Fort Pitt Malleable Iron Co.

In the Matter of FORT PITT MALLEABLE IRON COMPANY and PATTERN MAKERS LEAGUE OF NORTH AMERICA, (AFL) Case No. R-4926.-Decided March 30, 19%x.3 Jurisdiction : iron products manufacturing industry. Investigation and Certification of Representatives : existence of question: ' re- fusal to accord petitioner recognition ; contract in effect for more than one year and terminable,on ten days' notice, no bar; election necessary. Unit Appropriate for Collective Bargaining : determination of whether pattern makers shall constitute a separate bargaining unit or remain part of an existing industrial unit, held dependent upon election. Mr. J. Reynolds Smith, of Pittsburgh, Pa., for the Company. Mr.,C. D. Madigan, of Cleveland, Ohio, and Mr. Paul A. Gareis, of Pittsburgh, Pa., for the Pattern Makers League. Mr. Morris Mallinger and Mr. Ernest J. Nassar, of Pittsburgh, Pa., and Mr. R. J. Gaitens, Jr., of Oakdale, Pa., for.the United. Mr. A. Sumner Lawrence, of counsel to the Board. , ' DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by Pattern Makers League of North Ainer- ica., (AFL), herein called the Pattern Makers League, alleging that a question affecting commerce had arisen concerning the representation of employees of Fort Pitt Malleable Iron Company, McKees Rocks, Pittsburgh, Pennsylvania, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Henry Shore, Trial Examiner. Said hearing was held at Pittsburgh, Pennsylvania, on February 25, 1943. The Company," the Pattern Makers League, and United Steelworkers of America, Local 1703, affiliated with the Congress of Industrial Organizations, herein called the United, 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 48 N. L R. B., No. 93. 818 FORT PITT MALLEABLE IRON COMPANY 819 • I and are hereby affirmed. The Company filed a brief which has been _,duly considered by the Board. Upon the entire record in the case, the Board makes the following: FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY Fort Pitt Malleable Iron Company, a Pennsylvania corporation, has its office and principal place of business in McKees Rocks, Pittsburgh, Pennsylvania, where the Company is engaged in the manufacture of malleable iron products. During the year 1942, the Company pur- chased for • use at its McKees Rocks plant, raw materials of the ap- proximate value of $200,000, of which approximately 44 percent was obtained from points outside the Commonwealth of Pennsylvania. 'During the same period, the Company's sales of finished products from its McKees Rocks plant amounted in value to approximately '$450,000, of which approximately 33 percent, was shipped to, points outside the Commonwealth of Pennsylvania. The Company, em- ploys approximately 384 production employees, including ' 14 pattern makers and apprentices. ` II. THE ORGANIZATIONS INVOLVED Pattern Makers League of North America is, a labor organization affiliated with the American Federation of Labor, admitting to mem- bership pattern makers employed by the Company. United Steelworkers of America, Local 1703, is a labor organization affiliated with the Congress of Industrial Organizations, admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION On September 28 and October 23, 1942, respectively, the Pattern Makers League requested the Company to recognize it as the sole bar- gaining representative of the pattern makers and apprentices employed 'by the Company. The Company, however, declined to grant-the-re- quest upon the ground that it had a contract with the United which precluded the granting of recognition. The contract, which is dated October 26,• 1939, with a supplement dated December 1940, provides that it' shall continue in operation unless either party gives the other 10 days' notice in writing for the purpose of negotiating changes and that if changes are not, agreed upon within 20 days, the agreement shall terminate. Since the con- tract has already been in existence for more than 1 year and is termina- 521247-43-vol 48-53 820 DECISIONS OF. NATIONAL LABOR RELATIONS BOARD ble upon notice, it does not constitute a bar to the present proceedings.1 A statement of the Regional Director; introduced in evidence, indi- cates that the Pattern Makers League and the United each represent a substantial number of pattern makers employed by the Company.2 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 National Labor Relations Act. - IV. TM APPROPRIATE UNIT; THE DETERMINATION OF REPRESENTATIVES The Pattern Makers League requests a unit of all pattern makers and pattern` makers' apprentices employed by the Company, excluding foremen. The Company and the, United contend that a plant-wide 'industrial unit, including pattern makers and apprentices, is the appropriate unit. I Prior to 1937, there was substantially no collective bargaining in the Company's plant, all grievances being handled on an individual basis, although there is some evidence, that committees of pattern makers obtained some wage increases from the management during this,period. In 1937 the United (then known as the Steel Workers. Organizing Committee) began organization on a plant-wide basis and- in July 1938 obtained a members-only contract, covering employees throughout the plant. This contract was followed in October 1939• by -a similar contract between the Company and the United. In Au- gust 1940, the Pennsylvania State Labor Board conducted an election at the plant and thereafter certified the United as exclusive bargain- ing representative for all employees excluding watchmen, salaried employees' and certain supervisory employees. While the Pattern Makers League was not a party to this State Labor Board proceeding or to the election which followed, the pattern makers voted in the election. Subsequent to its certification by the State Labor Board, the United entered into a supplementary agreement with the 'Com- pany whereby the United was recognized as exclusive bargaining agent for the industrial unit covered by the certification. From 1937 to 1 See Matter of S. A. Agnew, doing business as S..4. Agnew Lumber Go, and Jahn Carns, J. P. Gunther, George Null and Ernest Olson, contractors for S. A. Agnew and Local 3-49, International Woodworkers of America, C I. 0., 44 N. L. R. B 1253. 