San-Equip, Inc.

National Labor Relations Board - Board Decisions

Sep 26, 1942

44 N.L.R.B. 524 (N.L.R.B. 1942)

In the Matter of SAN -EQUIP, INC . and INTERNATIONAL ASSOCIATION
BRIDGE STRUCTURAL ORNAMENTAL - IRON WORKERS LOCAL UNION
No. 612
Case No. R-4246.-Decided September 26, 1912
Jurisdiction : sanitary and heating equipment manufacturing industry.
Investigation and Certification of Representatives : existence of question: re-
fusal to accord petitioner recognition until certified by the Board; election
necessary. %
Unit Appropriate for Collective Bargaining : production and maintenance em-
ployees at one of Company's plants, excluding salaried supervisory employees,
clerical employees (including draftsmen), truckmen, and plant protection men
Mr. Harley J. Crane by Fraser Brothers, Henry S. Fraser, of Syra-
cuse, N. Y., for the Company.
Mr. George S. Cooper, of Syracuse, N. Y., for the Union.
Mr. A. Sumner Lawrence, of counsel to the Board.
DECISION
AND
DIRECTION AND ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by International Association Bridge Struc-
tural Ornamental Iron Workers Local Union No. 612, herein called the
Union, alleging that a question affecting commerce had arisen concern-
ing the representation of employees of San-Equip, Inc., Syracuse, New
York, herein called the Company, the National Labor Relations Board
provided for an appropriate hearing upon due notice before Peter J.
Crotty; Trial Examiner. Said hearing was held at Syracuse, New
York, on August 29, 1942. The Company and the Union appeared,
participated, and were afforded full opportunity to be heard, to ex-
amine 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. The Company
filed a brief which the Board had duly considered.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
San-Equip, Inc., is a New York corporation with its office and plant,
the only one involved in this proceeding, located at Syracuse, New
44 N. L R. B., No. 95
524
SAN-EQUIP, INC. 525.
York, where the Company is engaged in the manufacture of sanitary
and heating equipment to be used in connection with dwellings. Since
• August 4, 1942, the Company has been in the process of converting
its plant with a view to the production of war materials. During the
period from August 1, 1941 to July 31, 1942, the Company ,used at its
'Syracuse, New York, plant, raw materials to the value of at least
$450,000, of which at least 50 percent i;epresents shipments made to
the Syracuse plant from points outside the State of New York. Dur-
ing the same period, the Company manufactured at its Syracuse plant
finished products to the value of at least $900,000, of which at least
50 percent was shipped to points outside the State of New York. The
Company admits that it is engaged in commerce within the meaning of
the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
International Association Bridge Structural Ornamental Iron
Workers Local Union No. 612, is a labor organization affiliated with
the American Federation of Labor.
III. TIIE QUES1ION CONCERNING RLPRESENTATTON
On or about July 2, 1942, the Union requested recognition froin the
Company. The Company, howeyer; declined to recognize or bargain
with the Union until after the question of representation had been,
determined by the Board.
At the hearing, the Company moved that the petition be dismissed
upon the following grounds : (1) that according to the constitution
of the Union, it cannot admit to membership the employees of, the
Company listed in the petition; (2) that there had been no prima facie
showing of a substantial number of employees in the appropriate unit;
,and (3) that Tio•membership applications have been offered in evidence
or submitted to the Company for examination. The Trial Examiner
made no ruling but referred the motion to the Board.
With respect to the first ground set forth by the Company in its
motion, we find it unnecessary to decide the question therein raised for
the reason that it is immaterial to the present decision whether or not
the employees of the Company are eligible 'to membership in the
Union.' The second ground urged by the Company, namely, the asser-
tion that the Union has failed to make a prima facie showing of a sub-
stantial number of employees in-the appropriate unit, is fully met by
the report of the Field Examiner. which Was admitted in evidence
and shows that the' Union represents a substantial number of -em-
I See Pueblo Gas C 'Fuel Co v. National Labor Relations Boat d (C. C A. 10) 1941, 118
Fed (2d) 304 and cases cited theiein
526 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
,,ployees in the unit hereinafter found appropriate.2 The third and
last ground urged by the Company in its motion, namely, that no mem-
bership applications had been offered in evidence or submitted to the
Company for examination, has frequently been rejected in view of the
settled policy of the Board, in the interest of preventing possible un-
fair labor practices, not to require unions to offer their membership
cards in evidence, or otherwise to disclose to the Company the names
of ` employees who are members of labor organizations.3 The Com-
pany's motion to dismiss the proceeding is accordingly denied.
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 accordance with the request of the Union to which the
Company makes, no objection, that all production and maintenance
employees at the 'Syracuse plant of the Company, excluding salaried
supervisory employees, clerical employees (including draftsmen),
truckmen and plant protection men, constitute a unit appropriate
for the purposes 'of collective bargaining within the meaning of
Section 9 (b) of the Act.
V. THE DETERIITNATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has" arisen be resolved by an election by secret ballot among the em-
ployees in the appropriate unit who were employed during the pay-
2 The Field Examiner reported that the Union had presented 58 signed cards, of which 44
represented paid -up'members ; that of the 58 cards 17 were dated June 1942, 40 dated July
1942 , and 1 undated ; that 48 of the 58 cards had signatures which appeared to be genuine ;
that no check of the names had been made against the pay roll for the reason that the
Company, though requested to furnish a pay roll , had not done so up to the time the state-
ment was made.
The Company 's contention that the Union has failed to make a substantial showing is
based upon the erroneous assumption that authorization or membership cards are required
to establish prima facie proof that a labor organization represents a certain number of
employees of the Company . However, as we have frequently stated, authorization or mem-
bership cards are required not as proof-of the precise number of employees who desire to
be represented by a labor organization , or as a basis for the determining the appropriate
representative, but simply to provide a reasonable safeguard against the indiscriminate
institution of representation proceedings by 'labor organizations which might have little
or no membership in the unit claimed to be appropriate. See Matter of H. G. Hill ,Stores,
Inc. Warehouse and Local 2-7, International Longshoremen's and Warehousemen 's Union,
affiliated with the c I. 0, 39 N . L R B 874. Moreover , the piopriety of receiving in
evidence the report on claims' concerning authorization is not affected by the fact that
the Board 's Regional Director or Field Examiner has made no check of the membership
cards against pay-roll records of the Company See Matter of Inter lake Iron Corporation
and Local Union 1657 , Steel Workers Organizing Committee C I. 0., 38 N L R. B. 139
i See Matter of H. O Hill Stores , Inc. Warehouse and International Longshoremen's and
Warehousemen's Union, 39 N. L . R B 874; Matter of It II Siskin J Sons and Steel Workers
Organizing Committee, 41 N. L. R. B. 187
SAN-EQUIP, INC. 527
roll period immediately preceding the date ofthe Direction of Elec-
tion 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 Rela-
tions Act , 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 to ascertain representa-
tives for the purposes of collective bargaining with San -Equip, Inc.,
Syracuse , New York, 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 Third Region, acting in this matter as agent for
the National Labor Relations Board, and subject to Article III; Sec-
tion 9, of said Rules and Regulations , among the 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 any such employees who did not work during said 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 any who have since quit or been discharged for cause,, to
determine whether or not they desire to be represented by Interna-
tional Association Bridge Structural Ornamental Iron Workers Local
Union No. 612, affiliated with the American Federation of Labor,,.for'
the'purposes of collective bargaining.
MR. WM. M . LEISERSON took no part in the consideration of the
above Decision and Direction of Election.