Farrel-Birmingham Co., Inc.

National Labor Relations Board - Board Decisions

Aug 3, 1943

51 N.L.R.B. 1008 (N.L.R.B. 1943)

In the Matter Of FARREL-BIRMINGHAM COMPANY, INC. and UNITED
STEELWORKERS OF AMERICA, C. I. O.
Case No. 85700.Decided August 3, 19.43
Mr. Edward D. Flaherty , of Buffalo, N. Y., for the Company.
Messrs. James R. Carlton and Matthew Armstrong , of Buffalo,
N. Y., for the U. S. A.
Mr. Oliver Howard, of Buffalo, N. Y., for the Committee.
Mr. Robert E. Tillman , of counsel to the Board..
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by United Steelworkers of America, C. I.
0., herein called the U. S. A., alleging that a question affecting com-
merce had arisen concerning the representation of employees of Far-
rel-Birmingham Company, Inc., Buffalo, New York, herein called the
Company, the National Labor Relations Board provided for an ap-
propriate hearing upon due notice before Francis V. Cole, Trial Ex-
aminer. Said hearing-was held at Buffalo, New York, on July 13,
1943. The Company,-the U. S. A., and Farrel-Birmingham Shop
Committee, herein called the Committee,- appeared, participated, and
were afforded full opportunity to be heard, to examine and cross-
examine witnesses, and to introduce evidence bearing on the issues.
The rulings of the Trial Examiner made at the hearing are free
from prejudicial error and are hereby affirmed. All parties were
afforded opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Farrel-Birmingham Company, Inc., a Connecticut corporation,
operates two plants in Buffalo, New York, where it is engaged in the
manufacture of heavy machinery, gears, and rolls for the Army and
51 N. L. R. B., No. 158.
1008
FARREL-BIRMINGHAM COMPANY, INC. 1009
the, Navy. From July 1, 1942, to June 30, 1943, the Company used at
its Buffalo plants raw materials having an approximate value of over
$2,000,000, of which approximately 50 percent was shipped to the plants
from points outside the State of New York. During the same period,
the Company manufactured at its Buffalo plants finished products
having an approximate value of over $4,000,000, of which approxi-
mately 70 percent was shipped to points outside the State of New
York. The Company admits that it is engaged in commerce within
the meaning of the Act.
II. THE,ORGANIZATIONS INVOLVED
United Steelworkers of America is a labor organization affiliated
with the Congress of Industrial Organizations, admitting to member-
ship employees of the Company.
Farrel-Birmingham Shop Committee is an unaffiliated labor organ-
ization, admitting to membership employees of the Company'
HI. THE QUESTION CONCERNING REPRESENTATION
On or about June 4,1943, the U. S. A. wrote a letter to the Company
requesting recognition as the exclusive bargaining representative of
the Company's employees. The Company has refused to recognize
any labor organization not certified by the Board.
A statement of a Field Examiner of the Board, introduced in evi-
dence at the hearing, indicates that the U. S. A. represents a sub-
stantial number of employees in the unit hereinafter found to be
appropriate.2
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
We find, in accordance with a stipulation of the parties, that all pro-
duction and maintenance employees of the Company's Buffalo, New
York, plants, excluding office and salaried employees, guards, watch-
men, and all supervisory employees (including employees receiving a
lead man's bonus) with authority to hire, promote, discharge, disci-
pline, or otherwise effect changes in the status of employees, or effec-
tively recommend such action, constitute a unit appropriate for the
1 We find no merit in the contention of the U. S. A . that the Committee is not a labor
organization within the meaning of the Act.
2 The Field Examiner stated that the U . S. A submitted to him 325 designation cards, all
bearing apparently genuine original signatures , and that 271 of the cards bore signatures
of persons whose names appeared on the Company 's pay roll for June 12 , 1943, which listed
the names of 884 persons in the unit hereinafter found to be appropriate.
1010 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 our Direction of Elec-
tion herein, subject to the limitations and additions set forth therein.
The U. S. A. moved at the hearing that the name of the Committee
be not included on the ballot, on the grounds that it was not a labor
organization and had made no showing of representation. We have
found in Section II, supra, that the Committee is a labor organization.
While it is true that the Committee has presented no evidence of its
representation claims, the record indicates that the Committee has
handled employee grievances with the management for a period of
approximately 7 years, and that the present members of the Commit-
tee were chosen at an election in April 1943 in which over 400 employees
voted. We hold this to be a sufficient showing of interest to entitle
the Committee to a place on the ballot. Accordingly, the motion of
the U. S. A. to exclude the name of the Committee from the ballot
is hereby denied .3
DIRECTION OF ELECTION
By virtue of and pursuant to the 1)Pwer vested in the National Labor
Relations Board by Section 9 (c) of the National Labor Relations Act,
and pursuant to Article III, Section 9, of National Labor Relations
Board Rules and Regulations-Series 2, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Farrel-Birming-
ham Company, Inc., Buffalo, New York, 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 super-
vision of the Regional Director for the Third Region, acting in this
matter as agent for the National Labor Relations Board, and subject
to Article III, Section 10, of said Rules and Regulations, among the
employees in the unit found appropriate in Section IV, above, who
were employed 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 tempo-
rarily laid off, and including employees in the armed forces of the
8 The Committee expressed a preference at the hearing that its name appear on the
ballot as set forth in the Direction of Election.
FARREL-BIRMINGHAM COMPANY, INC. 1011
United States who present themselves in person at the polls, but
excluding those employees who have since quit or been discharged for
cause, to determine whether they desire to be represented by United
Steelworkers of America, C. I. 0., or by Farrel-Shop Committee, for
the purposes of collective bargaining, or by neither.
CHAIRMAN MILLis took no part in the consideration of the above
Decision and Direction of Election.
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