Schutte & Koerting Co.

National Labor Relations Board - Board Decisions

Sep 26, 1942

44 N.L.R.B. 528 (N.L.R.B. 1942)

In the Matter of Sci-IUTTE & KOERTING COMPANY and PATTERN MAKERS
LEAGUE OF N. A., PHIIA. Assoc. (A. F. OF L.)
Case No. R-1198.-Decided September 26, 19412
Jurisdiction :, valve and allied products manufacturing industry.
Investigation and Certification of Representatives : existence of question: re-
fusal to accord either of competing unions recognition until certified by the
Board ; election necessary.
Unit Appropriate for Collective Bargaining : pattern makers permitted to deter-
mine whether they should constitute a separate bargaining unit or be part of a
plant-wide unit. .
Mr. G. Cook, of Philadelphia, Pa., for the Company.
Mr. Henry Kaiser, of Washington, D. C., for the A. F. of L.
Mr. Carl Bersing and 31r. Francis White, of Philadelphia, Pa., for
the C. I. O.
Hiss Melvern R. Krelow, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by Pattern Makers League of N. A., Phila.
Assoc. (A. F. of L.), herein called the A. F. of L., alleging that a
question affecting commerce had arisen concerning the representation
of employees of Schutte & Koerting Company, Philadelphia, Pennsyl-
vania, herein called the Company, the National Labor Relations Board
provided for an appropriate hearing upon due notice before Jerome
1. Macht, Trial Examiner. Said hearing was held at Philadelphia,
Pennsylvania, on August 25, 1942. The Company, the A. F. of L.,
and the United Electrical, Radio & Machine Workers of America,
Local No. 155, C. I. 0., herein called the C. I. 0., appeared, partici-
pated, and 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.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Schutte & Koerting Company is a Pennsylvania corporation, engaged
in the manufacture of steel valves, air ejectors, heat exchangers, and
44 N. L R. B, No 96.
528 .
SCHUTTE .& KOERTING COMPANY 529
a, wide range of allied products . This proceeding involves the Com-
pany's Philadelphia plant. During 1941, the Company purchased,
for use in its Philadelphia plant, raw materials valued in excess of
,$500,000, of which more than 50 percent was shipped to the plant, from
points outside the State of Pennsylvania . During the same period,
the Company manufactured products valued in excess of $500,000, of
which more than 50 percent was shipped from the plant to points out-
side the State, of Pennsylvania . The Company admits that it is en-
gaged 'in commerce within the meaning of the National Labor Rela-
tions Act.
H. THE ORGANIZATIONS INVOLVED
Pattern Makers League of N. A., Phila. Assoc., is a labor organiza-
tion affiliated with the American Federation of Labor. It admits to
membership employees of the Company. - '
United Electrical, Radio & Machine Workers of America, Local No.
155, is a labor organization affiliated with the Congress of Industrial
Organizations. It admits to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION; THE APPROPRIATE UNIT
The A. F. of L. requested recognition by the Company as the exclu=
sire bargaining agent for the Company's pattern makers and pattern
maker, apprentices as it separate unit. The C. I. O. requested recogni-
tion as agent of the pattern makers as part of' a unit of all the plant
employees, excluding other specified categories. The Company refused
to recognize either union until one is certified by the Board. A report
by the Regional Director, introduced in evidence at the hearing, and
evidence offered before the Trial Examiner, indicate that the A. F. of
L. and the C. I. O. each represents a substantial number of the em-
ployees in the unit hereinafter found to be appropriate
The C. I. O. contends that it has a collective bargaining contract
with the Company which was executed on August 20, 1942, covering
' The Regional Director reported that the A F of L. submitted two application-for-
membership cards, undated, bearing apparently genuine si*natuies of persons whose names
appear on the Company 's pay roll of July 27, 1942 The business representative furnished
a signed statement that these two cards were secured by him on July 15, 1942 In addi-
tion, the A. F. of L. furnished evidence of membership in good standing in its oiganiza-
tnon of another pattern maker employed by the Company, and an apprentice who is now
in the Navy This evidence consists of a signed statement by the business representative
that the dues of this member are paid to date and that he has been in good standing ever
since becoming a' member a year ago At the hearing the A F of L submitted to the
Tiial Examiner one application -for-membership card signed by an apprentice This card
was undated and bore an apparently genuine signature The business agent stated that
the card was signed on August 17, 1942
The Regional Director further reported that the C 1 0 submitted four application-for-
membership cards, three undated , and one dated July 16, 1942 . All four cards bear appar-
ently genuine signatures of persons whose names appear on the Company' s pay roll of
July 27, 1942
There are five employees in the unit hereinafter found to he appropi rote
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530 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
all employees with specified exclusions. This contract was not intro-
duced into evidence. The C. I. 0. further states, however, that pattern
