Birdsboro Steel Foundry & Machine Co.

National Labor Relations Board - Board Decisions

May 27, 1941

32 N.L.R.B. 107 (N.L.R.B. 1941)

In the Matter of BIRDSBORO, STEEL FOUNDRY & MACHINE Co.' and S'rEEL
WORKERS ORGANIZING COMMITTEE, C. I. O.
Case No. R-2513.-Decided May 27, 1941
Jurisdiction : machinery and casting manufacturing industry.
Investigation and Certification of Representatives : existence of question : stipu-
lated ; election necessary.
Unit Appropriate for Collective Bargaining : election ordered to determine
whether employees desire a single unit comprising two plants or two units,
one for each plant.
Mr. Charles A. Wolfe, of Philadelphia, Pa., for the Company.
Mr. Darlington Hoopes, of Reading, Pa., for the S. W. O. C.
Mr. Henry M. Koch, of Reading Pa., for the Association.
Mr. Frederic B. Parkes, 2nd, of counsel to the Board,
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
On April 21, 1941, Steel Workers Organizing Committee, C. I. O.
herein called the S. W. O. C., filed with the Regional Director for
the Fourth Region (Philadelphia, Pennsylvania) a petition alleging
that a question affecting commerce had arisen concerning the repre-
sentation of employees of Birdsboro Steel Foundry & Machine Com-
pany, Birdsboro, Pennsylvania, herein called the Company, and re-
questing an investigation and certification of representatives pur-
suant to Section 9 (c) of the National Labor Relations Act, 49 Stat.
449, herein called the Act. On April 23, 1941, 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 Rela-
tions 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 April 23, 1941, the Regional Director issued a notice of hearing,
copies of which were duly served upon the Company, the S. W. O. C.,
and Birdsboro Steel Foundry & Machine Company Employee and
Beneficial Association, herein called the Association, a labor organiza-
32 N L. R B, No. 20.
107
108 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
tion claiming to represent employees directly affected by the investiga-
tion. Pursuant to notice, a hearing was held on April 28 and 29, 1941,
at Reading, Pennsylvania, before Jerome I. Macht, the Trial Ex-
aminer duly designated by the Chief Trial Examiner. The Company,
the S. W. O. C., and the Association were represented by counsel 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 various rulings on motions and on objec-
tions 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. On May 9, 1941, the
Company and the Association filed briefs which the Board has
considered.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Birdsboro Steel Foundry & Machine Company, a Pennsylvania cor-
poration, operates two plants, one at Birdsboro, Pennsylvania, and the
other at Reading, Pennsylvania, where it is engaged in the manu-
facture, sale, and distribution of hydraulic machinery, rolling mill
machinery, iron and steel castings, and rolls with the exception of the
machining of the castings. The two plants are approximately 10
miles apart. The principal raw materials used by the Company in-
clude pig iron, iron ore, sand, brick, lumber, manganese, chrome, and
scrap iron. During the past year, the Company purchased for use
at its two plants raw materials valued in excess of $1,000,000, of
which approximately 75 per cent were purchased and shipped from
points outside the State of Pennsylvania. During the same period,
the Company manufactured and sold products valued in excess of
$1,000,000, of which approximately 60 per cent were sold and shipped
to points outside the State of Pennsylvania. The Company employs
approximately 1300 employees, of whom 1000-1100 are at the Birds-
boro plant and approximately 200 are at the 'Reading plant.
H. THE ORGANIZATIONS INVOLVED
Steel Workers Organizing Committee is It, labor - organization
affiliated with the Congress of Industrial Organizations, admitting
employees of the Company to membership.
Birdsboro Steel Foundry & Machine Company Employee- and Bene-
ficial Association is an unaffiliated labor organization, admitting em-
ployees of the Company to membership.
BIRDSBORO STEEL FOUNDRY & MACHINE CO. 109
III. THE QUESTION CONCERNING REPRESENTATION
The parties stipulated that the S. W. 0. C. and the Association each
requested the Company to recognize it as the exclusive bargaining
agency for certain of the Company's employees. The Company refused
to grant such recognition until either the S. W. 0. C. or the Association
was certified by the Board. The parties further stipulated that both
the S. W. 0. C. and the Association represent a substantial number
of the Company's employees.
