Standard Pattern Works

National Labor Relations Board - Board Decisions

Jan 23, 1943

46 N.L.R.B. 1353 (N.L.R.B. 1943)

In the Matter of L. K. HESS, TRADING AND DOING BUSINESS AS STANDARD
PAITERNWbRKS and PATTERN MAKERS LEAGUE OF NORTH AMERICA,
AFL- •
Case No. R-4684.-Decided January 23, 1943
Jurisdiction : pattern,making industry.
Investigation and Certification of Representatives : existence of, question : re-
fusal to bargain without Board certification ; election necessary
Unit Appropriate for Collective Bargaining : all pattern makers, pattern makers'
apprentices and assistants, to pattern makers.
Rice and Hannis, by 1M1r. Lacy I. Rice, and Mr. Herbert E. Hannis,
of Martinsburg, W. Va., for the Company.
Mr. C. D. Madigan, of Cleveland, Ohio, and Mr. Paul A. Gareis,
of Pittsburgh, Pa., for the Union.
Mr. Robert Silagi, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon the petition and amended petition duly filed by Pattern Mak-
ers League of North America, AFL, herein called the Union, alleging
that a question -affecting commerce had- arisen-concerning-the repre-
sentation of employees- of L. K. "Hess;` trading and,doing business
as Standard Pattern Works, Waynesboro, Pennsylvania, herein called
the Company, the National Labor Relations Board provided for an
appropriate hearing upon due notice before W. G. Stuart Sherman,
Trial Examiner. Said hearing was held at Chambersburg, Penn-
sylvania, on December 22, 1942. The Company and the Union ap-
peared, 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 prejudicial, error and are hereby affirmed.
46 N. L R. B., No. 169.
1353
1354 DECISIONS OF NATIONAL LABOR RELATIONS BOARD,
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY -
V, Standard Pattern 'Works is the trade name of an unincorporated
concern owned' and operated by L. K . Hess, and has its principal
office and plant,in Waynesboro , Pennsylvania . ; L. K. Hess is also the
owner of a planing mill , and a retail lumber, paint , and glass busi
ness. All these enterprises are housed in the same building and are
conducted as a single unit. The Company manufactures wood pat-
terns which are supplied to tool , and machine manufacturers who
use them to make metal castings which are incorporated into ma-
chines and" shipped throughout the country. The patterns pres-
ently manufactured ' are used almost - exclusively in war production.
During the first half of the year 1942 ,' the Company bought= raw
materials for its pattern department ' valued at $4,300, approximately,.
95 percent of which was shipped to its plant from poin`ts' outside
the State of Pennsylvania . For the period from January 1, 1942,
to December 20, 1942, the Company - manufactured and sold patterns
valued at $64 ,000, of which $1,000 worth was sold and delivered to
purchasers outside the State of Pennsylvania . During the first 6
months , of 1942 the Company purchased $50,000 worth of lumber,
which was shipped to its plant from; points outside the State of
Pennsylvania , for use in its planing mill and retail lumber business.
any all the paints bought by the Company were purchased . within
the State Of Pennsylvania .-, During , the latter part of 1942 the Com-,
p,any .-sold and delivered , lumber, mill work, and paints valued in
.excess of $61;000 to , the United States Army, at Camp Ritchie ; in
the ,State of Maryland. - -
Upon these facts. we find that the Company ' is engaged in ' com-
merce within , the meaning of the National Labor Relations Act., .
Pattern -Makers ,League'of North'Ainerica is a labor organization
affiliated 'with' the American Federation of Labor, admitting to nier"n-_
bership' employees of 'the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company refuses to recognize the Union as the exclusive
bargaining representative of its employees until certified by the
Board.. ,
H. THE ORGANIZATION INVOLVED
L. K. HESS " 1355
A'report 'of the Regional Director, introduced in' evidence at 'the
hearing, indicates that the Union 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 mean-
ing of Section 9 (c) and Section 2 (6) and,(7) of the•Act."
IV. THE APPROPRIATE UNIT
The Company wants all the employees in its plant included in the
unit, whereas the Union seeks a unit coextensive with its jilrisdic-
tion, namely, pattern, makers and pattern makers' apprentices. The
Union ;also desires the inclusion -of three assistants Iwho help' the
pattern makers but who are not apprentices. The record discloses
that apprentices and assistants do substantially identical tasks and
have about the, same, opportunities for learning the trade of pattern
making. We shall therefore include-them in the unit of pattern mak-
ers, i craft unit we have often found appropriate.? The rest of
the employees are not pattern makers and so far as the record,shows,
have', designated no organization to represent them.
We find that all pattern makers, pattern makers' apprentices and
assistants to the pattern makers of the Company, but excluding,
supervisors, constitute a unit appropriate 'for the purposes of col-
lective 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 addition's 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 Rela-
tions Act, and pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 2, as amended, it is
hereby -
1 The Union submitted 15 application cards dated July and August 1942. All the cards
bore apparently genuine signatures Fourteen of'the 15 signatures on the cards are the
name, of p-i'ons listed on the Company', ply roll of October 20, 1942• on which these are
22 employees in the unit alleged bI the Union to be appropuate
2 See Matter of Bethlehem Steel Company ( Shepbusldvng Davnston ) and Pattern 'Meters
League of North America, New York Association, 40 N. L. R. B 922.
1356 DECISIONS OF NATIONAL 'LABOR RELATIONS BOARD
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with L. K. Hess, trad-'
ing and doing business as Standard Pattern Works , Waynesboro,
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 Di-
rector for the Sixth Region, acting in this matter as agent for the
National Labor Relations Board, and subject to Article III, Section
10, of said Rules and Regulations , among all employees in the unit
found appropriate in Section IV, above, who were employed during.
the pay-roll period immediately preceding 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 in-
cluding employees in the armed forces of the United States who
present themselves in person at the,.polls, but excluding those employ-
ees who have since quit or been discharged for cause , to determine
whether or not they desire to • be' represented by' Pattern Makers
League of North America, AFL, for the purposes of 'collective bar-
gaining.
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