Columbia Welding Co.

National Labor Relations Board - Board Decisions

Sep 21, 1943

52 N.L.R.B. 771 (N.L.R.B. 1943)

In the Matter of LEO ROBITAILLE, DOING BUSINESS UNDER THE NAME:
AND STYLE OF- COLUMBIA WELDING COMPANY and UNITED BROTHER-
HOOD OF WELDERS, CUTTERS AND HELPERS OF AMERICA, LOCAL # 22
Case No. R-5896.-Decided September 01, 1943
Mr. Samuel Kuperschmid, of New York City, and Messrs. Bert R.
Joel and Frank Hellings of Brooklyn, N. Y., for the Company.
Mr. Henry Mayer by Mr. Howard Feinberg, of New York City,
and Mr. S. T. Gordon, of Brooklyn, N. Y., and Mr. Leo Fischer, of
Elmhurst, L. I., for the Union.
Miss Olive N. Barton, of Counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon an amended petition duly filed by United Brotherhood of
Welders, Cutters and Helpers of America, Local $k 22, unaffiliated,
herein called the Union, alleging that a question affecting commerce
had arisen concerning the representation of employees of Leo Robi-
taille, doing business under the name and style of Columbia Welding
Company, Brooklyn, New York, herein called the Company, the
National Labor Relations Board provided for an appropriate hear-
ing upon due notice before Martin I. Rose, Trial Examiner. Said
hearing was held at New York City on August 20 and 23, 1943. The
Company and the Union appeared, 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 Exam-
iner's rulings made at the hearing are free from prejudicial error
and are hereby affirmed. Opportunity was afforded all parties to.
file briefs with the Board.
Upon the entire record in the case, the Board makes the following
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Leo Robitaille, doing business under the name and style of Columbia.
Welding Company, is a sole proprietor having his principal office anct
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772 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
place of business at Brooklyn, New York. The Company is engaged
as a subcontractor in the business of, welding. The value of raw
materials consisting principally of gasoline, oil, machines, and mis-
cellaneous materials such as welding rods and cables purchased by
the Company during the period from January 1 to June 30, 1943,
amounted to $39,000, of which $28,000 in value was shipped to the
Company from points outside of the State of New York. During the
same period, the Company's business totaled $509,000, of which ap-
proximately 90 percent was welding work performed either by way
of construction or repair of warships or of vessels which carry freight
between United States ports and ports of foreign countries. The
welding was done under contracts with Bethlehem Steel Corporation,
Todd Shipyards Corporation, and Federal Shipbuilding Corporation
at their yards. The company is engaged 100 percent in war work.
The Company concedes that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
United Brotherhood of Welders, Cutters and Helpers of America,
Local #22 is an independent labor organization, admitting to mem-
bership certain employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On or about April 14, 1943, the Union began repeated attempts to
bargain with the Company, which refused to enter into any kind of
agreement and failed to answer a registered letter requesting a
bargaining conference.
A statement of the Regional Director, introduced in evidence at
the hearing, indicates that the Union represents a substantial number
of employees within the unit herein found appropriate.,
'The Regional Director reported that the Union submitted 67 authorization cards, 59
of which were dated between March 20 and April 30, 1943. The record shows that the
Union also submitted to the Trial Examiner 25 authorization cards dated May and July
and August 1943. The 67 cards were compared with 3 pay rolls of the Company dated April
29, May 12, and August 10, 1943, with the following results :
Pay-roll date Number on
Number of
signatures
which arepay roll
names on
pay roll
April 29,1943 ---------------------------------------------------------- 153 59
May 12,1943 ---------------------------------------------------------- 218 43
August 10 , 1943 -------------------------------------------------------- 228 50
The 25 cards were checked against the August 10 pay roll only ; 21 of them bore
apparently genuine original signatures of persons on that pay roll. These added to 29
signatures which the Regional Director found, made a total of 50. The special circum-
stances making the consideration of the 25 additional cards necessary was the rapid
turn-over of employees at the plant.
COLUMBIA WELDING COMPANY 773
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
In substantial agreement with a stipulation of the parties, we find
that all welders, cutters, and helpers of the Company, but excluding
office employees, machinists, shop men who are not welders, cutters
or helpers, fire watchers and all supervisory employees including
snappers, general foremen, supervisors of higher supervisory capac-
ity than general foremen, who have authority to hire, promote, dis-
charge, discipline or otherwise effect changes in the status of em-
ployees or effectively recommend such action, constitute • a unit ap-
propriate for the purposes of collective bargaining within the mean-
ing of Section 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that a question concerning representation which
has arisen be resolved by an election by secret ballot among the
employees 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 additions 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
DmEcTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Leo Robitaille,
doing business under the name and style of Columbia Welding Com-
pany, Brooklyn, New York, an election by secret ballot shall be con-
ducted 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 Second Region, acting in this matter
as agent for the National Labor Relations Board, and subject to
Article III, Sections 10 and 11, of said Rules and Regulations, among
the employees in the unit found appropriate in Section IV, above,
who were employed during the pay-roll period immediately preced-
ing the date of this Direction, including employees who did not work
774 DEC'ISION'S OF NATIONAL LABOR RELATIONS BOARD
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, to determine whether or not they desire to be represented
by United Brotherhood of Welders, Cutters and Helpers of America,
Local #22, for the purposes of collective bargaining.