2 The Regional Director reported that the Pattern Makers League had submitted 14 signed proposal for membership cards, of which 13 were dated September 17, 1942, and 1 dated October 15, 1942 ; that of the 14 cards all appeared to bear the genuine, original sig- natures of persons whose names appear on the Company's pay roll of December 16, 1942, containing the names of 14 employees within the alleged appiopuate unit The Regional Director further reported that the United had submitted 11 signed appli- cation for membership cards, 10 dated between April 1937 and November 1940, and 1 undated ; that of 11 cards all appeared to bear the genuine, ouguial signatures of persons whose names appear on the said pay roll of December 16, 1942, containing the names of 14 employees within the alleged appropriate, unit. FORT PITT MALLEABLE IRON COMPANY 821 the latter part of 1941 or early part of 1942, the pattern makers made no attempt to bargain with the Company on any 1?asis other than through the United and at one time elected two of their members to the office of president and vice president of the United local. The lat- ter has bargained collectively for all employees including pattern makers and has obtained a number of wage increases on a plant-wide basis, including a recently negotiated increase still awaiting approval -by the Wage and Hours Division of the Department of Labor. It was admitted by the Pattern Makers League that the work of the pattern makers is dependent upon the operation of the rest of the plant. It was also undisputed that the pattern makers are paid on an hourly basis, the same as the, other production employees . These facts to- gether. with the above history support the feasibility of an industrial unit, as sought by the United. Other facts , however, favor`a separate unit for the pattern makers. While it appears that most of the pattern iiiakers and apprentices joined the United in the early period of the Tatters organizational activity, and that few if any of the pattern makers were members of the Pattern Makers League prior to September 1942, .it is undisputed 'that practically all of the pattern. makers are now' members, of the Pattern Makers League and that none are now paying membership' dues to the United. Moreover , the record shows that during the period of their association with the United, the relations between the pattern makers and the United were not harmonious . The evidence indicates that the pattern makers' request for a substantial increase in wages to bring their scale up to that of pattern makers in the industry gen- erally, was never adjusted by the United to the satisfaction of the pattern makers . Because of their failure to obtain satisfaction in this respect through the United, most of the pattern makers decided about 2 years prior to the date , of the hearing, to discontinue; they pay- ment of dues to the United. In'addition , the pattern makers formed a committee in the latter part of 1941 or early in 1942 in an attempt at separate negotiations with the Company . Upon the refusal of the Company to deal ,with the pattern makers' committee by reason of the existing contract with the' United, the pattern -makers made no fur- ther attempt to obtain satisfaction of their wage grievance through the United. - Thereafter on or about October 14,1942, 13 pattern makers and their apprentices signed a petition addressed to the Board, stating that they repudiated the United as their bargaining representative, and requesting the Board to set them aside as a separate unit and declare the Pattern Makers League to be the sole and exclusive bargaining agent for such unit . Likewise in October of 1942, on or about the date that the pattern makers understood to be the expiration date of the industrial contract , the Pattern Makers League notified both 822 'DECISIONS OF NATIONAL LABOR RELATIONS BOARD the Company and, the United that it desired to have the Company's pattern makers excluded from- the next contract between the Com- pany and the United. It is undisputed that the pattern makers em- ployed by the Company are the most highly skilled employees in the' plant and receive the highest rate of pay. Their work is performed in a building separate from that of the other production employees and under a separate foreman. The Board has• frequently held 'that pattern making is a distinct craft, the members of which form a clearly definable unit.3 Under the circumstances, we are of the opinion that the facts presented in this case are comparable,to those in Matter. of Bethlehem Steel Company (Shipbuilding Division) and Pattern Makers League - o f North America, New York Association,4 and call for a similar -con- clusion is e., "that the considerations are sufficiently balanced to make the desires of the pattern makers themselves controlling in own deter- mination of the type of unit through which they shall bargain." `Ve shall direct that the question concerning representation which has arisen be resolved by an election by secret ballot among all pat- tern makers and pattern.makers' apprentices, excluding foremen, who were employed by the Company during the pay-roll period im- mediately preceding the date of our Direction of Election, subject to the limitations and additions set'forth therein, 'to determine whether they desire to be represented by the Pattern Makers League, or by the'United, or by neither. If a majority of the pattern makers select the Pattern Makers League as their representative, they will consti- tute a separate and distinct unit; if a majority of them choose the United, then they shall be considered a part of the present industrial unit. 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, Sections 9 and 10, 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 Fort Pitt-Malle- able Iron Company, McNees Rocks, Pittsburgh, Pennsylvania, 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 of 3 See, Matter of General Motors Corporation, Eastern Aircraft, Linden Division and Pat- tern Makers 'League of North America, A. F. of L, 44 N. L. R. B. 513 and cases cited therein . ''440-1\1. L. R. B. 922. See also Matter of The Goodyear Aircraft Corp. and Pattern Makers League of-North America-(AFL), 45'N L R. B 298 ' 1 FORT PITT MALLEABLE IRON OOMPANY 823 Election, under the direction and supervision of the Regional Direc- tor 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 pattern makers and pattern makers' apprentices of the Company who were employed during the pay-roll period immediately preceding the date of this Direction, including employees who did not work during such 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 foremen and any employees who have since quit or been discharged for cause, to determine whether they desire to be represented by Pattern Makers League of North America, (AFL) or by United Steel Workers of America, Local 1703, affiliated with the Congress of Industrial Organizations for the purposes of collective bargaining, or by neither.