IF. THE EFFECT OF THE! QUESTION CONCERNING REPRESENTATION UPON
COMMERCE
We find that' the questions 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 re-
lation to trade, traffic, and commerce among the several States and
tends to lead to labor disputes burdening and obstructing commerce
and the free flow of commerce.
V..THE APPROPRIATE UNIT
The S. W. 0. C. contends that the unit appropriate for collective
bargaining purposes embraces all production and maintenance em-
ployees of the Company's Birdsboro plant, with the exception of watch-
men, special apprentices, photographers, draftsmen, laboratory em-
ployees, office janitors, office and clerical help, timekeepers, storeroom
employees, truck drivers, and all supervisory employees, foremen,
assistant foremen, day pushers, night pushers, and the master mechanic.
The Company, claims that all hourly paid employees at both the
Birdsboro and Reading plants, with the exception of supervisory em-
ployees, comprise a single unit appropriate for collective bargaining.
The Association contends that the appropriate unit consists of all
hourly paid and weekly paid employees of the Company at its two
plants, with the exception of supervisory employees and monthly paid
employees.
As indicated in Section I, the Company operates two plants, one at
Birdsboro and the other at Reading, Pennsylvania. The -Birdsboro
plant is engaged in designing and building hydraulic machinery,
rolling mill equipment, and general machinery and in the manufacture
of steel castings for railroads and the general trade. The Reading
plant is engaged in the manufacture of grinding machinery and iron
castings, and in the finishing of castings made at the Birdsboro
plant. In general, steel castings are made at Birdsboro and iron
castings at Reading, although some iron work is done in the rolling
mill at Birdsboro.
110 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The operations of the two plants are integrated to a considerable
degree. Products sold by the Company are not necessarily completed
in the plant where their manufacture commenced. Machines and
other products involving both steel and iron parts require the opera-
tions of both plants for their completion. Furthermore, products
manufactured at one plant are sometimes sent to the other to be
finished for delivery to the customer.
There is a considerable amount of interchange of employees
between the two plants. Employees are shifted from one plant to the
other when the pressure of work requires more men or when certain
especially skilled workers are needed at one plant., The main office
for the two plants is at Birdsboro, where the accounts, records, and
pay roll are kept. There is one central management covering both
plants. The supervisory officials divide their time between the
Reading and Birdsboro plants.
The S. W. 0. C. commenced its organizational activities at the
Birdsboro plant in February 1941. It has not attempted to organize
the Reading employees, although it has admitted to membership a
few Reading workers who of their own initiative specifically sought
to become members. The Association, on the other hand, has
extended its organization activities to both the Reading and Birds-
boro plants. At the hearing an organizer for the S. W. 0. C.
testified that the S. W. 0. C. had 528 members among the employees
at the Birdsboro plant, and counsel for the Association made an offer
of proof to show a total of 780 members in the Association.
From the foregoing it appears that the two plants night properly
be considered either as two separate bargaining units or as a single
unit. Under the circumstances we shall be guided by the desires
of the employees themselves. Since the record does not disclose
the employees' wishes, elections are necessary to make this deter-
mination. We shall therefore direct that a separate election be held
among the employees at each plant to determine whether they desire
to be represented for purposes of collective bargaining by the
S. W. 0. C. or by the Association or by neither., If either the
Association or the S. W. 0. C. receives a majority of the votes cast
by the employees of each plant, both plants will constitute a single
appropriate unit. If the S. W. 0. C. receives a majority of the
votes cast by employees in the Birdsboro plant, it will constitute a
separate appropriate unit.
' See Matter of Allied Laboratories Inc (Pitman -Moore Division ) and Indianapolis
Specialty Union # 465, affiliated with the International Printing Pressmen and Assistants'
Union affiliated with AFL, 23 N. L. R B. 184; Matter of First National Stoics, Inc.
Providence Division and Industrial Union and Mercantile Beneficial Association of Provi-
dence, R I., 26 N . L. R. B. 1275.
BIRDSBORO STEEL FOUNDRY & MACHINE CO. 111
There remains for consideration the question of whether certain
specific groups of employees should be included in the unit or units.
