A. P. de Sanno & Son, Inc.

In the,Matter of A. P. DE SANNO & SON, INC. and CONGRESS OF INDUSTRIAL ORGANIZATIONS Case No. R-4966.-Decided March 18, 1943 Jurisdiction : abrasives manufacturing industry. Investigation and Certification of Representatives : existence of question ; con-' tract renewed after notice of petitioner's claim to representation, no bar ; election necessary. Unit Appropriate for Collective Bargaining : 'production and maintenance em- ployees excluding employees with the power to hire and discharge, super- visors, compounders, salesmen, office workers, watchmen, guards, and a specifically named employee ; stipulation as to. '1 Mr. Peter Zion, of Philadelphia, Pa., for the Company. Mr. Otto Hartman, of Philadelphia, Pa., for District 50. Messrs. George Craig and George Bucher, both of Philadelphia, Pa;, for the C. I. O. Mr. David V. Easton, of counsel to the Board. DECISION AND DIRECTION OF-ELECTION STATEMENT OF THE CASE -- Upon, petition duly filed by Victor Ulevitch, C. I. O. field represent- ative, on behalf of the Congress of Industrial Organizations, herein called the C. I. O., alleging that a question affecting commerce had arisen concerning the representation of employees of A. P. de Sanno & Son, Inc., Phoenixville, Pennsylvania, herein called the Company, the National Labor Relations Board provided for aiY appropriate hearing upon due notice before Robert H. Kleeb, Trial Examiner. Said hearing was held at Philadelphia, Pennsylvania, on March 6, 1943. The Company, the C. I. O., , and Local 12092, District 50, United Mine Workers of America, herein called District 50, appeared, participated,, and were afforded full opportunity to be heard, to ex, amine and cross-examine witnesses, and to introduce evidence bearing. on the issues. At the hearing District 50 made a motion to dismiss the petition which the Trial Examiner referred to' the Board. For reasons appearing below, this motion is denied. The Trial Examiner's 48 N. L. R. B., No. 38. 283 284 DECISIONS, 'OF NATIONAL LABOR RELATIONS. BOARD' rulings made at thelearin g are free from prejudicial error and are hereby affirmed. On March 12, 1943, District 50 filed a brief which the Board has considered. - Upon the entire record in the case, the Board makes the following: FINDINGS OF FACT 1. TIIE BUSINESS OF THE COMPANY A. P. de Sanno & Son, Inc., a Pennsylvania corporation, with its plant and principal place of business located at Phoenixville, Pennsyl- vania, is engaged in the manufacture of grinding wheels and abrasives. During the year 1942, the Company purchased raw materials in an amount exceeding' $250,000 and sold finished products in an amount exceeding $1,000,000. Approximately 90 percent of its purchases were derived from; points outside the State of Pennsylvania, and approxi- mately 90 percent of its safes' were made to points outside the State of Pennsylvania.' The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. H. THE ORGANIZATIONS INVOLVED' •3 Congress of Industrial Organizations is a labor organization ad- mitting to membership employees of the Company. Local 12092, District 50, United Mine Workers of America, is a labor organization admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION On March 18, 1942, the Company and District 50 executed a contract expiring March 18, 1943. The contract provided that it was to remain in effect from year to year thereafter, unless written notice of termina- tion was given 'by either party at least 30 days prior to said expiration date. Although the contract was between the Company and District 50, C. I. 0., all parties are agreed that District 50 is no longer affiliated with the Congress of Industrial Organizations: On February 11, 1943, the C. I. 0., by letter, requested recognition from the Company, and on February 17, District 50 gave written notice to the Company of its desire to "alter" the contract. The C. I. O. contends that the con- tract is not a bar to a present determination of representatives. Dis- trict 50 contends that the contract was automatically renewed inasmuch as the required notice of termination- was not given, and hence con- stitutes a bar. We do not agree with the latter contention. Since the C. I. O. gave notice of its claim prior to the date upon which the contract would have been automatically renewed, we find that the con- A. P. DE SANNO & SON, INC. 285 tract of March 18, 1942, does not constitute a bar to a present deter- mination of representatives. l A statement of the Regional. Director, introduced into evidence at the hearing, indicates that the C. I. O. represents a substantial number of employees in the unit 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 Iii accordance with a stipulation of the parties, we find that all production and maintenance employees of the Company, excluding those employees with the power to hire and discharge, supervisors, compounders, salesmen, office workers, watchmen, guards, and Harry Pinney, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act.z 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 em- ployees in the appropriate unit who were employed during the pay-roll period immediately preceding the date of our Direction of Election, subject to the limitations and additions set forth therein. 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 Relations Act, and pursuant to Article III, Section 9, of National Labor Rela- tions Board Rules and Regulations-Series 2, as amended, it is hereby ' Dn1ECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with A. P. de Sanno & Son, Inc., Phoenixville, 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,super- vision of the Regional Director for the Fourth Region, acting in this matter as agent for the National Labor Relations Board, and sub- ject to Article III, Section 10, of said Rules and Regulations, among 1 The Regional' Dnector reported that the C I 0 submitted 226 authorization cards, of which 205,beai apparently genuine onginal signatures , and the names contained thereon appear upon a pay roll submitted by the Company Said pay roll contains the names of 280 employees District 50 relies upon its agreement with the Company dated March 18, 1942 , as establishing its interest. 2 This is substantially the sane unit covered by the contract - referred to above. 286 DECISIONS OF -NATIONAL, LABOR, RELATIONS BOARD the employees in the unit found appropriate in ' Section- IV, above; who were employed during the pay-roll period immediately preced- ing the date of this Direction, including any such employees who did not work di}ring said pay-roll period because they were ill or on va- cation or temporarily laid oft, 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, to determine whether they desire to be represented by Con- gress of Industrial Organizations, or by Local 12092, District 50, affili- ated with the United Mine `Yorkers of America, for the purposes of collective bargaining, or by neither. MR. JOHN M. HousToN took no part in the consideration of the above Decision and Direction of Election.