The Symington-Gould Corp.

In the Matter of THE SYMIN GTON-GOULD CORPORATION, EMPLOYER and UNITED STEELWORKERS OF AMERICA, C. I. 0., PETITIONER Case No. 3-R 1,^ 9.Decided April 14, 1947 Messrs. W. G. Woodams and E. M. Kimbrough, of Rochester, N. Y., for the Employer. Messrs. Edward Janiak and Matthew Armstrong, of Buffalo, N. Y., for the Petitioner. Mr. C. D. Madigan, of Cleveland, Ohio, Mr. Ralph W. Harback, of Worcester, Mass., and Mr. H. W. Dc Wol f e, of Buffalo, N. Y., for the Intervenor. Mr. Irving D. Rosemmnan, of counsel to the Board. DECISION AND DIRECTION OF ELECTION Upon a petition duly filed, hearing in this case was held at Buffalo, New York, on February 24, 1947, before Francis X. Helgesen, hearing officer. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed. Upon the entire record in the case, the National Labor Relations Board makes the following : FINDINGS OF FACT I. THE BUSINESS OF THE EMPLOYER The Symington-Gould Corporation, a Maryland corporation, is engaged at its plant in Depew, New York, in the manufacture of rail- road steel castings. During a 12-month period the Employer pur- chases for use at this plant raw materials exceeding $1,000,000 in value, of which more than 50 percent represents shipments from points outside the State of New York. During a similar period the Employer manufactures at this plant products exceeding $1,000,000 in value, of which more than 50 percent represents shipments to points outside the State. The Employer admits and we find that it is engaged in commerce within the meaning of the National Labor Relations Act. 73N L.R.B,No . 71. 371 372 DECISIONS OF NATIONAL LABOR RELATIONS BOARD H. THE ORGANIZATIONS INVOLVED The Petitioner is a labor organization affiliated with the Congress of Industrial Organizations, claiming to represent employees of the Employer. Pattern Makers Association of Buffalo, herein called the Intervenor, is a labor organization affiliated with Pattern Makers League of North America, A. F. of L., claiming to represent employees of the Employer. III. THE QUESTION CONCERNING REPRESENTATION On December 9, 1946, the Petitioner requested recognition of the Employer as the exclusive bargaining representative of the pattern makers and apprentice pattern makers at the Depew plant. The Em- ployer refused to recognize the Petitioner on the ground of its exist- ing contract with the Intervenor, whereupon the Petitioner filed its petition on December 13, 1946. At the hearing the Intervenor, in effect, requested a determination by the Board as to whether its con- tract with the Employer is a bar to this proceeding. As the result of an election held pursuant to a Board Decision and Direction of Election, the Intervenor was certified on February 19, 1944,2 as the exclusive bargaining representative of all wood and metal journeymen pattern makers, and apprentice pattern makers at the Depew plant, excluding supervisory employees, and has since been in contractual relationship with the Employer concerning these em- ployees.3 The contract in question was executed on January 10, 1945. It provides that it "shall continue in effect from year to year, pro- vided however that either party may terminate by giving at' least thirty (30) days written notice, prior to [the] expiration date." No notice to terminate has ever been given by either party and the con- tract was still in effect at the time of the hearing. However, as noted above, the Petitioner's claim of representation was made upon the Employer on December 9, 1946, in advance of the 1946 operative date of the automatic renewal clause of the contract, and the petition herein was filed 4 days later. Accordingly, the Pe- titioner has, under well-established principles of the Board, acted to prevent the existing contract from operating as a bar to a present ' The Intervenor did not explicitly contend that its contract is a bar, but merely urged the Board to take judicial notice of the date of the filing of the petition and the control- ling dates of its contract 2 Matter of The Symington-Gould Corporation, 53 N L. R B 552 3 Piior to that date the Petitioner was the bargaining representative for all production and maintenance employees, inclusive of the pattern makers Theieafter, and as of the date of the hearing, the Petitioner was the bargaining representative of only the production and maintenance employees. THE SYMINGTON-COULD CORPORATION 373 determination of representatives.4 We therefore find that no obstacle exists to an election at this time. We find that a question affecting commerce has arisen concerning the representation of employees of the Employer within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act. IV. THE APPROPRIATE UNIT We find, in accord with the agreement of the parties, that all wood and metal journeymen pattern makers and apprentice pattern makers, at the Depew plant of the Employer, excluding all supervisory em- ployees with authority to hire, promote, discharge, discipline or other- wise 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 .5 DIRECTION OF ELECTION 6 As part of the investigation to ascertain representatives for the pur- poses of collective bargaining with The Symington-Gould Corpora- tion, Depew, New York, 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 Third Region, acting in this matter as agent for the National Labor Relations Board, and subject to Sections 203.55 and 203.56, of National Labor Relations Board Rules and Regulations- Series 4, 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 and have not been rehired or reinstated prior to the date of the election, to determine whether they desire to be represented by United Steelworkers of America, C. I. 0., or by Pattern Makers As- sociation of Buffalo, affiliated with Pattern Makers League of North America, A. F. of L., for the purposes of collective bargaining, or by neither. MR. JOHN Al. HOUSTON took no part in the consideration of the above Decision and Direction of Election. 4 Matter of Henry d Allen, Inc, 68 N L R B , 724, and Matter of General Electric X-Ray Corporation, 67 N L It B 997. S This unit conforms to the one established by the Board in Matter of The Symington- Gould Corporation, supra, and is the same one bargained for by the Intervenor. 9 Any participant in the election herein , may upon its prompt request to, and approval thereof by, the Regional Director , have its name removed from the ballot.