The Pusey and Jones Corp.

National Labor Relations Board - Board Decisions

Apr 1, 1942

40 N.L.R.B. 29 (N.L.R.B. 1942)

In the Matter of THE PUSEY AND JONES CORPORATION and PATTERN
MAKERS LEAGUE OF NORTH AMERICA, PHILADELPHIA ASSOCIATION,
AFFILIATED WITH THE AMERICAN FEDERATION OF LABOR
.
Case No. R-36,09.-Decided, April 1, 1942
Jurisdiction : shipbuilding machinery manufacturing industry.
Investigation and Certification of Representatives : existence of question : refusal
to continue to accord petitioner recognition until certified by Board ; election
necessary.
Unit Appropriate for Collective Bargaining : pattern makers and apprentice
pattern makers ; no controversy as to.
Mr. George L. 'Coppage, of Wilmington, Del., for the Company.
Mr. George Q. Lynch, of Washington, D. C., and Mr. James A.
Huddy, of Philadelphia, Pa., for the Union.
Miss Melvern R. Krelow, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On December 8, 1941, Pattern Makers League of North America,
Philadelphia Association, affiliated with the American Federation of
Labor, herein called the Union, filed with the Regional Director for
the Fourth Region (Philadelphia, Pennsylvania), a petition alleging
that a question affecting commerce had arisen concerning the rep-
resentation of employees of The Pusey and Jones Corporation, Wil-
mington, Delaware, herein called the Company, and requesting an
'investigation and certification of representatives pursuant to Section
9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called
the Act. On February 25, 1942, 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 February 28, 1942, the Regional Director issued a, notice of
hearing, copies of which were duly served upon the Company, the
Union, and Industrial Union of Marine and Shipbuilding Workers
40N.L It. B, No 4
29
30 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
of America, Local No. 3, affiliated with the Congress of Industrial
Organizations, herein called Local No: 3, a. labor organization claim-
ing to represent employees directly affected by the investigation.
Pursuant to notice, a hearing was held on March 9, 1942,.before
Geoffrey J. Cunniff, the Trial Examiner duly designated by the Chief
Trial Examiner. The Company and the Union were represented and
participated in the hearing. Local No. 3 did not appear. Full oppor-
tunity to be heard, to examine and cross-examine witnesses, and to
introduce evidence bearing on the issues was afforded all parties.
During.the course of the hearing, the Trial Examiner made several
rulings on motions and on objections to the admission of evidence.
The Board has reviewed the rulings of the Trial Examiner 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 Company is a Delaware corporation with its principal office
and.place of business in Wilmington; Delaware, where it is engaged'
in the business of shipbuilding, the 'manufacture of paper-making
machinery, and general and special machine work. During the period
from June 1, 1941, to January 1, 1942, the Company purchased raw
materials valued in the excess of $50,000, approximately 35 per cent
of which were received by it from points outside the State of Dela-
ware. During the same period, the Company manufactured finished
products valued in the excess of $50,000, approximately 95 per cent of
which were shipped by it to points outside the State of Delaware.
The Company admits that it is engaged in commerce within the
meaning of the Act.
H. THE ORGANIZATION INVOLVED
Pattern Makers League of North America, Philadelphia Associa-
tion, affiliated with the American Federation of Labor, is a labor
organization admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company and the Union have bargained and reached oral
agreements with respect to the pattern makers on the basis of a craft
unit' from 1937 to about July 1941. In or about July 1941, the Com-
pany informed the Union that' due to its contractual'' relationship
with another labor organization, it could not continue to recognize
the Union as the bargaining agent of the pattern makers until the
THE PUSEY AND JONES CORPORATION 31
Union should be certified by the Board. A report prepared by the
Regional Director introduced in evidence at the hearing shows that the
Union represents a substantial number of employees of the Company
in the unit hereinafter found to be appropriate.'
On February 17, 1941, the Company and Local No. 3 entered into a
contract for one year. This contract which by its terms expired on
February 17, 1942, covered all employees of the Company with specified
exclusions, and did not mention the pattern makers or apprentice
pattern makers.
On November 3, 1941, the Union requested the Company for veri-
' fication of its representative status in view of alleged encroachment
by another union.
On December 5, 1941, the Company and Local No. 3 entered into a
renewal contract providing for closed shop (which expires June 23,
1943) covering substantially the same employees as the above-men-
tioned contract.2 No issue was made. of the contract as a bar.3
We find that this contract is not a bar to an investigation of repre-
sentatives and that a, question 'has arisen concerning the representa-
tion of employees of the Company.
IV. THE EFFECT OF TILE 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 rela-
tion to trade, traflie, and commerce among the several States and tends
to lead to labor disputes burdening and obstructing commerce and the
free flow of commerce.
V. TIIE APPROPRIATE UNIT
The Union contends that pattern makers and apprentice pattern
makers employed by the Company at its Wilmington, Delaware, plant
constitute an appropriate unit. The Company does not contest the
appropriateness of the unit.
The record discloses that the pattern makers' shop is a distinct and
separate department located on the second floor of one of the buildings
at the Wilmington plant. These employees move from one depart-
'The Regional Director reported that the Union presented 10 original cards entitled
"Candidate's Application" dated, in 1936 and 1937, and bearing the apparently genuine
signatures of persons whose names appear on the Company's pay roll of January 22, 1942.
