Pangborn Corp.

In the Matter Of PANGBORN CORPORATION and INTERNATIONAL ASSOCIA- TION OF .MACHINISTS , (AFL.) Case No. R-2478.-Decided April 30,1941 Jurisdiction : blast-cleaning and dust-collecting equipment manufacturing industry. Investigation and Certification of Representatives : existence of question: re- fusal to accord union recognition 'until certified by the Board ; election necessary. Unit Appropriate for Collective Bargaining : all production and maintenance .employees paid on an hourly or piece-work basis, excluding clerical workers, draftsmen, engineers, and salaried employees ; no controversy as to. Semmes; Bowen,, and,Semmmes, by Mr. William D. Macmillan, of Baltimore, Md., for the Company. Mr. James F. Poulton, of Hagerstown, Md., and Mr. Paul R.' Hutchings, of Washington, D. C., for the Association. Mr. Frederic B. Parkes, 2nd, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On March 12,1941, International Association of Machinists, (AFL), herein called the I. A. M., filed with the Regional Director for the Fifth Region (Baltimore, Maryland) a petition alleging that a ques- tion affecting commerce had arisen concerning the representation of employees of Pangborn Corporation, Hagerstown, Maryland, herein called the Company, and requesting an investigation and certification of representatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On April 3, .1941, 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 Regulations-Series 2, as amended, ordered an investigation and authorized the Regional Director to conduct it and to provide for an appropriate hearing upon -due notice. 31 N. L. R. B., No. 78. - r 501' 502 DECISIONS OF NATIONAL LABOR RELATIONS BOARD On April 4 and 8, 1941, respectively, the Regional Director issued a notice of hearing and a 'notice of postponement of hearing, copies of which were duly served upon the Company and the I. A. M. Pur- suant to notice a hearing was held on April 17, 1941, at Hagerstown, Maryland, before Charles Y. Latimer, the Trial Examiner duly designated by the Chief Trial Examiner. The Company and the I. A. M. were represented by counsel or representatives and partici- pated in the 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 various rulings on objections to the-admission of evidence. The Board has reviewed the rulings of, the Trial Examiner 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 Pangborn Corporation, a Maryland corporation, is engaged in the manufacture and distribution of blast-cleaning and dust-collecting equipment at its plant in Hagerstown, Maryland. Approximately 95 per cent of the raw materials, consisting px'incipally of sheet steel and plate, hot and cold-rolled bars, structural shapes, pig iron, coke, scrap iron, sateen cloth, galvanized hardware cloth, and lumber, are obtained outside the State of Maryland. During the year ending December 31, 1940, the Company manufactured finished products valued at $3,206,979.33, of which-approximately 98 per cent were sold and delivered outside the State of Maryland. The Company employs approximately 644 employees. II. THE ORGANIZATION INVOLVED International Association of Machinists, affiliated with the Amer- ican Federation of Labor, is a labor organization admitting to mem- bership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION On February 18,1941, the Company refused to recognize the I. A. M. as the representative for collective bargaining purposes of the major- ity of the Company's employees, until the I. A. M. should be certified by the Board. On March 3, 1941, the Company declined to have the question of representation determined by a comparison of member- PANGBORN CORPORATION 503 ship cards against the Company pay roll. A statement of the Regional Director, introduced in evidence at the hearing, shows that the I. A. M. represents it substantial number of employees in the unit found below to be appropriate.' We find that a question has arisen concerning the representation of employees of the Company. IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON COMMERCE 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 tends to lead to labor disputes burdening and obstructing commerce and the free flow of commerce. V. THE APPROPRIATE UNIT The I. A. M. contends that all production and maintenance employ- ees of the Company paid on an hourly or piece-work basis, excluding clerical workers, draftsmen, engineers, and salaried employees, con- stitute a unit, appropriate for the purposes of collective bargaining. The Company takes no position as to the appropriate unit. We find that all production and maintenance employees of the Com- pany paid on an hourly or piece-work basis, excluding clerical workers, draftsmen, engineers, and salaried employees, constitute a unit ap- propriate for the purposes of collective bargaining and that such unit will insure to employees of the Company the full benefit of their 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 which has arisen concerning representa- tion can best be resolved by, and we shall accordingly direct, an elec- tion by secret ballot. The I. A. M. requests that the pay ' roll of March 11, 1941, be used as a basis for determining eligibility to vote. We find no reason, however, to depart from our usual practice. Ac- cordingly, we shall direct 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 1 The report of the Regional Director shows that of the 249 authorization cards, dated between December 1940 and March 1941, filed by the I. A. M, 239 bear the names of per- sona on the Company's pay roll of March 11 , 1941 There are approximately 400 employees in the unit found below to be appropuate 504 DECISIONS OF NATIONAL LABOR RELATIONS BOARD of the Direction of Election herein, subject to such limitations and additions as are set forth in the Direction. 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 Pangborn Corporation, Hagerstown, Mary- land, within the meaning of Section 9 '(c) and Section 2 (6) and (7) of'the National Labor Relations Act. 2. All production and maintenance employees of the Company paid on an hourly or piece-work basis, excluding clerical workers, drafts- men, engineers, and salaried employees, constitute a unit appropriate for the purposes of collective bargaining, within the meaning of Sec- tion 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, 49 Stat. 449, 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 purpose of collective bargaining with Pangborn Corporation, Hagerstown, Maryland, 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 Fifth Region, acting in this matter as agent for the National Labor Relations Board, and subject to Article III, Section 9, of said Rules and Regulations among all production and maintenance employees of the Company paid on an hourly or piece-work basis, who were employed during the pay-roll period immediately preceding the date of this Direction, including employees who did not work during such pay-roll period because they were ill or on vacation or in the active military service or training of the United States, or temporarily laid off, but excluding clerical workers, draftsmen, engineers, salaried employees, and employees who have since quit or been discharged for cause, to determine whether or not they desire to be represented by International Association of Machinists, affiliated with the American Federation of Labor, for the purposes of collective bargaining.