Winter and Co.

National Labor Relations Board - Board Decisions

Mar 29, 1944

55 N.L.R.B. 824 (N.L.R.B. 1944)

In the Matter of 11TINTI-R AND COMPANY and UNITED AERONAUTICAL
WOOD WORIZEI:S LOCAL No. 101, CIO
Case llNo. 2-R-/!99.-Decided March 29, 1944
Messrs. William L. Schwartz and Philip Warshaw, of New York
City, for the Company.
Mr. Harry Weinstocle, of New York City, for the Union.
Miss Kate Wallach, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by United Aeronautical Wood Workers,
Local No. 101, CIO, herein called the Union, alleging that a question
affecting commerce had arisen concerning the representation of
employees of Winter and Company, New York City, 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 New York City, on March 2,
1944. The Company and the Union appeared and participated.
All parties were afforded full opportunity to be heard, to examine
and cross-examine witnesses, and to introduce evidence bearing on the
issues. The Trial Examiner's rulings made at the hearing are free
from prejudicial error and are hereby affirmed. All parties were
afforded an opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following:
FINDINGS Or Ii ACT
I. TIIE BUSINESS OF THE COMPANY
Winter and Company is a New York corporation having its plant
and general offices at New York City. The regular business of the
Company is the manufacture of pianos, but since 1942 the Company
has been engaged in the manufacture, sale, and distribution of air-
craft parts for gliders. The principal raw materials and unfinished
55 N. L. R. B., No. 149
824
WINTER AND COMPANY 825
products used are lumber, glue, varnish, and lacquer. During the
past year the Company purchased raw materials and unfinished
products valued at approximately one-half million dollars, of which
90 percent was shipped to the Company from points outside the
State of New York. During the same period the Company sold
products valued at approximately $1,300,000, of which 90 percent
was shipped from its plant to points outside the State of New York.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
United Aeronautical Wood Workers Local No. 101, affiliated with
the Congress of Industrial Organizations, is a labor organization
admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the Union as
the exclusive bargaining representative of its employees until the
Union has been certified by the Board in an appropriate unit.
A statement of the Board agent, introduced into evidence at the
hearing, indicates that the Union represents a substantial number
of employees in the unit hereinafter found 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.
1V. THE APPROPRIATE UNIT
The Union requests a unit of all production and maintenance
employees, including watchmen, porters, yardmen, carpenters, lead-
men, inspectors, elevator operators, and draftsmen, but excluding
the chief inspector, engineers, fireman, millwright, clerical employees,
militarized guards, foremen, and supervisors. The Company, con-
tends, however, that yardmen, elevator operators, repairmen, porters,
packers, and watclunen, all of whom are classified generally as
maintenance employees, and inspectors, should be excluded from
the unit.
Maintenance employees.-The yardmen unload the lumber from
the freight car and take it to the plant where the elevator men
'The Field Examiner reported that the Union submitted 129 application cards, all of
which bore apparently genuine original signatures ; that the names of 129 persons appear-
ing on the cards were listed on the Company 's pay roll of February 10, 1944 , which con-
tained the names of 183 employees in the approptiate unit , and that S of the cards were
dated January 1943, 87 January 1944 , 13 (no year given ) ; 21 were undated.
826 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
distribute it to the different floors for further operations. The
repairmen are in charge of all defects in the lighting system, dis-
turbances in the machinery, and other incidental repair work neces-
sary to maintain continuous production. The porter's task is to
keep the plant clean during working hours. The packers prepare
the finished products for shipment. The non-militarized watchmen
guard the premises at night. With the exception of the watchmen,
these above-named maintenance employees perform their duties dur-
ing regular working hours in close cooperation with the production
employees. They receive hourly pay and overtime at substantially
the same rate and enjoy the same privileges as do the production
employees. Inasmuch as the work of the foregoing maintenance
employees is closely allied to that of the production employees, we
shall include them in the unit.,'
Inmpector°s.-The Company requests that the inspectors be excluded
from the unit on the ground that they are responsible for the quality
of work produced by the production employees, and have the right to
reject articles which do not conform to the specifications set for them;
that the inspectors furthermore can and do recommend transfers of
employees from one department to another, which brings them into
the class of supervisory employees. We do not agree with the con-
tentions of the Company. The inspectors do not supervise production
employees in the sense that they have the power to hire, discharge,
or recommend such action; they are only concerned with the quality
of the work produced. Whenever shifting of personnel is deemed
advisable the inspectors make recommendations to the chief inspector,
who, in turn, takes the matter up with either the foreman or the
superintendent. It is the Company's policy to shift workers to dif-
ferent jobs rather than penalize then for poor workmanship. The
inspectors receive substantially the same hourly rate of pay as do
some of the production employees and they work the same number
of hours. Since their work brings them in close contact with the
production employees, and since their interests are similar to those
of the production employees, we shall include them in the unit.,'
We find that all production and maintenance employees, including
watchmen, porters, yardmen, carpenters, leadmen, inspectors, elevator
operators, and draftsmen, but excluding the chief inspector, engineers,
fireman, millwright, clerical employees, militarized guards, foremen,
and supervisors, with authority to hire, promote, discharge, discipline,
or otherwise effect changes in the status of employees, or effectively
2 See Matter of Leland-Gifford Co . 51 N L R. B. 1346
3 See Matter of McDonnell Aircraft Corporation, 49 N. L R. B 897; Matter of Howard
Aar cr aft Corp , 51 N L R B. 386, Republic Aviation Corp , 51 N. L. R B 1287; Consoli-
dated Vultee Aircraft Corp, 54 N. L R. B 579; Laister-Kaufjmann Aircraft Corp., 52
N. L. R B. 155.
WINTER AND COMPANY 827
recommend such action, 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
The Union desires the Board to use the pay-roll date of the ,week
preceding the hearing because the Company is contemplating a de-
crease in personnel due to impending changes in operations. We see
no reason, however, to depart from our usual practice. Accordingly,
we shall direct that the question concerning representation which has
arisen be resolved by an election by secret ballot among the employees
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 Rela-
tions Act, and pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 3, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Winter and Com-
pany, 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, acting in this matter as agent for
the National Labor Relations Board, and subject to Article III, Sec-
tions 10 and 11, of said Rules and Regulations, among the employees
in the unit found appropriate in Section IV, above, who were-em-
ployed 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, and including employees in the armed forces of the United
States who present themselves in person at the polls, but excluding
any 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 or not they desire to be represented by United Aero-
nautical Wood Workers Local No. 101, affiliated with the Congress of
Industrial Organizations, for the purposes of collective bargaining.