The Patterson-Kelley Co., Inc

National Labor Relations Board - Board Decisions

Feb 14, 1942

38 N.L.R.B. 1229 (N.L.R.B. 1942)

In the Matter of THE PATTERSON- KELLEY COMPANY, INC and INTER-
NATIONAL ' BROTHERHOOD OF BOILERMAKERS , IRON SHIPBUILDERS,
WELDERS, WELDERS' HELPERS OF AMERICA, LOCAL No. 397 (A.' F.
OF L.) '
Case No. R-3466.-Decided February 14, 1914
Jurisdiction : heating equipment and tank manufacturing industry.
Investigation and Certification of Representatives : existence of question : stipu-
lation that Company refused to accord union recognition because it doubted
the appropriateness of the unit sought ; election necessary.
Unit Appropriate for Collective Bargaining : a unit composed of welders, welders'
helpers,, burners, and set-up men, excluding supervisors; found appropriate,
notwithstanding desire of the Company for a unit composed of all production
and maintenance employees; employees in the unit sought by the union possess
a certain degree of skill and experience to perform their duties, do all the
major welding work of the plant, are the only employees in the plant
organized by, or eligible for membership in, the petitioner, and no other labor
organization is seeking to represent the other employees of the Company.
Mr. George F. Coffin, Jr., of Easton, Pa., for the Company.
Mr. Louis H. Wilderman, of Philadelphia, Pa., for the Union.
Mr. Frederic B. Parkes, 2nd, of counsel to the Board. -
DECISION '
AND
.DIRECTION OF ELECTION
STATEMENT OF THE CASE
On October 22 and- December 1, 1941, respectively, International
Brotherhood of Boilermakers, Iron. Shipbuilders, Welders, Welders'
Helpers of America, Local No. 397 (A'. F. of L.),' herein called the
Union, filed with the Regional Director for the Fourth Region (Phila-
delphia,'PemIsylvania) a petition and an amended petition alleging
that a question affecting commerce had arisen concerning the repre-
sentation of employees of The Patterson-Kelley Company, Inc.,'
i In some of the formal papers the name of the Union appears as "International Brother-
hood of Boilermakers, Iron Shipbuilders, welders & Welders' Helpers'of America." At the
hearing the Union stated that its correct name is that appearing above and in the caption
Erroneously designated as Patterson-Kelley Company in the formal papers, but corrected
by amendment at the bearing.
38 N. L. R. B., No. 219.
1229
1230 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
East Stroudsburg, Pennsylvania, herein called the Company, and
requesting an investigation and certification of representatives pursu-
ant to Section 9 (c) of the National Labor Relations Act, 49 Stat.
449, herein called the Act. On December 29, 1941, the National
Labor Relations Board, herein called the Board, acting pursuant to
Section 9 (c) of the Act and Article III, Section 3, of National
Labor Relations Board Rules and Regulations-Series 2, as amended,
ordered an investigation and authorized the Regional Director to
conduct it and to provide for an appropriate hearing upon due
notice.
On January 8, 1942, the Regional Director issued a notice of hear-
ing, copies of which were duly served upon the Company and the
Union. Pursuant to notice, a hearing was held on January 19, 1942,
at Stroudsburg, Pennsylvania, before Robert H. Kleeb, the Trial
Examiner duly designated by the Chief Trial Examiner. The Com-
pany and the Union were represented and participated in the hearing.
Full opportunity to be heard, to examine and cross-examine wit-
nesses, and to introduce evidence bearing upon the issues was afforded
all parties. During the course of the hearing the Trial Examiner
made various rulings on motions and on objections to the admission
of evidence. The Board has reviewed the rulings of the Trial Ex-
aminer and finds that no prejudicial errors were committed. The
rulings are hereby affirmed.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
The Patterson-Kelley Company, Inc., a New York corporation with
its sole plant and principal office in East Stroudsburg, Pennsylvania,
is engaged in the manufacture of tanks, heaters, heat exchangers, and
heat-transfer equipment. During the six-month period ending Oc-
tober 31, 1941, the Company purchased raw materials valued .at ap-
proximately $218,000, $111,000 worth of which were shipped to it
from points outside the State of Pennsylvania. During the six-
month period ending September 30, 1941, the Company sold products
valued at approximately $484,000, $433,000 worth of which were
shipped to points outside the State of Pennsylvania. The Company
employs approximately 118 employees. For the purpose of this
proceeding the-Company admits that it is engaged in commerce within
the meaning of the Act.
