Star Metal Manufacturing Co.

National Labor Relations Board - Board Decisions

Sep 22, 1942

44 N.L.R.B. 303 (N.L.R.B. 1942)

U
In the Matter of ABE S. LEVIN, TRADING AS STAR METAL MANUFACTURING
COMPANY and UNITED ELECTRICAL, RADIO & MACHINE WORKERS OF
AMERICA, LOCAL 155, C. I. O.
Case No. B-4236.-Decided September 22, 1942
Jurisdiction : metal products manufacturing industry.
Investigation and Certification of Representatives : existence of question: re-
fusal to accord union recognition ; contract between intervening union's pre-
decessor and Company held no bar ; election necessary.
Unit Appropriate for Collective Bargaining : all production employees including
working foremen , but excluding foremen who hire and discharge , clerks,
salesmen ,, and drivers ; agreement as to.
Mr. Abe S. Levin and Mr. Milton C. Harrison, of Philadelphia, Pa.,
for the Company.
Mr. Howard Kirsch, of Philadelphia, Pa., for the U. E. R. M.
Syme & Simon, by Mr. Herbert Syme and Mr. Benjamin-W. Simon,
of Philadelphia, Pa., for Local 19.,
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition and, amended petition duly filed by United Electrical,
Radio & Machine Workers of America, Local 155, C. I. O., 'herein
called the U. E. R. M., alleging that a question affecting commerce
had arisen concerning the representation of employees of the 'Abe
S. Levin, trading as Star Metal Manufacturing Company, Philadel-
phia, Pennsylvania, herein called the Company, the National-Labor
Relations Board provided for an appropriate hearing upon due notice
before Jerome I. Macht, Trial Examiner. Said hearing was held at
Philadelphia, Pennsylvania,' on August 28 and 31, 1942 . The Com-
pany, the U. E. R. M., and Local 19, Sheet Metal Workers Interna-
tional Association, herein called, Local 19, appeared, participated, and
were afforded full opportunity to be heard, to, examine and cross-
examine witnesses , and to introduce evidence bearing on the issues.
44 N L R B , No. 53.
303
304 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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
I. THE BUSINESS OF THE COMPANY
A. S. Levin, trading as Star Metal-Manufacturing Company, is
engaged in the manufacture of sheet metal and kitchen equipment
at Philadelphia, Pennsylvania. During 1941 raw materials valued
in excess of $75,000 were shipped .to the Company from outside
Pennsylvania. This figure represents about 70 percent of all raw
materials purchased by the Company during that period. During
the same period the Company manufactured products valued at
about $135,000, approximately 75 percent of which was shipped out
of Pennsylvania. The Company admits that it is engaged in com-
merce within the meaning of the National Labor Relations Act.,
II. THE ORGANIZATIONS INVOLVED
United-- Electrical, Radio & Machine Workers of. America, Local
155, is a labor organization affiliated with the Congress of Industrial
Organizations, admitting to membership employees of the Company.
Local 19, Sheet Metal Workers International Association, is a labor
organization affiliated with the American Federation of Labor,
admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On July 23, 1942, the' U. E. R. M. requested the, Conzlriny to rec-
ognize it as the exclusive representative of the Company's em-
ployees. ' ,The Company refuses to .recognhe any labor organization
as the exclusive representative of its employees until such time as the
Board determines the appropriate bargaining agent.
On May 23,,1941, Local 19's predecessor, Local 19K, and the Com-
pany entered into a closed-shop contract. The contract provided
that it should continue in effect until May 31, 1942, and from year to
year thereafter unless 90 days' notice was given by either party
thereto prior to any, expiration date. Local 19 contends that this
contract is in full force and effect and constitutes a bar to,a, present
determination of representatives.
On February 13, 1942, Local 19's predecessor wrote to the Comp,.ny
requesting that specific changes be made in its agreement with the
Company. Thereupon, negotiations took place between the Company
and Local 19's predecessor through the month of July. However, no
agreement was entered into between the parties: In the latter hart
STAR METAL' MANUFACTURING COMPANY 305
of July 1942, Local 19 notified the Company that it had taken over
Local 19K, the contracting union, and requested that the Company
enter into a contract with it. The Company refused this request,
stating that a majority of its employees had not designated Local 19.
Under the circumstances, we find that the contract between Local 19's
predecessor and the Company is not a bar to a present determination
of representatives.
A statement of the Regional Director, introduced into evidence,
,duringAhe hearing, jijdicates that the U. E. R. M. and Local 19's
predecessor each represents a substantial number.of employees in the
unit hereinafter found to be appropriate.' -
- 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' U. E. R. Al. and Local 19 agree that all production employees
of the Compauy,..ixicluding word;ing, foremen, but excluding foremen
who hire and 'discharge, clerks, salesmen, and drivers, constitute an
appropriate unit. The Company took no position with respect to the
unit.
We find that all production employees of the Company, including
working foremen, but excluding foremen who hire and discharge,
clerks, salesmen, and drivers, 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
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-roll
period immediately preceding the date of the Direction of Election
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 Relations
1 The Regional Director reported that the U . E. R. M. presented 69 membership appli-
cation cards bearing apparently genuine signatures of persons whose names appear on
the Company 's pay roll of July 29 , 1942. He further reported that Local 19 submitted
evidence that 63 employees; whose names appear on the July 29, 1942, pay roll, '.ere
membeis in good standing of Local 19's predecessor during July 1942. There are approxi-
mately 108 employees in the unit hereinafter found to be appropriate.
487498-42-vol. 44--20
306 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 I
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Abe S . Levin,
trading as Star Metal Manufacturing Company, Philadelphia , Penn-;
Sylvania , 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 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 employees in the unit found appro-
priate 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 training or service
of the United States , or temporarily laid off, but excluding any who
have since quit or been discharged for cause , to determine whether
they. desire to be represented by United Electrical , Radio & Machine
Workers of America, Local 155, affiliated with the Congress of In-
dustrial Organizations , or by Local 19 , Sheet Metal Workers Iriter-,
national Association , affiliated with the American Federation of Labor,
for the purposes of collective bargaining , or by neither.
MR. WM . M. LEISERSON took no part in the consideration of the above .
Decision and Direction of Election.