as E T Fraim Lock Company, which designation was corrected by motion at the hearing 39 N. L. R. B., No. 34. 202 THE E. T. FRAIM LOCK COMPANY 203 National Labor Relations Board, herein called the Board, acting pur- suant to Section 9 (c) of the Act, and Article III, Section 3, of National Labor Relations Board Rules and Regulations-Series 2, as amended, ordered an investigation and authorized the Regional' 'Director to conduct it and to, provide for an appropriate hearing upon due notice. , On January 8, 1942, the Regional Director issued a notice of hear- ing, copies of which were duly served upon the Company, the indi- vidual partners thereof, and the Foundry Workers. Pursuant to notice, a hearing was held on January 16, 1942, at Lancaster, Penn- sylvania, before Robert H. Kleeb, the Trial Examiner duly designated by the Chief Trial Examiner. The Company and the Foundry Workers were represented by counsel and participated in the hearing. Full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing upon the issues was afforded all parties: During the course of the hearing the Trial Examiner made various rulings on motions and objections to the admission of evi- dence. The,Board has reviewed'the rulings of the Trial Examiner and finds that no prejudicial errors were committed. The rulings are hereby affirmed. Upon the entire record in the case, the Board makes the following: FINDINGS OF FACT 11. THE BUSINESS OF THE COMPANY Samuel R. Fraim, Mary M. Fraim, Samuel E. Fraim, and Edward T. Fraim, 2nd, are, and since April 1, 1937, have been, engaged in business' as a copartnership under the trade name and style of The E. T. Fraim Lock Company. The Company manufactures, sells, and distributes various types of locks and night latches, and in connec- tion therewith operates a plant in Lancaster, Pennsylvania, where its products are made. The plant employs between 124 and 200 production workers. The Company uses in the course of manufacturing operations at the Lancaster plant quantities of brass, steel, copper, tin, manganese, and paint, which are regularly brought to the plant from outside the State of Pennsylvania, and which constitute 35 percent of the raw, materials used in such operations. In 1940 and 1941 the Company sold between $350,000 and $450,000 worth of finished products, of, which 90, percent were shipped into and, through other States of the United States. The Company admits that it is engaged in commerce within the meaning of the Act. 204 DECISIONS OF NATIONAL LABOR RELATIONS BOARD II. THE ORGANIZATION INVOLVED International Molders & Foundry Workers' Union of North America, affiliated with the American Federation of Labor, is a labor organization admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION On September 18, 1940, the Board certified Lock Workers Union Local No. 20836, a Federal Union affiliated with the American Fed- eration of Labor, as the exclusive representative of the Company's production and maintenance employees, exclusive of clerical em- ployees, foremen, and supervisory employees.2 On September 275 1940, the Company and this labor organization executed an exclusive recognition contract covering the foregoing unit. The contract was to be in force until January 1, 1942, and provided for automatic renewal for one-year periods from year to year unless 30 days' written notice of termination was given by either party thereto before the expiration of any annual renewal date. Since July 1941, however, the Federal Union has not functioned, and on or about September 15, 1941, its charter was revoked by the American Fed- eration of Labor. In October 1941, more than 30 days prior- to the expiration date of the aforesaid contract, the Foundry Workers, claiming to represent a majority of the molders, coremakers, and other foundry workers of the Company, repeatedly requested the Company to recognize it as the exclusive representative of all foundry employees. The Company refused because of the contract with the Federal Union, and contends that the contract is a bar to this pro- ceeding. Since, however, the Federal Union is defunct; and the Foundry Workers asserted- its- claim in October 1941,4 we find that the contract is not a bar to this proceeding. At the hearing the Foundry Workers introduced evidence showing that it represents a substantial number of employees in the unit hereinafter found to be appropriate ,5 We find that a question lias arisen concerning the representation of employees of the Company. 