II. THE ORGANIZATION INVOLVED. _
International Brotherhood of Boilgrmakers, Iron Shipbuilders,
Welders, Welders' Helpers of America, Local No. 397, is a labor organi-
THE PATTERSON-KELLEY COMPANY, INC.. 1231
zation affiliated with the American Federation of Labor admitting to
membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company and the Union stipulated at the hearing that the
Union requested the Company to recognize it as the statutory repre-
sentative of the welders, welders' helpers, and burners employed by
the Company; but the Company, doubting the appropriateness of the
unit, refused to grant such recognition.
A statement of the Regional Director introduced in evidence at
the hearing shows that the Union represents a substantial number of
employees in the unit hereinafter found to be appropriate.3
We find that a question has arisen concerning the representation of
employees of the Company.
IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON
COMMERCE
We find that the question concerning representation which has
arisen, occurring in connection with the operations of the Company
described in Section I, above, has a close, intimate, and substantial
relation to trade, traffic, and commerce among the several States and
tends to lead to labor disputes burdening and obstructing commerce
and the free flow of commerce.
V. THE APPROPRIATE UNIT
The Union contends that all welders, welders' helpers, burners, and
set-up men, excluding supervisors, constitute an appropriate unit.
The Company denies the appropriateness of the unit sought by the
Union and insists that the only unit appropriate for the purposes
of collective bargaining consists of all production and maintenance
employees of the Company, excluding supervisory and clerical
employees.
The Union seeks to represent the following classifications of
employees :
(1) Eighteen welders, working in the shop under the supervision of
two foremen, perform practically all of the welding work of the
entire plant. However, it appears that one maintenance employee
does welding in connection with his work, and an assembly employee
uses welding tools for brazing purposes. Copper workers may on
8 The Union submitted to the Regional Director photostats of 16 application cards dated
in August 1941. The Regional Director reported that all signatures were apparently
genuine and were names of persons appearing on the Company 's pay roll of December 4,
1941. There are approximately 26 employees within the unit found below to be appropriate.
1232 DECISIONS OF NATIONAL ' LABOR RELATIONS BOARD
occasion perform small welding jobs necessary to their work, but the
more complex welding is performed by the welders proper.
(2) Two welders' helpers spend approximately 50 percent of their
time in cleaning, chipping, painting, and preparing the surfaces of
steel to be welded.4 The remaining 50 percent of their time is spent
in other duties. -
(3) Two burners who work,with the welders operate a radiograph
machine and hand acetylene torches to cut steel .6 Aside from these
burners only one maintenance employee on occasion operates ' the
radiograph.
(4) Four set-up men lay out steel plates, assemble parts, burn out
necessary openings, and weld the parts sufficiently so that the assem-
bled products may be handled by other employees.,.
In support of its contentions, the Company relies on the fact that
the welders, welders' helpers, and burners work any place in the plant
where welding may be required and the fact that other, production
employees use welders' and burners' tools. The Company also con-
tends that production employees are frequently interchanged.
The production employees work in one large building, the floor
space 'of which is unobstructed by partitions. The welders work for
the most part in two sections, one at the back of the shop near the rollers
and copper shop, and the other at the front of the shop by the machine
department, but their duties may require them to work anywhere in
the plant. The record discloses that welders and burners must possess
a certain degree of skill . and experience in order to perform their
duties efficiently and that they perform all the major welding work
of the plant. Other employees use welding tools chiefly to cut steel,
clean scale, or shape metal. On occasion they may perform minor
welding jobs. The Union, has limited its organizational activities to
those classifications of employees in the unit sought herein. It appears
that no other employees of the Company are eligible to membership in
the Union. No organization is here seeking to represent employees of
the Company other than the welders, welders' helpers, burners, and
set-up men. We are of the opinion that a unit which coincides with
the extent of the Union's organization is appropriate. To find other-
wise would deprive such employees of the benefits of collective bargain-
4 The parties stipulated that one employee , listed on the pay roll as a chipper, cleaner,
and painter and excluded from the unit by the Union , is now operating a lathe in the
machine department . We find that he is properly excluded from the unit.
