Fedders Manufacturing Co.

National Labor Relations Board - Board Decisions

Oct 15, 1937

3 N.L.R.B. 818 (N.L.R.B. 1937)

In the Matter of FEDDERS MANUFACTURING COMPANY and LODGE
No. 1753, AMALGAMATED ASSOCIATION OF IRON, STEEL AND TIN
WORKERS OF NORTH AMERICA, THROUGH THE STEEL WORKERS
ORGANIZING COMMITTEE
Case No. R458.Decided October 15, 1937
Automobile and Refrigeration Parts Manufacturing Industry-Investigation
of Representatives : controversy concerning representation of employees: rival
organizations ; substantial doubt as to majority status ; refusal by employer to
recognize petitioning union as exclusive representative-Unit Appropriate for
Collective Bargaining : production employees ; salaried and supervisory em-
ployees excluded-Election Ordered
Mr. Norman F. Edmonds for the Board.
Mr. John W. Van Allen, of Buffalo, N. Y., for the Company.
Mr. Daniel B. Shortal, of Buffalo, N. Y., for the Amalgamated.
Mr. Stephen L. Verdi, of Buffalo, N. Y., for the Employees' Labor
Organization.
Mr. Martin Kurasch, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On July 12, 1937, the Steel Workers Organizing Committee, herein
called the S. W. O. C., filed with the Regional Director for the Third
Region (Buffalo, New York) a petition alleging that a question
affecting commerce had arisen concerning the representation of the
production employees of the Fedders Manufacturing Company,
Buffalo, 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 August 18, 1937, 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 1, as amended,
authorized the Regional Director to conduct an investigation and
to provide for an appropriate hearing.
'It appears from the record that the correct name of the Company Is Fedders Manufac-
turing Company, Inc.
818
DECISIONS AND ORDERS 819
On August 23, 1937, the Regional Director issued a notice of hear-
ing to be held at Buffalo, New York, on August 30, 1937. Copies
were served upon the Company, the S. W. O. C., and the Employees'
Labor Organization of the Fedders Manufacturing Company, herein
called the E. L. 0., which had been named in the petition as also
claiming to represent the employees. Pursuant to the notice, a
hearing was held on August 30, 1937, before Tilford E. Dudley, the
Trial Examiner duly designated by the Board. At the hearing, the
attorney for the Board and the attorney for the S. W. O. C. moved
to amend the petition, the notice of hearing, and the subpoena served
upon the Company, by substituting for the words "Steel Workers
Organizing Committee" the words "Lodge No. 1753, Amalgamated
Association of Iron, Steel and Tin Workers of North America
through the Steel Workers Organizing Committee." The motion
was granted. This union will herein be called the Amalgamated.
The Company, the Amalgamated, and the E. L. O. were repre-
sented by counsel and participated in the hearing. Full opportunity
to be heard,' to examine and cross-examine witnesses, and to intro-
duce evidence bearing upon the issues was afforded to the parties.
The Board has reviewed the rulings of the Trial Examiner upon
the various motions and objections made by counsel for the parties
and finds that no prejudicial errors were committed. His rulings
are hereby affirmed. Upon the entire record in the case the Board
makes the following :
FINDINGS OF FACT
1. THE COMPANY AND ITS BUSINESS
The Company, located at Buffalo, New York, manufactures auto-
mobile radiators, electric refrigeration parts, air-conditioning parts
and appliances, heat transfer appliances and electric water-coolers.
In the manufacture of these various products the Company uses
copper, brass, steel, tin, lead, and small amounts of numerous other
items. It purchases fabricated copper from fabricating mills lo-
cated at Buffalo and Rome, New York, Cleveland, Ohio, Detroit,
Michigan, and Bridgeport, Connecticut. In the year 1936, the Com-
pany purchased $2,428,567.52 worth of copper and brass, of which
$300,000 worth was purchased outside the State of New York, and
for the period of January 1, 1937 to July 31, 1937, the value of
brass, and copper purchased was $1,738,574.63, of which $265,000
worth was purchased outside of New York. All of the steel comes
from states other than New York. In 1936, the Company bought
$186;370.27 worth of steel, and from the period of January 1, 1937
to July 31, 1937, it bought $140,522.01 worth of steel. All of the
tin is purchased from states other than New York. The Company
820 NATIONAL LABOR RELATIONS,BOARD
buys the tin, lead, and other materials that are !used to make up
solder, and gives them to the fabricator or, smelter in 'the quanti-
ties required ' by the • various formulae for solder. All of these
fabricators are outside of New York. In 1936, the Company pur-
chased $575,648.06 worth of solder and from January 1, 1937 • to
July 31, 1937, the value of solder purchased•was.$405,864.90.