The controversy between the parties involves the following employees
whom the Association and the Company would include, and the
S. W. O. C. would exclude on the ground that they are not produc-
tion or maintenance workers :
(1) Watchmen perform the customary duties of such employees.
We shall exclude them from the voting units.2
(2) Special apprentices are recent college graduates, learning the
business by working in the various departments of the Birdsboro
plant in preparation for positions as salesmen and superintendents.
We shall exclude them from the voting unit.
(3) Photographers: One photographer takes pictures of machinery
manufactured in the two plants for the use of the Company' s sales
promotion department. The other is a "gammarey photographer,"
taking X-ray pictures of castings to detect defects. Both are sal-
aried employees. We shall exclude them from the voting units.
(4) Draftsmen make drawings of the machines ordered by cus-
tomers; and when their designs are approved by the customers, the
machines are built according to the draftsmen's specifications. We
shall exclude them from the voting units.3
(5) Laboratory employees are test chemists and not research
workers. They analyze the metals used in the production of iron
and steel and make an analysis of the metal before it is poured or
cast. No metal is poured without the authorization of a chemist.
We shall exclude them froln the voting units.'
(6) Office janitors perform the customary duties of such employees.
We shall exclude them from the voting units.6
(7) Office workers are engaged in keeping the office records,
accounts, and pay rolls and in other duties usually performed by
such employees. We shall exclude them from the voting units 6
' See Matter of Lincoln Engineering Company and Tool & Die Makers Lodge 688 of
the International Association, of Machinists, Distract No. 9, 25 N L R B 930; Matte
of 77ia Electric Auto- Trite Conipany ( itncl. eae Kuinpe • Division) and United Automobile
Workers of America, Local X02, offiliated with C I 0 , 25 N . L R B 1296
' See Matter of Alabama By-Products Coi p and Dtsti ict 50, United Mine Workers of
America , 13 N. L It B , 427
4See Matter of Alabama By-Products Crop and Di , tiict .0, United Mine Workers of
America, 13 N I , R B. 427.
5 See Matter of Armour and Company of Delaware and Federal Local Union No 21088
of the American Federation of Labor, 26 N L R B. 1040
See Matter of The Electric Auto-Lite Company ( Buoleye Bumper Division) and United
21 utomobile 11'orl ei s o f Amer ica, Local 40?, affiliated with C I 0 , 25 N. L R B 1290 p
Matter of Roberts Brothers , Inc. and Furniture Workers Union , Local No . 1561, 8 N L.
R B 925.
112 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
(8) Clerical employees, including timekeepers collect time cards
at both plants which they file with the chief timekeeper. We' shall
exclude them from the voting units.7
(9) Storeroom employees: There are four such employees at the
Birdsboro plant; none has supervisory powers'except the head of the
department. These employees give out parts and supplies requested
by the workmen. In our opinion these employees are in such close
contact with the production and maintenance workers that they should
be included in the voting unit. We shall include the three storeroom
employees who do not have supervisory powers but shall exclude the
head of the department.8
(10) Truck drivers. The drivers and their helpers take raw mate-
rials and castings and parts of machines from one plant to the other.
Occasionally they deliver the finished products to the customers. We
shall exclude them from the voting units.
The Company, the Association, and the S. W. O. C. request the
exclusion of supervisory employees and foremen from the unit. 'The
S. W. OX. asks for the exclusion of the master mechanic.' Since -he
is monthly paid, he would also be excluded by the Company and the
Association. We shall accordingly exclude supervisory' employees,
foremen, and the master mechanic from the voting units. However,
as to the exclusion of assistant foremen, the parties are in disabree-
ment. The S. W. O. C. would exclude them; the Company and the
Association would include them, asserting that assistant foremen have
no supervisory powers and merely carry out the instructions of the
foremen. We shall exclude them from the voting units 9
VI. THE DETERMINATION OF REPRESENTATIVES
We find that the question concerning representation which has
arisen can best be resolved by, and we shall accordingly direct, elec-
tions by secret ballot. We shall direct that the employees of the Com-
pany eligible to vote in the elections shall be those employees who were
employed during the pay-roll period immediately preceding the date
7 See Matter of The Electric Auto-Lite Company ( Buckeye Bumper Division) . and
United Automobile Workers of America, Local 402, affiliated with C. I. 0., 25 N. L
R B 1296; Matter of The Stolle Coiporalvon and Metal Polishers, Bufpeic, Platers and
Helpers International Union, 13 N. L R B 370
8 See Matter of Birmingham Tank Company, Division of The Ingalls Iron Works Com-
pany, Inc. and International Association of Bridge , Structural and Ornamental Iron
117orkers, Shopmen's Local #539, 25 N L R. B 1306; Matter of Armour and Company of
Delaware and Federal Local Union No 21088 of the American Federation of Labor, 26.N. L.