5 The parties stipulated that one employee , listed on the pay roll as a burner and ex-
cluded from the unit by the Union , is now employed in the machine shop and no longer
works with the other burners and welders . We find that he is properly excluded from the
unit.
THE PATTERSON-KELLEY COMPANY, INC . 1233
ing until the remaining production and maintenance employees had
organized.e .
We find that all welders; welders' helpers, burners, and set-up men
of the' Company, excluding supervisors, constitute a unit appropriate
for the purposes of collective bargaining, and that said unit will insure
to employees of the Company the full benefit of their right to,self-
organization and to collective bargaining, and otherwise will effectuate
the policies of the Act.7
VI. THE DETERMINATION OF REPRESENTATIVES
The Union desires to be certified upon the basis of the record?,
We find, however, that the question concerning representation can
best be resolved by means of an election by secret ballot.
None of the parties stated any preference as to the pay-roll period
to, be used to determine eligibility to vote. In accordance with our
customary ,practice, we shall direct that those persons. eligible to vote
in the election shall be those in the appropriate unit who were em-
ployed during the pay-roll period immediately preceding the date
of the Direction of Election herein,, subject, to the limitations and
additions hereinafter set forth in the Direction.
Upon the basis of the above findings of fact and upon the• entire
record in the case, the Board makes the following:
CONCLUSIONS OF LAW
1. A question affecting commerce has arisen concerning the rep-
resentation of employees of The Patterson-Kelley Company, Inc.,
East Stroudsburg, Pennsylvania, within the meaning of Section 9
(c) and Section 2 (6) and (7) of the Act.
2. All welders, welders' helpers, burners, and set-up men of the
Company, excluding supervisory employees, constitute a unit ap-
propriate for the purposes of collective bargaining within the mean-
ing of Section 9 (b) of the Act.
e See Matter of Foster -Grant Co, Inc, and Local No. 60, Molders Union of Leominster,
affiliated with United Paper, Novelty and Toy Workers International Union (C. I. 0 ),
32 N. L R B , No 97, and cases cited therein.
7 See Matter of The Paraffine Companies , Inc., and United Welders , Cutters & Helpers
of America, 38 N L R B , 118; Matter of The Douglas Aircraft Co. Inc., The Douglas
Aircraft Co. Inc, El Segundo Division and United Aircraft Welders of America (Inde-
pendent), 16 N L R B 93; Matter of Ryan Aeronautical Co. and United Aircraft Welders
of America , Ind., 15 N L R. B 812.
'The , Union introduced into evidence at the hearing photostats of 23 application cards
bearing signatures of 14 employees in the unit found to be appropriate herein. The parties
stipulated at the hearing that another employee within the appropriate unit was a member
of the Union . The Union introduced into evidence an unsigned apprentice ' s initiation and
insurance receipt purported to belong to another employe in the appropriate unit.
438861-42-vol. 38-79
1234 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 Re-
lations 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 authorized by the Board
to ascertain representatives for the purposes of collective bargaining
with The Patterson-Kelley Company, Inc., East Stroudsburg, 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 Direc-
tor 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 all welders, welders' helpers,
burners, and set-up men of the Company who were employed during
the pay-roll period immediately preceding the date of this Direction,
including employees who are ill or on vacation or in the active
military service or training of the United States, or temporarily
laid off, but excluding supervisory employees and employees who have
since quit or been discharged for cause, to determine whether or not
they wish to be represented by International Brotherhood. of Boiler-
makers, Iron Shipbuilders, Welders, Welders' Helpers of America,
Local No. 397, (A. F. of L.).