Enterprise Engine and Foundry Co.Download PDFNational Labor Relations Board - Board DecisionsFeb 13, 194238 N.L.R.B. 1202 (N.L.R.B. 1942) Copy Citation In the Matter of ENTERPRISE ENGINE AND FOUNDRY Co. and INTER- NATIONAL FEDERATION OF TECHNICAL ENGINEERS', ARCHITECTS' AND DRAFTSMEN 'S UNION, LOCAL 89, AFL Case No. R-3455.Decided February 13, 194:2 Jurisdiction : diesel engine and oil burner manufacturing industry. Investigation and Certification of Representatives : existence of question: re- fusal to accord union recognition until certified by the Board ; election necessary. Unit Appropriate for Collective Bargaining : all senior and junior draftsmen, apprentices, blueprint men, tracers, reproduction operators, tool draftsmen, and all employees listed as "Design and Drafting Section Heads" and "Section Heads-Reproduction, Photography and Printing", but excluding the assistant chief engineer, clerical employees and those listed as "Engineering Section Heads". Chickening cf Gregory, by Mr. Stephen R. Duhring and Mr. J. P. Coghlan, Jr., both of San Francisco, Calif., for the Company. Mr. Jonathan H. Rowell, of San Francisco, Calif., for the International. Mr. George H. Gentithes, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On October 17, 1941, International Federation of Technical En- gineers', Architects', and Draftsmen's Union, A. F. of L., hereinafter called the International, filed with the Regional Director for the Twentieth Region (San Francisco, California) a petition alleging that a question affecting commerce had arisen concerning the rep- resentation of employees of Enterprise Engine and Foundry Com- pany, San Francisco, California, 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 December 8, 1941, the National Labor Relations Board, herein called the Board, acting pursuant to Section 38 N. L. R. B., No. 215. 1202 ENTERPRISE ENGINE ' AND FOUNDRY CO. 1203 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 December 30, 1941, the Regional Director issued a notice of hearing, copies of which were duly served upon the Company and the International. Pursuant to notice, a hearing was held on January 13, 1942, at San Francisco, California, before Robert L. Condon, the Trial Examiner duly designated by the Chief Trial Examiner. At..the hearing the Company and the International appeared and 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 several rulings on motions ' and on objections to the admission of evidence. The Board has reviewed the rulings of the Trial Ex- aminer 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 Enterprise Engine and Foundry Company is a California cor- poration engaged in the manufacture of Diesel engines and Diesel engine units, oil burners, and process machinery, and operates a general foundry business. It owns and operates three plants in Cali- fornia but only the San Francisco plant is concerned in this pro- ceeding. In 1940 the Company purchased approximately $100,000 worth of scrap iron, steel, and other materials which was a sub- stantial portion of the entire raw material used by the Company at the San Francisco plant during that period. The value of the manu- factured products it shipped outside the State of California was in excess of $100,000 in 1940, which figure represents a substantial pro- portion of the entire value of the finished products sold by the Com- pany from this plant. The Company admits that it is engaged in commerce within the meaning of the Act. II. THE ORGANIZATION INVOLVED International Federation of Technical Engineers', Architects' and Draftsmen's Union, Local 89, is a labor union affiliated with the American Federation of Labor, admitting to membership employees of the Company. 1204 . s' DECISIONS OF NATIONAL LABOR RELATIONS BOARD III. THE QUESTION CONCERNING REPRESENTATION The Company refused to bargain collectively with the Union until it be certified by the Board as the statutory representative. A statement of the Field Examiner introduced in evidence at the hearing shows that the International represents a substantial number of employees in the alleged appropriate unit.' , . We find that a question- has arisen concerning the representation of employees of the Company. IT., 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 commerce and the free flow of commerce. V. THE APPROPRIATE UNIT The International and the Company agreed that the appropriate unit should include all senior and,junior draftsmen, apprentices, blue- print men, tracers, and reproduction operators in the engineering department of the San Francisco plant. They further agreed to the exclusion, of the three 'clerical employees of the department and of R. Hundley, and T. White, -assistant chief engineer and engineering section head, respectively. The Company seeks the exclusion of tool draftsmen and all employees listed-as "Engineering Section Heads," "Design and Drafting Section Heads," and "Section 'Heads-Re- production, Photography and Printing." The first of the disputed occupations, the tool draftsmen, are not on the pay roll of the engineering department, but rather are classi- fied as production employees. They presently work in the office directly adjacent to the production, office and the machine shop executes the drafts which they design. The-tool draftsmen employ working procedures similar to those used by draftsmen in 'the