Abrasive Co.

National Labor Relations Board - Board Decisions

Jan 5, 1945

59 N.L.R.B. 1488 (N.L.R.B. 1945)

In the Matter of ABRASIVE COMPANY and CONGRESS OF INDUSTRIAL.
ORGANIZATIONS
Case No. 4-R-1587.-Decided January 5, 1945
Mr. Bernard G. Segal, by Mr. James J. Leyden, of Philadelphia,.
Pa:, for the Company.
Mr. George Bucker, of Philadelphia, Pa., for the C. I. 0.
Messrs. Angelo Ce f alo and William E. Collier, of Philadelphia, Pa.,
for District 50.
Mr. LeRoy W. Peacock, of Philadelphia, Pa., for the A. F. L.
Miss Virginia A. Miller, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by Congress of Industrial Organizations,.
herein called the C. I. 0., alleging that a question affecting commerce
had arisen concerning the representation of employees of the Abra-
sive Company, Philadelphia, Pennsylvania, herein called the Com-
pany, the National Labor Relations Board provided for an,
appropriate hearing upon due notice before Eugene M. Purver, Trial
Examiner. Said hearing was held at Philadelphia, Pennsylvania, on,
December 6, 1944. At the commencement of the hearing, the Trial'.
Examiner granted motions by District 50, United Mine Workers of
America, Local No. 12739, herein called District 50, and American
Federation of Labor, herein called A. F. L., to intervene. The Com-
pany, the C. I. 0., District 50, and the A. F. L. appeared, participated,
and 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 prej-
udicial error and are hereby affirmed. All parties were afforded an
opportunity to file briefs with the Board.
59 N. L. R. B., No. 271.
1488
ABRASIVE COMPANY 1489
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
The Company is a Pennsylvania corporation, having its plant and
principal place of business in Philadelphia, Pennsylvania, and is a
division of Simonds Saw and Steel Company, a Massachusetts cor-
poration, of Fitchburg, Massachusetts. The Company is engaged in
the manufacture of grinding wheels, polishing grain, and abrasive
products. During the year 1944, the Company used raw materials
consisting principally of Borolon ore, ceramics, abrasives, and chem-
icals, exceeding $500,000 in value, 75 percent. of which was trans-
ported to the Company from points outside the Commonwealth of.
Pennsylvania. During the same period, 75 percent of the Company's,
finished products, valued at approximately $1,000,000, was shipped:
to points outside the Commonwealth of Pennsylvania. The Company
is engaged almost exclusively in production for war purposes.
The Company concedes that it is engaged in commerce within the
meaning of the National Labor Relations Act.
H. THE ORGANIZATIONS INVOLVED
Congress of Industrial Organizations is a labor organization admit-
ting to membership employees of the Company.
District 50, United Mine Workers of America, Local Union 12739,
is a labor organization admitting to membership employees of the
Company.
American Federation of Labor is a labor organization admitting
to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The C. I. 0., by letter dated November 4, 1944, claimed to represent
a majority of the employees in the alleged appropriate unit. At that
time and since, the Company has refused to recognize the C. I. O. on
the ground that there was in existence up to and including December
13, 1944, a valid contract with District 50. The contract was not.
urged as a bar.
A. statement of a Board agent, introduced into evidence at the,
hearing, indicates that both the C. I. O. and District 50 represent a.
substantial number of employees in the unit hereinafter found appro
1490 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
priate., On evidence introduced at the hearing the Trial Examiner
reported that the A. F. L. also represents a substantial number of
employees in the unit.
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
The parties agree, and have so stipulated, that all production, main-
tenance, and inspection employees, but excluding office and clerical
workers, dispensary and cafeteria employees, laboratory technicians,
the superintendent, foremen, assistant foremen, and supervisors who
have authority to hire, promote, discharge, discipline, or otherwise
effect changes in the status of employees, constitute an appropriate
unit. The parties are in disagreement, however, with reference to
the inclusion or exclusion of guards and watchmen, and those
laboratory employees classified as grain inspectors and laboratory
assistants.
The C. I. O. seeks the exclusion of the guards and watchmen from
the proposed unit. The Company also takes the position that these
employees should be excluded. The intervenors, District 50, and
A. F. L., however, contend that these employees should be included.
The record discloses that guards and watchmen, all of whom are
listed on the pay roll as guards, were at one time militarized but were
demilitarized in 1944. They are, however, uniformed and armed and
are deputized by the Philadelphia Police Department. In view of
our customary policy of excluding deputized guards who exercise
