McGann Manufacturing Co.

In the Matter of MCGANN MANUFACTURING COMPANY and INTERNA- TIONAL ASSOCIATION OF MACHINISTS Case No. R-5788.Decided 'August 21, 1943 Mr. W. Burg AAnstine, of York, Pa., for the Company.' Mr. E. C. Carlson, of Jamestown, N. Y., and Mr. R. Richard Eber- sole, of York, Pa., for the I. A. M. Miss Frances Lopinsky, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon amended petition duly filed by International Association of Machinists, herein called the I. A. M., alleging that a question affecting commerce had arisen concerning the representation of employees of McGann Manufacturing Company, York, Pennsylvania, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Robert H. Kleeb, Trial Examiner. Said hearing was held at York, Pennsylvania, on August 3, 1943. The Company and the I. A. M. appeared and participated.' All parties were afforded full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the is- sues. The Trial Examiner's rulings made at the hearing are, free from prejudicial error and are hereby affirmed. All parties were afforded opportunity to file briefs with the Board. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY McGann Manufacturing Company, a Pennsylvania corporation, was engaged until recently in the manufacture of heavy machinery such as cargo winches, traveling cranes, lime and hydrate plants, marine buoys, special machinery, and chemical equipment. It is now engaged' almost IInternational Molders & Foundry Workers Union, Local 53, A. F. of L., herein called the Molders, was also served with notice but did not appear. 52 N. L. R. B., No. 12. 55 56 DEiCPSAONS OF NATIONAL LABOR RELATIONS BOARD exclusively in the manufacture of cargo winches for ships under con- tract with the United States Maritime Commission. The Company receives partly finished products front many subcontractors located out- side the State of Peimsylvania.and finishes and assembles them at its York plant. In 1942, 95. percent of its products, valued at approxi- mately $1,125,000, was shipped in interstate and foreign commerce. The Company admits that it is engaged in commerce within the mean- ing of the Act. II. THE ORGANIZATION IN\OLVED International Association of Machinists is a labor organization ad- mitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION On June 3, 1943, an I. A. M. representative requested an audience with the Company's president to present the Union's demands for recognition. The audience was never granted. A statement of the Regional Director introduced into evidence indi- Lcates that the I. A. M. represents a substantial number of employees in the unit herein found appropriate.2 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 I. A. M. petitioned for a unit composed of all maintenance and production employees of the Company, excluding supervisory, office and clerical employees, pattern makers, foundry employees and guards. The Company contends that pattern 1lnakers' and foundry employees should be included in the unit because the plant is small, and the work of all departments is closely interrelated. Although all departments of the plant are under one roof, and there is sometimes an interchange of helpers (but not of skilled employees) between the foundry and other departments, it is clear that the foundry is a separate and distinct department. The I. A. M. in accordance with its usual practice, did not attempt to organize the foundry employees but encouraged them to join the Molders Union 3 which is conducting 2 The I. A. M. submitted to the Regional Director 102 authorization cards, all dated In, May 1943 . Sixty-two, ,of, these bore ,, apparently , genuine, , original; signatures .,wbich correspond with names contained in the Company 's-July 27,, 1943, pay` roll which' contains 114 names in the appropriate unit. e The I. A. M. withdrew from the A . F. of L. May 31, 1943, after its membership drive had begun in conjunction with the Molders in the McGann , plant. The I A M. retains 'its,affiliation with the Metal Trades Council and so its withdrawal from the A F of L. did not negate its jurisdictional agreements with the Molders There are 52 foundry employees listed in the Company's August 3 , 1943, pay roll McGANN MANUFACTURING COMPANY 57 a membership drive among them. The jurisdiction of the two unions is well defined and governed by agreements between themselves which make for harmonious labor relations in plants where they represent their respective crafts. We shall, therefore, exclude foundry employ- ees from the unit .4 There is only one pattern maker employed by the Company. He is at present engaged in repairing and correcting patterns. He is listed by the Company in its pay roll as a foundry employee. As he is closely allied with the foundry, we shall exclude him from the unit. The pattern maker is assisted by a carpenter and two maintenance men. The carpenter spends 95 percent of his time in the foundry. The two maintenance men are subject to call to do odd jobs all over the plant, but apparently have headquarters with the pattern maker. We shall exclude the pattern maker's assistant from the unit. We find that all maintenance and production employees of the Com- pany at its York, Pennsylvania, plant, excluding office and clerical employees, guards, the pattern maker and his assistants, the carpenter and all other foundry employees; and all 's'upervisory employees with authority to hire, promote, discharge, discipline or otherwise effect changes in the status of employees or effectively recommend such action constitute a unit appropriate for collective bargaining within the meaning of Section 9 (b) of the Act. 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 employ- ees in the appropriate unit who were employed during the pay-roll period immediately preceding the date of the Direction of Election herein, subject to the limitations and additions set forth in the Direc- tion.. 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 the National Labor Relations Board Rules and Regulations-Series 2, as amended, it is hereby DntEcTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with McGann Manufac- turing Company, York, Pennsylvania, an election by. secret ballot shall be coriducted`as-early}as possible, but not later than thirty (30) days from the date of this Direction, under the direction and supervision of the Regional Director for the Fourth Region, acting in this matter as 4 See Matter of The Hutchinson Foundry & Steel Company, 43 N. L. R. B. 280 ; Matter of Columbian Bronze Corporation, 39 N. L. R. B. 156. 58 DECTSSONS OF NtATIONAtL LABOR RELMflONIS BOARD agent for the National Labor Relations Board, and subject to Article III, Section 10, of said Rules and Regulations, among the employees in the unit found appropriate in Section IV, above, who were employed during the pay-roll period immediately preceding the date of this Direction, including employees who did not work during said pay-roll period because-they were ill or on vacation or temporarily laid off, and including employees in the armed forces of the United States who present themselves in person at the polls, but excluding those employees who have since quit or been discharged for cause, to determine whether or not they desire to be represented by International Association of Machinists, for the purposes of collective bargaining. • CHAn MAN Maus took no part in the consideration of the above Decision and Direction of Election. r4tt