Potter & Rayfield, Inc.

National Labor Relations Board - Board Decisions

Jun 12, 1946

68 N.L.R.B. 576 (N.L.R.B. 1946)

In the Matter of POTTER & RAYFIELD, INC. and INTERNATIONAL ASSO-
CIATION OF MACHINISTS, LODGE No. 2
Case No 10-R-1772 -Decided June 12, 1946
Mr. F. H. Rayfield, of Atlanta, Ga., for the Company.
Messrs. Paul Chipman and E. N. Dodgen, of Atlanta, Ga., for the
TAM.
Mr. F. G. Dunn , of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by International Association of Machinists,
Lodge No. 2, herein called the IAM, alleging that a question affecting
commerce had arisen concerning the representation of employees of
Potter & Rayfield, Inc., Atlanta, Georgia, herein called the Company,
the National Labor Relations Board provided for an appropriate hearing
upon due notice before Paul S . Kuelthau , Trial Examiner . The hearing
was held at Atlanta, Georgia , on April 29, 1946 . The Company and
the IAM 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 here-
by 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
Potter & Rayfield, Inc., is a Georgia Corporation with its office and
principal place of business at Atlanta, Georgia, where it is engaged in
I International Molders & Foundry Workers of North America were served with notice
but did not appear at the hearing or otherwise participate in the proceedings herein.
68 N. L R B., No. 81.
576
POTTER & RAYFIELD, INC 577
the manufacture of metal products, iron castings, coil winding machinery
and water cooling equipment. Yearly, it uses raw materials, consisting
principally of pig iron, scrap metal, coke, steel, electrical motors, and
instruments, valued in excess of $100,000, of which 75 percent is shipped
to its Atlanta plant from outside the State of Georgia. During the
same yearly period, its finished products are valued in excess of $250,000,
662/3 percent of which is shipped to customers outside the State of
Georgia.
The Company admits that it is engaged in commerce within the mean-
ing of the National Labor Relations Act.
II THE ORGANIZATION INVOLVED
International Association of Machinists, Lodge No. 2, is a labor or-
ganization , admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The I. A. M. requested the Company to recognize it as the repre-
sentative of employees in the unit sought herein in March, 1946, and
the Company refused to grant recognition allegedly on the ground that
the unit was inappropriate.
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
The TAM seeks a unit of all production and maintenance em-
ployees, excluding executives and professional employees, office and
clerical employees, employees covered by contract between the Company
and the TAM, and between the Company and International Molders
and Foundry Workers Union of North America, and all supervisory
employees. The Company contends that the unit sought is inappropriate,
in that it comprises a heterogeneous group of employees who have
nothing in common either in the skill required or the type of work
performed.
The TAM is the present bargaining representative for all employees
in the machinery manufacturing department,2 and the International
Molders and Foundry Workers Union of North America represents
all employees in the foundry department. Thus, the TAM here seeks
a residual group of production and maintenance employees who are
2Including electric and acetylene welders, ^rneymen , machinists , machinist apprentices,
production workers and helpers
578 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
not represented in either of the two craft units .3 Inasmuch as all produc-
tion and maintenance employees except those sought in the present unit
are presently represented, employees in the residual group must either
constitute a separate bargaining unit or indefinitely be denied the right
of collective bargaining. Under these circumstances, we find that the
unit proposed by the TAM is appropriate.4
We find that all production and maintenance employees of the Com-
pany excluding executives and professional employees, office and clerical
employees, employees covered by contract between the Company and the
TAM, and between the Company and International Molders and Foundry
Workers Union of North America, 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 bargaining
within the meaning of Section 9 (b) of the Act.
V THE DETERMINATION OF REPRESENTATIVES
The Company contends that the TAM refuses to admit Negroes to
membership and inasmuch as the unit found appropriate herein includes
Negroes, it should not be certified as their bargaining representative.
The TAM stated on the record that it will represent all employees
in the unit found appropriate by the Board regardless of their race,
color, creed, or national origin. However, if the TAM is certified,
and it is later shown, by appropriate motion, that the TAM has denied
adequate representation to any employee because of his race , color,
creed, or national origin , we shall consider such discriminatory practice
as grounds for rescinding the certification.,'
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among employees
in the appropriate unit who were employed during the pay-roll period
immediately preceding the date of the Direction of Election herein, sub-
;ect 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 Relations Act,
7 This group includes one painter , one pattern maker, two pattern maker apprentices, one
electrician, two electrician apprentices , one maintenance man, one handyman , one crater, one
shipping clerk, one truck driver , one storekeeper , one watchman , five laborers , and five
helpers.
4 Matter of Detroit Incinerator Company, 45 N. L. R B. 414 ; Matter of Bethlehem Steel
Company, Shipbuilding Division, 64 N. L. R B. 569
"Matter of Carter Manufacturing Company; 59 N. L. R B. 804; Matter of Atlanta Oak
Flooring Company, 62 N. L. R. B. 973; Matter of General Motors Corporation (Chevrolet Shell
Division), 62 N L. R. B. 427.
POTTER & RAYFIELD, INC. 579
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 Potter & Rayfield,
Inc., Atlanta, Georgia, 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 Tenth Region, acting in this matter as agent for the
National Labor Relations Board, 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 International Association of Machinists, Lodge
No. 2, for the purposes of collective bargaining.
CHAIRMAN HERZOG took no part in the consideration of the above
Decision and Direction of Election.
696966-46-38