makers and pattern maker apprentices are not covered by the contract,
and that no negotiations have been conducted concerning them, since
the Company informed the C. I. 0. before the contract was executed'
that the A. F. of L. had made claims of representation concerning the
pattern makers and had filed a petition with the Board.2
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. TIIE APPROPRIATE UNIT; THE DETEIIMINATION OF REPRESENTATIVES
The A. F. of L. contends that all pattern makers and pattern
maker apprentices of the Company , at its Philadelphia plant, exclud-
ing the foreman , constitute an appropriate unit. The C. I. 0. con-
tends that all pattern makers and pattern maker apprentices , includ-
ing the foreman , should comprise part of a plant-wide unit, with
specified exclusions . The Company takes no position concerning the
appropriate unit.
The Company employs four pattern makers , one pattern maker
apprentice , and a pattern maker foreman . They, together with the
pattern loftsman and a clerical employee , occupy space on the fourth
floor of the plant. Their duties are those normally associated with
their craft . Their working hours are similar to those of the other
employees and their wage rates correspond to those of other skilled
employees , but there is no interchange between the pattern makers
and employees in other departments of the Company.
The pattern maker foreman spends the greater portion of his time
in performing the same duties as those of the other pattern makers;
the remainder of his time he is engaged in supervising. His super-
visory duties consist of distributing work to the pattern makers;
assigning them to work on certain patterns ; and instructing them as
to what shrinkage or finish is to be used in the patterns . When work
is finished , he inspects and checks it. He has the authority to recom-
mend the hire and discharge of employees , and to recommend in-
creases and promotions for, employees. We conclude that he is a
'supervisory employee and shall exclude him.
In view of their membership in a well establishd craft, the pattern
makers might appropriately function as a separate unit; their work-
ing conditions and wage " rates, on the ,other hand , indicate that they
might appropriately form part of a broader, plant -wide unit. We
2The parties stipulated that a question concerning representation had arisen, and no
issue was made of the contract as a bar In any event , the A F . of L asserted its claim
prior to the execution of the contract
SCHUTTE & KOERTING COMPANY 531
shall accordingly make no final determination of unit at this time
-but shall direct that the question concerning representation which has
arisen be resolved by an election by secret ballot among the Com-
pany's pattern makers and pattern maker apprentice, excluding the
foreman, who were employed during the pay-roll period immediately
preceding the date of our Direction of Election herein, subject to the
limitations and additions set forth -in the Direction, to determine
`whether they desire to be represented by the A. F. of L. or by the
C. I. O. Upon the results of the election will depend, in part, the
appropriate unit. If the employees involved select the A. F. of L.,
they will constitute a separate bargaining unit. If they select the
C. I. 0., they will have indicated their desire to be represented upon
a plant-wide basis, and the C. I. O. will then be able to bargain for
them as part of such unit.
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 purpose of collective bargaining with Schutte & Koert-
ing Company, Philadelphia, Pennsylvania, an election by secret bal-
lot shall be conducted as early as possible, but not later than thirty
(30) days from the date of this Direction, raider the direction and
supervision 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, Section 9, of said Rules and Regulations,
among the pattern makers and the pattern maker apprentices at the
Company's Philadelphia, Peiinsylvauia, plant, 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 i11 or on vacation or in the active mili-
tary service or training of the United States, or temporarily laid off,
but excluding the pattern maker foreman and employees who have
since quit or been discharged for cause, to determine whether they
desire to be represented by Pattern Makers League of N. A., Phila.
Assoc. (A. F. of L.), or by United Electrical, Radio & Machine
Workers of America, Local No. 155, C. I. 0., for the purposes of
collective bargaining, or by neither.
MR. WM. M. LEISEP,SON took no part in the consideration of the
above Decision and Direction of Election.
In the Matter of SCHU'rfE & KOERTING COMPANY and PATTERN MAKERS
LEAGUE OF N. A., PHILA . Assoc. (A. F. OF L.)
Case No. R-4198
ORDER PERMITTING WITHDRAWAL OF PETITION
October 20, 1942
The Board having, on September 26, 1942, issued a Decision and
Direction of Election 1 in the above-entitled matter, and, thereafter,
petitioner, Pattern Makers League of N. A., Phila. Assoc. (A. F. of L.)
,having requested permission to withdraw its petition, and the Board
having duly considered the matter,
'IT IS HEREBY ORDERED that the request of the petitioner for permission
to withdraw its petition be, and it hereby is, granted, and that the afore-
said case be, and it hereby is, closed.
144 N ., L. R. B. 528.
44 N. L. R. B., No. 96a.
532