Henry Disston & Sons, Inc.

National Labor Relations Board - Board Decisions

Mar 22, 1940

21 N.L.R.B. 856 (N.L.R.B. 1940)

In the Matter Of HENRY DISSTON & SONS, INCORPORATED and STEEL
WORKERS ORGANIZING COMMITTEE, LODGE 1073
Case No. R-1752.-Decided March. 22, 191F0
Tool-mane fact itrinr/ Itulastry-tnveshgatton of Represcntative.s: stipulation
between Company, petitioning union, intervening union, and representative of
Board as to business of the Company , question concerning representation, ap-
propriate unit, and direction of election-Election Ordered
Mr. Jack Davis, for the Board.
Mr. R. T. Nalle, of Philadelphia, Pa., for the Company.
Mr. M. H. Goldstein, of Philadelphia, Pa., for the C. I. O.
Syme & Simons, of Philadelphia, Pa., by Mr. Maurice Abrams,
for the A. F. of L.
Mr. Bernard W. Freund, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On December 28, 1939, Steel Workers Organizing Committee,
Lodge 1073, herein called the C. I. 0., affiliated with the Congress
of Industrial Organizations, filed with the Regional Director for the
Fourth Region (Philadelphia, Pennsylvania) a petition alleging
that a question affecting commerce had arisen concerning the repre-
sentation of employees of Henry Disston & Sons, Incorporated, Phil-
adelphia, Pennsylvania, herein called the Company,' and requesting
an investigation and certification of representatives pursuant to
Section 9 (c) of the National Labor Relations Act, 49 Stat. 449,
herein called the Act.
On February 13, 1940, the National Labor Relations Board, herein
called the Board, acting pursuant to Section 9 (c) of the Act, and
Article III, Section 3, of National Labor Relations 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.
'The Company was incorrectly designated in the petition tot inveestigation and certifi-
cation as Henry Disston & Sons, Inc
21 N. L . R. B., No 88.
856
HENRY DISSTON & SONS, INCORPORATED 857
On February 21, 1940, the Regional Director issued a notice of
hearing, copies of which were duly served upon the Company, the
C. I. 0., and United Saw, File, and Steel Products Workers of
America, Local No. 22254, herein called the A. F. of L., affiliated with
the American Federation of Labor, a labor organization claiming
to represent employees directly affected by the investigation.2
On February 28, 1940, before any hearing was held, the Company,
the A. F. of L., and the Board's attorney entered into the following
stipulation :
STIPULATION
It is hereby stipulated and agreed by and between Henry
Disston & Sons, Incorporated, hereinafter called the company,
Steel Workers Organizing Committee, Lodge 1073, affiliated with
the Congress of Industrial Organizations, hereinafter called the
C. I. 0., United Saw, File, and Steel Products Workers of
America, Local No. 22254, affiliated with the American Federa-
tion of Labor, hereinafter called the A. F. of L., and Jack Davis,
attorney for the National Labor Relations Board, that :
1. Upon a petition duly filed by the C. I. O. on December 28,
1939, with the Regional Director for the Fourth Region (Phil-
adelphia, Pennsylvania) alleging that a question affecting com-
merce had arisen concerning the representation of employees
of the company and requesting an investigation and certifica-
tion of representatives pursuant to Section 9 (c) of the National
Labor Relations Act, 49 Stat. 449, hereinafter called the Act,
the National Labor Relations Board, hereinafter called the Board,
acting pursuant to Section 9 (c) of the Act and Article, III,
Section 3, of the National Labor Relations Board Rules and Reg-
ulations, Series 2, as amended, ordered on February 13, 1940, an
investigation and authorized the Regional Director to conduct it
and to provide for an appropriate hearing upon due notice. The
Regional Director on February 21, 1940, issued a Notice of Hear-
ing, copies of which were duly served on the company, the C. I. 0.,
the A. F. of L., and United Saw, File & Steel Products Workers
of America, Local No. 1.