2 27 N. L R. B. 302. 'Matter of the Fischer Lumber Company , Inc and International Woodworkers of America, Local No. 23y7, affiliated with the C. I. 0, 31 N. L. R. B. 828 4 Matter of Vincent Steel Process Company and International Union, United Automobile Workers of America, C. I 0, 32 N. L. R B. 991. 6 The Foundry Workers submitted 14 undated membership cards , all of which were signed in September 1941. All appear to bear genuine original signatures, 13 of which are names appearing on the Company 's December 31, 1941, pay roll of foundry employees containing 16 names. THE E. T. FRAIM BOCK COMPANY 205 IV. THE EFFECT OF THE QUESTION CONCERNING - REPRESENTATION UPON COMMERCE We find that the question concerning representation which has arisen, occurring in connection with the operations of the Company described in Section I. above, has a close, intimate, and substantial relation to trade, traffic, and commerce among the several States and tends to lead to labor disputes burdening and obstructing com- merce and the free flow of commerce. , V. THE APPROPRIATE UNIT The Foundry Workers claims that the molders, coremakers, and foundry employees constitute an appropriate unit. The Company contends that all maintenance and production employees, excluding clerical employees, foremen, and other supervisory employees, con- stitute an appropriate unit.' The Company relies on the certification of the Board and the contract noted in Section III above.' The foundry department is located in,a separate building in which ,only molders, coremakers, and the other foundry employees work. The work performed by qualified molders and coremakers requires at least four years of training, and the other foundry employees do work related to the foundry department only. There is no inter- change of employees between this department and the other de- partments of the plant. The employees in the other departments are ineligible for membership in the Foundry Workers. Under these circumstances, and since the bargaining agent of the plant unit heretofore established by the Board' is defunct, and no other labor organization is asserting any claims concerning the rep- resentation of the Company's employees, we find that all molders, coremakers, and foundry workers of the Company, exclusive of supervisory employees, constitute an appropriate unit for the pur- poses of collective bargaining, -and that said unit will insure to employees of the Company the full benefit of their right to self- organization and to collective bargaining and will otherwise effectu- ate the policies of the Act. VI. THE DETERMINATION OF REPRESENTATIVES We find that the question concerning representation which has arisen can best be resolved by an election by secret ballot. We shall The certification was based on the agreement of all parties to that proceeding as to the appropriate unit, and the Foundry Workers was not a party thereto . See Matter of E. T. Praim Lock Company, Samuel If. Fraim, Mary M. Fraim, Samuel E. Fra,im, and Edward T. Fraim, 2nd, Co-Partners , trodma as The E T. Fraim Lock Company and Amalgamated Association of Iron, Tin and Steel Workers of North America, Lodge 1732, 24 N. L. R. B 1190 7 See footnote 2, above. 206 DECISIONS OF NATIONAL LABOR RELATIONS BOARD direct that the employees of the Company eligible to vote in the election shall be those in the appropriate unit who were employed by the Company during the pay-roll period immediately preceding. the date of this Direction of Election, subject to the limitations and addi- tions set forth in the Direction. Upon the basis of the above findings of fact and upon the entire record in the case, the Board •makes the following: CONCLusIONs of LAW 1. A question affecting commerce has arisen concerning the repre- sentation of employees of E. T. Fraim Lock Company, Samuel R. Fraim, Mary M. Fraim, Samuel E. Fraim, and Edward T. Fraim, 2nd, Co-Partners, trading as The E. T. Fraim Lock Company, Lan- caster, Pennsylvania, within the meaning of Section 9 (a) and Sec- tion 2 (6) and (7) of the National Labor Relations Act. 2. All molders, coremakers, and foundry workers of the Company, exclusive of supervisory employees, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act. 