Joseph P. Cattie & Brothers, Inc.

In the Matter of JOSEPH P. CATTIE & BROTHERS , INCORPORATED and INTERNATIONAL UNION OF MINE, MILL & SMELTER WORKERS, C.I.O. Case No. R-4713.-Decided January 29, 1943 Jurisdiction : iron and steel galvanizing industry. Investigation and" Certification of Representatives : existence of question:,re- fusal to bargain because of alleged existing contract; contract held no bar to, when orally. agreed upon prior to petitioner's giving notice of claims, but not signed or reduced to writing until after such notice was given ; 'election necessary. - - Unit Appropriate for Collective Bargaining : all production and maintenance employees, including employees in- the shipping department and watchmen, with specified exclusions ; stipulation as to. Mr. Joseph B. ,Quinn, of Philadelphia, Pa., for the Company. Mr. Louis F. McCabe and Mr. Victor R. Osuchowski, for the, C. I. O. Mr. Benjamin R. Simons, of Philadelphia, Pa., for the Council. Mr. Seymour J. Spelmzan, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT. OF THE CASE Upon petition duly filed by International Union of Mine, Mill & Smelter Workers, C. I. 0., herein called the C. I. 0., alleging that a question affecting commerce had arisen concerning the representation of employees of Joseph P. Cattie , & Brothers , Incorporated, Phila- delphia, Pennsylvania, herein called the Company, 'the National Labor Relations Board provided for an appropriate hearing upon due notice before Geoffrey J. Cuniff , Trial Examiner . Said hearing was held in Philadelphia , Pennsylvania, on December 30, 1942. The Company, the C. I. 0., and District Council of Philadelphia and Vicinity of the International Hod Carriers , Building and Common Laborer's Union of America , herein called the Council , appeared, participated, and were afforded full opportunity to' be he ard, to examine and cross-examine witnesses, and to introduce evidence' 47 N. L R B, No. 14. 513024-43-vol 47-6 - 81 82 DECISIONS OF NATIONAL LABOR RELATIONS BOARD bearing, on the issues. The Trial Examiner's rulings made at the hearing are free from prejudicial error and are hereby affirmed. On January 18, 1943, the Company and the Council filed briefs which the Board has considered. Upon the entire record .in the case, the Board makes the following: FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY Joseph P. Cattie & Brothers, Incorporated, a Pennsylvania corpo- ration having its principal office and plant in Philadelphia, Peiinsyl- variia; is engaged in the business of galvanizing iron' and steel. Dur- ing 10$2, ,approximately, 25 percent of the materials shipped to the Company's Philadelphia plant for processing emanated from sources outside the Commonwealth of Pennsylvania. During the same pe- riod, approximately 75 percent of the processed materials were shipped from the Company's Philadelphia plant to paces outside the Com- monwealth of Pennsylvania. The Company concedes that it is -en- ,gaged in commerce within the meaning of the National Labor Relations Act. IT. THE ORGANIZATIONS INVOLVED International Union of Mine, Mill & Smelter Workers is a labor organization affiliated with the Congress of Industrial Organizations, admitting to membership employees of the Company. District Council of Philadelphia and Vicinity of the International Hod Carriers, Building and Common Laborers' Union of America is a labor organization comprising a number of locals of said Inter- national; including Local No. 57 which admits to membership em- ployees of the Company. III. THE QUESTION CONCERNING REPRESENTATION On November 29, 1940, the Company and the Council entered into a closed-shop contract covering production and maintenance em- ployees and providing for a 2-year term to November 18, 1942, with automatic renewal from year to year thereafter in the absence of sixty (60) days' written notice by either party thereto prior to any expiration date., , In September 1942, pursuant to a timely written notice by the Council, the parties entered into negotiations for a new contract and, on November 11, reached an accord on all terms. On November 17, after an organizational campaign among the Company's production 1 This 'contract was executed by the Council acting in behalf of Local 57. JOSEPH P. CATTIE & BROTHERS, INCORPORATED 83- and maintenance employees, the C. I. O. filed its petition herein, claiming to represent a majority of said employees. On the follow- ing day, the Company and the Council signed their new agreement, the Company having received notice of the C. I. O.'s petition prior to the signing of the written instrument. The Company and the Council contend that the agreement reached on November 11 and signed on November, 18 constitutes a bar to this proceeding. We do not agree. - In the recent Eicor case,- the Board stated that a collective bargaining agreement which has not been reduced to writing and signed before the assertion of the rival union's claim does not constitute a bar to a determination of representatives, since "experience has indicated that true stability of labor relations is not attained until collective agreements have been reduced to writing and signed." In the present case, the contract, of November 29, 1940, was precluded from being automatically -renewed by the Council's timely request for the negotiation of a new contract and, since the C. I. O. asserted its claim before the new agreement was signed, this agreement constitutes no bar to a present determination of representatives. A statement of the Acting Regional Director, introduced in evi- dence at the hearing, indicates that the C. I. O. represents a substan- tial number of employees in the unit hereinafter found appropriate 3 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 Except for a dispute with respect to one employee; Joseph Bar- ringer, the parties are agreed on the appropriate unit. The Company and the Council contend that Barringer should be excluded as a supervisory employee. Barringer is in charge of the "pickling" department, with three to six men under his supervision. The Com- pany's president testified that Barringer is held personally respon- sible for all matters pertaining to the pickling process, and it appears that Barringer has been excluded from the unit in the Council's contract. We shall exclude Barringer as a supervisory employee. We find, in accordance with the stipulation of the parties, that all production and maintenance employees of the Company, including employees in the shipping department and watchmen, but excluding 2 Matter of Eicor, Inc and District No 8, International Association of Machinists, A F. of L., 46 N L. R B. 1035 (January 12, 1943). 1The Rogional Director stated that the C. I. 0 submitted 82 authorization cards, all bearing app 'irently genuine original signatures , and dates in October and November 1942 ; of these, 73 bear the signatures of persons whose names appear on the Company's pay roll of November 17, 1942, which pay roll lists 155 employees in the unit hereinafter found appropriate. 84 DECISIONS OF NATIONAL. LABOR RELATIONS BOARD sons and brothers of officers of the Company, employees known as superintendents or assistant superintendents, two shippers, super-' visory employees who have the direct or indirect power to hire or discharge, clerical and office employees, and truck drivers, 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 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 I 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 Joseph P. Cattie & Brothers, Incorporated, Philadelphia, Pennsylvania, an election by secret ballot shalli 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 Fourth Region, acting in this matter as agent for the National Labor Rela- tions 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 em- ployees in the armed forces of the United States who present them- selves in person at the polls, but excluding any who have since quit or been discharged for cause, to determine whether they desire to be represented by International Union of Mine, Mill & Smelter Workers,. C. I. 0., or by District Council of Philadelphia and Vicinity of the International Hod Carriers, Building and Common Laborers' Union of America, for the purposes of collective bargaining, or by neither. 4 This is substantially the sameiunit provided for in the contract between the Company and the Council , referred to above