2. The company is a corporation organized and existing by
virtue of the laws of the State of Pennsylvania, having been
incorporated in the year 1886. It is and has been since that time
engaged in the manufacture of saws, files, and all kinds of ine-
2 Notice of hearing was also served on United Saw, File , and Steel Products Workers of
America, Local No . 1 As hereinafter appears, it was stipulated by the Company, the
C. I. 0., the A. F . of L, and the Board 's attoiney , on February 28, 1940 , that Local No. I
was the same organization as the A F of L
858 DECISIONS OF NATIONAL LABOR RELATIONS BOARD .
chanical tools and kindred products. In the course and conduct
of its business aforesaid the company uses principally the fol-
lowing raw materials : iron, steel and kindred products, and
imports into the State of Pennsylvania for use at its plant lo-
cated at Unruh and Milnor Streets, Philadelphia, Pennsylvania,
in the manufacture of the finished products above mentioned,
from States other than the State of Pennsylvania approximately
50 per cent of said raw materials. The company in the course
and conduct of its business ships from its Philadelphia plant to,
into, and through States other than the State of Pennsylvania
and foreign countries approximately 90 percent of its finished
products. The approximate value of the finished products manu-
factured, sold, and shipped and caused to be delivered by the
company for the year 1939 is $7,000,000.
3. The C. I. O. is a labor organization within the meaning
of Section 2 of the Act.
4. The A. F. of L. is a labor organization within the meaning
of Section 2 of the Act.
5. A question of representation affecting commerce within the
meaning of the Act has arisen in that the company refuses to
recognize the C. I. O. as the sole representative of its employees
in the unit set forth in paragraph 6, below, because of the claim
by the A. F. of L. that it is the sole representative of the com-
pany's employees in the unit set forth in paragraph 6, below, and
until one of said unions has been certified by the Board as the
proper bargaining representative.
6. All of the hourly paid and piece work employees in the
production and maintenance departments of the company with
the exception of carpenters, bricklayers, truck drivers, office em-
ployees, and supervisory employees, down through anddncluding
working group leaders constitute a unit appropriate for the
purposes of collective bargaining, and the said unit will insure
the employees the full benefit of their right to self-organization
and to collective bargaining, and otherwise effectuate the policies
of the Act.
7. During the past six months the company has employed from
1,500 to 1,900 employees in the unit set forth in paragraph 6,
herein. There are currently employed approximately 1,900 em-
ployees in said unit.
8. The taking of testimony or evidence, and the making of
findings of fact and conclusions by the Board prior to any
election to be held by the Board are hereby expressly waived.
9. This stipulation, together with the Petition, the Order
Directing Investigation and Hearing, Notice of Hearing, and
HENRY DISSTON & SONS, INCORPORATED 859
Rules and Regulations of the National Labor Relations Board,
Series 2, as amended, may be introduced as evidence by filing
them with the Chief Trial Examiner of the Board at Washing-
ton, D. C.
10. Upon this stipulation, if approved by the Board, and upon
the pleadings, the Board may issue a Direction of Election
directing that, as part of the investigation authorized by the
Board to ascertain representatives for collective bargaining with
the company, an election by secret ballot shall be conducted on
March 29, 1940, under the direction and supervision of the
Regional Director for the Fourth Region, acting in this matter
as agent for the Board and subject to Article III, Section 9,
of the National Labor Relations Board Rules and Regulations,
Series 2, as amended, among all hourly paid and piece work em-
ployees in the production and maintenance departments of the
company, with the exception of carpenters, bricklayers, truck
drivers, office employees, and supervisory employees, down
through and including working group leaders whose names
appear on the company's payroll of March 2, 1940, to determine
whether or not they desire to be represented for the purposes of
collective bargaining by the C. I. 0., the A. F. L., or by neither.
This stipulation, together with the papers recited in paragraph
9, above, the Direction of Election, the report on the result of
said election, and the papers which may be filed by the parties
pursuant to Article III, Section 9 of the Board's Rules and
Regulations, Series 2, as amended, shall constitute the record
of the above-captioned matter, and this stipulation and the re-
port on the results of said election shall constitute competent
evidence in said matter; and on the basis thereof the Board
may make,-its certification or other disposition of the case
pursuant to Section 9 (c) of the Act.
11. It is further stipulated that the true and correct name of
the company is Henry Disston & Sons, Incorporated. Wherever
in the pleadings the company is designated by any other name
said pleadings shall be amended so as to conform to the true
and correct name.
