Patek Bros., Inc.

National Labor Relations Board - Board Decisions

Apr 25, 1947

73 N.L.R.B. 611 (N.L.R.B. 1947)

In the Matter of PATEK BROS ., INC., EMPLOYER and GLAZIERS' LOCAL
UNIo1V No. 1204 OF PAINTERS, DECORATORS & PAPERHANGERS OF
AMERICA, A. F. of L., PETITIONER
Case No. 13-R-41076.-Decided'April 25,19-117
Laonfrom, Tighe, Engelhard di Peck, by Mr. Egon W: Peck, of
'Milwaukee, Wis., for the Employer.
Padw.vay, Goldberg di Pre^viant, by Mi. Alfred G. Goldberg, of Mil-
vaukee, Wis., for the Petitioner.
Mfr. Arthur Christopher, Jr., of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
Upon a petition duly filed, the National Labor Relations Board on
February 3, 1947, conducted a prehearing election among employees
of the Employer in the alleged appropriate unit, to determine whether
or not they desired to be represented by the Petitioner for the purposes
of collective bargaining.
At the close of the election, a Tally of 'Ballots was furnished the
parties. - The Tally shows that there were approximately 38 eligible
voters and that 31 of these eligible voters cast ballots, of which 21
were for the Petitioner, 7 were against the Petitioner, and 3 were
challenged.
Thereafter, a hearing was held at Milwaukee, Wisconsin, on March
12, 1947, before Max Rotenberg, hearing officer. The hearing officer's
rulings made at the hearing are free from prejudicial error and are
hereby affirmed.
Upon the entire record in the case, the_ National Labor Relations
Board makes the following :
FINDINGS 'Or, FACT
1. T1lE BUSINESS OF THE EMPLOYER
Patek Bros ., Inc., a Wisconsin corporation , is engaged in the manu-
facture and distribution of paint, varnish , enamels, and related
products, and the processing and distribution of various kinds of plate
73 N L . R. B., No. 117.
611
'612, 1DECISIONS OF NATIONAL LABOR RELATIONS BOARD
glass at its Milwaukee , Wisconsin , plant. During ' the 12-month
period before the hearing ; the Employer purchased about $800,000
worth of materials for use in its operations , of which approximately
80 percent was obtained from sources outside the State of Wisconsin.
During_ the same period , the Employer sold about $1,250,000 worth
of finished products , of which approximately 20 percent was shipped
to points outside the State.
The Employer admits and we find that it is engaged in commerce
within the meaning of the National Labor Relations Act.,
II. TiIE ORGANIZATIOI^T INVOLVED
The Petitioner is a labor organization' affiliated with the American
Federation of Labor, claiming to represent employees of the Employer.
III. THE QUESTION CONCERNING REPRESENTATION
The Employer refuses to recognize the Petitioner as the exclusive
bargaining representative of employees of the Employer instil the
Petitioner has been certified by the Board in an appropriate unit.
We find that a question affecting commerce has arisen concerning
the representation of employees of the Employer, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
We find, in accordance with the agreement of the parties at the
hearing, that all glass workers and glass handlers of the Employer,
excluding glaziers,' office employees, working foremen,2 and all 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
Having excluded the three working foremen from the unit in accord-
ance with the desires of the parties, we hereby sustain the challenges,
to their ballots. As it appears that the Petitioner has secured a major-
ity of the valid votes cast, we shall certify it as the collective bargain-
ing representative of the employees in the appropriate unit.
3 Glaziers'are now separately represented by the Petitioner under the terms of a col-
lective bargaining contract
?The Employer urges that the Board should make a specific finding that August Hall-
strand, John Krechel, and George McNally, the three working foremen whose ballots were
challenged at the prehearing election on the ground that they were supervisory employees,
possess supervisory authority within the meaning of the Board's customary definition.
However,,in view of the agreement of the parties at the hearing that the three working fore-
men should be excluded from the unit, we find it unnecessary to pass upon this question.
PATEK BROS.; INC. 613
CERTIFICATION OF REPRESENTATIVES
IT IS HEREBY CERTIFIED that Glaziers' Local Union No. 1204 of
Painters, Decorators & Paperhangers of America, A. F. of L., has
been designated and selected by a majority of all glass workers and
glass handlers of Patek Bros., Inc., Milwaukee, Wisconsin, excluding
glaziers, office employees, working foremen, and all supervisory em-
ployees with authority to hire, promote, discharge, discipline, or other-
wise effect changes in the status of employees, or effectively recommend
such action,,as their representative for the purposes of collective bar-
gaining, and that, pursuant to Section 9 (a) of the Act, the said
organization is the exclusive representative of all such employees for
the purposes of collective bargaining with respect to rates of pay,
wages, hours of employment, and other conditions of employment.