Erie City Iron Works

In the Matter of ERIE CITr IRoN WORKS and PATTERN MAKERS LEAGUE OF NORTH AMERICA (AFL) Case No. R-47413.-Decided February 8, 1943 Jurisdiction : engine, boiler, tank and coal pulverizing equipment manufacturing industry. Investigation and Certification of Representatives : existence of question : re- fusal to accord recognition ; automatically renewable contract held no bar to, when petitioner gave timely notice of its claims ; election necessary. Unit Appropriate for Collective Bargaining : all pattern makers and pattern makers' apprentices, excluding the foreman, pattern carrier, and assistant pattern carrier permitted to determine whether they desired separate unit or be part of existing industrial unit. Mr. W. Pitt Gifford, of Erie, Pa., for the Company. Mr. C. D. Madigan, of Cleveland, Ohio, and Mr. R. D. Lichtenwalter, of Erie, Pa., for the Pattern Makers League. Mr. John A. Spaeder, of Erie, Pa., for the Association. Mr. Wallace E. Roaster, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by Pattern Makers League of North America (AFL), herein called the Pattern Makers League, alleging that a question affecting commerce had arisen concerning the repre- sentation of employees of Erie City Iron Works, Erie, Pennsylvania, herein called the Company, the National Labor Relations Board pro- vided for an appropriate hearing upon due notice before Henry Shore, Trial Examiner. Said hearing was held at Erie, Pennsylvania, on January 9,1943. The Company, the Pattern Makers League, and Erie City Iron Works Employees Welfare Association, herein called the Association, appeared, participated, and were afforded full oppor- tunity 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. 47 N. L. It B., No. 49. 381 382 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Erie City Iron Works is a Pennsylvania corporation having its plant and offices in Erie, Pennsylvania. It is engaged in the manufacture of engines, boilers, tanks, and coal pulverizing equipment. The prin- cipal raw materials used in the process of manufacture are.boilerplate, tubes, pig iron, brick, coal, sand, and structural steel. Such materials, used in 1942, had a value in excess of $3,000,000, of which approxi- mately 75 percent was received from points outside the State of Penn- sylvania. During the same year the Company produced products having a value in excess of $7,000,000, of which approximately 75 per- cent was shipped to points outside the State of Pennsylvania. The Company concedes for the purpose of this proceeding that it is engaged in commerce within the meaning of the National Labor Rela- tions Act. II. THE ORGANIZATIONS INVOLVED Pattern Makers League of North America is a labor organization affiliated with the American Federation of Labor. It admits to mem- bership pattern makers and pattern makers' apprentices employed by the Company. Erie City Iron Works Employees Welfare Association is an unaffili- ated labor organization. It admits to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The Pattern Makers League advised the Company in August 1942 that it represented a majority of the pattern makers and pattern makers' apprentices in the employ of the Company and requested recog- nition. The Company refused this request and stated that a contract with the Association was a bar to a determination of representatives. This contract, which the Association also asserts to be a bar, was executed on November 7, 1940, and is to continue from year to year subject to termination upon 30 days' written notice prior to the anni- versary date. Since the claim of the Pattern Makers League was made more than 30 days prior to that date, we find that the contract does not constitute a bar to an invesigation to determine the bargaining representative of the pattern makers. A statement of the Regional Director, introduced into evidence, the statement of the Trial Examiner, and other evidence at the hearing, . ERIEI CITY IRON WORKS 383 indicates that each of the labor organizations represents a substantial number of employees in the unit it contends to be 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 DETERMINATION OF REPRESENTATIVES The Company and the Association contend that all employees in the pattern shop,. including the pattern carrier and assistant pattern carrier, but excluding the foreman, constitute a: unit appropriate for the purposes of collective bargaining. The Pattern Makers League would include the foreman, but exclude the pattern carrier and assistant pattern carrier. With the exception of powerhouse employees, who are repre- sented by International Brotherhood of Firemen and Oilers, all production and maintenance employees of the Company, including pattern makers, have been represented, for the purposes of collec- tive bargaining, by the Association under the-contract of November 7, 1940. On that date one pattern maker foreman and one apprentice were employed by the Company. The foreman, because of his super- visory duties, was ineligible to membership in the Association. With the exception of an apprentice and the pattern carrier, all