A. P. de Sanno & Son, Inc.

National Labor Relations Board - Board Decisions

Mar 18, 1943

48 N.L.R.B. 283 (N.L.R.B. 1943)

In the,Matter of A. P. DE SANNO & SON, INC. and CONGRESS OF
INDUSTRIAL ORGANIZATIONS
Case No. R-4966.-Decided March 18, 1943
Jurisdiction : abrasives manufacturing industry.
Investigation and Certification of Representatives : existence of question ; con-'
tract renewed after notice of petitioner's claim to representation, no bar ;
election necessary.
Unit Appropriate for Collective Bargaining : 'production and maintenance em-
ployees excluding employees with the power to hire and discharge, super-
visors, compounders, salesmen, office workers, watchmen, guards, and a
specifically named employee ; stipulation as to.
'1
Mr. Peter Zion, of Philadelphia, Pa., for the Company.
Mr. Otto Hartman, of Philadelphia, Pa., for District 50.
Messrs. George Craig and George Bucher, both of Philadelphia, Pa;,
for the C. I. O.
Mr. David V. Easton, of counsel to the Board.
DECISION
AND
DIRECTION OF-ELECTION
STATEMENT OF THE CASE
-- Upon, petition duly filed by Victor Ulevitch, C. I. O. field represent-
ative, on behalf of the Congress of Industrial Organizations, herein
called the C. I. O., alleging that a question affecting commerce had
arisen concerning the representation of employees of A. P. de Sanno
& Son, Inc., Phoenixville, Pennsylvania, herein called the Company,
the National Labor Relations Board provided for aiY appropriate
hearing upon due notice before Robert H. Kleeb, Trial Examiner.
Said hearing was held at Philadelphia, Pennsylvania, on March 6,
1943. The Company, the C. I. O., , and Local 12092, District 50,
United Mine Workers of America, herein called District 50, appeared,
participated,, and were afforded full opportunity to be heard, to ex,
amine and cross-examine witnesses, and to introduce evidence bearing.
on the issues. At the hearing District 50 made a motion to dismiss
the petition which the Trial Examiner referred to' the Board. For
reasons appearing below, this motion is denied. The Trial Examiner's
48 N. L. R. B., No. 38.
283
284 DECISIONS, 'OF NATIONAL LABOR RELATIONS. BOARD'
rulings made at thelearin g are free from prejudicial error and are
hereby affirmed. On March 12, 1943, District 50 filed a brief which
the Board has considered. -
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. TIIE BUSINESS OF THE COMPANY
A. P. de Sanno & Son, Inc., a Pennsylvania corporation, with its
plant and principal place of business located at Phoenixville, Pennsyl-
vania, is engaged in the manufacture of grinding wheels and abrasives.
During the year 1942, the Company purchased raw materials in an
amount exceeding' $250,000 and sold finished products in an amount
exceeding $1,000,000. Approximately 90 percent of its purchases were
derived from; points outside the State of Pennsylvania, and approxi-
mately 90 percent of its safes' were made to points outside the State
of Pennsylvania.' The Company admits that it is engaged in commerce
within the meaning of the National Labor Relations Act.
H. THE ORGANIZATIONS INVOLVED'
•3
Congress of Industrial Organizations is a labor organization ad-
mitting to membership employees of the Company.
Local 12092, District 50, United Mine Workers of America, is a
labor organization admitting to membership employees of the
Company.
III. THE QUESTION CONCERNING REPRESENTATION
On March 18, 1942, the Company and District 50 executed a contract
expiring March 18, 1943. The contract provided that it was to remain
in effect from year to year thereafter, unless written notice of termina-
tion was given 'by either party at least 30 days prior to said expiration
date. Although the contract was between the Company and District
50, C. I. 0., all parties are agreed that District 50 is no longer affiliated
with the Congress of Industrial Organizations: On February 11, 1943,
the C. I. 0., by letter, requested recognition from the Company, and
on February 17, District 50 gave written notice to the Company of
its desire to "alter" the contract. The C. I. O. contends that the con-
tract is not a bar to a present determination of representatives. Dis-
trict 50 contends that the contract was automatically renewed inasmuch
as the required notice of termination- was not given, and hence con-
stitutes a bar. We do not agree with the latter contention. Since
the C. I. O. gave notice of its claim prior to the date upon which the
contract would have been automatically renewed, we find that the con-
A. P. DE SANNO & SON, INC. 285
tract of March 18, 1942, does not constitute a bar to a present deter-
mination of representatives. l
A statement of the Regional. Director, introduced into evidence at
the hearing, indicates that the C. I. O. represents a substantial number
of employees in the unit hereinafter found 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 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
Iii accordance with a stipulation of the parties, we find that all
production and maintenance employees of the Company, excluding
those employees with the power to hire and discharge, supervisors,
compounders, salesmen, office workers, watchmen, guards, and Harry
Pinney, constitute a unit appropriate for the purposes of collective
bargaining within the meaning of Section 9 (b) of the Act.z
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among the em-
ployees in the appropriate unit who were employed during the pay-roll
period immediately preceding the date of our Direction of Election,
subject to the limitations and additions set forth therein.
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, and pursuant to Article III, Section 9, of National Labor Rela-
tions Board Rules and Regulations-Series 2, as amended, it is
hereby '
Dn1ECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with A. P. de Sanno
& Son, Inc., Phoenixville, Pennsylvania, 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,super-
vision of the Regional Director for the Fourth Region, acting in this
matter as agent for the National Labor Relations Board, and sub-
ject to Article III, Section 10, of said Rules and Regulations, among
1 The Regional' Dnector reported that the C I 0 submitted 226 authorization cards, of
which 205,beai apparently genuine onginal signatures , and the names contained thereon
appear upon a pay roll submitted by the Company Said pay roll contains the names of
280 employees District 50 relies upon its agreement with the Company dated March 18,
1942 , as establishing its interest.
2 This is substantially the sane unit covered by the contract - referred to above.
286 DECISIONS OF -NATIONAL, LABOR, RELATIONS BOARD
the employees in the unit found appropriate in ' Section- IV, above;
who were employed during the pay-roll period immediately preced-
ing the date of this Direction, including any such employees who did
not work di}ring said pay-roll period because they were ill or on va-
cation or temporarily laid oft, and including employees in the armed
forces of the United States who present themselves in person at the
polls, but excluding any who have since quit or been discharged for
cause, to determine whether they desire to be represented by Con-
gress of Industrial Organizations, or by Local 12092, District 50, affili-
ated with the United Mine `Yorkers of America, for the purposes of
collective bargaining, or by neither.
MR. JOHN M. HousToN took no part in the consideration of the
above Decision and Direction of Election.