Corcoran Metal Products Corp.

In the Matter of COTZCORAN METAL PRODUCTS CORPORATION and UNITED ELECTRICAL, RADIO AND MACHINE WORKERS OF AMERICA, C. I. O. Case No. R-4372.-Decided Novembe/ 7, 194 Jurisdiction : refrigerating and heating equipment manufacturing industry. Investigation and Certification of Representatives : existence of question: re- fusal to grant recognition to any union until certified by the Board ; election necessary , Unit Appropriate for Collective Bargaining : all production and maintenance employees ; employees who were previously watchmen and boiler tenders and now solely engaged as boiler operators included in unit. Mr. Fae W. Patrick, of Indianapolis, Ind., for the Company. Mr. William Sentner, of St. Louis, Mo., and Mr. James Payne, of Evansville, Ind., for the U. E. Mr. Hugh Gormley and Mr. T. N. Taylor, of Indianapolis, Ind., for the Federal Union. Mr. William C. Baisinger, Jr., of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by United Electrical, Radio and Machine Workers of America, C. I. 0., herein called the U. E., alleging that a question affecting commerce had arisen concerning the representa- tion of employees of Corcoran Metal Products Corporation, Wash- ington, Indiana, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due no- tice before Arthur R. Donovan, Trial Examiner. Said hearing was held at Washington, Indiana, on October 13, 1942. The Company, the U. E., and 'Federal Union No. '21364, A. F. of L, herein called the Federal Union, 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 Exam- iner's rulings made at the hearing are free from prejudicial error and are hereby affirmed. 45 N. L. R. B., No. 66. . 439 440 DECISIONS' OF NATIONAL LABOR RELATIONS BOARD On October 26, 1942, the U. E. filed a brief which has been con- sidered by the Board. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Corcoran Metal- Products Corporation is an Indiana corporation engaged at Washington, Indiana, in the manufacture of unit heaters, refrigeration condensers, spiral fin tubing and water can closures. - During the 12-month period ending July 31, 1942, the Company pur- chased raw materials, consisting of steel, copper, brass, tin, and lead, valued at approximately $750,000, 90 percent of which was shipped to the Company from points outside the State of Indiana. During the same' period the Company sold $1,274,128.92 worth of finished prod- ucts, 90 percent of which was shipped to points outside the State of Indiana. The Company admits it is engaged in interstate com- merce within the meaning of the National Labor Relations Act. II. THE ORGANIZATIONS INVOLVED United Electrical, Radio and Machine Workers of America is a labor organization affiliated with the Congress of Industrial Organi- zations. It admits to membership employees of the Company. Federal Union No. 21364 is a labor organization affiliated with the American Federation of Labor. It admits to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION On or about August 20, 1942, the U. E. requested the Company to recognize it as the exclusive bargaining agent for certain of the Company's employees. The Company refused to recognize the U. E. unless and until it was certified by the Board. The Federal Union contends that a contract between it and the Company is a bar to a determination of representatives. Since 1937 the Company and the Federal Union have had collective bargaining contracts. The contract involved herein is dated Sep- tember 25, 1941, and by its terms is to continue annually after the ef- fective date unless a 30 days' notice is given in writing by either party prior to any annual date of the desire to change or amend the same. On August 25, 1942, the Company received a letter purporting to be from the Secretary of the Federal Union addressed to the manage- ment of the Company and containing the statement that the Federal Union was thereby notifying the Company of its desire to revise CORCORAN -METAL PRODUCTS CORPORATION 441 the contract for the coming year. The Federal Union contends that David Wiggs, who signed the aforementioned letter, was suspended, as well as other officers of the Federal Union, by the Regional Director of the A. F. of L., at a meeting held on August 24, 1942. Thereafter an-A. F. of L. organizer assumed control and direction of the Federal Union and has continued to act in this capacity up to the time of this proceeding. The Company became aware of the suspension of Wiggs shortly after August 24. The Federal Union argues that the pur- ported notice given by WWriggs on August 25 was unauthorized and illegal since he was no longer an officer of the Federal Union and, consequently, that the contract between the Company and the Federal Union was renewed and is still in effect and constitutes a bar to an elec- tion at this time. We find that the contract is not a bar, since the U. E. gave notice of its claim prior to the renewal date. A statement of the Regional Director, introduced into evidence at the hearing, indicates that the U. E. represents a substantial number of employees in the unit hereinafter found to be appropriate? We find that a , question affecting commerce has arisen concerning the representation of the employees of the Company, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act. IV. THE APPROPRIATE UNIT Both unions contend that the appropriate unit should comprise all employees of the Company excluding foremen, plant guards, cleri- cal and office help and those persons employed in an executive capacity. This is substantially the same unit as covered by the Federal Union's contract. The sole controversy concerning the unit is with respect to the boiler operators, whom the Company would exclude and the unions would include. There are four employees included in this classifica- tion. They have never been bargained for by the Federal Union since, until recently, they were classified as watchmen. At that time their duties were to guard the plant and to tend the plant boilers. The Company now employs plant guards, who have been assigned the plant-protection duties previously performed by the watchmen. The four former watchmen now act only as boiler operators. The Company desires their exclusion from the unit-so that in the event of a strike, they could remain in the plant to maintain the, steam pressure of the plant's boilers. Since it appears that the four boiler 'The statement of the Regional Director shows that the U. E . submitted to him 228 authorization cards , -all dated in August 1942, all of which appear to bear genuine original signatures and 219 of which are names of persons whose names are on the Company's pay roll of September 3, 1942. This pay roll contains the names of 330 persons in the appro- priate unit . The Federal Union relies on its contract with the Company to substantiate its claim of representation - - -- - 442 DECISIONS OF NATIONAL LABOR RELATIONS BOARD operators are now working solely as maintenance employees,_we shall include them in the unit. We find that all employees of the Company, including boiler oper, ators, but excluding foremen, plant guards, clerical and office help, and those persons employed in an executive capacity, '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 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 the Direction of Elec- tion 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 2, as amended, it is hereby DIRECTED that, as, part of the investigation to ascertain representa- tives for the purposes of collective bargaining with Corcoran Metal Products Corporation, Washington, Indiana, 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 Eleventh Region, acting- in this matter as agent for the National Labor Relations Board, and subject to Article III, Section 10, of said Rules and Regu-' lations, among the employees in the unit found appropriate in Sec- tion IV, above, who were employed during the pay-roll period imme- diately preceding the date of this Direction, including any such em-' ployees who did not work during said pay-roll period because they were ill or on vacation or in the active military service or training of the -United States, or temporarily laid off, but excluding any who have since quit or been discharged for cause, to determine whether they desire to be represented by United Electrical, Radio and Machine Workers of America, affiliated with the Congress of Industrial Or- ganizations, or by Federal Union No. 21364, affiliated with the,Amer- ican Federation of Labor, 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.