present employees in the pattern shop were employed subsequent to the nego- tiation of the Association contract. The pattern shop is not repre- sented as such in the councils of the Association but is considered as an adjunct of the foundry. There is no Association-shop steward in the pattern shop. The pattern shop is located on the second floor of a building sepa- rate from the other shops. The remaining floors in this building are used for the storage of patterns. Except for the foreman, the pattern makers and apprentices have no, contact with other employees in the plant. Including the foreman, five employees, eligible to membership in the Pattern Makers League, were employed by the Company at the time of the hearing. The pattern carrier and his assistant do not work on patterns and do not qualify for membership. I The Regional Director stated that the Pattern Makers League submitted five undated application for membership cards all bearing apparently genuine original signatures, of which four bore the names of persons appearing on the Company 's pay roll of November 18, 1942. It was testified at the hearing that these cards were signed in August 1942 but that all of the signers were members for varying periods prior thereto. There are five employees in the unit for which the Pattern Makers League contends. The Trial Examiner stated that he had examined five application for membership cards submitted by the Association ; that all bore apparently genuine original signatures, and the names of persons appearing on the Company 's pay roll for November 18, 1942. These cards were dated variously from July 1939 to January 8, 1943. There are six employees in the unit for which the Association contends. - 3$4 DECISIONS OF NATIONAL LABOR RELATIONS BOARD We have previously found that pattern makers constitute a clearly identifiable skilled craft and possess many interests in common par- ticularly when, as here, they are segregated from the other shops in the plant. We are of the opinion that the facts presented in this case are comparable to those in the Goodyear Aircraft case,2 and that the de- sires of the pattern makers themselves should control the determina- tion of the type of union through which they shall bargain. It is clear from the evidence that the pattern carrier and the assist- ant pattern carrier do not work on patterns and are not eligible to membership in the Pattern Makers League. It is equally clear that the foreman spends a substantial portion of his time in the per- formance of supervisory duties. In view of the foregoing, we shall direct that the question con- cerning representation which has arisen be resolved by an election by secret ballot among all pattern makers and pattern makers' ap- prentices, excluding the foreman, pattern carrier, and assistant pat- tern carrier, who were employed by the Company during the pay-roll period immediately preceding the date of the Direction of Election, subject to the limitations and additions set forth therein, to determine whether they desire to be represented by the Pattern Makers League or by the Association. If a majority select the Pattern Makers League as their representative, they will constitute a separate and distinct unit; if a majority of them choose the Association, then they shall be considered a part of the present industrial unit. 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 2, as amended, it is hereby DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with Erie City Iron Works, Erie, Pennsylvania, an election by secret ballot shall be con- ducted as early as possible, but not later than thirty (30) days from the date of this Direction of Election, under the direction and super- vision of the Regional Director for the Sixth Region, acting in this matter as agent for the National Labor Relations Board, and sub- 2 See Matter of Goodyear Aircraft Corp. and Pattern Makers League of North America (AFL), 45 N. L. R. B . 369. See also Matter of Bethlehem Steel Company (Shipbuilding Division) and Pattern Makers League of North America, Now York Association, 40 N. L. R. B. 922, and Matter of Bendiw Products Division of Bendim Aviation Corporation and Pattern Makers League of North America, South Bend Association, affiliated with the A. F. of L., 39 N. L. R. B. 81. ERIE CITY IRON WORKS 385 ject to Article III, Section 10, of said Pules and Regulations, among all pattern makers and pattern makers ' apprentices of the Company, excluding the pattern carrier, assistant pattern carrier, and the fore- man of the pattern shop , who were employed during the pay-roll period immediately preceding the date of this Direction , including :6n1il6yees who did not work during such pay-roll period because they were ill or on vacation or temporarily laid off, and including employees, ina -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, to determine whether they desire to be represented by Pattern Makers League of North America (AFL), or by Erie City Iron Works Employees Welfare _, Associa- tion, unaffiliated , for the purposes of collective bargaining, or by neither. 613024-43-vol. 47-25