The Fairbanks Co.

National Labor Relations Board - Board Decisions

Mar 18, 1943

48 N.L.R.B. 278 (N.L.R.B. 1943)

In the Matter of TIKE FAIRBANKS COMPANY,and UNITED ELECTRICAL,
RADIO & MACHINE WORKERS OF AMERICA, C. I. O. and MOLDERS AND
FOUNDRY WORKERS UNION, A.7. OF L.
Case No. RE-58.=Decided March 18, 1943
Jurisdiction : valve manufacturing industry. f
Investigation and Certification of Representatives : existence of question : refusal
to accord any organization recognition until certified by the Board ; elections
necessary.
Unit Appropriate for Collective Bargaining : determination of, dependent upon
separate elections among: (1) foundry employees; (2) machine-shop em-
ployees: (3) employees in the shipping and receiving department.
Mr. George L. Hinman, of Binghamton, N. Y., for the Company.
Mr. Sidney H. Greenberg, of Syracuse, N. Y., and Mr. Edward
Landy, of Elmira, N. Y., for-'the U. E.
Mr. C. W. Fairfield, of Elmira, N. Y. for the I. A. M.
Mr. John D. O'Brien, of Watervliet, N. Y., for the Molders. -
Mr. David V. Easton, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
Upon petition duly filed by The Fairbanks Company, Binghamton,
New York, herein called the Company, alleging that a question affect-
ing commerce had arisen concerning the representation of employees
of the Company, the National Labor Relations Board provided for
an appropriate hearing upon due notice before Peter J. Crotty, Trial
Examiner. Said hearing was held at Binghamton, New York, on
February 26, 1943. The Company, United Electrical, Radio & Ma-
chine Workers of America, C. I. 0., herein called the U. E., Interna-
tion a] Association of Machinists, A. F. of L., herein called the I. A. M.,
and International Molders & Foundry Workers Union of North
America, A. F. of L., herein called the Molders, appeared, partici-
48 N. L. R. B., No. 37
278
r
THE FAIRBANKS COMPANY 279
pated, and were afforded full opportunity to be heard, to examine
and cross-examine witnesses, and to introduce evidence bearing upon
the issues. The Trial Examiner's rulings made at the hearing are
free from prejudicial error and are hereby affirmed.
Upon.the entire record in the case, the Board make the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
The Fairbanks Company is engaged in the manufacture of brass and
iron valves, at its plant located at Binghamton, New York. Between
January 1, 1942, and December 31,1942, the Company used at its Bing-
hamton plant raw materials to the approximate value of $703,559, of
which approximately 75 percent represents shipments to the Com-
pany's Binghamton plant from points outside the State of New York.
During the same period the Company manufactured at its Binghamton
plant, finished products to the approximate value of $2,789 ,015, of which
approximately 80 percent represents shipments to points outside the
State of New York. The Company admits that it.is engaged in com-
merce within the meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
United Electrical, Radio & Machine Workers of America is a.labor
organization affiliated with the Congress of Industrial Organizations,
admitting to membership employees of the Company.
International Association of Machinists and International Molders
^C Foundry Workers Union of North America are labor organizations
affiliated with the American Federation of Labor, admitting to mem-
bership employees of the Company.
III. THE QUESTIONS CONCERNING REPRESENTATION
Om February 2, 1943, the Company received a letter from the Mold-
ers and another from the U. E., both claiming to represent certain of
the Company's employees. On February 5, 1943, the Company re-
ceived a letter from the I. A. M. claiming to represent certain em-
ployees of the Company. The Company refuses to recognize any
labor organization unless certified by the Board.
A report of the Field Examiner introduced into evidence at the
bearing indicates that the U. E., the I. A. M., and the Molders, each
280 DECISIONS OF NATIONAL LABOR RELA'rIONS BOARD
represents a substantial number of employees in the units hereinafter
found appropriate?
We find that questions affecting commerce have arisen concerning
the representation of employees of the Company within the meaning g
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT; THE DETERMINATION OF REPRESENTATIVES
The Molders,urges that-all production and maintenance employees
in the foundry of the Company, but excluding supervisory, office, and
clerical employees (including factory clerks), constitute an appropri-
ate unit . The I. A. M. contends that all production and maintenance
employees in the machine shop, excluding supervisory, office, and
clerical employees (including factory clerks), constitute an appropriate
unit. The U. E. urges that all production and maintenance employees
claimed by the Molders and the I. A. M., shipping and receiving depart-
ment employees, and office and clerical workers (including factory
clerks) constitute an appropriate unit. The Company agrees with the
contention of the U. E., but would exclude office and clerical workers
from the appropriate unit.
Evidence was introduced at the hearing which tends to show the
appropriateness of the craft units urged by the Molders and the I. A. M.
On the other hand, evidence showing 'tlie •'integrated• nature of the
Company's operations indicates the propriety of.a single industrial
unit. Furthermore, the Molders and the I. A. M. agreed at the hearing
that, in the event they are chosen the bargaining 'representatives for
their respective groups, they would jointly negotiate with the Com-'
pany. There is no history of collective bargaining at the Company's
plant either on an industrial or a craft basis disclosed by the record.
In this situation, we' shall permit the scope of the bargaining unit or
units 'to be determined in part by the results of separate elections.
The groups that,choose the I. A. M. or the Molders as their bargaining
representatives will constitute separate and distinct appropriate units.
