Landis Tool Co.

National Labor Relations Board - Board Decisions

Feb 20, 1946

65 N.L.R.B. 1279 (N.L.R.B. 1946)

In the Matter of LANDIS TOOL COMPANY and INTERNATIONAL UNION,
UNITED AUTOMOBILE, AIRCRAFT AND AGRICULTURAL IMPLEMENT
WORKERS OF AMERICA (UAW-CIO)
In the Matter of LANDIS TOOL COMPANY and PATTERN MAKERS' LEAGUE
OF NORTH AMERICA, A. F. L. -
Cases Nos. 6-R-1285 and 6-R-1309, respectively.Decided February
^?0, 1946
Mr. L. R. Rice, of Martinsburg, W. Va., for the Company.
Mr. Paul Silver, of Detroit, Mich., for the U. A. W.-CIO.
Mr. George Q. Lynch, of Washington, D. C., for the Pattern Makers.
Mr. Jerome J. Dick, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF TIIE CASE
Upon petitions duly filed by Pattern Makers' League of North
America, A. F. L., herein called the Pattern Makers, and International
Union, United Automobile, Aircraft and Agricultural Implement
Workers of America (UAW-CIO), herein called the U. A. W.-C. I. 0.,
alleging that a question affecting commerce had arisen concerning the
representation of employees of Landis Tool Company, Waynesboro,
Pennsylvania, herein called the Company, the National Labor Rela-
tions Board provided for an appropriate hearing upon due notice be-
fore Joseph Lepie, Trial Examiner. The hearing was held at Waynes-
boro, Pennsylvania, on December 21, 1945. The Company, the Pattern
Makers, and the U. A. W.-C. I. O. appeared and participated. All
parties were afforded full opportunity to be heard, to examine and
cross-examine witnesses, and to introduce evidence bearing on the
issues. The Trial Examiner's rulings made at the hearing are free from
prejudicial error and are hereby affirmed. All parties were afforded
opportunity to file briefs with the Board.
65 N. L. R. B., No. 215.
1279
679100-46-vol. 65-82
1280 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Landis Tool Company, a Pennsylvania corporation, is engaged in
the manufacture, sale, and distribution of machine tools at its Waynes-
boro plant. During the year 1945, the Company purchased raw mate-
rials valued in excess of $1,000,000, of which approximately 80
percent was shipped to its Waynesboro plant from points outside the
Commonwealth of Pennsylvania. During the same period the Com-
pany manufactured finished products valued in excess of $1,000,000, of
which approximately 80 percent was shipped from its Waynesboro
plant to points outside the Commonwealth of Pennsylvania.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
Pattern Makers' League of North America is a labor organization,
affiliated with the American Federation of Labor, admitting to mem-
bership employees of the Company.
International Union, United Automobile, Aircraft and Agricul-
tural Implement Workers of America is a labor organization, affiliated
with the Congress of Industrial Organizations, admitting to member-
ship employees of the Company.
III. TILE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the Pattern
Makers or the U. A. W.-C. I. O. as the exclusive bargaining repre-
sentative of any of its employees until the Unions have been certified
by the Board in an appropriate unit. -
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that the Pattern Makers and the U. A. W.-C. I. O. each
represents a substantial number of employees in the unit which each
contends to be appropriate.'
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company, within the meaning
of Section 9 (c) and Section 2 (0) and (7) of the Act.
1 The Board agent reported that the Pattern Makers submitted 14 cards, bearing the
names of 14 employees listed on the Company ' s pay roll , and that there are approximately
15 employees in the claimed appropriate unit He further reported that the U A W -
C I O. submitted 299 cards , bearing the names of 299 employees listed on the Company's
pay roll There are approximately 600 employees in the unit alleged to be appropriate by
the U A W -C. I. O.
LANDIS TOOL COMPANY 1281
IV. THE APPROPRIATE UNIT : THE DETERMINATION OF REPRESENTATIVES
The U. A. W.-C. I. O. claims as appropriate a unit composed of all
production and maintenance employees , including shop clerical em-
ployees, inspectors , timekeepers , and janitors , but excluding office
clericals , technical employees , and supervisory employees . The Pat-
tern Makers desires a unit composed of all pattern makers and pattern
maker apprentices , excluding supervisory employees . The Company
takes a neutral position with respect to the appropriate unit or units.
The U. A. W.-C. I. O. would include the pattern makers within its
requested unit, but stated at the hearing that it raised no objection
to an election among the pattern makers and desired to appear on the
ballot.
The Company employs approximately 15 pattern makers. The
pattern shop , which is housed in a separate unit in one of the Com-
pany's buildings, is physically segregated from all other plant
departments . The pattern makers are under separate supervision and
their work is confined solely to pattern making. There is no inter-
change between the pattern makers and other company employees.
The record discloses no previous history of collective bargaining at
the plant . Under the circumstances, including the fact that pattern
makers have a substantial interest in a well recognized craft, we are of
the opinion , and find, that the pattern makers as a group could properly
function as a separate bargaining unit, or as part of a plant-wide unit.2
Accordingly , our determination of the appropriate unit or units will
depend in part upon the desires of the employees themselves, to be
expressed in the elections hereinafter directed.
We shall direct that the question concerning representation which
has arisen be resolved by separate elections by secret ballot among
employees in the following groups, excluding all supervisory employees
with authority to hire, promote , discharge , discipline , or otherwise
effect changes in the status of employees , or effectively recommend
such action , who were employed during the pay-roll period immediately
preceding the date of the Direction of Election herein, subject to the
limitations and additions set forth in the Direction :
(1) All pattern makers and pattern maker apprentices;
(2) All remaining production and maintenance employees, in-
cluding shop clerical employees , inspectors, timekeepers , and janitors,
but excluding office clericals and technical employees.
DIRECTION OF ELECTIONS
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,
3 See Jeffrey iifanufacturinq Company , 58 N L R B 1129
1282 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
and pursuant to Article III, Section 9, of National Labor Relations
Board Rules and Regulations-Series 3, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Landis Tool
Company, elections 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 Sixth Region, acting in this matter as agent for the National
Labor Relations Board, and subject to Article III, Sections 10 and 11,
of said Rules-and Regulations, among the employees in the voting
groups described in Section IV, above, who were employed during the
pay-roll period immediately preceding the date of this Direction, in-
cluding employees who did not work during said pay-roll period
because they were ill or on vacation or temporarily laid off, and includ-
ing 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 elections (1) to determine whether
the employees described in voting group 1 of Section IV desire to be
represented by Pattern Makers' League of North America, A. F. ' L.,
or by International Union, United Automobile, Aircraft and' Agri-
cultural Implement Workers of America, U. A. W.-C. I. 0., for the
purposes of collective bargaining, or by neither; (2) to determine
whether or not the employees described in voting group 2 of Section
IV desire to be represented by International Union, United Automo-
bile, Aircraft and Agricultural Implement Workers of America,
U. A. W.-C. I. 0., for the purposes of collective bargaining.
MR. GERARD D. REILLY took no part in the consideration of the above
Decision and Direction of Elections.