Goldberg Brothers Manufacturing Co.

National Labor Relations Board - Board Decisions

Feb 28, 1949

81 N.L.R.B. 1037 (N.L.R.B. 1949)

In the Matter of Louis B. GOLDBERG, NATHAN GOLDBERG, JACOB M.
GOLDBERG AND WILLIAM GOLDBERG, A PARTNERSHIP, D/B/ GOLDBERG
BROTHERS MANUFACTURING COMPANY, EMPLOYER and INTERNA-
TIONAL ASSOCIATION OF MACHINISTS, LOCAL No. 47, PETITIONER
Case No. 3O-RC-11O.-Decided February 28,1919
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, a hearing was held before a hearing offi-
cer of the National Labor Relations Board. The hearing officer's
rulings made at the hearing are free from prejudicial error and are
hereby affirmed.
Pursuant to the provisions of Section 3 (b) of the National Labor
Relations Act, the Board has delegated its powers in connection with
this case to a three-man panel, consisting of the undersigned Board
Members.*
Upon the entire record in this case, the Board finds :
1. The Employer, a partnership doing business as Goldberg
Brothers Manufacturing Company, is engaged in commerce within
the meaning of the National Labor Relations Act.
2. The Petitioner, and Chauffeurs, Teamsters & Helpers Local Union
No. 13, International Brotherhood of Teamsters, Chauffeurs, Ware-
housemen & Helpers of America, A. F. of L., herein called the Inter-
venor, are labor organizations claiming to represent employees of
the Employer.
3. A question affecting commerce,exists concerning the representa-
tion of employees of the Employer, within the meaning of Section
9 (c) (1) and Section 2 (6) and (7) of the Act.
4. The appropriate unit ; the determination of representatives :
The Petitioner seeks to represent a unit consisting of all employees in
the reel assembly and production department of the Employer's Den-
ver, Colorado, plant, including reel assemblers, painters, washers,
packers, shipping and receiving clerks, helpers and laborers, but ex-
* Chairman Herzog and Members Reynolds and Gray.
81 N. L. R. B., No. 160.
1037
1038 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
eluding truck drivers and supervisors. It appears from the record
that the Petitioner is seeking to add these employees to the existing
unit which it now represents and to form a single, plant-wide produc-
tion and maintenance unit, excluding only the employees above noted.
The Intervenor contends that only separate units, as now constituted,
are appropriate. The Employer assumes no position as to the ap-
propriateness of plant-wide or separate units, but prefers to continue
to deal with its employees within the framework of the two units
which now exist.
The Employer employs approximately 100 employees, of whom 70
are now represented by the Petitioner in a unit of skilled machinists,
tool and die makers, shear operators, and punch-press operators. The
remaining group of about 30 semi-skilled and unskilled employees
are represented by the Intervenor in a unit which is composed of the
employees here sought to be represented by the Petitioner. For 5
or 6 years before 1946, the Petitioner and intervenor bargained to-
gether for the employees in both these units, and executed joint con-
tracts in their behalf. Since 1946, however, the unions have nego-
tiated separately and separate contracts have been executed.
The Employer manufactures metal stampings, primarily motion
picture reels and cans. Raw materials shipped to the plant are un-
loaded by laborers, helpers, washers and degreasers, who are part of
the unit represented by the Intervenor. These materials are then de-
livered to the employees in the unit represented by the Petitioner,
to be sheared, punch-pressed, stamped, and formed. The fabricated
products are thereafter transferred to a separately located room in
the main plant building, which houses all the employees in the In-
tervenor's unit,' where they are washed, sheared, degreased, spray-
painted, dried, and boxed and packed for shipment by these employees.
The existing units are coextensive with divisions in the Employer's
administrative organization of its plant. Employees in the two units
are separately supervised, and there is no interchange between them.
However, the hours of work, conditions of employment, vacations,
and insurance benefits are the same for all employees in the plant.
All are hourly paid. The Employer manufactures primarily a
single type of product, employing a series of related operations in
which all its employees participate.
In view of the foregoing facts, we believe that all the employees
herein may be included in a single plant-wide production and main-
There are three or four small punch presses in this room operated by employees from
the Petitioner ' s unit These operations are not related to the activities performed in this
room by the employees in the Intervenor 's unit.
GOLDBERG BROTHERS MANUFACTURING COMPANY 1039
tenance unit such as we have customarily found to be appropriate?
On the other hand, in view of the history of employee representation
in separate units conforming to the Employer's administrative pat-
tern, and in the absence of circumstances compelling a departure
therefrom, we believe that the employees also may appropriately
continue to be represented, if they so desire, in separate units.3 We
shall therefore make no final determination at this time of the appro-
priate unit or units, but shall first ascertain the desires of these
employees in the election hereinafter directed.
We shall direct that an election by secret ballot be held among
the employees in the reel assembly and production department of
the Employer's Denver, Colorado, plant including reel assemblers,
painters, washers, packers, shipping and receiving clerks, helpers,
laborers, and the truck driver,4 but excluding supervisors as defined
by the Act, to determine whether they desire to be represented by the
Petitioner or the Intervenor. If in this election the employees select
the Intervenor, they will be taken to have indicated a desire to con-
stitute a separate bargaining unit; if they select the Petitioner, they
will be taken to have indicated a desire to become part of a plant-wide
production and maintenance unit.
DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with the Employer, an election by
secret ballot shall be conducted as early as possible, but not later than
30 days from the date of this Direction, under the direction and super-
vision of the Regional Director for the Region in which this case
was heard, and subject to Sectibns 203.61 and 203.62 of National Labor
Relations Board Rules and Regulations-Series 5, as amended, among
the employees in the voting group described in paragraph 4, above,
who were employed during the pay-roll period immediately preceding
the date of this Direction of Election, including employees who did
not work during said pay-roll period because they were ill or on
vacation or temporarily laid off, but excluding those employees who
have since quit, or been discharged for cause and have not been rehired
2 Matter of Sheffield Iron & Steel Company, 77 N. L. R. B . 998 ; Matter of Rome Machine
& Foundry Company, 71 N L. R. B 961
3 Matter of Carolina Power & Light Company, 80 N L. R. B. 1321 ; Matter of Peter-
sen and Lytle , 60 N. L. R B. 1070.
" We shall include the truck driver, whom the Petitioner seeks to exclude . Not more
than half his time is spent operating the one truck owned by the Employer , while he works
during the remainder of his time as a laborer or helper with the employees in the Intervenor's
unit. Matter of Peal Manufacturing Company , 80 N. L R B 827.
1040 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
or reinstated prior to the date of the election, and also excluding em-
ployees on strike who are not entitled to reinstatement, to determine
whether they desire to be represented, for purposes of collective bar-
gaining, by International Association of Machinists, Local No. 47, or
by Chauffeurs, Teamsters & Helpers Local Union No. 13, International
Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers of
America, A. F. L., or by neither.