R. B 1046.
9 See Matter of Willys Overland Motors, 7nc and International Union, United Auto-
mobile Workers of America, Local No. 12, 9 N. L. R. B. 924. The S . W. O. C. also desired
the exclusion of day pushers and night pushers . Since there is no evidence that there
are any employees in this category , we shall not pass upon their status.
BIRDSBORO STEEL FOUNDRY & MACHINE CO. ; 113
of the Direction of Elections herein, subject to such limitations and
additions as are set forth in the Direction.
Upon the basis of the above findings 'of fact and upon the entire
record in the case, the Board makes the following :
CONCLUSION OF LAW
A question affecting commerce has arisen concerning the represen-
tation of employees of Birdsboro Steel Foundry & Machine Company,
Birdsboro, Pennsylvania, within the meaning of Section 9 (c) and
Section 2 (6) and (7) of the Act.
DIRECTION OF ELECTIONS
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 8, of National Labor
Relations Board Rules and Regulations-Series 2, as amended, it is
hereby
,,DIRECTED that, as part of the investigation authorized by the Board
to ascertain representatives for the purposes of collective bargaining
with Birdsboro Steel Foundry & Machine Company, Birdsboro, Penn-
sylvania, elections 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 Direc-
tor for the Fourth' Region, acting in this matter as agent for the
National Labor Relations Board and subject to Article III, Section
9, of said, Rules and Regulations, among all production and main-
tenance employees in' each of the two groups described below, who
were employed during the pay-roll period immediately preceding
the date of this Direction, including storeroom employees and employ-
ees who did not work during such 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 watchmen, spe-
cial apprentices, photographers, draftsmen, laboratory employees,
office janitors, office workers, clerical employees, timekeepers, truck
drivers and helpers, and all supervisory employees, foremen, assist-
ant foremen, the master mechanic, and employees who have since quit
or been discharged for cause :
(1) Among all production and maintenance employees in the Birds-
boro plant to determine whether they desire to be represented for
the purpose of collective bargaining by Steel Workers Organizing
Committee, affiliated with the Congress of Industrial Organizations,
or by Birdsboro Steel Foundry & Machine Company Employee and
Beneficial Association, or by neither;
114 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
(2) Among all production and maintenance employees in the Read-
ing plant to determine whether they desire to be represented for the
purpose of collective bargaining by Steel Workers Organizing Com-
mittee, affiliated with the Congress of Industrial Organizations, or by
Birdsboro Steel Foundry & Machine Company Employee and Bene-
ficial Association, or by neither.
MR. EDWIN S. SMITH , dissenting :
I dissent from the decision of the majority.
For the reasons stated in my dissenting opinion in the Allis-
Chalmers 10 and subsequent cases and in Matter of Allied Laboratories,
Inc. (Pitman-Moore Division) and Indianapolis Specialty Union
#465, affiliated with the International Printing Pressmen and Assist-
ants' Union affiliated with J. F. of L.,1'1, I would find a single unit
composed of the production and maintenance workers in both the
Reading and Birdsboro plants to be appropriate for purposes of col-
lective bargaining.
I dissent also from that portion of the decision ' which includes
storeroom employees in the voting units. The work of the store-
room employees places them on the fringe of the functions of employ-
ees admittedly in the units. Following the usual precedent of the
Board in excluding fringe groups at the request of one of the labor
organizations involved, I would exclude storeroom employees from
the voting units.12
10Matter of Allis-Chalmers Manufacturing Company and International Union, United
Automobile Workers of America, Local 248, 4 N L. R B. 159.
1123 N L R B 184
12 Cf my concurrence in Matter of Union Switch and Signal Company and United
Electrical, 'Radio and Machine Workers of America, Local 610 . 30 N. L R B 922, and cases
cited therein.