E. T. Lippert Saw Co.

In the Matter of E. T. LIPPERT SAW COMPANY and UNITED STEEL- WORKERS - OF AMERICA , C. I. O. Case No. 6-R-829.-Decided November 4, 1943 Mr. C. M. Thorp , Jr., of Pittsburgh , Pa., for the Company. Messrs. Joseph A. Goney , Ford Forsythe, and Paul A. Stoclehouse, of Pittsburgh , Pa., for the Union. Mr. Louis Cokin, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by United Steelworkers of America, C. 1. 0., herein called the Union, alleging that a question affecting commerce had arisen concerning the representation of employees of E. T. Lip- pert Saw Company, Millvale, Pennsylvania, herein called the Com- pany, the National Labor Relations Board provided for an appropri- ate hearing upon due notice before W. G. Stuart Sherman, Trial Examiner. Said hearing was held at Pittsburgh, Pennsylvania, on October 16, 1943. The Company and the Union appeared, partici- pated, 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. All parties were af- forded opportunity to file briefs with the Board. Upon the entire record in the case, the Board makes the following: FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY E. T. Lippert Saw Company is a Pennsylvania corporation with its principal place of business at Millvale, Pennsylvania, where it is engaged in the manufacture of industrial saws and aircraft armor plate. During the 12-month period preceding October 1943, the Com- pany purchased raw materials valued at about $45,000, approximately 53 N. L. R. B, No. 69. -392 I L. T. LIPPERT -SAW COMPANY 393 33 percent of which was shipped to it from points outside the State of Pennsylvania. During the same period the Company sold products valued at about $2,500,000, about 10 percent of which was shipped 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. II. THE ORGANIZATION INVOLVED United Steelworkers of America is a labor organization affiliated with the Congress of Industrial Organizations; admitting to member- ship employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The Company refuses to recognize the Union as the exclusive col- lective bargaining representative of its employees until such time as the Union is certified by the Board. A statement of the Regional Director, introduced into evidence at the hearing, indicates that the Union represents a substantial number of employees in the unit hereinafter found 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 We find, in agreement with a stipulation of the parties, that all pro- duction and maintenance employees of the Company, excluding office clerical employees, salaried employees, uniformed policemen, and all supervisory 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 the purposes of 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 means of an election by secret ballot among the employees 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 Direction. 1 The Regional Director reported that the Union presented 143 membership application eards bearing apparently genuine signatures of persons whose names appear on the Com- pany's pay roll of October 5, 1943: There are approximately 326 employees in the appro- priate unit. 394 DECISIONS- OF NATIONAL LABOR RELATIONS BOARD 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 E. T. Lippert -Saw Company, Millvale, 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 supervi- sion of the Regional Director for the, Sixth Region, acting in this matter as agent for the National Labor Relations Board, and subject to Article III, Sections 10 and 11, 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 vaca- tion 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 any who have since quit or been discharged for cause and have not been rehired or reinstated prior to the date of the election, to determine whether or not they ;desire to be represented by United Steelworkers of America, C. I. O., for the purposes of collective bargaining.