Jamestown Steel Partition Co.

In the Matter of JAMESTOWN STEEL PARTITION Co. and LOCAL 309, UNITED ELECTRICAL, RADIO ce, MACHINE WORKERS OF AMERICA Case No. R-2250.Decided January 21, 1941 Jurisdiction : steel products manufacturing industry. Investigation and Certification of Representatives : existence of question. re- fusal to accord recognition to union until it is certified by the Board ; election necessary. - - Unit Appropriate for Collective Bargaining : production and maintenance em- ployees, excluding supervisory and clerical employees, draftsmen, and engineers. Mr. J. Russell Rogerson, of Jamestown, N. Y., for the Company. Mr. Willard Bliss, of Erie, Pa., for the Union. Mr. Louis Cokin, of counsel to the Board. ' DECISION AND 'DIRECTION OF ELECTION STATEMENT OF THE CASE On November 13, 1940, Local 309, United Electrical , Radio & Machine Workers of America, herein called the Union, filed with the Regional Director for the Third Region (Buffalo , New York) a peti- tion alleging that a question affecting commerce bud arisen concern- ing, the representation of employees of Jamestown Steel Partition Co., Falconer, New York , herein called the Company , and requesting an investigation and certification of representatives pursuant to Sec- tion 9 (c) of the National Labor - Relations Act, 49 Stat. 449, herein called the Act. On December 21, 1940, the National Labor Relations Board, herein called the Board, acting pursuant to Section 9 (c) of the Act and Article III, Section 3, of National Labor Relations Board Rules and Rdgiilations-Series 2, as amended , ordered an investiga- tion and authorized the Regional Director to- conduct it and to pro- vide for an appropriate hearing upon clue notice. On December 28, 1940, the Regional Director issued a notice of hearing, copies of which were duly served upon the Company and the Union. Pursuant to notice , a hearing was held on January 6, 1941, at Jamestown , New York, before Peter J. Crotty , the Trial Examiner duly designated by the Board. The Company was represented by counsel, the Union by its representative ; both participated -in the 29 N L R. B., No 20. 116 JAMESTOWN STEEL PARTITION CO. - hearing. Full opportunity to be heard, to examine.and cross-examine witnesses, and to introduce evidence bearing on the issues was afforded all parties. During the course of the hearing, the Trial Examiner made several rulings on motions and on objections to the admission of evidence. The Board has reviewed the rulings of the Trial Ex- aminer and finds that no prejudicial errors were committed. The rulings are hereby affirmed. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY Jamestown Steel Partition Co. is a New York corporation operat- ing a plant at Falconer, New York, where it is engaged in the manu- facture and sale of steel partitions, steel cabinets, and portable shelv- ing. During 1940 the Company purchased raw materials valued at about $125,000, approximately 90 per cent of which were shipped to it from points outside the State of New York. During the same period the Company sold goods valued at about $340,000, approxi- mately 80 per cent of which were shipped by it to points outside the State of New York. IT. TIIF ORGANIZATION INVOL\ ED Local 309, United Electrical, Radio & Machine Workers of America, is a labor organization affiliated with the Congress of Indus- - trial Organizations. It admits to membership employees at the Falconer plant of the Company. ITT. THE QUESTION CONCFRNIN G REPRESENTATION The Company has refused to grant exclusive recognition to the Union until it is certified by the Board. A statement of the Regional Director, introduced at the hearing, shows that the Union represents a substantial number of the employees in the unit alleged by it to be appropriate.' We find that a question has arisen concerning the representation of employees of the Commpany. IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION We find that the question concerning representation which has arisen, occurring in connection with the operations of the Company described in Section I above, has a close, intimate, and substantial relation to trade, traffic, and commerce among the several States and 1 The Regional Director's statement shows that the Union has presented to him authori- zation cards signed by iO employees There a i e approximately 80, employees in the alleged appropriate unit 118 DECISIONS OF NATIONAL LABOR RELATIONS BOARD tends to lead to labor disputes burdening and obstructing commerce and the free flow of commerce. V: THE APPROPRIATE UNIT The Union urges that all production and maintenance employees at the Falconer plant of the Company, excluding supervisory and cleri- cal employees, draftsmen, and engineers, constitute a unit appropriate for the purposes of collective bargaining. The only controversy with respect to the unit concerns draftsmen and engineers. The Union urges the exclusion of all such employees, and the Company desires their inclusion. The Company has four employees classified by it as draftsmen and engineers. These employees prepare blue prints and estimates for the Company fop submission to prospective purchasers and, when the Company acquires an order, make the blue prints for use in the production of the order in the plant. During the course of produc- tion, the draftsmen and engineers are frequently consulted by the production employees-as to the proper method of handling the work. While these employees are,like the production employees, paid on an hourly basis and at comparable rates, we have held that the interests and problems of such employees are not sufficiently similar to those of production and maintenance employees to warrant their inclusion within the same bargaining unit, at least where the only labor or- ganization involved, as here, is opposed to such inclusion. We find that the draftsmen and engineers should be excluded from the appro- priate unit? We find that all production and maintenance employees at the Falconer plant of the Company, excluding supervisory and clerical employees, draftsmen, and engineers, constitute a unit appropriate for the purposes of collective bargaining, and that said unit will insure to the employees of the Company their full right to self-organization and to collective bargaining and otherwise effectuate the policies of the Act. VI. THE DETERMINATION OF REPRESENTATIVES We find that the question concerning representation which has arisen can best be resolved by an election by secret ballot. We find that the employees of the Company eligible to vote in the election shall be those in the appropriate unit who were employed during the pay-roll period immediately preceding the date of the Direction of Election herein, including employees who did not work during such pay-roll period because they were ill or on vacation and em- ployees who were then or have since been temporarily laid off, but 2 See Matter of Walker Vehicle Company and The Automatic Transportation Company, Dsvisions of the Yale & Towne Manufacturing Company andWalker-Automatic Independent Labor Association, 7 N L R , B. 827. JAMESTOWN STEEL PARTITION CO. ^ 119 excluding those employees who have since quit or been discharged for cause. Upon the basis of the above findings of fact and upon the entire record in the case, the Board makes the following: CONCLUSIONS OF LAW 1. A question affecting commerce has arisen concerning the repre- sentation of employees of Jamestown Steel Partition Co., Falconer, New York, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 2. All production and mdintenance employees' at the Falconer plant of the Company, excluding supervisory and clerical employees, drafts- men, and engineers, constitute a unit appropriate for the purposes of collective bargaining, within the meaning of Section 9 (b) of the National Labor Relations Act. 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 8, of National Labor Relations Board Rules and Regulations-Series 2, as amended, it is hereby DIRECTED that, as part of the investigation authorized by the Board to ascertain representatives for the purposes of collective bargaining with Jamestown Steel Partition Co., Falconer, New York, an elec- tion 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 -.ill -this matter as agent for the National Labor Re- lations Board, and subject to Article III, Section 9, of said Rules and Regulations,_ among all production and maintenance employees at the Falconer plant of the Company who were employed during the pay- roll period immediately preceding the date of this Direction, includ- ing employees R ho did not work during such pay-roll period because they'were ill or on vacation and employees who ,were then or have since been temporarily laid off, but excluding supervisory and clerical employees, draftsmen, engineers, and employees who have since quit or been discharged for cause, to determine whether or not they desire to be,represented by Local 309, United Electrical, Radio & Machine Workers of America, affiliated with the Congress of Industrial Or_ ;anizations, for the purpose of collective bargaining. CHAIR1fAN HARRY A. MILLis took no part in the consideration of the above Decision and Direction of Election.