Art Metal Construction Co.

National Labor Relations Board - Board DecisionsApr 25, 1942

40 N.L.R.B. 842 (N.L.R.B. 1942)

In the Matter Of ART METAL CONSTRUCTION Co. and INTERNATIONAL FEDERATION OF TECHNICAL ENGINEERS , ARCHITECTS AND DRAFTSMEN'S UNIONS, A. F. OF L. Case No. B-3697.-Decided April 25, 1942 Jurisdiction : metal equipment manufacturing industry. Investigation and Certification of Representatives : existence of question : re- fusal to accord petitioner recognition ; election necessary. Unit Appropriate for Collective Bargaining : all draftsmen, designers, research technicians, tool designers, architectural renderers, and other technical em- ployees, including squad bosses engaged exclusively in nonsupervisory work, but excluding squad bosses performing supervisory duties. Mr. Clive L. Wright, of Jamestown, N. Y., for the Company. Mr. J. Lawrence Raimist, of New York City, for the Union. Miss Marcia Hertzmark, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On, February 14, 1942, International Federation of Technical Engineers, Architects and Draftsmen's Unions, A. F. of L., herein called the Union, filed with the Regional Director for the Third Region (Buffalo, New York) a petition alleging that a question affecting commerce had arisen concerning the representation of em- ployees of Art Metal Construction Co., Jamestown, New York, herein called the Company, and requesting an investigation and certification of representatives pursuant to Section 9 (c) of the National Labor Relations- Act, 49 Stat. 449, herein called the Act. On March 23, 1942, the National Labor Relations Board, herein called the Board, acting pursuant to Section 9 (c) of the Act and Article III, Section 3, of National Labor Relations Board Rules and Regulations-Series 2, as amended, ordered an investigation and authorized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice. On March 25, 1942, the Regional Director issued a notice of hear- ing, copies of which were duly served upon the Company and the 40 N. L. R. B., No. 150. 842 ART MIMAL CONSTRUCTION CO. 843 Union. Pursuant to notice, a hearing was held on March 28, 1942, at Jamestown, New York, before Peter J. Crotty, the Trial Examiner duly designated by the Chief Trial Examiner. The Company and the Union were represented and participated in the hearing. Full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues was afforded all parties. During the course of the hearing the Trial Examiner made rulings on motions and on objections to the admission of evidence. The Board has reviewed the rulings of the Trial Examiner and finds that no prejudicial errors were committed. The rulings are hereby affirmed. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Art Metal Construction Co., a Massachusetts corporation, is en- gaged at its Jamestown, New York, plant in the manufacture and sale of metal office, equipment, special bank and library equipment and hollow metal. During the year 1941 the value of raw materials used at this plant was approximately $3,705,000, of which approxi- mately 60 percent represented cost of materials shipped from out- side the State of New York. During the same period the value of the finished products produced at this plant was about $12,000,000. Approximately 85, percent of this amount represented products shipped outside the State of New York. The Company admits that it is engaged in commerce within the meaning of the Act. If. THE ORGANIZATION INVOLVED International Federation of Technical Engineers, Architects and Draftsmen's Unions is a labor organization affiliated with the Ameri- can Federation of Labor. It admits to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION In October 1941 the Union approached the Company with respect to collective bargaining on behalf of certain employees and pre- sented to the Company a proposed contract. Although the Company offered a counterproposal thereafter and met with union representa- tives on various occasions, it desires that the Board determine the appropriate unit for purposes of collective bargaining. A statement of the Regional Director, introduced in evidence at the hearing, indicates that the Union represents a substantial number 844 DECISIONS OF NATIONAL LABOR RELATIONS BOARD of employees of the Company in the unit it alleges to be appropriate., We find that a question has arisen concerning the representation of employees of the Company. IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON COMMERCE We find that the question concerning representation which has arisen, occurring in connection with the operations of the Company described in Section I, above, has a close, intimate, and substantial relation to trade, traffic, and commerce among the several States and tends to lead to labor disputes burdening and obstructing com- merce and the free flow of commerce. V. THE APPROPRIATE UNIT The parties stipulated at the hearing that draftsmen, designers, research technicians, tool designers, architectural renderers, and all other technical employees 2 should be included in the unit. However, they disagree as to the inclusion of squad or group leaders or bosses, whom the Union wishes to include and the Company desires to exclude. The Company's Engineering Department, which is under the super- vision of the Chief Engineer, is divided into seven Divisions, each of which is supervised by a "squad boss." Four of