Gielow, Inc.

National Labor Relations Board - Board Decisions

Mar 24, 1945

60 N.L.R.B. 1477 (N.L.R.B. 1945)

In,the -Matter of GIELOW , INCORPORATED and MARINE DRAFTSMEN'S
ASSOCIATION AT GIELOW , INC., AFFILIATED WITH FEDERATION OF
ARCHITECTS , ENGINEERS , CHEMISTS AND TECHNICIANS, CIO
Case No. 2-B-5290.-Decided March 04, 1945
Messrs. Ernst, Cane cC Berner, by Mr. P. Berner, of New York City,
for the Company.
Messrs. Beryl Gilman and Martin M. Cooper, of New York City,
for the Union.
Mr. Sidney Grossman, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by Marine Draftsmen's Association- at
.Gielow, Inc., affiliated with Federation of Architects, Engineers,
Chemists and Technicians, CIO, herein called the Union, alleging that
a question affecting commerce had arisen concerning the representation
of employees of Gielow, Incorporated, New York City, herein called
the Company, the National Labor Relations Board provided for an
appropriate hearing upon due notice before Jerome I. Macht, Trial
Examiner. Said hearing was held at New York City, on February 14,
1945. The Company and the Union 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 Company moved to dismiss the petition for the reason
that the Union is not a labor organization within the meaning of the
Act. Ruling was reserved for the Board. For the reason set forth in
Section II, infra, the motion is denied. The Trial Examiner's rulings
made at the hearing are free from prejudicial error and are hereby
affirmed. All parties were afforded an opportunity to file briefs with
the Board.
Upon the entire record in the case, the Board makes the following:
60 N. L. R. B., No. 254.
1477
1478 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Gielow, Incorporated, a Delaware corporation, is engaged in" the
business of Naval architects and engineers at its principal office and
place of business in New York City, and at its Pittsburgh, Pennsyl-
vania, and Boston, Massachusetts, field offices. During the past year
the volume of its business was in excess of $500,000 in value, consisting
principally of designing troop transports for the Maritime Commis-
sion, patrol craft for the Navy, and power plants for the Defense Plant
'Corporation. It is engaged entirely in war work.
The Company admits that it is engaged in commerce witliin the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
Marine Draftsmen's Association at Gielow, Inc., affiliated with Fed-
eration of Architects, Engineers, Chemists and Technicians, CIO, is a
labor organization admitting to membership employees of the
Company.,
III. THE QUESTION CONCERNING REPRESENTATION
On January 8, 1945, the Union addressed a letter to the Company
wherein it stated that it represents a majority of the Company's em-
ployees, and requested recognition as their bargaining representative.
The Company refused to accord such recognition to the Union.
A statement of "a Board agent, introduced into evidence at the hear-
ing, indicates that the Union represents a substantial number of em-
ployees in the unit hereinafter found appropriate 2
We find that a question affecting commerce has arisen concerning
The Company does not dispute the status of the FAECT as a labor organization. How-
ever, it moves to dismiss the petition for the reason that the evidence does not reveal that
the Union herein enjoys such status or that it possesses authority to represent the Com-
pany's employees . Although the Union does not have a constitution or bylaws, nor has
a charter as yet been issued to it, the record discloses that it held a membership meeting,
secured membership cards, and , as an affiliate of the FAECT , it sought to engage in
collective bargaining with the Company . The international representative of the FAECT
testified that it is customary to issue a charter after a group of employees have effectuated
their organization or'engaged in bargaining with the employer . Moreover, the membership
cards submitted by the Union clearly designate the Union as the collective bargaining
representative of the signers . The Act accords employees the right to designate as their
representative any individual or labor organization We, therefore, find no merit in the
Company ' s contention . See Matter of Air Reduction Sales Company, 58 N. L. R. B 522;
Matter of Frigidaire Division, General Motors Corporation , 39 N. L R B. 1108 , Matter
of Aeolian-American Corporation , 8 N. L R. B. 1043.
1 The Field Examiner reported that the Union submitted 37 application cards, of which
1 was dated in June 1944 , and the balance bore dates in January 1945 , in an alleged
