Struthers Wells Corp.

In the Matter Of STRUTHERS WELLS CORPORATION and UNITED STEELWORKERS OF AMERICA , C. I. O. Case No. 6-R--l000..---Decided November 23, 19441 Mr. Jerome L. Black, of Pittsburgh, Pa., for the Board. Captain A. E. Wheat, of Titusville, Pa., for the Company. Mr. Philip M. Curran, of Pittsburgh, Pa., and Mr. John H. Graney, of Erie, Pa., for the Steelworkers. Mr. A. G. Skundor, of Pittsburgh, Pa., for the IAM. Mr. Joseph A. Padway, by Mr. Robert A. Wilson, of Washington, DX., for the Blacksmiths. Mr. R. C. Sermon, of Erie, Pa., for the Boilermakers. Mr. George H. Poulson, of Erie, Pa., for the IBE«r. Miss Melverii R. Krelow, of counsel to the -Board. DECISION AND DIRECTION OF ELECTIONS STATEMENT OF THE CASE Upon a petition duly filed by United Steelworkers* of America, C. I. 0., herein called the Steelworkers, alleging that a question affect- ing commerce had arisen concerning the representation of employees of Struthers Wells Corporation, Titusville, Pennsylvania, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Allen Sinsheimer, Jr., Trial Examiner. Said hearing was held at Meadville, Pennsyl- vania, on October 13, 1944. The' Board, the Company, the Steelwork- ers, and International Association of Machinists, A. F. L., herein called the IAM, International Brotherhood of Blacksmiths, Drop Forgers and Helpers, affiliated with the American Federation of La- bor, herein called the Blacksmiths, International Brotherhood of Electrical Workers, A. F. L., herein called the IBEW, and Interna- tional Brotherhood of Boiler Makers, Iron Ship Builders, Welders and Helpers of America, herein called the Boilermakers, herein 're- ferred to collectively as the Intervenors, appeared and participated. All parties were afforded full opportunity to be heard, to examine and 59-N. L. R. B., No 92. 454 STRUTHERS WELLS CORPORATION 455 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. All parties were afforded an opportunity to file briefs with the Board. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Struthers Wells Corporation is a Maryland corporation with its principal place of business in Titusville, Pennsylvania. It operates plants located in Warren, and Titusville, Pennsylvania. Only the Titusville plant is involved herein. The Company engages in the manufacture, sale, and distribution of steering gears, crankshafts, winches, fire tube boilers, and pressure vessels. During the past year the Company purchased raw and other materials valued at approxi- mately $6,954,353, of which approximately 40 percent came from points outside the Commonwealth of Pennsylvania. During the same period the Company manufactured finished products valued at approximately $21,994,195, of which approximately 20 percent was shipped to points outside the Commonwealth of Pennsylvania. The Company admits for the purpose of this proceeding that it is engaged in commerce within the meaning of the National Labor Rela- tions Act. IT. THE ORGANIZATIONS D,TVOLVED. United Steelworkers of America, affiliated with the Congress of Industrial Organizations, is a labor organization admitting to mem- bership employees of the Company. ' International Association of Machinists, International Brotherhood' of Blacksmiths, Drop Forgers and Helpers, International Brotherhood of Electrical Workers, and International Brotherhood of Boiler Mak- ers, Iron Ship Builders, Welders and Helpers of America, all af- filiated with the American Federation of Labor, are labor organiza- tiorrs-admitting to menibership employees of theXonlpany. III. THE QUESTION CONCERNING REPRESENTATION The Company and the A. F. L. have been bargaining collectively since 1937, with resultant contracts. On June 18, 1943, the latest collective bargaining agreement was executed between the Company and the Metal Trades Department of the American Federation of Labor, representing "individually and collectively" the Intervenors. The contract was signed by the Company, the Metal Trades Depart- ment, the TAM, the IBE`WW, the Boilermakers, and the Blacksmiths. 456 DECISIONS OF NATIONAL LABOR RELATIONS BOARD The Company therein recognized the Intervenors as the sole collec- tive bargaining representative of its employees. The contract was to remain in full force and effect for 1 year from date, either party desiring to change, modify, or terminate the contract to notify the other party in writing 30 days prior to the current expiration date. On May 17,1944, the Intervenors advised the Company of their desire to negotiate changes in the contract. In a letter dated May 17, 1944, the Steelworkers informed the Com- pany that it represented a majority of the Company's employees and requested bargaining rights. On May 19, 1944, the Company refused the request on the ground that it had a collective bargaining agree- ment with the Metal Trades Department. On May 27, 1944, negotia- tions were begun with respect to proposed changes in the contract. By June 29, 1944, all provisions except wage increases, shift premiums, vacation allowan,-es, and effective date were agreed upon by the parties. These were referred to the National War Labor Board, where they are presently pending. On June 29, 1944, the Intervenors and the Com- pany agreed orally to extend the contract of June 18, 1943, until the National War Labor Board decided the 4ssues. The Bht ksmiths con- tends that the petition should be dismissed, since an election, if now directed, would penalize the Intervenors for unavoidable delays conse- quent upon their acceptance of orderly procedures established by ,governmental authority for the adjustment of differences with an employer. We find no merit in this contention. The mere pendency of a dispute before the National War Labor Board does not operate to di- vest this Board of jurisdiction in a representation proceeding. In those cases where