Sigmund Cohn Mfg. Co. Inc.

National Labor Relations Board - Board Decisions

Nov 5, 1947

75 N.L.R.B. 177 (N.L.R.B. 1947)

In the Matter Of SIGILUND COHN MFG. CO., INC., AND SIGMUND COHN,
ADOLPH COHN, AND SIDNEY COHN, CO-PARTNERS, D/B/A SIG1IUND
COHN & Co., EMPLOYER and INTERNATIONAL ASSOCIATION OF MA-
CHINISTS , PETITIONER
Case No. 2-R-7681.-Decided November 5, 1947
Hamlin, Hubbell, Davis, Hunt c Farley, by Mr. Lawrence Hunt; of
New York City, for the Employer.
Messrs. Jerome Y. Sturm, Carl S. Carlson, and Edward Stearns, of
New York City, for the Petitioner.
Mr. Leonard H. Wacker, of New York City, for the Intervenor.
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, hearing in this case was held at New
York City, on August 1, 1947, before Vincent M. Rotolo, hearing of=
ficer.l The hearing officer's rulings made at the hearing are free from
prejudicial error and are hereby affirmed.
Upon the entire record in the case, the National Labor Relations
Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE EMPLOYER
Sigmund Cohn Mfg. Co., Inc., a New York corporation, and Sig-
mund Cohn, Adolph Cohn, and Sidney Cohn, co-partners registered
in the State of New York under the trade name of Sigmund Cohn R,
Co., maintain an office and plant at New York City where they are
jointly engaged in the manufacture and sale of precious and base metals
and products. We find that the corporation and partnership as named
constitute a single employer within the meaning of Section 2 (2)
of the National Labor Relations Act.
During the year preceding the hearing, the Employer purchased
base metals, valued in excess of one million dollars, more than 50
1 The petition was amended at the hearing to show the correct name of the Employer.
75 N. L. R. B., No. 20.
177
178 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
percent of which was shipped to its plant from points outside the
State. During the same period, the Employer sold products manu-
factured at its plant, valued in excess of one million dollars, more
than 50 percent of which was shipped from its plant to points outside
the State.
The Employer admits and we find that it is engaged in commerce
within the meaning of the Act.
H. THE ORGANIZATIONS INVOLVED
The Petitioner is an unaffiliated labor organization, claiming to
represent employees of the Employer.
Wholesale and Warehouse Workers Union, Local 65, herein called
the Intervenor, is a labor organization affiliated with the Congress of
Industrial Organizations, claiming to represent employees of the
Employer.
in. THE QUESTION CONCERNING REPRESENTATION
The Employer refuses to recognize the Petitioner as the exclusive
bargaining representative of employees of the Employer until the
Petitioner has been certified by the Board in an appropriate unit.
We find that a question affecting commerce has arisen concerning
the representation of employees of the Employer, within the meaning
of Section 9 (c) (1) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
The parties agree that production and maintenance employees at
the Employer's New York City plant, excluding office and clerical
employees, salesmen, the chief electro-chemical engineer, and other
supervisors, constitute an appropriate bargaining unit. The Inter-
venor would include, and the Employer and the Petitioner would ex-
clude, the following categories of employment : research engineer,
research chemist, chief chemist, and technical director of research.
The parties further disagree with respect to the status of Julius Cheli,
William Bonetti, and Anne Rothstein. .
Research Engineer: At the time of the hearing the two positions
in this category were occupied by the sons of two of the partners who
were engaged in maintaining the business. Both men are college
graduates and highly technical research workers. Both have had long
experience in developing new products, the improvement of processes,
and other work of strictly professional nature. Their work, largely
intellectual, differs from that of other production workers, which is
routine and mechanical. Research engineers work with or without
SIGMUND COHN MFG. CO., INC . 179
assistants. When assistants are assigned to them, they direct the work
to be done on their respective projects. Their recommendations as to
the retention of employees working under them are followed by the
Employer. Research engineers are paid on an annual salary basis.
They attend executive conferences for planning production.
Research Chemist: This position, occupied by Anthony Bonetti, in-
volves independent research in the field of chemistry and the develop-
ment of production techniques, and requires advanced scientific knowl-
edge and highly skilled technical experience, and demands the constant
exercise of discretion and judgment. The research chemist has no
supervisory duties. His salary is paid on an annual basis.
Chief Chemist: The position of chief chemist, occupied by Israel
Fass, is characterized as requiring highly specialized knowledge in
the chemistry of platinum metals for the assaying, refining, and
separation of these metals.
Technical director of research: This position, occupied by Bert B.
Brenner, requires highly technical knowledge. Brenner is one of the
leading experts in the field of platinum for pyrometry and other pur-
poses, and is a member of professional and technical associations.
It clearly appears that the research engineers, research chemist,
chief chemist, and technical director of research are trained pro-
fessional employees who perform work of a highly technical nature.
Section 9 (b) of the Act, as amended, precludes the Board from in-
cluding professional employees and employees who are not pro-
fessional in the same unit for bargaining purposes, unless a majority
of the professional employees vote for inclusion in such unit. Since
neither of the labor organizations herein concerned has disclosed any
showing of representation among the professional employees whose
unit placement is in issue, we shall conduct no separate election among
them. We shall exclude professional employees from the unit of pro-
duction and maintenance employees found appropriate.
Julius Cheli, a supervisor in the tool department, has direct au-
thority to hire and discharge employees, and his recommendations
regarding employees under his supervision are followed. Cheli per-
forms some manual work in emergencies. William Bonetti, listed as
"foreman" by the Employer, and Anne Rothstein, listed as "fore-
lady," are sometimes called "assistant foremen" because they operate
under other supervisors. William Bonetti and Rothstein regulate
and lay out work for employees under their supervision. They pass
on the quality of the work done, and on the efficient operation of ma-
chines. They spend less than 20 percent of their time in production
work and perform such work only in emergencies. They have au-
thority to settle grievances among their workers, and they exchange
180 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
and transfer employees on the basis of their independent judgments.
They make effective recommendations respecting wage increases and
hiring and discharge. We find that Julius Cheli, William Bonetti, and
Anne Rothstein are supervisors within the meaning of the Act, and,
as such, they are excluded from the appropriate unit.
We find that all production and maintenance employees at the
Employer's New York City plant, excluding office and clerical em-
ployees, salesmen, the chief electro-chemical engineer, research engi-
neers, the research chemist, the chief chemist, the technical director
of research, and all other supervisors, constitute a unit appropriate
for the purposes of collective bargaining within the meaning of Sec-
tion 9 (b) of the Act.
DIRECTION OF ELECTION 2
As part of the investigation to ascertain representatives for the
purpose of collective bargaining with Sigmund Cohn Mfg. Co., Inc.,
and Sigmund Cohn, Adolph Cohn, and Sidney Cohn, co-partners,
d/b/a Sigmund Cohn & Co., New York City, 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 Second Region, and
subject to Sections 203.61 and 203.62 of National Labor Relations
Board Rules and Regulations-Series 5, 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 employees who did not work during said pay-
roll period because they were ill or on vacation or temporarily laid
off, but excluding those employees who have since quit or been dis-
charged 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 for the pur-
poses of collective bargaining.
2 It having failed, by October 31 , 1947, to achieve compliance , or to initiate steps for
compliance , with the filing requirements of Section 9 (f), (g), and ( h) of the Act, as
amended, the Intervenor will not be accorded a place on the ballot.