monitorial functions, from units of production and maintenance em-
ployees, we shall exclude all guards.2
All unions participating seek the inclusion of grain inspectors and
laboratory assistants. The Company contends that these employees
should be excluded, on the ground that all employees in the laboratory
are confidential employees. The record reveals that there are approxi-
mately 25 employees working in the laboratory, a majority of these
being either highly skilled technicians 3 or clerical workers whom all
i The Yield Examiner reported that the C. I. O. submitted 340 membership authorization
cards, 4 dated October 1944 , 326 dated November 1944, and 10 undated , and that there
were approximately 485 employees in the unit.
At the hearing, the A. F. L. submitted to the Trial Examiner 68 authorization designa-
tion cards , all of which were dated in December 1944.
District 50 relies upon its contract for evidence of its interest.
2 Matter of Continental Can Company , 55 N. L. R . B. 180; Matter of Decatur iron &
.Steel Co., 59 N. L . R. B. 1070 ; Matter of Dempster Bros ., Inc., 58 N. L. R. B. 151 ;
Matter of Ingalls Shipbuilding Corp., 59 N. L. R. B. 924.
3 The parties stipulated at the hearing that by laboratory technicians were meant
ceramists , chemists , engineers , assistant ceramists , assistant chemists, and assistant
engineers.
ABRASIVE COMPANY 1491
parties agree to exclude. The remaining employees are known as
laboratory assistants and grain inspectors. These employees are with-
out special technical training and work under conditions and rules
similar to those governing production and maintenance employees.
The grain inspectors inspect polishing grains and make reports of
their inspections, while the laboratory assistants do routine work of
cleaning bottles and utensils and other types of related manual labor.
They have no supervisory authority, and in some instances these em-
ployees have worked alternately in the laboratory and in the produc-
tion division proper; further, production employees are sometimes
brought into the laboratory to do this work. There is no evidence that
their duties place them in a confidential relationship to management
within the meaning of that term as used by the Board. Although in
the bargaining history as evidenced by the 1-year contract between
District 50 and the Company, all laboratory employees were specifically
excluded, in view of the foregoing, we are of the opinion that these
employees should be included in the production and maintenance unit;
accordingly, we shall include them.4
We find that all production, maintenance, and inspection employees;
including grain inspectors, and laboratory assistants, but excluding
office and clerical workers, dispensary and cafeteria employees, labo-
ratory technicians, the superintendent, foremen, assistant foremen,
guards and watchmen, and supervisors with authority to hire, pro-
mote, discharge, discipline, or otherwise effect changes in. the status of
employees,5 or effectively recommend such action, constitute a unit
appropriate for the purposes of collective bargaining, within the
meaning of Section 9 (b) of the Act.
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 the Direction of Elec-
tion herein, subject to the limitations and additions set forth in the
Direction.
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,
4 Grinnel Corp ., 56 N. L . R. B. 1766 ; Edgewater Steel Company, 56 N. L . R. B. 1778 ;
Monarch Aluminum Manufacturing Company , 53 N. L . It. B. 956 ; Pittsburgh Plate Glass
Company , 52 N. L . It. B. 1181.
6 At the hearing , a question was raised concerning a group of former employees who.
had been classified as "supervisors ." Since this category has been eliminated , we will not
at this time rule with reference to such employees . Should such a category be again estab-
lished , inclusion or exclusion of such employees would depend on whether or not they
exercised supervisory functions within the above definition.
1492 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
and pursuant to Article IIT, 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-
fives for the purposes of collective bargaining with the Abrasive Com-
pany, Philadelphia, 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 supervision
of the Regional Director for the Fourth 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 unit found appropriate in Section IV, above,
who were employed during the pay-roll period immediately pre-
ceding the date of this Direction, including employees who did not
work during said pay-roll period because they were ill or on vacation
or temporarily laid off, 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
and have not been rehired or reinstated prior to the date of the election,
to determine whether they desire to be represented by Congress of
Industrial Organizations, or by District 50, United Mine Workers of
America, Local Union 12739, or by American Federation of Labor,
for the purposes of collective bargaining, or by none.-