I The Field Examiner reported the representation of the U E , the I A. M and the Molders as follows.
Only apparently genuine original signatures containing names of employees appearing on the Company's
pay roll of February 9, 1943 , are listed.
Foundry Machine Residual Totalshop group
U E ---- 12 49 3 64
I A M -------------- 75 -------------- 75
Molders---------------------------------- 76 -------------- -------------- 76
Forty-two of the signatures of the U E 's cards appear among those submitted by the I A M Fourteen
of the signatures on the U E.'s cards appear on those submitted by the Molders Two signatures appear
among the cards submitted , by all I groups . 'Ten signatures submitted by the U. E. aic not duplicated
elsewhere.
There are 205 employees in the machine shop and 139 employees in the foundry.
THE FAIRBANKS COTAIPANY 281
Those groups choosing the U. E., will, together, constitute a single
appropriate unit.
As noted above, the U. E. would include within its unit office and
clerical employees (including factory clerks). The Company, the
I. A. M., and the Mold(-4s would exclude this group from any unit. We
are of the opinion that their status and function are essentially, dif-
ferent from the status and function of employees who do manual labor,
and our usual practice has been to exclude office and clerical employees
from a unit largely composed of production and maintenance em-
ployees. Since no sufficient reason for their inclusion is disclosed by
the record, Ave shall exclude office andclerical employees (including
factory clerks) fi:om the units hereinafter designated.
- Both the I. A. M. and the Molders would exclude employees of the
shipping and receiving department, whereas the U. E. would include
them. The record discloses that they may well constitute part of a
large unit or a separate and distinct unit. In these.circun-istances, we
are of the, opinion that the employees of the shipping and receiving
department could function either as a separate group or as part of, a
single industrial group.
Upon the basis of the entire record and in accordance with the fore-
going findings of fact, we shall order elections among the employees
of the Company within the groups listed below :
(1) All production and maintenance employees in the foundry,'but
excluding supervisory, office, and clerical employees (including factory
clerks), and all other employees not employed in the foundry, to deter-
fiuine whether they desire to be represented by the Molders, or by the
U. E., for the purposes of collective bargaining, or by neither;
'(2) ' All production and maintenance employees in the machine shop,
but excluding supervisory, office, and clerical employees (incltiiding
factory clerks), and all other employees not employed'in the machine
shop, to determine'whether• they desire to be represented by the
I. A. M., or by the U. E., for the purposes of collective bargaining, or
by neither;
(3) All employees in the shipping and receiving department of the
Company, but excluding factory clerks and supervisory employees, to
determine whether or not they desire to be represented by the U. E.
for the purposes of collective bargaining.
As stated above, there will be no final determination of the
appropriate unit or units pending the results of the elections.
We find that the questions concerning representation which have
arisen can best be resolved by means of elections by secret ballot among
the employees in the groups described hereinabove, who were employed
during the pay-roll period immediately preceding the date of the
Direction of Elections herein, subject to the limitations and additions
set forth in the Direction.
282 DECISIONS OF NATIONAL LABOR 'RELATI'O'NeS BOARD
DIRECTION OYELECTIONS
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 2, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with The Fairbanks
Company, Binghamton , New York, separate elections by secret ballot
shall be conducted as soon as possible, but not later than thirty
(30) day's from the date of this Direction, under the direction and
supervision of the Regional Director for the Third Region, acting in
this matter as agent for the National Labor Relations Board and sub-
ject to Article III, Section 10, of said Rules and Regulations, among
the following groups of employees of the Company, who were em-
ployed 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 including employees in the armed forces of the United States who
present themselves in person at the polls, but excluding those who have
since quit or been discharged for cause
(1) All production and maintenance employees in the machine shop,
excluding supervisory , office, and clerical employees '(including 'fac-
tory clerks ), and all other employees not employed in the machine
shop, to determine whether they desire to be represented by United
Electrical , Radio & Machine Workers of ,. America , affiliated with the
Congress of Industrial Organizations , or by International Association
of Machinists , affiliated with the American Federation of Labor, for
the purposes of collective bargaining, or by neither;
(2) All production and maintenance employees in the foundry, ex-
cluding supervisory , office, and clerical .employees (including factory
clerks), and all other employees not employed in the foundry, to de-
termine whether they desire to be represented by United Electrical,
Radio & Machine Workers of America, affiliated with the Congress of
Industrial Organizations , or by International Molders & Foundry
Workers Union of North America, affiliated with the American Fed-
eration of Labor, for the purposes of collective bargaining, or by
neither ;
(3) All employees of the shipping and receiving department, ex-
eluding factory clerks and supervisory employees , to determine
whether or not they desire to be represented by United Electrical,
Radio & Machine Workers of America, affiliated with the Congress of
Industrial Organizations , for the purposes of collective bargaining.