The Turl Iron and Car Co., Inc.

National Labor Relations Board - Board DecisionsNov 26, 1946

71 N.L.R.B. 809 (N.L.R.B. 1946)

In the Matter of TIIE TURL IRON AND CAR COMPANY, INCORPORATED, EMPLOYER and INTERNATIONAL ASSOCIATION OF MACHINISTS, PETITIONER Case No. 2-R-6864.Decided November 06, 1946 Messrs. John W. Stafford and Donald K. Luke, of New York City, for the Employer. Mr. Carl S. Carlson, of New York City, for the Petitioner. Mr. George A. Johnson, of New York City, for the Intervenor. Mr. Jerome H. Brooks, of counsel to the Board. DECISION AND DIRECTION OF ELECTION Upon a petition duly filed, hearing in this case was held at New- burgh, New York, on August 28, 1946, before William T. Little, hear- ing officer. 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 1. TIIE BUSINESS OF THE EMPLOYER The Turl Iron and Car Company, Incorporated, is a New York corporation engaged in the manufacture of sugar and paper mill machinery, head exchangers and miscellaneous equipment at its sole plant in Newburgh, New York. During the year ending July 31, 1946, the Employer purchased raw materials valued in excess of $250,000, more than 75 percent of which was shipped to its plant from points outside the State of New York. During the same period, the Employer manufactured finished products valued in excess of $500,000, more than 75 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 National Labor Relations Act. 71 N. L. It. B., No. 134. 809 810 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 11. THE ORGANIZATIONS INVOLVED The Petitioner is a labor organization claiming to represent em- ployees of the Employer. International Brotherhood of Boilermakers, Iron Shipbuilders and Helpers of America, Local 9-11, District 2, herein called the Intervenor, is a labor organization affiliated with the American Federation of Labor, claiming to represent employees of the Employer. III. 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. The Intervenor contends that its existing contract with the Employer is a bar to a present determination of representatives. On January 19, 1943, the Employer and the Intervenor entered into a collective bargaining contract which provided that it "shall be effective when signed and shall remain in force for the duration of the Emergency." Inasmuch as the contract has been in effect for a period of almost four years and is for an indefinite period of time, we find that it is not a bar to a present determination of representatives." We find that a question affecting commerce has arisen concerning the representation of employees of the Employer, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act. IV. TILE APPROPRIATE UNIT The parties are in substantial agreement that the appropriate unit should consist of all production and maintenance employees, including working foremen but excluding receiving clerks, timekeepers, machin- ists foremen, and other supervisory employees. They disagree, how- ever, as to three watchmen, who the Employer and the Intervenor assert should be excluded from the unit, whereas the Petitioner argues that they should be included. The watchmen are neither armed, deputized, nor militarized. Their duties are primarily custodial and not monitorial. They were excluded from the unit in the consent election in Case No. 2-R-3564 and are not covered by the contract of January 19, 1943, between the Intervenor and the Employer. Un- der these circumstances we shall follow our usual practice and not, disturb the contract unit established as the result of collective bar- gaining.' We find that all prochiction and maintenance employees, including working foremen, but excluding watchmen, receiving clerks, time- I Hatter of Cotton Trade Warehouses, Inc, 68 N. L. R. B. 28. 2 Hatter of Peteisen Â£ Lute, 60 N. L. R. B. 1070. THB TURL IRON AND CAR COMPANY, INCORPORATED 811 keepers, machinists foremen, and all other supervisory employees with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees, or effectively recommend such action, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act. DIRECTION OF ELECTION As part of the investigation to ascertain representatives for the purposes of collective bargaining with The Turl Iron and Car Com- pany, Incorporated, Newburgh, New York, 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, under the direction and supervision of the Regional Director for the Second Region, acting in this matter as agent for the National Labor Relations Board, and subject to Sections 203.55 and 203.55, of National Labor Relations Board Rules and Regulations-Series 4, among the employees in the unit found appropriate in Section IV, above, who were employed dur- ing the pay-roll period immediately preceding the date of this Direc- tion, including employees who did not work during said pay-roll period because they were ill or on vacation or temporarily laid off, and including employees in the armed forces of the United States who present themselves in person at the polls, but excluding those em- ployees who have since quit or been discharged for cause and have not been rehired or reinstated prior to the date of the election, to deter- mine whether they desire to be represented by International Associa- tion of Machinists, or by International Brotherhood of Boilermakers, Iron Shipbuilders and Helpers of America, Local 211, District 2, A. F. L., for the rurposes of collective bargaining, or by neither.