the seven employees in question spend all their time in supervision; one normally spends about 95 percent of his time in supervision but because of present "ab- normal conditions" is doing research work; and two others are the only employees in their respective divisions, due to lack of work for these divisions, and are engaged almost entirely in non-supervisory work. The Union, although admitting the supervisory nature of the work done by squad bosses, contends that their duties are not in an "executive capacity," that they are merely strawbosses, and that the technical nature of the unit involved requires their inclusion therein. Although the duties of squad bosses are not clearly defined in the record, it appears generally that they assign work, give employees any necessary information or data concerning the work, and are consulted with regard to problems which arise in its execution. They do not have authority to hire or discharge but may recommend hiring 'The Union submitted to the Regional Director 31 application cards , all containing apparently genuine, original signatures , and 24 of which contained names appearing on a list of employees submitted by the Company . There are approximately 45 to 50 employees in the unit alleged by the Union to be appropriate 2 It appears from the record that most but not all of the employees contemplated by the stipulation are employed in the Engineering Department The parties agreed that two "detailers" who are employed in other departments should be included in the unit. ART METAL COnSTRUCTION CO. 845 or discharge. They are occasionally called into 'conferences with officers of the Company at -which questions of Company policy con- cerning the handling of work are discussed. We find that the squad bosses who are actually performing super- visory functions should be excluded from the unit because of the nature of their work, but that those who are engaged exclusively in non-supervisory work should be included, since their positions are no different from those of other technical employees. We find that all draftsmen, designers, research technicians, tool designers, architectural renderers, and other technical employees of the Company, including squad bosses engaged exclusively in non- supervisory ' work, but excluding squad bosses performing supervisory duties, constitute a unit appropriate for the purposes of collective bargaining , and that said unit will insure to employees of the'Com. pany the full benefit of their right to self-organization and to col- lective bargaining and otherwise Will effectuate the policies of the Act. VT. THE DETERMINATION OF REPRESENTATIVES We find that the question concerning representation which has arisen can best be resolved by an election by,secret ballot. We shall follow our usual procedure and direct that persons eligible to par- ticipate in the election shall be the employees in the appropriate unit who were employed by the Company during the pay-roll period next preceding the date of the Direction of Election, subject to the limitations and additions set-forth therein. Upon the basis of the above findings of fact and upon the entire record in the case, the Board makes the following: CONCLUSIONS OF LAW 1. A question affecting commerce has arisen concerning the repre- sentation of employees of Art Metal Construction Co., Jamestown, New York, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. - 2, All draftsmen, designers, research technicians, tool designers, architectural renderers, and other technical employees of the Com- pan}-, including squad bosses engaged exclusively in non-supervisory work, but excluding squad bosses performing supervisory duties, con- stitute a unit appropriate for the purposes of collective bargaining, within the meaning of Section 9 (b) of the National Labor Relations Act. DIRECTION OF ELECTION By virtue of and pursuant to the power vested in the National Labor Relations Board by Section 0 (c) of the National Labor Re- 846 DECISIONS OF NATIONAL LABOR RELATIONS BOARD lations Act, and ' pursuant to Article III, Section 8, of National Labor Relations Board Rules and Regulations-Series 2, as amended, it is hereby DIRECTED that, as part of the investigation ordered by the Board to ascertain representatives for the purposes of collective bargaining with Art Metal Construction Co., Jamestown, New York, an elec- tion by secret ballot shall be conducted as early as possible, but snot 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 Rela- tions Board and subject to Article, III, Section 9, of-said Rules and Regulations, among all draftsmen, tool designers, architectural rend- erers, and other technical employees, who were employed at the Com- pany's Jamestown, New York, plant during the pay-roll period next preceding the date of this Direction, including squad bosses engaged exclusively in non-supervisory work, and any such employees who did not work during said pay-roll period because they were ill or on vacation or in the active military service or training of the United States, or temporarily laid off, but excluding squad bosses perform- ing supervisory duties and employees who have since quit or been discharged for cause, to determine whether or not they desire to be represented by International Federation of Technical Engineers, Architects and Draftsmen's Unions, A. F. of L., for the purposes of collective bargaining.