• 12. It is further stipulated that the United Saw, File & Steel
Products Workers of America, Local No. 1 (unaffiliated) and
referred to in the Petition for Investigation and Certification
of Representatives herein is now the A. F. of L.
13. This stipulation is subject to the approval of the Board.
14. This stipulation contains the entire agreement of the parties
and there is no verbal agreement of any kind which varies, alters,
or adds to this stipulation.
860 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
On March 7, 1940, the board issued its order approving the above
stipulation, making it a part of the record in the case, and, pursuant
to Article III, Section 10, of National Labor Relations Board Rules
and Regulations-Series 2, as amended, transferring the case to and
continuing it before the Board for the purpose of entry of a direction
of election by the Board pursuant to the provisions of the stipulation.
Upon the basis of the above stipulation and the entire record in
the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Henry Disston & Sons, Incorporated, a Pennsylvania corporation,
is engaged in the manufacture of saws, files, and all kinds of me-
chanical tools and kindred products. The principal raw materials
used by the Company in its business are iron, steel, and kindred prod-
ucts. Of these raw materials, approximately 50 per cent are trans-
ported into Pennsylvania from other States in the United States, for
use at the Company's plant at Philadelphia, Pennsylvania, in the
manufacture of the Company's products. The Company ships ap-
proximately 90 per cent of its finished products from its Philadelphia
plant to points outside of Pennsylvania. For the year 1939, the ap-
proximate value of the finished products manufactured, sold,' and
shipped by the Company was $7,000,000.
II. THE ORGANIZATIONS INVOLVED
Steel Workers Organizing Committee, Lodge 1073, affiliated with
the Congress of Industrial Organizations, and United Saw, File, and
Steel Products Workers of America, Local No. 22254, affiliated with
the American Federation of Labor, are labor organizations.
III. THE QUESTION CONCERNING REPRESENTATION
Because of conflicting claims of representation by the C. I. O. and
the A. F. of L., the Company refuses to recognize either as the ex-
clusive representative, for the purposes of collective bargaining, of
the Company's employees in the unit which we find, in Section V be-
low, to be appropriate.
We find that a question has arisen concerning the representation of
employees of the Company.
TV. 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
HENRY DISSTON & SONS, INCORPORATED 861
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
We find that all of the hourly paid and piece-work employees in
the production and maintenance departments of the Company, with
the exception of carpenters, bricklayers, truck drivers, office em-
ployees, and supervisory employees, down through and including
working group leaders, constitute a unit appropriate for the pur-
poses of collective bargaining, and that said unit will insure to em-
ployees of the Company the full benefit of their right to self-
organization and to collective bargaining, and otherwise effectuate
the policies of the Act.
We further find that the question concerning representation can
best be resolved by means of an election by secret ballot.
Upon the basis of the above findings of fact, the above stipulation,
and the entire record in the case, the Board makes the following :
CONCLUSIONS OF LAW
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of Henry Disston & Sons, Incorporated, Phila-
delphia, Pennsylvania, within the meaning of Section 9 (c) and
Section 2 (6) and (7) of the National Labor Relations Act.
2. All of the hourly paid and piece-work employees in the pro-
duction and maintenance departments of the Company, with the
exception of carpenters, bricklayers, truck drivers, office employees,
and supervisory employees, down through and including working
group leaders, constitute a unit appropriate for the purposes of
collective bargaining within the meaning of Section 9 (b) of the 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 Re-
lations 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 Henry Disston & Sons, Incorporated, Philadelphia, Pennsyl-
vania, an election by secret ballot shall be conducted on March 29,
1940, under the direction and supervision of the Regional Director
862 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
for the Fourth 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 of the hourly paid and piece-work
employees in the production and maintenance departments of the
Company, with the exception of carpenters, bricklayers, truck
drivers, office employees, and supervisory employees, down through
and including working group leaders, whose names appear on the
Company's pay roll of March 2, 1940, to determine whether they
desire to be represented for the purposes of collective bargaining by
Steel Workers Organizing Committee, Lodge 1073, affiliated with
the Congress of Industrial Organizations; by United Saw, File,
and Steel Products Workers of America, Local No. 22254, affiliated
with the American Federation of Labor; or by neither.