Tube Turns, Inc.

In the Matter of TUBE TURNS, INCORPORATED and INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL #369 (A. F. OF L.) Case No. 9-R-12,98.Decided February 29, 19y 1 Messrs. W. A. Willig and Courtney Noe, of Louisville, Ky., for the Company. Mr. H. H. Hudson,,of Louisville, Ky.,,and Mr. J. C. W ll i rn ora,; of Buechel, Ky., for the Union. - Mr. Joseph W. Kulkis, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF,TILE CASE Upon a petition duly filed by International Brotherhood of Elec- trical Workers, Local #369 (A. F. of L.), herein called the Union, alleging that a , question affecting commerce had arisen concerning the representation of employees of Tube Turns, Incorporated, Louis- ville, Kentucky, herein called the Company , the National Labor Re- lations Board provided for an appropriate hearing upon due notice before Allen Sinsheimer , Jr., Trial Examiner . Said hearing was held at Louisville, Kentucky, on January 25, 1944. The Company and the 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 Examiner's rulings made at the hearing are free from prejudicial error and are hereby affirmed. The parties were afforded opportunity to file briefs with the Board. Upon the entire record in the case, the Board makes the following: FINDINGS OF For 1. THE BUSINESS OF THE COMPANY Tube Turns, Incorporated, operates plants at Louisville, Kentucky, where it is engaged in the manufacture of aircraft parts and aluminum welding fittings. The Company annually 'purchase's raw' materials, consisting primarily of steel and aluminum, amounting in value in 55 N L. R. B., No. 36. 219 220 DECISIONS OF NATIONAL LABOR RELATIONS BOARD excess of several million dollars, of which over 90 percent is obtained from States other than the State of Kentucky. Over 90 percent of the annual sales of many million dollars, is shipped to points outside the State of Kentucky. The Company admits, and.we find, that it is engaged in.commerce within the meaning-of.the National Labor Relations Act. II. THE ORGANIZATION INVOLVED international Brotherhood of Electrical Workers. Local #369, is a labor organization affiliated with the American Federation of Labor, admitting to membership employees of the Company., . ; : III. THE QUESTION CONCERNING REPRESENTATION On or about November 10, 1943, the Union requested the Company to recognize it as the exclusiverbargaining representative of the ,em- ployees within an alleged appropriate unit. The Company refuses to accord the Union, such, recognition unless: and until the Union is certified by the Board. A statement of a Field Examiner of the Board, introduced into evi- dence at the hearing, indicates that the Union represents a substantial number of 'employees within the unit hereinafter found to be appro- priate 1 ,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 The parties agree generally that all electrical maintenance employ- ees, apprentices and helpers at the Twenty-eighth Street plant of the Company, including employees who devote a substantial part of their time to electrical maintenance,work; and all laboratory electricians, excluding all common laborers attached to the electrical maintenance department and all supervisory, employees, constitute an. appropriate unit. The parties are in, disagreement, however, with reference to the inclusion or exclusion of all-crane operators other than those who may devote a substantial portion of their time to general electrical main- tenance work; the Company desiring their inclusion and the Union seeking their exclusion., The crane operators, of, whom,there are approximately 30 in num- ber, operate 2-ton and 10-ton electric cranes by which materials are The report of the Field Examiner shows that the Union submitted 19 authorization cards bearing apparently genuine signatures; 17 of the cards bear names appearing,onla cuirent pay roll of the Company, which contains the names of 40 persons within the alleged appropriate unit. TUBE,TURNS, INCORPORATED 221 moved from, one place to another. The cranemen -work in different departments under the supervision.of the,respective department fore-' men, whereas the electrical. maintenance employees have.their own -department, and work under the.'direct supervision of the,electrical engineer, the head.'of the .department. The crane operators do not perform, any electrical maintenance work on'their.own cranes. The highest paid crane operators are in-a lower wage bracket? and do not require as much skill and training as the electrical maintenance men, who constitute a highly skilled craft group.3, In vie`' of the foregoing, we shall exclude,them from the unit. How- ever, two of the crane, operators, : Roscoe, Oiler and Oliver Watson, devote ,a- substantial amount of their time to electrical maintenance work; we shall, therefore,•include,them. We find that'all •electrical'maintenance employees,t.apprentices and helpers, and laboratory electricians, at,the Company's Twenty-eighth Street plant, including Roscoe Oiler and Oliver Watson, but excluding all common laborers attached to,the electrical maintenance depart- ment,4 and all supervisory employees with, , authority td- hire, promote, discharge, discipline, or otherwise effect changes in the status of em- ployees, or effectively recommend such action, constitute a unit appro- priate 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 means of 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 By virtue of and pursuant to the power vested in the National Labor Relations Board by Section 9 (c) of the National Labor Re- lations Act, and pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 3, it is hereby DIRECTED that, as part'of the investigation to ascertain representa- t ives for the purposes of collective bargaining with Tube Turns, In- corporated, Louisville, Kentucky, an election by secret ballot shall be conducted as early as possible, but not later than thirty (30)* days 2 The record reveals that an electrical maintenance man can , and often does, receive approximately 371/2 cents an hour base pay more than an expert crane operator 3 See Matter of Douglas Air craft Co , 52 N. L R B 781 and 54 N L R B 67 d The only employee shown to fall within this category at the time of the hearing was Louis Arnold.' 222 DECISIONS OF 'NATIONAL LABOR RELATIONS BOARD from the date of this Direction, tinder the direction and supervision of the,Regional Director for the Ninth Region, acting in this matter as agent for the National Labor Relations Board, and subject to Arti- cle III, Sections 10 and 11, 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 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 and have not been rehired or reinstated prior to the date of the election, to deter- mine whether or not they desire to be represented'by International Brotherhood of Electrical Workers,'Local #369, (A. F. of L.'); for the purposes of collective bargaining. MR. JOHN M. HOUSTON took no part in the consideration of the above Decision and Direction of Election.