Patek Bros., Inc.

In the Matter of PATEK BROS., INC., EMPLOYER and GLAZIERS' LOCAL UNIo1V No. 1204 OF PAINTERS, DECORATORS & PAPERHANGERS OF AMERICA, A. F. of L., PETITIONER Case No. 13-R-41076.-Decided'April 25,19-117 Laonfrom, Tighe, Engelhard di Peck, by Mr. Egon W: Peck, of 'Milwaukee, Wis., for the Employer. Padw.vay, Goldberg di Pre^viant, by Mi. Alfred G. Goldberg, of Mil- vaukee, Wis., for the Petitioner. Mfr. Arthur Christopher, Jr., of counsel to the Board. DECISION AND CERTIFICATION OF REPRESENTATIVES Upon a petition duly filed, the National Labor Relations Board on February 3, 1947, conducted a prehearing election among employees of the Employer in the alleged appropriate unit, to determine whether or not they desired to be represented by the Petitioner for the purposes of collective bargaining. At the close of the election, a Tally of 'Ballots was furnished the parties. - The Tally shows that there were approximately 38 eligible voters and that 31 of these eligible voters cast ballots, of which 21 were for the Petitioner, 7 were against the Petitioner, and 3 were challenged. Thereafter, a hearing was held at Milwaukee, Wisconsin, on March 12, 1947, before Max Rotenberg, 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 'Or, FACT 1. T1lE BUSINESS OF THE EMPLOYER Patek Bros., Inc., a Wisconsin corporation, is engaged in the manu- facture and distribution of paint, varnish , enamels, and related products, and the processing and distribution of various kinds of plate 73 N L. R. B., No. 117. 611 '612, 1DECISIONS OF NATIONAL LABOR RELATIONS BOARD glass at its Milwaukee , Wisconsin, plant. During ' the 12-month period before the hearing ; the Employer purchased about $800,000 worth of materials for use in its operations , of which approximately 80 percent was obtained from sources outside the State of Wisconsin. During_ the same period, the Employer sold about $1,250,000 worth of finished products , of which approximately 20 percent was shipped 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., II. TiIE ORGANIZATIOI^T INVOLVED The Petitioner is a labor organization' affiliated with the American Federation of Labor, claiming to represent employees of the Employer. III. THE QUESTION CONCERNING REPRESENTATION The Employer refuses to recognize the Petitioner as the exclusive bargaining representative of employees of the Employer instil the Petitioner has been certified by the Board in an appropriate unit. 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 accordance with the agreement of the parties at the hearing, that all glass workers and glass handlers of the Employer, excluding glaziers,' office employees, working foremen,2 and all super- visory 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 Having excluded the three working foremen from the unit in accord- ance with the desires of the parties, we hereby sustain the challenges, to their ballots. As it appears that the Petitioner has secured a major- ity of the valid votes cast, we shall certify it as the collective bargain- ing representative of the employees in the appropriate unit. 3 Glaziers'are now separately represented by the Petitioner under the terms of a col- lective bargaining contract ?The Employer urges that the Board should make a specific finding that August Hall- strand, John Krechel, and George McNally, the three working foremen whose ballots were challenged at the prehearing election on the ground that they were supervisory employees, possess supervisory authority within the meaning of the Board's customary definition. However,,in view of the agreement of the parties at the hearing that the three working fore- men should be excluded from the unit, we find it unnecessary to pass upon this question. PATEK BROS.; INC. 613 CERTIFICATION OF REPRESENTATIVES IT IS HEREBY CERTIFIED that Glaziers' Local Union No. 1204 of Painters, Decorators & Paperhangers of America, A. F. of L., has been designated and selected by a majority of all glass workers and glass handlers of Patek Bros., Inc., Milwaukee, Wisconsin, excluding glaziers, office employees, working foremen, and 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,,as their representative for the purposes of collective bar- gaining, and that, pursuant to Section 9 (a) of the Act, the said organization is the exclusive representative of all such employees for the purposes of collective bargaining with respect to rates of pay, wages, hours of employment, and other conditions of employment.