engi- neering department. For a considerable length of time, they per- formed their drafting and designing duties within the physical boundaries of the engineering department and were supervised by 'The Field Examiner's statement shows that 19 authorization cards were submitted, dated between September 15 and November 18, 1941, all signatures thereon appearing genuine. Of the 19 signatures , 16 are names appearing on the Company 's pay roll for the period ending November 30, 1941. The total number of persons appearing on the Com- pany's pay roll in the alleged , appropriate mnit for the period endmg` November 30, 1941, was 44. ENTERPRISE ENGINE ; .AND FOUNDRY CO. 1205 officials of that department. The Company contends that these two employees should be a part of the machinists' bargaining unit which is presently covered by contract with the International Association of.-Machinists.' However, that contract does not 'include 'them, nor does the `International Association of Machinists appear to claim them. We shall' therefore include them in the` unit found herein'to be appropriate for collective bargaining purposes. - ' .The, five employees who along with T. White comprise the "Engi- neering Section Heads" group, have substantially equal authority with T.' White to' recommend hiring and discharging. Nothing has been -adduced at the hearing which' palpably distinguishes the powers granted to -and 'exercised by T. White from those of the other five. Finally, they exercise identical supervision over the other "Section Heads" and employees subordinate to such "Section Heads." Under the circumstances therefore, we are of the,opinion that their exclusion from the unit' is proper. ' Those listed as, "Design and Drafting Section Heads," and "Sec- tion- Heads-Reproduction,' Photography 'and Printing" are in a real sense subordinates 'of- the Engineering Section Heads, standing in the relationship of assistants to them. 'General lay-out and drafts-' manship work is relegated to them and assistants are assigned to them, by their superiors. Their work seems to be coordinate in nature with those a'ssigned' to} help them so that their authority is limited to technical supervision: We are thus led to the conclusion that these, two groups should be included in the unit. . We'therefore find that all senior 'and junior draftsmen, apprentices, blu print men, tracers, reproduction operators, tool draftsmen, and all 'employees listed as "Design and Drafting Section Heads" and "Section Heads-Reproduction, Photography and Printing" but .ex- eluding R. Hundley, assistant chief engineer, clerical employees and those listed as "Engineering Section Heads," constitute a unit appro- priate, for the purposes of collective bargaining. We further find that 'siich unit will insure to employees of the Company the full bane- fit of their right to self-organization and to collective bargaining and otherwise will effectuate the, policies of the Act. VI. THb DETERMINATION ' OF REPRESENTATIVES, .We .find that the question concerning representation which has arisen can , bestbe'resolved by the holding.of an election by secret ballot. We shall direct that all employees in the appropriate unit who were employed during the pay-roll period immediately, preced- ing the,date of,the.Direction of Election herein,, subject to the,limita- tions and additions, set forth in, the Direction, shall be eligible to, vote. Upon the basis of the above findings :of fact and upon, the entire record in the case, the Board makes the following : 1206 DECISIONS OF NATIONAL LABOR RELATIONS BOARD CONCLUSIONS OF LAW 1. A question affecting commerce has arisen concerning the repre- sentation.of employees of Enterprise Engine and Foundry Company, San Francisco, California, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 2. All senior and junior draftsmen, apprentices, blueprint men, tracers, reproduction operators, tool draftsmen, and all employees listed as "Design and Drafting Section Heads," and "Section Heads- Reproduction, Photography and Printing" but excluding R. Hundley; assistant chief engineer , clerical employees, and those listed as "En- gineering Section. Heads," constitute a unit appropriate for the pur- poses of collective bargaining within the meaning- of Section 9 (c) 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 9 (c) of the National Labor Rela- tions Act, 49 Stat. 449, 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 Enterprise Engine and Foundry Company, San Francisco, Cali- fornia, 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 Direc- tor for the Twentieth 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 senior and junior drafts- men, apprentices, blueprint men, tracers, reproduction operators, tool draftsmen, and all employees listed as "Design and Drafting Section Heads" and "Section Heads-Reproduction, Photography and Print- ing," who were employed during the pay-roll period immediately pre- ceding the date of this Direction, including employees 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 R. Hundley, assistant chief engi- neer, all clerical employees, and those listed as "Engineering Section Heads," 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 Union, Local 89, affiliated with the A. F. of L., for the purposes of collective bargaining. Copy with citationCopy as parenthetical citation