There,are'approximately 12 employees in the alleged unit.
2 The only change was the specific exclusion of guards, a group which by inference as
Included in the previous contract
3
The Company and the Union stipulated that a question concerning representation had
arisen In any event, it is clear that the Union had asserted its claim prior to the renewal
of the contract
32 DECISIONS OF NATIONAL i LABOR RELATIONS BOARD
ment to another doing pattern making. Apprentice pattern makers
are the only employees of the Company who assist them, and there is
no interchange between the pattern makers and the production and
maintenance employees . The skill of pattern makers covers every type
of production where pattern making is employed . The Company
recognizes pattern makers as a specialized skilled group.
In view of the facts set forth above, and the long separate bargaining
history between the Company and the Union,' we find that all pattern
makers and apprentice pattern makers employed by the Company con-
stitute a unit appropriate for the purposes of collective bargaining
and that such 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.
VI. THE DETERMINATION OF REPRESENTATIVES
We find that a question concerning representation which has arisen
can best be resolved by an election by secret ballot. We shall direct
that those eligible to vote in the election shall be the employees within
the appropriate unit who were employed by the Company during the
pay-roll period immediately preceding the date of our Direction of
Election herein , subject to the limitations and additions set, forth in
said 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 repre-
sentation of employees of The Pusey and Jones Corporation , Wilming-
ton, Delaware , within the meaning of Sections 9 (c) and 2 (6) and (7)
of the National Labor Relations Act.
2. All pattern makers and apprentice pattern makers of The Pusey
and Jones Corporation , Wilmington , Delaware , constitute a unit ap-
propriate for the purposes of collective bargaining within the meaning
of Section 9 (b) of the National Labor Relations Act.
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 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
4 See Section III, above
THE PUSEY AND, JONES CORPORATION 33
DIRECTED that, as part of the investigation authorized by the Board
to ascertain representatives for the purposes of collective bargaining
with The Pusey and Jones Corporation, Wilmington, Delaware', an
election by secret ballot shall be conducted as early as possible but not
dater than thirty -(3€i) -days from.the date of this Direction, under the
direction and supervision of the Regional Director for the Fourth Re-
gion , acting in this matter as agent for the National Labor Relations
Board, and subject to Article III, Section 9, of said Rules and Regula-
tions, among all pattern makers and apprentice pattern makers em-
ployed by The Pusey and Jones Corporation, Wilmington, Delaware,
who were employed during the pay-roll period immediately preceding
the date of this Direction, including employees who did not work
during such pay-roll period because they were ill or' on vacation or
in the active military service or training of the United States, or tem-
porarily laid off, but excluding those employees who have since quit
or been discharged for cause, to determine whether or not they desire
to, be represented for the purposes of collective bargaining by Pattern
Makers League of North America, Philadelphia Association,
affiliated with the American Federation of Labor. .
455771-42-vol. 40-3
In the Matter of THE PUSEY AND JONES CORPORATION and PATTERN
MAKERS LEAGUE OF NORTH AMERICA , PHILADELPHIA ASSOCIATION,
AFFILIATED WITH THE AMERICAN FEDERATION OF LABOR
Case No. R-3609,
CERTIFICATION OF REPRESENTATIVES
April 30, 194°
On April 1, 1942, the National Labor Relations Board issued its
Decision and Direction of Election in the above-entitled proceeding."
Pursuant to the Direction of Election, an election by secret' ballcit
was conducted on April 20, 1942, under the direction and supervision
of the Regional Director for the Fourth Region (Philadelphia, Penn-
sylvania). On April 22, 1942, the Regional Director, acting pur-
suant to Article III, Section 9, of National Labor Relations Board
Rules and Regulations-Series 2, as amended, issued an Election
Report, copies of which were duly served upon the parties. No ob-
jections to the conduct of the ballot or to the Election Report were
filed by any of the parties.
As to the balloting and the results thereof, the Regional Director
reported as follows :
Total on eligibility list____________________________________ 15
Total ballots cast________________________________________ 11
Total ballots challenged__________________________________ 0
Total blank ballots--------------------------------------- 0
Total void ballots________________________________________ 0
Total valid votes counted_________________________________ 11
Votes cast for Pattern Makers League of North America,
Philadelphia Association, affiliated with the A. F. of L__ 11
Votes cast against Pattern Makers League of North America,
Philadelphia Association, affiliated with the A. F. of L____ 0
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, 49 Stat. 449, and pursuant to Article III, Sections 8 and 9,
of National Labor Relations' Board Rules and Regulations-Series 2,
as amended,
1 40 N L R B. 29
40 N. L R. B, No 4a
34
1
THE PUSEY AND JONES CORPORATION 35
IT IS HEREBY CERTIFIED that Pattern Makers League of North Amer-
ica, Philadelphia Association, affiliated with the American Federation
of Labor, has been selected by a majority of all pattern makers and
apprentice pattern makers of The Pusey and Jones Corporation,
Wilmington, Delaware, as their representative for the 'purposes ,of
collective bargaining, and that, pursuant to the provisions of 'Section
9 (a) of the National Labor Relations Act, Pattern Makers League
of North America, Philadelphia Association, affiliated with the Amer-
ican Federation of Labor, is the exclusive representative of all such
employees for the purposes. of collective bargaining with respect to
rates-of pay, wages, hours of employment, and other conditions of
employment.