Schutte & Koerting Co.

In the Matter of SCHUTTE & KOERTING COMPANY, EMPLOYER and PAT- TERN MAKERS LEAGUE OF NORTH AMERICA, PHILADELPHIA ASSOCIA- TION and INTERNATIONAL UNION, UNITED AUTOMOBILE, AIRCRAFT AND AGRICULTURAL IMPLEMENT WORKERS OF AMERICA, C. I. O., PE- TITIONEItS Case Nos. 4-RC-111 and 4-RC-159.-Decided September 13,1948 DECISION AND DIRECTION OF ELECTIONS Upon separate petitions duly filed, a consolidated hearing was held before a hearing officer of the National Labor Relations Board. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed.' Upon the entire record in this case, the Board finds : 1. The Employer is engaged in commerce within the meaning of the National Labor Relations Act. 2. The labor organizations named below claim to represent em- ployees of the Employer. 3. A question affecting commerce exists concerning the representa- tion of employees of the Employer, within the meaning of Section t9 (c) (1) and Section 2 (6) and (7) of the Act. 4. The appropriate unit : The Pattern Makers League of North America, Philadelphia Asso- ciation, hereinafter called Pattern Makers, seeks a unit composed of ' Before the hearing, United Electrical , Radio & Machine Workers of America, Local 155. herein called U. E., which is not in compliance with Section 9 (f) and ( h) of the Act, filed a motion to intervene with the Regional Director . It alleged that an existing contract was a bar to this proceeding. Upon investigation , the Regional Director denied the motion. The U. it. appealed this ruling to the Board . At the hearing, the U. E. renewed its motion to intervene and further moved for adjournment pending the Board 's ruling on its appeal. The hearing officer denied both motions. The day following the hearing , the Board con- sidered the U. E.'s appeal and found that the Regional Director 's order denying the motion to intervene was justified. The evidence in the record , which includes the 'U. E.'s contract with the Employer, clearly indicates that the contract had terminated before the hearing, and that it is not a bar. We again find that the U. E. did not have a current contractual interest at the time of the hearing, and that it was in fact properly denied leave to intervene. 79 N. L. R. B., No. 80. 599 600 DECISIONS OF NATIONAL LABOR RELATIONS BOARD journeymen pattern makers and apprentices employed by the Em- ployer at its pattern shop in Philadelphia, Pennsylvania. Interna- tional Union, United Automobile, Aircraft and Agricultural Imple- ment Workers of America, C. I. 0., hereinafter called U. A. W., seeks a unit composed of all production, and maintenance employees em- ployed by the Employer in its two plants located in Philadelphia and Cornwells, Pennsylvania, excluding all clerical employees, all pattern makers and apprentices, guards, and all supervisors as defined in the Act. The Employer contends that the appropriate unit should be composed of all production and maintenance employees of both plants, including the pattern makers, but excluding clerical employees, guards, and supervisors. The Employer is engaged at its Philadelphia and Cornwells, Penn- sylvania, plants in the manufacture of equipment for the power and chemical process industries. Although the plants are 18 miles apart, they have a single production manager, personnel department, and pay-roll department, and there is some interchange of personnel be- tween the two plants. In 1946 and 1947, the Employer and the U. E. bargained for a unit of production and maintenance employees in both plants together and executed a single contract. None of the parties contends that the production and maintenance employees of both plants may not be combined in a single unit, and we find that such a unit is appropriate.' All the Employer's pattern makers and apprentices work in a pat- tern shop which occupies practically the entire fourth floor of the Employer's Philadelphia. plant. They are under the direct supervi- sion of a patternmaker foreman and are not required to leave the pat- tern shop at any time to perform their work. They must serve 5 years as apprentices before becoming journeymen pattern makers. As the journeymen pattern makers and apprentices constitute a highly skilled and well-recognized craft group, we find that they may constitute a separate unit.' We shall direct that separate elections be held ,among the employees in the voting groups described below, excluding all supervisors as defined in the Act. 1. All journeymen pattern makers and apprentices. 2. All production and maintenance employees employed by the Employer in both of its plants, excluding all clerical employees, all pattern makers and apprentices, and all guards. 2 However, the Employer's pattern makers, who are sought to be represented by the Pattern Makers, are employed only at the Philadelphia plant. 2 The pattern makers have been included in the contracts covering the production and maintenance unit executed by the Employer and the U. E. SCHUTTE & KOERTING COMPANY 601 However, we shall make no final unit determination at this time, but shall be guided in part by the desires of these employees as expressed in the election hereinafter directed. If a majority of those voting in the election held in group (1) vote for the Pattern Makers, they will )be, taken 'to '-have indicated- their-'desire to `coiistitiite (a =aepai ate ap- - propriate %un^it. DIRECTION -OF ELECT'ION`S As part of the investigation to ascertain representatives for the purposes of collective 'bargaining with the Employer, elections by secret ballot shall be conducted as•early as possible, but not later than 30 days from the date of this Direction, under the direction and supervision of the Regional Director for the Fourth Region, and sub- ject to Sections 20.6-1 land-203.692 of National Labor Relations Board Rules and Regulations-Series 5, among the employees in the voting groups listed in paragraph 4, above, who were einployed'during the pay-roll period -immediately preceding the date of this Direction, in- cluding 'employees who did not 'work -during -said 'pay-roll period because they were ill or on vacation or temporarily laid dff, but ex- cluding those -employees who 'have since 'quit or been discharged for cause and have not been rehired or reinstated prior to the date of the 'elections and also excluding employees on strike who are not -entitled to reinstatement, to determine : Whether the employees in group (1) desire to 'be 'represented for purposes of collective-bargaining by Pattern MakersLeague•of North America, Philadelphia Association, or by International Union, United Automobile, Aircraft and Agricultural Implement Workers of America, C. 1. 10., or by neither. Wheth'er'or not'the employees in group (2) desire to be represented for purposes of collective bargaining by International Union, United Automobile, Aircraft and Agricultural Implement Workers of Amer- ica, C. I. O. MEMBER REYNOLDS took ono lpart in the 'eohsiderdtion of the ab'ove Decision and Direction of Elections.