Buffalo Foundry & Machine Co.

In the Matter of BUFFALO FOUNDRY & MACHINE CO. and ASSOCIATED WELDERS OF WESTERN NEW YORK, INC. Case No. R-4658.-Decided January 29, 1943 Jurisdiction : chemical castings and plant equipment manufacturing industry. Practice and Procedure : petition dismissed when, no appropriate unit found within its scope ; proposed unit of welders separate from industrial unit covered by existing contract rejected in the absence of a homogeneous and clearly identi- fiable group of welders. O'Brien, Hellings, Ulsh- and Morey, by Mr. T. Kaylor Jenkins, of Buffalo, N. Y., for the Company. Mr. Solomon Tully, of Buffalo, N. Y., for the Welders. Mr. Arthur E. Otten, of Buffalo, N. Y., for the Association. Mr. Leon Novak, of counsel to the Board., DECISION AND ORDER STATEMENT OF THE CASE Upon petition duly filed by Associated Welders of Western New York, Inc., herein called the Wielders, alleging that a question affect- ing commerce had arisen concerning the representation of certain of the employees of Buffalo Foundry & Machine Co., Buffalo, New York, herein called the Company, the National Labor Relations Board pro- vided for an appropriate hearing upon due notice before Francis V. Cole, Trial Examiner. Said hearing was held at Buffalo, New York, on December 4, 1942. The Company, the Welders, and ,Employees' Association of Buffalo Foundry & Machine Co., herein called the Asso- ciation, appeared, participated, and were afforded full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evi- dence bearing on the issues. 1 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: ' Although served with notice, United Electrical, Radio and Machine Workers of America, C. I O , did not appear or participate in the hearing. 47 N L R B,No.13. 78 t• BUFFALO FOUNDRY & MACHINE CO. FINDINGS OF FACT I. THE BUSINESS CF THE COMPANY 79- Buffalo Foundry R, Machine Co. is a New York corporation with its principal office and place of business in Buffalo, New York, where it is'engaged in the manufacture and distribution of dryers, evapora- tors, chemical castings, and chemical plant equipment. During the 6 months preceding November 1, 1942, the Company used raw mate- rials valued in excess of $1,126,000, 67 percent of which was shipped to its from points outside the State of New York. During the same period the Company sold-finished products valued at approximately $3,188,000, of which approximately 85 percent was 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 ORGANIZATIONS INVOLVED ' Associated Welders of Western New York, Inc., is a labor organiza- tion admitting to membership employees of the Company. Employees' Association of Buffalo Foundry & Machine Co. is a labor organization admitting to membership employees of the Com- pany. III TIIE ALLEGED APPROPRIATE UNIT By letter dated June 24, 1942, the Welders requested recognition 'from the Company as the exclusive, bargaining representative of the welders. The Company refused this request on the basis of its existing contract with the Association, dated January 2, 1942, recognizing the Association as the exclusive bargaining agent for all its production and maintenance employees, exclusive of executives, office employees, foremen and other supervisory employees.2 The contract was for a period of 1 year, renewable automatically from year to year thereafter unless notice of a contrary intention was given by either party 90 days prior to any anniversary date. By supplemental contract dated Octo- ber 23, 1942, the term of this contract was extended for an additional term of 1 year. The Company normally employs about 442 production and- mainte- nance employees, about 13 of whom are welders and welders' appren- tices. The welders are located in the fabricating shop of the Company 2 Prior to the execution of the contract between the Company and the Association, a petition for iniestigation and certification of representatives was filed on December 15, 1941 , by the Association ; on Deceml er 30, 1941 , the Regional D rector of the This d Region, after a cross-check of the Association 's membership against the Company's pay roll pur- suant to agreement between the Company and the Association, certified that a majority of the production and maintenance employees of the Company, exc lusive of excutives, foremen, or others employed in a supervisory or confidential capacity, had designated the Association as their representative for the purposes of collective bargaining. 80 DECISIONS OF NATIONAL LABOR RELATIONS BOARD where there are also employed persons engaged in lay-out of metals, forming, brazing, and riveting. While the welders are supervised by a welding superintendent, this supervision is confined only to their welding operations , for in addition to welding, these employees are also engaged, from time to time, in other functions in other depart- ments of the Company. At' such times , the welders are not super- vised by the welding superintendent. In addition, while supervision by the welding superintendent follows the , welders in all of their welding operations, it does not appear that the welding superintend- ent is himself exclusively engaged in welding supervision . Some of the operations preparatory to welding ,,such as burning and setting up). are also supervised by him, at which time the employees so en- gaged are under dual supervision, since their other ' functions are supervised by another supervisor . • Furthermore, not all of the weld- ing of the Company is performed by the welders as some work in the nature of welding, such as tacking , is also done by the sheet-metal workers who are hired for the laying out of sheet metal . On the other hand welders are also required , occasionally, to perform some of the work normally done by the sheet-metal workers. Under all of the circumstances, including the history of bargaining upon .an industrial basis and the-absence of a homogeneous and clearly identifiable group' of' welders , "we are of the opinion that the collective bargaining unit established by the contract between the Company and the Association should be retained . We therefore find that the sep- arate bargaining unit sought to be established by the Welders, is not appropriate for the purposes of collective bargaining. Werfind that no question of representation of employees of Buffalo Foundry & Machine Co . in a unit appropriate for purposes of collec- tive , bargaining has arisen , within the meaning of Section 9 (c) of .the National Labor Relations Act. ORDER Upon the basis of the foregoing-findings of fact, the National Labor Relations Board hereby orders that the petition for investigation and certification of representatives of employees of Buffalo Foundry & Machine Co., filed by Associated Welders of Western New York, `Inc'., be, and it hereby is, dismissed.