Bridge Metal Products Co.

In the Matter of E. B. GUNZBURG, JACOB MANDELL, SIDNEY SCHEINMAN AND ARNOLD SCHEINMAN D/B/A BRIDGE METAL PRODUCTS Co. and UNITED ELECTRICAL, RADIO & MACHINE WORKERS OF AMERICA, LOCAL 1225, C. I. O. In the Matter of E. B. GUNZBURG, JACOB MANDELL, SIDNEY SCHEINMAN AND ARNOLD SCHEINMAN D/B/A BRIDGE METAL PRODUCTS Co. and LOCAL UNION No. 3 OF THE INTERNATIONAL . BROTHERHOOD OF ELEC- TRICAL WORKERS, A. F. OF L. Cases Nos. 2-R-5013 and 2-R-5223, respectively.-Decided June 20, 1945 Mr. Sol A. Herzog, of New York City, for the Company. Messrs. Protter & Bagley, by Julius E. Bagley, of New York City, for the U. E. Mr. Harold Stern, of New York City, for the I B. E. W. Mr. Sidney Jacobi, by Mr. James A. Dilkes, of New York City, for the Metal Box Union. Miss Virginia A. Miller, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon amended petitions duly filed by United Electrical, Radio & Ma- chine Workers of America, Local 1225, C. I. 0., herein called the U. E., and Local Union No. 3 of the International Brotherhood of Electrical Workers, A. IF. of L., herein called the I. B E W, alleging that questions affecting commerce had arisen concerning the representation of employees of E. B. Ginzburg, Jacob Mandell, Sidney Scheinman and Arnold Scheinman, d/b/a Bridge Metal Products Company, New York City, herein called the Company, the National Labor Relations Board consolidated the cases and provided for an appropriate hearing upon due nofice before Jerome 62 N. L. R B No 83. 644 BRIDGE METAL PRODUCTS CO. 645 I. Macht, Trial Examiner. At the commencement of the hearing, the Trial Examiner granted motions of Metal Box & File Production Workers, Local 22045, A.F. of L., herein called the Metal Box Union, to intervene in both cases.' Said hearing was held at New York City on Apfil 6, 1945. The Company, the U. E., the I. B. E. W., and the Metal Box Union ap- peared and participated. All parties were afforded full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues. At the commencement of the hearing the Trial Examiner denied the application of the Metal Box Union for a further adjournment. The ruling is hereby affirmed.' The other rulings made by the Trial Examiner at the hearing are free from prejudicial error and are hereby affirmed. The Company's request for leave to present oral argument is hereby denied. 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 The Company is a partnership engaged in the manufacture, sale, and distribution of cabinets, housings, instrument panels, and sheet metal cabi- nets. Its plant and sole place of business is located in New York City. During the calendar year of 1944, its purchases of raw materials were in excess of $250,000, 25 percent of which was shipped to it from points out- side the State of New York. During the same period, its sales were in excess of $1,000,000, 10 percent of which was shipped to points outside the State of New York. It is wholly engaged in war work. We find, contrary to the contention of the Company, that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATIONS INVOLVED United Electrical, Radio & Machine Workers of America, Local 1225, affiliated with the Congress of Industrial Organizations, is a labor.organl- zation admitting to membership employees of the Company. IThe Trial Examinee also granted the motion of I B E \V to intervene in Case No 2-R-5013 and the motion of'U E to intervene in Case No 2-R-5223 2 Prior to the commencement of the hearing , several postponements were granted by the Regional Office upon the request of the attorneys for the Metal Box Union and the Company The hearing was finally scheduled for March 23, but an adjournment was granted on application of the Company whose attorney was ill At the hearing on April 6, 1945 , and prior to its motion to intervene, the Metal Box Union stated that it was appearing specially for the purpose of requesting an adjourn- ment due to the illness of its attorney . A similar written request had been denied by the Regional Director on April 4, and the day preceding the hearing an associate of the Metal Box Union's attorney had been informed by the Trial Examiner that such an application would be denied at which time it was suggested that he familiarize himself with the case. The associate attorney irar- ticipated in the hearing but reserved objection to the Trial Examiner 's ruling . We find that the Metal Box Union was afforded ample opportunity to be competently and adequately represented. 646 I)EXIS1O1yS OF yAT10_NAL LABOR RELATIONS BOARD Local Union No. 3 of the International Brotherhood of Electrical Work- ers, affiliated with the American Federation of Labor, is a labor organiza- tion admitting to membership employees of the Company. Metal Box & File Production Workers, Local 26045, affiliated with.the American Federation of Labor, is a labor organization admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION On September 7, 1944, the U. E , by telegram, advised the Company of its claim to represent a majority of the Company's production and main- tenance employees and requested recognition as the exclusive bargaining agent." On September 13, 1944, the U. E. filed its petition herein. On September 15, 1944, the Company entered into a contract with the Metal Box Union in which the latter organization was recognized by the Com- pany as the exclusive bargaining agent for all of its employees excluding only certain supervisory employees. The Company and the Metal Box Union urge this contract as a bar to the present determination of repre- sentatives. However, since the contract was executed after the Company had been apprised of the U E.'s claim a,, well as subsequent to the date on which the U. E.'s petition was filed, we find that the contract does not constitute a bar to a present determination of representatives. A statement of a Board agent, introduced into evidence at the hearing, indicates that the U E., the I. B. E. W., and the Metal Box Union each represent 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 Sec- tion 9 (c) and Section 2 (6) and (7) of the Act. IV. THE APPROPRIATE UNIT The U. E seeks a unit composed of all production and maintenance employees including working foremen , inspectors, employees