Locke Insulator Corp.

In the Matter of LOCKE INSULATOR CORPORATION and LOCAL 186, UNITED CONSTRUCTION WORKERS, DIVISION OF DISTRICT 50, UNITED MINE WORKERS OF AMERICA Case No. R-4793.-Decided February 6, 1943 Jurisdiction : insulator manufacturing industry. Investigation and Certification of Representatives : existence of question ; refusal to bargain; contract held no bar when identity of successor to representative originally certified three years before was a matter of unresolved dispute ; election necessary. Unit Appropriate for Collective Bargaining : all employees at one plant of com- pany, including machinists in the machine shop, firemen, oilers, water-tenders, engineers in the powerhouse, and all watchmen, but excluding uniformed guards, supervisory employees above the rank of pusher, and clerical employees. Weinberg c0 Green, by,Mr. Marry J. Green, of Baltimore, Md., for the Company. Mr. Con McLaughlin and Mr. Arthur G. Pilon, of Baltimore, Md., for the UCW-UMW. . Mr. Frank J. Bender, of Baltimore, Md., for the,CIO. Mr. Jack Myers, of Baltimore, Md., for the UERM. Mr. Louis Cokin, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by Local 186, United Construction Work- ers, Division of District 50, United Mine Workers of America, herein called the UCW-UMW, alleging that a question affecting commerce had arisen concerning the representation of employees, of Locke In- sulator Corporation, Baltimore, Maryland, herein called the Com- pany, the National Labor Relations Board provided for an appropri- ate hearing upon due notice before Earle K. Shawe, Trial Examiner. Said hearing was held at Baltimore, Maryland, on January 25, 1943. At the -commencement of the hearing the Trial Examiner granted motions of the Congress of Industrial Organizations, herein called the CIO, and United Electrical, Radio & Machine Workers of Amer- ica, herein called the UERM, to intervene. The Company, the 47 N L R. B., No. 44. 361 362 DECISIONS -OF NATIONAL LABOR RELATIONS BOARD UCW-UMW, the CIO, and the UERM appeared and participated at the hearing., All parties 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. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY Locke,Insulator Corporation is a Maryland corporation with its principal place of business at Baltimore, Maryland, where it is engaged in the business of manufacturing, selling, and distributing electrical insulators and electrical and mechanical porcelain and metal attachments. The principal raw materials used by the Company are clay, feldspar, and flint. The Company spends approximately $1,000,000 annually for raw materials, about 80 percent of which is shipped to it from points outside the State of Maryland. The Com- pany sells finished products valued at about $1,800,000 annually, approximately 85 percent of which is shipped to points outside the State of Maryland. The Company admits that it is engaged in commerce within the meaning of the National .Labor Relations Act. H. THE ORGANIZATIONS INVOLVED Local 186, United Construction Workers, Division of District 50, United Mine Workers of America, is a labor organization admitting to membership employees of the Company. Congress of Industrial Organizations is a labor organization admit- ting to membership employees of the Company. United Electrical, Radio & Machine Workers of America is a labor organization affiliated with the Congress of Industrial Organizations, admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION On August 21, 1939, the Board certified Brick & Clay Workers Local Industrial Union #936, C. I. 0., herein called the Clay Workers, as exclusive bargaining representative of the employees involved herein. Thereafter the Company and the Clay Workers entered into an exclusive bargaining contract which expired in December 1940. During 1940 the CIO transferred jurisdiction over the employees in- 1 Although International Association of Machinists , International Union of Operating Engineers, Local 272 , and International Brotherhood of Operative Potters were served with notice of hearing, they did not appear. LOCKE INSULATOR CORPORATION 363 volved from the Clay Workers to United Construction Workers Organizing Committee, Local No. 186, herein called the UCWOC. In December 1940, the Company and the UCWOC entered into an exclusive contract which expired on February 1, 1942. On that date, the Company and the UCWOC executed a new agreement which ex- pired on February 1, 1943. On June 4, 1942, certain officials of the UCWOC and District 50, United Mine Workers of America, executed an agreement purporting to affiliate with District 50 the local unions established by the UCWOC and