appropriate unit consisting of 64 employees.
GIELOW, INCORPORATED 1479
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 that the unit should be comprised of all technical
engineering and drafting room employees at the Company's New York
office, including tracers, and employees assigned to field offices, but ex-
cluding office, clerical and secretarial employees, principal and assistant
administrators, and all supervisory employees.3 However, a dispute
has arisen as to the technical or supervisory status of the specific em-
ployees hereinafter discussed.
Clerical and secretarial employees.-The Union opposes the inclu-
sion of G. Atwater, A. Caine, E. D'Addario, M. Smith, D. Thomas, H.
Blackford, F. Golini, L. M. Lissmann, E. Yorke, and M. E. Giblin, for
the reason that their duties are essentially clerical and secretarial in
character. The Company regards them as part of its technical per-
sonnel in view of their knowledge and application of technical details
associated with its business. The record discloses that G. Atwater has
charge of the technical files and performs other clerical duties; A. Caine
performs miscellaneous clerical duties and runs errands; E. D'Addario
files finished drawings and working plans; the remaining employees
above referred to engage in secretarial work 4 While it is true that
these employees, in the performance of their duties, employ technical
information acquired in the course of their employment, unlike the
technical workers who have generally acquired their skill as a 'result
of previous training or experience, their duties are substantially routine
in character, and such technical information as they may possess is
applied as part of their major clerical or secretarial responsibilities.
In addition, the work performed by the clerical and secretarial em-
ployees here involved is not designed, as is that of the technical em-
ployees, to permit progressive advancement in engineering or drafting.
We find that the above mentioned employees are engaged in clerical
and secretarial duties, and accordingly shall exclude them from the unit
hereinafter found appropriate.
E. CC. Lawson. The Union opposes the inclusion of E. C. Lawson
who is employed as a draftsman. Since Lawson does not possess any
supervisory functions within our customary definition, we shall include
him in the unit.
° A consent election was held on March 6 , 1944, among employees in a unit similar to
the unit here proposed . The election in which Marine Draftsmen ' s Association at Henry
Gielow, Incorporated , an unaffiliated union, participated , did not r'sult in the selection of
a bargaining representative.
M. E. Giblin also devotes a portion of her time at irregular intervals to the eradica-
tion of alteration notations and other references from rough dra«ings called "Van Dykes,"
used to reproduce cloth prints . The record does not disclose that work of this nature
requires any appreciable measure of technical skill.
1480 DECISIONS 'OF NATIONAL LABOR RELATIONS BOARD
We find that all technical engineers and drafting room employees 5
at the Company's New York office, including tracers, and employees
assigned to field offices, but excluding office, clerical and secretarial
employees, principal and assistant administrators, and all other super-
visory employees with authority to hire, promote, discharge, discipline,
or otherwise effect changes in the status of employees, 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 Election
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,
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 Gielow; Incorpo-
rated, New York.City, an election by secret ballot shall be conducted
as early as possible, but not-later than sixty (60) days from the date of
this Direction, under the direction and supervision of the Regional
Director for the Second 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 dur-
ing the pay-roll period immediately preceding the date of this Direc-
tion, including employees who did not work durinb the 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 pre-
sent themselves in person at the polls, but excluding any who have since
quit or been discharged for cause and have not been rehired or rein-
stated prior to the date of the election, to determine whether or not they
desire to be represented by Marine Draftsmen's Association at Gielow,
Inc., affiliated with the Federation of Architects, Engineers, Chemists
and Technicians,`CIO, for the purposes of collective bargaining.
$ The parties agreed, and we find, that B. P. Winant, a draftsman , is a nonsupervisory
employee ; we shall include him in the unit.