Sherman and Associates

National Labor Relations Board - Board Decisions

Jun 16, 1944

56 N.L.R.B. 1457 (N.L.R.B. 1944)

In the Matter Of SHERMAN AND ASSOCIATES and ASSOCIATION OF PRO-
FESSIONAL ENGINEERING EMPLOYEES OF SHERMAN AND ASSOCIATES
Case No. 2-R-4530.-Decided June 16, 1944
Mr. John _L. Wirtz and Ernst, Gale, Bernays, Falk & Eisner, by
Mr. Harold,D. Klipstein, of New York City, for the Company.
Mr. Max J. Popper, of Brooklyn, N. Y., for the Association.
Mr. Martin M. Cooper, of New York City, for the FAECT.
Miss Frances Lopinsky, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon a petition duly filed by Association of Professional Engineer-
ing Employees of Sherman and Associates, herein called the Associa-
tion, alleging that a question affecting' commerce had arisen concerning
the representation of employees of Sherman and Associates, New
York City, herein called the Company, the National Labor Relations
Board provided for an appropriate hearing upon due notice before
Leon Novak, Trial Examiner. Said hearing was held at New York
City, on -May 8, 1944. The Company, the Association, and Inter-
national Federation of Architects, Engineers, Chemists and Techni-
cians, Metropolitan Chapter No. 31, C. I. 0., herein called the
FAECT, 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 an opportunity to file
briefs with the Board.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Preston C. Sherman, doing business in New York City as Sherman
and Associates, is engaged as an engineer consultant in the designing
56 N. L . R. B., No. 260. 1 -
1457
I
1458 i DECISIONS OF NATIONAL LABOR RELATIONS BOARD
of tools, jigs, machines, gauges, and similar items. In its operations,
the Company prepares technical books such as. illustrative instructions
of operation and maintenance and illustrated parts of catalogues. It
also prepares assembly line drawings and various types of illustrations
used for instruction of personnel and to aid in visualization of new
products or tools by engnieers. All of the work of the Company is
performed for other companies engaged in the manufacture of war
material.
The Company admits that it is engaged in' commerce within the
meaning of the National Labor Relations Act.
IT. THE ORGANIZATIONS INVOLVED
1
Association of Professional Engineering Employees of Sherman
and Associates is a labor organization admitting to membership em-
ployees of the Company.
International Federation of Architects, Engineers, Chemists and
Technicians, Metropolitan Chapter No. 31, affiliated with the Congress
of Industrial Organizations, is a labor organization admitting to
membership employees of the Company.
III. THE ALLEGED QUESTION CONCERNING REPRESENTATION; THE ALLEGED
APPROPRIATE UNIT
The Association requests a unit consisting of all checkers in the
Company's illustration department who qualify as professional- en-
gineers,' excluding supervisory employees. The FAECT contends
that the unit, requested is inappropriate because the checkers in the
illustration department are not sufficiently distinguishable from other
categories of employees in that department to warrant their being
represented in a separate unit, and that the checkers are presently
represented by the FAECT which has a contract with the Company
covering all non-supervisory employees in the illustration department 2
The Company takes no position in the matter.
1There are about 220 employees in the Company's illustration depart-,
ment including checkers, isometric draftsmen and leadmen, lay-out,,
1 It is not clear from the record whether the Association seeks a "members only" unit or
whether it seeks to represent checkers whom it would not accept as members. The unit
requested was coextensive with the illustration department , but a witness for the Associa-
tion stated that unorganized checkers in that department would not be taken into mem-
bership if they do not meet the membership requirements of the Association.
3 The Company employs checkers in departments other than the illustration department.
The Association's request for recognition was made prior to the execution of the FAECT's
contract , but subsequent to a consent election whereby the employees of the illustration
department selected the FAECT as their bargaining representative . All but two of the
checkers involved herein were hired by the Company subsequent to the eligibility date of
the consent election . In view of our determination herein, we find it unnecessary to decide
whether or not the consent election bars a present investigation and determination of
representatives.`
SHERMAN AND ASSOCIATES 1459
inking, tracing and shading draftsmen and air -brush operators.
The number of employees composing each category varies with the
needs of the Company.3 Checkers do no creative work but check the
drawings made,by the draftsmen against the blueprints ' from which
the .drawings were made . They are in nowise supervisors of drafts-
men. During periods when there is a dearth of.drawings to be checked,
checkers who can draw are given the work of draftsmen ; those who
cannot are given other work requiring a knowledge of engineering 4
Standards -set for checkers are substantially the same as those set for
isometric draftsmen . These draftsmen are eligible to promotion as
checkers , and they can be transferred to the work of checkers when the
need arises . Both draftsmen and checkers are assigned the duty of
text writing for the illustrated texts prepared by the Company. They
enjoy the same privileges , work under the same working conditions,
have similar rates , of pay 5 and possess similar qualifications. For
these reasons we are of opinion that the checkers in the Company's
illustration department are properly "a part of the bargaining unit
comprising the employees of the entire illustration department and
we find that they do not constitute a separate appropriate unit. We
further find that no question concerning the representation of em-•
ployees of the Company in an appropriate bargaining unit has arisen
within the meaning of Section 9 ( c) of the Act. Accordingly , we shall
dismiss the petition. -
ORDER
Upon the basis of the foregoing findings of fact and the entire
record in-the case, the National Labor Relations Board hereby orders*
that the petition for investigation and certification of representatives
of employees of Sherman and Associates, New York City, filed by
Association of Professional Engineering Employees of Sherman and
Associates, be, and it hereby is, dismissed.
3 When the petition was filed herein , the Company listed approximately 25 checkers on
its pay roll Subsequently , a number of "checkers were discharged owing to the completion
of the first phase of work performed by the Company under a contract with Curtiss -Wright
Corporation Prior to the additional work thus required by the contract , the Company
had on its staff , in the illustration department , only two checkers
'At the time of the hearing , none of the checkers who were employed for work under
the Curtiss-Wright contract was engaged in checking. The Association, according to'one
of its witnesses , would refuse to represent a checker working in another capacity for the.
Company. -
6 As a general rule checkers receive higher wages than draftsmen . , Some draftsmen,
however, are paid at a higher rate than checkers.