Fraser-Brace Engineering Co., Inc.

National Labor Relations Board - Board Decisions

Apr 9, 1943

48 N.L.R.B. 1052 (N.L.R.B. 1943)

I
In the Matter , of FRASER-BRACE ENGINEERING Co., INC. and. GENERAL
TEAMSTERS , DEL VERYMEN AND.HEI.PERs , LocAL No. - 564, AFFILIATED
WITH THE A. F. OF L.
Case No. R-5063.Decided April 9,1943
Jurisdiction : ordnance manufacturing industry.
Investigation and Certification of Representatives : existence of question: re-
fusal to accord petitioner recognition until certified by the Board ; eligibility
determined by customary pay-roll period notwithstanding anticipated reduction
in personnel ; election necessary.
Unit Appropriate for Collective Bargaining : bus drivers and bus dispatchers, ex-
cluding supervisory employees ; stipulation as to.
Messrs. C. R. Kammerer and Arden D. Mook, both of Meadville,
Pa., for the Company.
. Messrs. A. T. Triola and F. L. Alexander, both of Meadville, Pa.,
and Mr. M. J. Walch, of Pittsburgh, Pa., for the Teamsters.
Mr. David V. Easton, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon ;petition duly filed by General Teamsters, Deliverymen and
Helpers, Local No: 564, affiliated with the A. F. of L., herein called
the Teamsters, alleging that a question affecting commerce had arisen
concerning the representation of employees of Fraser-Brace Engi-
neering Co., Inc., Meadville, Pennsylvania, (Keystone Ordnance
Works), herein called the Company, the National Labor Relations
Board provided for an appropriate hearing upon due notice before
W. G. Stewart Sherman, Trial Examiner. Said hearing was held at
Meadville, Pennsylvania, on March 26, 1943. The Company and the
Teamsters 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 Trial Examiner's rulings made at
the hearing are free from prejudicial error and are hereby affirmed. -
48 N. L. R. B., No. 129.
1052
FRASEER-BRACE `ENGINEERPNG '_Co., INC:T_ 1053
Upon the entire : record • in the case;,the Board makes.the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY.
Fraser-Brace,Engineering Co., Inc., a New Hampshire corporation,
operates a plant at "Geneva, Pennsylvania, known as the Keystone
Ordnance Works which is engaged in the manufacture, sale, and dis-
tribution of high explosives for the armed services of the United
States Government. For -the 7-month period preceding February' 39
1943, the-Company received raw materials and chemicals for the' use
of its Geneva plant valued in excess of $900,000, of which approxi-
mately 80 percent was shipped from points outside the State of Penn-
sylvania. ' During the same period the plant manufactured finished
products valued in excess of $2,500,000, of which approximately 100
percent was sold and transported to points outside the State of Penn-
sylvania. The Company admits that it is engaged in commerce within.
the meaning of the National Labor Relations Act.
H. THE ORGANIZATION INVOLVED
General Teamsters, Deliverymen and Helpers, Local No. 564,' is a
labor organization affiliated with the American Federation of Labor,
admitting to membership employees of the Company..
III. THE QUESTION CONCERNING REPRESENTATION
The Company refuses to recognize the Teamsters until there has
been a certification by the Board. ,
A statement of the Regional Director, introduced into evidence at
the hearing, indicates that the Teamsters represents a substantial num-
ber 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.
IV. THE APPROPRIATE UNIT
In accordance with the stipulation of the parties, we find that-all
bus drivers -and bus dispatchers employed by the Company, excluding
all supervisory employees, constitute. a unit appropriate for the pur-
poses of collective bargaining within the meaning of Section 9 (b) of
the Act.,
i The Regional Director reported that the Teamsters submitted 68 application cards bear-
ing apparently genuine original signatures and containing the names of persons appearing
upon the Company's pay roll of February 5, 1943 This pay roll contained 85 employees
in the appropriate unit.
1054 . DECISIONS OF NATIONAL LABOR RELATIONS BOARD.
'V. 'THE ,DETER-IIINATION OF REPRESENTATIVES
We shall, in accordance ' with our usual procedure, direct that' the
question concerning representation which has arisen be resolved by an
election by secret ' ballot among the employees in the appropriate unit.
The Teamsters, contends' that the date as of which eligibility to vote
in'the election is determined should be March 26, 1943, the date of the
hearing herein , basing its contention upon the fact that the Company
:anticipates a reduction in personnel among the employees in the unit
-set out hereinabove . We do not regard this contention as a sufficient
reason for departing from our usual practice , and, in accordance there-
with, shall direct that the election be held among the employees who
were employed during the pay-roll period immediately preceding the
date of the Direction of Election , subject to the limitations .and addi-
tions set forth therein.
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,
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 Fraser-Brace Engi-
neering Co ., Inc., Meadville , Pennsylvania, (Keystone Ordnance
Works), an election by secret ballot shall be conducted as early as possi-
ble, but not later than thirty ( 30) days from the date of this Direction,
under the direction and supervision of the Regional Director for the
Sixth 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 any such
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 per-
son at the polls, but excluding any who have since quit or been dis-
charged for cause, to determine whether or not they desire to be repre-
sented by General Teamsters , Deliverymen and Helpers , Local No. 564,
affiliated with the American Federation of Labor , for the purposes of
collective bargaining.