F. S. Lang Manufacturing Co.

National Labor Relations Board - Board Decisions

Mar 8, 1946

66 N.L.R.B. 473 (N.L.R.B. 1946)

In the Matter of F. S. LANG MANUFACTURING COMPANY and
ASSORTMENT WORKERS UNION, LOCAL 383, A. F. L.
Case No. 19-R-1610.-Decided March 8, 1946
Messrs. George D. Leonard and A. L. Lang, of Seattle, Wash., for
the Company.
Mr. L. Presley Gill, of Seattle, Wash., for the Assortment Workers
Union, Local 383, A. F. L.
Mr. Samuel M. Kaynard, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed on July 18, 1945, by the Assortment
1lrorkers Union, Local 383, A. F. L., herein called the Assortment
Workers, alleging that a question affecting commerce had arisen
concerning the representation of employees of F. S. Lang Manu-
facturing Company, Seattle, Washington, herein called the Company,
the National Labor Relations Board provided for an appropriate
heating upon due notice, before Joseph D. Holmes, Trial Examiner.
The hearing was held at Seattle, Washington, on January 18,
1946. The Company and the Assortment Workers appeared and
participated.'
All parties were afforded full opportunity to be heard, to examine
and cross-examine witnesses, and to introduce evidence bearing on
the issues. The Trial Examiner's rulings made at the hearing are
free from prejudicial error and are hereby affirmed. All parties
were afforded opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following :
3 Although served with notice , Stove Mounters International Union , Local 89, AFL,
did not appear or participate in the proceeding.
66 N. L . R. B., No. 58.
473
474 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
F. S. Lang Manufacturing Company is a Washington corporation,
having its principal place of business in Seattle, Washington, and
is engaged in the manufacture and repair of stoves, furnaces, and
bake ovens. During the first 6 months of 1945, the Company pur-
chased raw materials, including steel, pig iron, scrap iron, and coke
sand, of an approximate value of $100,000, practically all of which
was purchased outside the State of Washington. The Company
during the same period manufactured and sold finished products
valued in excess of $200,000, and approximately 50 percent thereof
was shipped to points outside the State of Washington.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. TIIE ORGANIZATION INVOLVED
Assortment Workers Union, Local 383, is a labor, organization
affiliated with the American Federation of Labor, admitting to
membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
Sometime during April or May 1945, the Assortment Workers
requested recognition of the Company as exclusive bargaining repre-
sentative of the production and maintenance employees of the Com-
pany. The Company declined to recognize the Assortment Workers,
claiming it had a contract with the Stove Mounters International
Union, Local 89, AFL, hereinafter referred to as Local 89, for a
term ending March 31, 1946. The Company has been under contract
with Local 89 since August 1, 1944.2 This contract contains an
automatic renewal clause which provides for yearly renewal, in the
absence of written notice of termination by either party, at least
30,days prior to April 1 of any year. No such notice has been given.
On June 12, 1945, 25 of the Company's 28 employees served a
petition upon the Washington Metal Trades, Inc., which represents
the Company in negotiations with labor organizations, in which they
declared that they had changed affiliation from Local 89 to the
Assortment Workers Union, and that they had designated the As-
sortment Workers as their sole and exclusive bargaining agent, dis-
2 The contract was negotiated for the Company by the Washington Metal Trades, Inc.,
but executed by the Company.
F. S. LANG MANUFACTURING COMPANY 475
claiming any rights, benefits, or obligations derived from the
Company's contract with Local 89.
The evidence indicates that Local 89 of the Stove Mounters was
composed entirely of employees of the Company, and shows that as
of June 7, 1945, practically all of the Company's employees had
changed their affiliations from Local 89 to the Assortment Workers.
Although there is evidence in the record to indicate that Local 89
is now defunct, it is not necessary to decide that question in order to
find that its contract is not a bar to a question of representation.
In view of the Assortment Workers' petition herein, the contract
would not be a bar, inasmuch as its 1945-46 term is about to expire
and the petition may be regarded as timely filed prior to the 1946
automatic renewal date.3
A statement of a Board agent, introduced into evidence at the
hearing, indicates that the Assortment Workers represents a sub-
stantial number of employees in the unit hereinafter found
appropriate.'
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
We find, in substantial accord with the agreement of the parties,
that all production and maintenance employees of the Company,'
excluding all foundry employees, clerical employees, watchmen and
teamsters (if any), and all supervisory employees with authority
to hire, promote, discharge, discipline, or otherwise effect changes
in the status of employees, or effectively recommend such action,
constitute a unit appropriate for the purposes of collective bargain-
ing, within the meaning of Section 9 (b) of the Act.
s Matter of Mitt B , Inc , 40 N L. R B 346
4 The Field Examiner's report and exhibits showed that the Assortment workers
submitted an authorization petition bearing the names of 28 employees ; that the names
of 25 of these persons appearing on the petition were listed on the submitted Company's
pay-roll list which contained the names of 28 persons ( including one name stricken out)
in the appropriate unit; and that the petition was dated June 7, 1945.
r The parties also agreed to the inclusion of working foremen in the appropriate unit
because they had been members of Local 80. However , working foremen in the Com-
pany's plant have power to hire and discharge , thus coming within the Board 's definition
of supervisory employees , and their inclusion would be improper . Mr. Lang testified,
however, that he intended to change the existing organizational structure under which
the working foremen were heads of their respective departments reporting directly to
him, by hiring a superintendent who would be in charge of the three departments.
Although the record is not entirely clear , Mr. Lang appeared to imply that the authority
of the working foremen would be greatly reduced when a superintendent was brought in.
If such a change has since been made, and working foremen no longer fall within the
Board's definition of supervisory employees during the eligibility period for the election.
they will fall within the appropriate unit.
476 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the 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 Re-
lations Act, and pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 3, as amended, it
is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with F. S. Lang
Manufacturing Company, Seattle, Washington, 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 Director for the Nineteenth 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 employees in the unit found appropriate in
Section IV, above, who were employed during the pay-roll period
immediately preceding the date of this Direction, including employees
who did not work 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 and have not been rehired or
reinstated prior to the date of the election, to determine whether
or not they desire to be represented by the Assortment Workers
Union, Local 383, affiliated with the American Federation of Labor,
for the purposes of collective bargaining.
MR. GERARD D. REILLY took no part in the consideration of the
above Decision and Direction of Election.