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 Re- lations Act, 49 Stat. 449, and pursuant to Article III, Section 2, of National Labor Relations Board Rules and Regulations-Series 2, as amended, it is hereby DIRECTED that, as part of the investigation authorized by the Board to ascertain representatives for the purposes of collective bargaining with E. T. Fraim Lock Company, Samuel R. Fraim, Mary M. Fraim, Samuel E. Fraim, and -Edward T. Fraim, 2nd, Co-Partners, trading as The E. T. Fraim Lock Company, Lancaster, Pennsylvania, an election by secret ballot shall- be conducted as early as possible, but not -later than thirty (30) days after the date of this Direction of Election, under the direction and'supervision of the Regional Director for the Fourth Region, acting in this matter as agent for the National Labor Relations Board, and subject to Article III, Section 9, of said Rules and Regulations, among all molders, coremakers, and foundry workers of E. T. Fraim Lock Company, Samuel R. Fraim, Mary M. Fraim, Samuel E. Fraim, and Edward T. Fraim, 2nd, Co-Partners. trading as The E. T. Fraim Lock Company, who, were employed by the Company during the pay-roll period immediately preceding. the date of this Direction of Election, including employees Who did' riot work during such pay-roll period because they were ill or on vacation, or in the active military service or training of the United States, 'or THE E. T. FRAIM LOCK COMPANY , 207 temporarily laid off, but exclusive of supervisory employees, and employees who have since quit or been discharged -for cause , to deter- mine whether or not-they desire to be represented for the purposes of collective bargaining by International Molders & Foundry Workers' Union of North America (A . F. of L.). CHAIRMAN MILLIS took no part in the consideration of the above Decision and Direction of Election. 44 8105-42-vv01. 39-15 In the Matter of E. T. FRAIM LocK COMPANY, SAMUEL R. FRAIM, MARY M. FRAIM, SAMUEL E. FRAIM, AND EDWARD T. FRAIM, 2ND, CO-PARTNERS, TRADING AS THE E. T. FRAmI LOOK COMPANY and INTERNATIONAL MOLDERS & FOUNDRY WORIu Rs' UNION OF NORTH AMERICA (A. F. of L.) Case No. B-3461 CERTIFICATION OF REPRESENTATIVES March 31, 194. On February 25, 1942, the National Labor Relations Board issued a Decision and Direction of Election in the above -entitled proceed- ing.1 Pursuant to the Direction of Election, an election by secret ballot was conducted on March 19 , 1942, under the direction and supervision of the Regional Director for the Fourth Region (Phila- delphia, Pennsylvania). On March 20, 1942, the Regional Director, acting pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended, duly issued and served upon the parties an Election Report. No objections to the conduct of the ballot or to the Election Report have been filed by any of the parties. As to the balloting and the results thereof, the Regional Director reported as follows : Total on eligibility list -------------------------------------- 13 Total ballots cast-------------- -------------- ----------------------------- 11 Total ballots challenged----------- --------- ---------------- 0 Total blank ballots_________________________________________ 0 Total void ballots ------------------------------------------ 0 Total valid votes counted___________________________________ 11 Votes cast for International Molders & Foundry Workers' Union of North America (A. F of L) -------------------- 10 Votes cast against International Molders & Foundry Workers' Union of North America (A. F. of L.) -------------------- I 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, 49 Stat. 449, and pursuant to Article III, Sections 8 and 1 39 N L. R. B 202. 39 N. L. R. B, No 34a. 208 E. T. FRAIM LOCK COMPANY 209 9, of National Labor Relations Board Rules and Regulations-Series 2, as. amended, IT, IS HEREBY CERTIFIED that International Molders X Foundry Workers' Union of North America (A. F. of L.) has been designated and selected by a majority of all molders, coremakers, and foundry workers of the E. T. Fraim Lock Company, Samuel R. Fraim, Mary M. Fraim, Samuel E. Fraim, and Edward T. Fraim, 2nd, Co- Partners, trading as The E. T. Fraim Lock Company, excluding supervisory employees, as their representative for the purposes of collective bargaining, and that, pursuant to the provisions of Section 9 (a) of the National Labor Relations Act, International Molders & Foundry Workers' Union of North America (A. F. of L.) is the exclusive representative of all such employees for the purposes of collective bargaining with respect to rates of pay, wages, hours of employment, and other conditions of employment.