The Company has branch warehouses in Massachusetts, Georgia,
Ohio, Michigan, Illinois, Texas, and California. ' Sales offices are
maintained at each of these warehouses. The bulk of the automo-
bile radiators manufactured Eby the Company 4s sent to Michigan,
Indiana, and California. • Some are exported. The air-condition-
ing parts are shipped, through ,the manufacturing and jobbing trade,
to Michigan, Ohio, Pennsylvania, Georgia, Texas,' California, Mis-
souri, and - Illinois. Some are sold to purchasers in New York.
Unit heaters are sold, through the jobbing and contracting trade,
all over the country. Electric water-coolers are shipped to various
parts of. the United States. From January 1, 1936 to July 31, 1937,
the total sales of the, Company were $10,139,616.82. About 90 per
cent of this total represents shipments to points outside, New York.
Outgoing shipments are made by rail. 'The incoming shipments are
generally made by truck.
The Company has registered stock issues with the Securities and
Exchange Commission for sale in interstate commerce ^ and has reg-
istered a trade mark with the United States Patent 'Office for sale
of articles in interstate commerce.
II. THE ORGANIZATIONS INVOLVED
A. The Amalgamated
Lodge No. 1753, Amalgamated Association of Iron, Steel, and Tin
Workers of North America, is a labor organization affiliated with
the Committee for Industrial Organization, which admits to mem-
bership the production 'employees of the Fedders Manufacturing
Company. Lodge 1753 was chartered on May 5, 1937.
B. The E. L. 0.
The Employees' Labor- Organization of the Fedders Manufactur-
ing Company was organized in the latter part of May 1937. Its
constitution, adopted June 22, 1937, states as one of its objectives :
"To provide a collective bargaining agency to negotiate with and
enter into contracts with the Company for the members of the
organization regarding` wages, hours of work, conditions of employ-
ment, and other matters of mutual interest to employees and an
employer." It is a labor organization admitting to membership
the production employees of the Company.
DECISIONS AND ORDERS
ITT. THE APPROPRIATE UNIT
821
The plant consists of two buildings connected by a bridge. The pro-
duction work is carried on in all of one building and part of another;
the office is in the latter building . For accounting and pay roll pur-
poses, the Company has divided the plant into numerous depart-
ments, numbered from 10 to 77., There is no great differentiation of
wages among these departments. Workers have been shifted from one
department to another. Neither labor organization makes any dis-
tinction between departments , and both purport to represent the
workers as a whole.
The E. L. O. draws the line sharply between salaried and non-
salaried employees and seeks to represent only the latter. The Amal-
gamated also excludes salaried employees , and it excludes in addi-
tion various other types of employees.
At the hearing both unions agreed that salaried employees should
not be considered as part of the appropriate unit. It was understood
that draftsmen, nurses, and watchmen are salaried employees. There
was no objection to statements by the Trial Examiner of his under-
standing of the agreement as excluding also engineers , shipping
clerks, department clerks, clerical workers under foremen in the shop,
office employees , foremen and assistant foremen, and anyone in a
supervisory capacity. There was some uncertainty as to janitors and
porters. Since they are akin to other excluded classes in that they are
not engaged directly in the processes of production , they will also be
excluded. Edmund Kopan, the stockroom helper, who is president
of the E. L. 0., is to be included in the appropriate unit.
On the pay roll in the record, there appears the name of Joseph W.
Jagosz, followed by the notation , "-repair man-Detroit, Michigan."
Although he may work at Buffalo from time to time, his main duties
are as a repairman , in the Detroit, Michigan, office. He will not be
included in the appropriate unit.
In view of all these facts and in order to insure to the production
employees of the Fedders Manufacturing Company the full benefit of
their right. to self-organization and to collective bargaining, and
otherwise to effectuate the policies of the Act, we find that all of the
production employees of the Company, excluding foremen, assistant
foremen and others in supervisory capacities , office workers , janitors,
porters, shipping clerks, department clerks, clerks under foremen
in the shop, - engineers , draftsmen , nurses, watchmen , and all other
salaried employees , and excluding the, repairman at the Detroit,
Michigan , warehouse , but including the stockroom helper, constitute
a unit appropriate for the purposes of collective bargaining.
