The Weisberg Baer Co.

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.