The Symington-Gould Corp.

National Labor Relations Board - Board Decisions

Apr 14, 1947

73 N.L.R.B. 371 (N.L.R.B. 1947)

In the Matter of THE SYMIN GTON -GOULD CORPORATION, EMPLOYER and
UNITED STEELWORKERS OF AMERICA , C. I. 0., PETITIONER
Case No. 3-R 1,^ 9.Decided April 14, 1947
Messrs. W. G. Woodams and E. M. Kimbrough, of Rochester, N. Y.,
for the Employer.
Messrs. Edward Janiak and Matthew Armstrong, of Buffalo, N. Y.,
for the Petitioner.
Mr. C. D. Madigan, of Cleveland, Ohio, Mr. Ralph W. Harback, of
Worcester, Mass., and Mr. H. W. Dc Wol f e, of Buffalo, N. Y., for the
Intervenor.
Mr. Irving D. Rosemmnan, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, hearing in this case was held at Buffalo,
New York, on February 24, 1947, before Francis X. Helgesen, 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 OF FACT
I. THE BUSINESS OF THE EMPLOYER
The Symington-Gould Corporation, a Maryland corporation, is
engaged at its plant in Depew, New York, in the manufacture of rail-
road steel castings. During a 12-month period the Employer pur-
chases for use at this plant raw materials exceeding $1,000,000 in
value, of which more than 50 percent represents shipments from points
outside the State of New York. During a similar period the Employer
manufactures at this plant products exceeding $1,000,000 in value,
of which more than 50 percent represents shipments 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.
73N L.R.B,No . 71. 371
372 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
H. THE ORGANIZATIONS INVOLVED
The Petitioner is a labor organization affiliated with the Congress
of Industrial Organizations, claiming to represent employees of the
Employer.
Pattern Makers Association of Buffalo, herein called the Intervenor,
is a labor organization affiliated with Pattern Makers League of North
America, A. F. of L., claiming to represent employees of the Employer.
III. THE QUESTION CONCERNING REPRESENTATION
On December 9, 1946, the Petitioner requested recognition of the
Employer as the exclusive bargaining representative of the pattern
makers and apprentice pattern makers at the Depew plant. The Em-
ployer refused to recognize the Petitioner on the ground of its exist-
ing contract with the Intervenor, whereupon the Petitioner filed its
petition on December 13, 1946. At the hearing the Intervenor, in
effect, requested a determination by the Board as to whether its con-
tract with the Employer is a bar to this proceeding.
As the result of an election held pursuant to a Board Decision and
Direction of Election, the Intervenor was certified on February 19,
1944,2 as the exclusive bargaining representative of all wood and metal
journeymen pattern makers, and apprentice pattern makers at the
Depew plant, excluding supervisory employees, and has since been
in contractual relationship with the Employer concerning these em-
ployees.3 The contract in question was executed on January 10, 1945.
It provides that it "shall continue in effect from year to year, pro-
vided however that either party may terminate by giving at' least
thirty (30) days written notice, prior to [the] expiration date." No
notice to terminate has ever been given by either party and the con-
tract was still in effect at the time of the hearing.
However, as noted above, the Petitioner's claim of representation
was made upon the Employer on December 9, 1946, in advance of the
1946 operative date of the automatic renewal clause of the contract,
and the petition herein was filed 4 days later. Accordingly, the Pe-
titioner has, under well-established principles of the Board, acted
to prevent the existing contract from operating as a bar to a present
' The Intervenor did not explicitly contend that its contract is a bar, but merely urged
the Board to take judicial notice of the date of the filing of the petition and the control-
ling dates of its contract
2 Matter of The Symington-Gould Corporation, 53 N L. R B 552
3 Piior to that date the Petitioner was the bargaining representative for all production
and maintenance employees, inclusive of the pattern makers Theieafter, and as of the
date of the hearing, the Petitioner was the bargaining representative of only the production
and maintenance employees.
THE SYMINGTON-COULD CORPORATION 373
determination of representatives.4 We therefore find that no obstacle
exists to an election at this time.
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 accord with the agreement of the parties, that all wood
and metal journeymen pattern makers and apprentice pattern makers,
at the Depew plant of the Employer, excluding 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; constitute a unit appropriate for the purposes of collective
bargaining within the meaning of Section 9 (b) of the Act .5
DIRECTION OF ELECTION 6
As part of the investigation to ascertain representatives for the pur-
poses of collective bargaining with The Symington-Gould Corpora-
tion, Depew, New York, 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
Director for the Third Region, acting in this matter as agent for the
National Labor Relations Board, and subject to Sections 203.55 and
203.56, of National Labor Relations Board Rules and Regulations-
Series 4, among the 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 including employees in the armed forces
of the United States who present themselves in person at the polls,
but excluding those employees who have since quit or been discharged
for cause and have not been rehired or reinstated prior to the date of
the election, to determine whether they desire to be represented by
United Steelworkers of America, C. I. 0., or by Pattern Makers As-
sociation of Buffalo, affiliated with Pattern Makers League of North
America, A. F. of L., for the purposes of collective bargaining, or by
neither.
MR. JOHN Al. HOUSTON took no part in the consideration of the above
Decision and Direction of Election.
4 Matter of Henry d Allen, Inc, 68 N L R B , 724, and Matter of General Electric X-Ray
Corporation , 67 N L It B 997.
S This unit conforms to the one established by the Board in Matter of The Symington-
Gould Corporation , supra, and is the same one bargained for by the Intervenor.
9 Any participant in the election herein , may upon its prompt request to, and approval
thereof by , the Regional Director , have its name removed from the ballot.