of the sample making department , draftsmen , and engineers, but excluding office and in May 1941, the U E was voluntarily recognized as the exclusive ba:ga'ntng agent of Al production and maintenance employees of the Bi idge Metal Products Co , Inc The agreement entered into at that time was in effect for its full 1-year period and was extended sixty (60) day, after its expiration date, under its terms office employees , timekeepers , expediters and draftsmen were excluded ; there were no engineers employed Subsequently the corporation was dissolved In May 1944, the individuals named in the caption above formed a partnership, assumed the assets and liabilities of the former corporation, and are now doing business under the fine name and style of Bridge Metal Products Company. i The Field Examiner reported that the U E submitted 114 authorization cards, and the I B E W 102 authorization cards, of winch 105 U E cards and 78 1 13 E W cards hot e names. of persons appearing on the Company's pay toll of September 5, 1944, and that there are approximately 260 employees in the alleged appropriate unit All cards submitted were dated between the months of May 1944, and October 1944, except for 35 U E and 33 1 B E \V cards which were undatxd Thy Metal Box Union relies on its contract of September 15, 1944, as evidence of its interest. BRIDGE METAL PRODUCTS CO. 647 clerical employees, timekeepers, expediters, and supervisory employees. The I. B. E. W. is in substantial agreement with the unit as requested by the U. E. except as to draftsmen and engineers, which employees it would exclude from the unit. The Metal Box Union and the Company take the position that the unit should be composed of all employees of the Com- pany, including office and clerical employees, timekeepers, expediters, draftsmen, and engineers, and excluding only executives and supervisory employees. Office and clerical employees-The Company's office is located on one of the two floors occupied by the Company and distinctly separated from production areas although several production departments are housed on the same floor. The duties and interests of the office and clerical employees are clearly at variance with those of production and maintenance employees and we see no reason to depart from our customary policy of excluding such employees from production and maintenance units ; accordingly, we shall exclude office and clerical employees from the unit.' Draftsmen and engineers-Engineers and draftsmen perform highly specialized and technical work. Since their duties are of a technical nature, we shall exclude draftsmen and engineers from the unit.' Expediters-It is the duty of expediters to insure the availability of sufficient and proper material in various production departments, to ascer- tain that miscellaneous component parts are assembled at the proper places, and in general to coordinate interdepartment production activities. These employees exercise neither managerial nor supervisory authority. We find that their interests are identified with those of the other production em- ployees. Accordingly, we shall include them in the unit.' Timekeepers-The Company employs four timekeepers who are under the supervision of a head timekeeper. Their duties involve a check of the working hours of production employees by means of time clock cards and by personal trips through production departments, a recording of the amount of piece-work production and the time consumed therein, and the collection of data for the production control department with reference to movement of materials throughout the plant. Since their duties are dis- similar to those of the production and maintenance employees, we shall, in conformance with our usual policy, exclude timekeepers from the unit.' We find that all production and maintenance employees including expe- diters, inspectors, and working foremen,' but excluding office and clerical ' Matter of Ward Leonard Electric Co, 59 N L R. B 1305 6 See footnote 5, supra. ' Matter of Pacific Mills, 60 N. L. R B 467 'Matter of Ingersoll Milling Machine Company, 59 N. L R B 251, Matter of Douglas Air- craft Company, Inc., 60 N. L. R. B. 876 See also Matter of Aluminum Company of America, et at. 61 N. L. R B 1066 9 The record reveals that these employees have no supervisory authority within the Board's usual definition 648 DECISIONS OF NATIONAL LABOR RELATIONS BOARD employees, draftsmen, engineers, timekeepers, and all,or any other super- visory employees with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees, or effectively recom- mend 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 an election by secret ballot among the employees in the appropriate unit who were employed during the pay-roll period imme- diately preceding the date of the Direction of Election herein, subject to the limitations and additions set forth in the Direction. 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 Relations Board Rules and Regulations-Series 3, as amended, it is hereby DIRECTED that, as part of the investigation to ascertain representatives for the purposes of collective bargaining with E. B. Gunzburg, Jacob Mandell, Sidney Scheinman and Arnold Scheinman d/b/a Bridge Metal Products Company, New York City, 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 supervision of the Regional Director for the Second Region, acting in this matter as agent for the National Labor Relations Board, and subject to Article III, Sec- tions 10 and 11, of said Rules and Regulations, among the employees in the unit found appropriate in Section IV, above, who were employed dur- ing. the pay-roll period immediately preceding the date of this Direction, including employees who did not work during the 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 them- selves in person at the polls, but excluding those employees 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 they desire to be represented by United Electrical, Radio & Machine Workers of America, Local 1225, C. I. 0., or by Local Union No. 3 of the International Broth- erhood of Electrical Workers, A. F. of L., or by Metal Box & File Produc- tion Workers, Local 22045, A. F. L., for the purposes of collective bargain- ing, or by none.