Fidelity Machine Co.

National Labor Relations Board - Board Decisions

Jul 13, 1944

57 N.L.R.B. 242 (N.L.R.B. 1944)

In the Matter Of FIDELITY MACHINE COMPANY andLoaAL 155, UNITED
ELECTRICAL, RADIO & MACHINE WORKERS OF AMERICA,,C. I. O.
Case No, 4-R-1418.-Decided July 13,1944
Souser, Schumacker & Taylor, by Mr. Robert H. Kleeb, of Philadel-
phia, Pa., for the Company.
Mr. Saul C. Waldbaum, of Philadelphia, Pa., for the Union.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by Local 155, United Electrical, Radio &
Machine Workers" 'of America, C.I.O., herein called the Union,
alleging that a question affecting commerce had arisen concerning the
representation of employees of Fidelity Machine Company, Philadel-
phia, Pennsylvania, herein called the Company, the National Labor
'Relations Board provided for an appropriate hearing upon due notice
before Eugene M. Purver, Trial Examiner. Said hearing was held
at Philadelphia, Pennsylvania, on June 6 and 7, 1944. The Company '
and the' Union appeared, participated, and were afforded full oppor-
tunity 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:
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Fidelity Machine Company is, a Delaware corporation operating
a plant at Philadelphia, Pennsylvania, where'it is engaged in the,
manufacture of precision machines and instruments. During 1943'
the Company purchased raw materials valued in excess of $500,000,
57 N. L. R. B., No. 44.
242
FIDELITY MACHINE COMPANY 243
about 60 percent 'of- which was shipped to it-from points outside the
State of Pennsylvania. During the same period the Company sold
finished products valued in excess of $500,000, less than 10 percent of-,
which was shipped to points outside the State of Pennsylvania.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
H. THE ORGANIZATION INVOLVED
Local 155, United Electrical, Radio & Machine Workers of America,-
is a labor organization affiliated with ' the Congress of Industrial
Organizations, admitting to membership employees of the Company.-
III. THE QUESTION' CONCERNING REPRESENTATION
On April 25, 1944, the Union requested the Company to recognike•
it as the exclusive collective bargaining representative of the Com-
pany's employees. The Company refused this request.
A statement 'of a Field Examiner of the Board, introduced ,into'
evidence at the hearing, indicates that the Union represents a sub-
stantial number of employees in the' unit hereinafter found to be,
appropriate.'
We find that a question affecting commerce has arisen concerning'
the representation of employees of the Company, within the mean-
ing of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
The Union urges'that all production and maintenance employees of
the Company, including watchmen, the shipping and receiving clerk,,
and assistant storekeepers, but excluding supervisory employees, office
employees, development department employees (consisting of senior
inventor, chief mechanical designer, engineer, designer, junior drafts-
man, detailer, blueprinter, experimental mechanics and testing me-
chanics), and truck drivers, constitute an appropriate unit. The only
controversy with respect to the unit concerns raw_ materials store-
keeper, finished products storekeeper, and working foremen.' The
Union urges that all such employees be included `iii the unit while-
the Company contends that they should be excluded. ,-
• The Company has 6 employees classified as working foremen. One•
of them has from -3 to 30. employees under him, and each of the
remainder has from 3 to 5. They spend about 85 percent of their
time performing production work, are paid on an hourly basis, and
receive about 15 percent more pay' than the persons working- under
1 The Field Examiner reported that the , UnlQn presented 138 authorization cards. There
are 150 persons in the appropriate unit.
LI
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'244 DECISIONS OF NATIONAL LABOR 'RELATIONS BOARD
them.' They recommend the discipline of their subordinates, and alse
consulted by the Company with respect to the grading of other
employees,. We find that the working foremen- are supervisory e'm-
ployees, and as such, we shall exclude them from the unit. ,
The Company has one employee classified as a finished products
storekeeper. He is responsible for the maintenance of all records
relating to materials coming in or going out of his department. He
is,paid' on an hourly rate and has one assistant. Although he has
authority over his assistant, it appears that the relationship between
them is that of journeyman to helper rather than that of supervisor
to non-supervisor. Accordingly, we shall include the finished prod-
ucts storekeeper in the unit.
The Company has one-raw' materials storekeeper. The facts with
respect to this employee are similar to those set out above for the
finished products storekeeper, the only ,difference being that the
former deals with raw materials while the latter with, finished prod=
ucts. For the reasons stated above we find that the raw, materials
storekeeper should be included in the unit.
We find that all production and maintenance employees of the
Company, including watchmen, the shipping and receiving clerk,
assistant storekeepers, finished products storekeeper, and raw mate-
rials storekeeper, but excluding office employee's, development depart
ment employees (consisting of senior inventor, chief mechanical de-
signer, engineer, designer, junior draftsman, cletailer, blueprinter, and
experimental mechanics and testing mechanics) and truck drivers,,
'foremen, working 'foremen, and any other '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- col-
lective bargaining, within the meaning of Section 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES ,
We shall direct that the question concerning representation which
has- arisen be resolved by means of 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. I . I ' ' f
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 Relations Act,
and pursuant to Article III, Section 9, of National Labor Relations
Board Rules, and Regulations-Series 3, it is hereby '
FIDELITY MACHINE COMPANY 245
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Fidelity Machine
Company, Philadelphia, Pennsylvania; 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 super-
vision of the Regional Director for the Fourth 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 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 the 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 any 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 Local
155, United Electrical, Radio & Machine Workers of America, C. I. 0.,
for the purposes of collective bargaining.