49446-38-vol 111--53
822 NATIONAL LABOR RELATIONS BOARD
IV. THE QUESTION CONCERNING REPRESENTATION
Both unions assert that they represent a majority of the employees.
Approximately 875 workers are included in the appropriate categories.
The Amalgamated presented a box containing 432 cards. The E. L. O.
presented a ledger which contained 475 names, asserted to be names
of members of the E. L. O. The E. L. O. also presented a set of peti-
tions on which employees had signified their desire to be represented
by the E. L. O. Both the Amalgamated and the E. L. O. offered this
evidence for inspection by the Board only.
Many names appear both on the list of the E. L. O. and on the
cards of the Amalgamated. An examination of the petitions pre-
sented by the E. L. O. reveals that they vary widely in their heading
and indicates that the presence of the signatures on the petition is not
conclusive as to the desires of the signers with respect to having the
E. L. O. represent them for purposes of collective bargaining.
On June 23, 1937, the Amalgamated presented to T. C. Fedders,
vice president of the Company, a proposed contract in writing. At
that time Fedders said he was perfectly willing to bargain and to
discuss the signing of an agreement. At a second meeting on June
27 or June 28, 1937, the clause as to exclusive bargaining rights was
sent to the Company's attorney for examination, and the discussion
of the demands as to wages was deferred. Other matters, such as
hours, seniority, and procedure for adjustment of grievances, were
agreed upon. At a third meeting on July 11, 1937, the Company
refused to grant sole bargaining rights to the Amalgamated or to
examine any evidence of a majority which the Amalgamated might
present. The Amalgamated immediately thereafter filed with the
Board its petition for investigation and certification of representa-
tives. At a fourth meeting the Company refused to sign an agree-
ment which would embody the other matters agreed upon, but would
leave the question of sole bargaining rights to be settled by a Board
election.
On the basis of these facts, and upon,the whole record, we find that
a question has arisen concerning the representation of the production
employees of the Fedders Manufacturing Company.
V. THE EFFECT OF THE QUESTION OF REPRESENTATION ON 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 com-
merce and the free flow of commerce.
DECISIONS AND ORDERS
VI. CONDUCT OF THE ELECTION.
823
We further find that an election by secret ballot is necessary to
determine the proper representatives for collective bargaining and
thus resolve the question concerning representation.
The Company is engaged in a seasonal business. No new em-
ployees were hired during July or August. Employees laid off in
June, will, in accordance with the general policy of the Company, be
put back to work when needed. The names of these employees are
included in the list of employees which is designated by the Company
as the pay-roll list for July 11, 1937. The election will be held among
the designated classes of employees listed on the pay-roll list of July
11, 1937.
CONCLUSIONS OF LAW
On the basis of the above findings of fact, the Board makes the
following conclusions of law :
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of the Fedders Manufacturing Company,
within the meaning of Section 9 (c), and Section 2, subdivisions
(6) and (7) of the National Labor Relations Act.
2. All of the production employees of the Company, excluding
foremen, assistant foremen and others in supervisory capacities, office
workers, janitors, porters, shipping clerks, department clerks, clerks
under foremen in the shop, engineers, draftsmen, nurses, watchmen
and all other salaried employees, and excluding the repairman at the
Detroit, Michigan office, but including the stockroom helper, consti-
tute 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
Relations Act, 49 Stat. 449, and pursuant to Article III, Section 8
of National Labor Relations Board Rules and Regulations-Series 1,
as amended, it is hereby
DIRECTED that, as part of the investigation authorized by the
Board to ascertain representatives for collective bargaining with the
Fedders Manufacturing Company, an election by secret ballot shall
be conducted within 20 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 Rela-
tions Board, and subject to Article III, Section 9 of said Rules
and Regulations-Series 1, as amended, among the production em-
ployees of the Fedders Manufacturing Company, who appear on
824 NATIONAL LABOR RELATIONS BOARD
the pay-roll list of July 11, 1937, excluding foremen, assistant fore-
men and others,in supervisory capacities, office workers, janitors,
porters, shipping clerks, department clerks, clerks under foremen in
the shop, engineers, draftsmen, nurses, watchmen, and all other
salaried employees, and excluding the repairman at the Detroit,
Michigan office, but including the stockroom helper, to determine
whether they desire to be represented by Lodge 1753, Amalgamated
Association of Iron, Steel, and Tin Workers, affiliated with the Com-
mittee for Industrial Organization, or the Employees' Labor Organ-
ization of the Fedders Manufacturing Company, for the purposes of
collective bargaining, or by neither.