Enterprise Engine and Foundry Co.

National Labor Relations Board - Board Decisions

Feb 13, 1942

38 N.L.R.B. 1202 (N.L.R.B. 1942)

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.