thereby creating the UCW-UMW. On June 11, 1942, the CIO dissolved the UCWOC. On July 22, 1942, the CIO transferred jurisdiction over the employees involved herein to the UERM. On August 22, 1942, the UERM advised the Company that it was the successor to the UCWOC and requested the Company to recognize it as exclusive bargaining agent of the Company's employees. On December 16, 1942, the UCW-UMW requested the Company to negotiate with it for a new contract to go into effect on February 1, 1943. On December 21, 1942, the Company refused this request, stating that it would not bargain with either the UCW-UMW or the UERM until such time as the dispute was resolved. A statement of the Regional Director, introduced into evidence at the hearing, indicates that the UCW-UMW represents a substantial number of employees in the unit hereinafter found to be appropriate? The UERM contends that it is the legitimate successor to the UCWOC and the Clay Workers and that, as such, it is entitled to recognition as the exclusive representative pursuant to the Board's certification of August 21, 1939; and that its certification constitutes a bar to a present determination of representatives. The UCW- UMW claims that it is the successor to the UCWOC but desires that an election be held. None of the' parties contends that the contract of February 1, 1942, constitutes a bar to a present determination of representatives. It should be noted that the certification that the UERM pleads as a bar to this proceeding is more than 3 years old. Further, the conflicting claims of the UCW-UMW and the UERM establish that there is an unresolved doubt with respect to the identity of the labor organiza- tion which the employees have chosen to represent them. Under all 2 The Regional Director reported that the UCW-UMW presented 445 membership appli- cation cards bearing apparently genuine signatures of persons whose names appear on the Company' s pay roll of December 27, 1942. There are 784 employees in the appropriate unit. The Trial Examiner reported during the course of the hearing that the UERM presented 48 membership application cards bearing apparently genuine signatures of persons whose names appear on the Company's pay roll of December 27, 1942 364 DEC°_'SLONS OF NATIONAL LABOR RELATIONS BOARD the circumstances, we shall resolve the dispute which has arisen by an election by secret ballot.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 We find, in accordance with a stipulation of the parties, that all employees at the Baltimore plant of the Company, including ma- chinists in the machine shop, firemen, oilers, water-tenders, engineers in the powerhouse, and all watchmen, but excluding uniformed guards, supervisory employees above the rank of pu-her, and clelical employees, constitute a unit appropriate for the purposes of collective bargaining, within the meaning of Section 9 (b) of the Act.4 V. THE DETERMINATION OF REPRESENTATIVES We find that the question concerning representation which has arisen can best be resolved by means of an election by secret ballot. The UCW-UMW urges that the pay roll of December 27, 1942, be used to determine eligibility to vote. The UERM contends that a current pay roll should be used for that purpose. The Company takes no position. Inasmuch as no reason appears why we should depart from our usual practice, we shall direct that the employees eligible to vote shall be those within 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 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 Locke Insulator Corporation, Baltimore, Maryland, an election by secret ballot shall be conducted,as early as possible, but not later than thirty (30) days i See 'Matter of Bi enizer Trucking Company, et al. and United Paving and Building Supply Workers Local Industrial Union, No. 1221, C. 1 0, 44 N. L. R B 810; Matter of Harbison-Walker Refiactories Company and United Clay Products Workers, Local In- dustrial Union No 1205, et al, 44 N. L R B. 816. 4 This is substantially the same unit that is ptovided for in the contracts alluded to above. LOCKE INSULATOR CORPORATION 365 fiom the date of this Direction, under the direction and supervision of the Regional Director for the Fifth 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 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 local 186, United Construction Workers, Division of District 50, United Mine Workers of America, or by United Electrical, Radio & Machine Workers of America, affiliated with the Congress of Industrial Organ- izations, for the purposes of collective bargaining, or by neither. 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