the Board has declined to order an election in the presence of a dispute before the National War Labor Board, other facts were present which do not exist in the instant case.' Here, the Intervenors have had an opportunity to obtain, and have obtained, substantial benefits for the employees of the Company as their exclu- sive representative.2 We find that the,pendeiicy of the dispute before the National War Labor Board constitutes no bar to an election at this time. We are also of the opinion that since the Intervenors on May 17, 1944, duly notified the Company that they desired to negotiate changes in the 1943 contract, and since the Steelworkers on the same date requested bargaining rights as bargaining representative of its employees, the 1943 contract, and its oral extension,; cannot operate as a bar to this proceeding. I See Matter of Allis Chalmers Iffy Co ., 50 N. L . R. B. 306 , Matter of Kennecott Copper Corp. Nevada Mines Division, 51 N L R B 1140 , Matter of MacClatchie Manufacturing Company, 53 N L. It . B. 1268 , Matter of Ft Dodge Creamery Company, 53 N"L. R. B. 028 , Matter of Columbia Protektosite Co , Inc , 53 N. L. R B 560 2 See Matter of Landis Machine Company, 54 N L R B . 1440, and eases-cited"therein 3 S& Matter`ofWt't'or, Inc. , 46 N 1. R. tiB• 1035. STRUTHERS WELLS CORPORATION .457 A statement of a Field Examiner of the Board, introduced into evi- dence at the hearing, indicates that the Steelworkers represents a sub- stantial number of employees in the unit it alleges to be appropriate' 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 Sections 2 (6) and (7) of the Act. IV. THE APPROPRIATE UNIT; 1HE DETERMINATION OF REPRIESENTATIVES The Steelworkers contends that all production and maintenance em- ployees, excluding foremen, assistant foremen, policemen, watchmen, clerical and salaried employees, and all supervisory employees, con- stitute an appropriate unit. The Intervenors seek separate bargaining units for the employees within them respective jurisdictions. They are in agreement, however, with respect to the specific exclusions sought by the Steelworkers. The Company has adopted a neutral position con- cerning the propriety of a plant-wide unit as opposed to separate units. The Company's contractural relations, discussed in Section III, supra,. haveebeeii with the Intervenors, each of whom is named as a contracting party. In the contract, wage scales appear under sep- arate headings, one for each of the four groups represented by the .Intervenors. Pursuant to the contract, grievances are handled sep- arately by each of the Intervenors for the groups of employees coming within their respective jurisdictions; seniority is similarly confined to the respective groups; and there is no interchange of personnel among the four groups other than in cases of emergency. All other provisions, such as hours of employment, overtime, vacations, and other conditions of employment, are set out in the contract generally for all employees. Thus, the Intervenors have acted both jointly and severally in the course -of their bargaining relations with the Company. It is evident, therefore, that the bargaining history does 'The'Field-Eieaininer"reported that the Steelworkers submitted 749 authorization cards, 23 dated in April, 74 in May, 511 in June , 136 in July , and 2 in August 1944 , 3 undated, of which 659 bore names of persons appearing on the Company 's pay roll of August 6, 1944. There are approximately 1,293 employees in the unit alleged by the Steelworkers to be appropriate The IBEW, the IAM, the Blacksmiths , and the Boilermakers presented no evidence in support of representation among the employees , relying upon the contract as evidence of their interest. The IAM contends that the Steelworkers ' demand for bargaining rights is not entitled to any weight and that the petition should be dismissed since the Steelworkers did not have the cards to make a prima facie showing of majority or even of substantial interest on the date of its demand. We find this contention to be without merit We have re- peatedly held that petitioning unions need not make a prima facie showing of majority since a showing of substantial representation by the petitioning union is sufficient to raise the possibility that it may be selected by the majority See Matter of Basic Magnesium, Inc. 48 N. L. R B 1310, and cases cited therein The record indicates that the Steel- workers has made a substantial showing i Although the Metal Trades Department is also named as a contracting party in the conttact , the contract recognizes the `various craft organizations"-as the sole collective bargaining representative , and the Metal Trades Department has not conducted any bar- gaining negotiations with the Company . It did not appear at the hearing. 458 DECISIONS OF NATIONAL LABOR RELATIONS BOARD not conclusively establish the appropriateness' of separate units or a single unit, and that the groups respectively represented by the In- tervenors may either function as separate units or as a single unit for collective bargaining purposes. Under these circumstances we shall permit the scope of the bargaining unit or units to be determined in part by the desires of the employees themselves to be ascertained by means'of separate elections. Upon the basis of the entire record and in conformance to the fore- going conclusionTs, we shall order the conduct of elections among-the employees of the Company within each of the groups listed below e including expediters,, working foremen," and gang leaders, but ex- cluding watchmen; policemen, clerical and salaried employees, chief inspectors, timekeepers, shop cleric l workers, foremen, assistant fore- men, and-all other supervisory employees with authority to hire, pro- mote, discharge, discipline, or otherwise effect changes in the status of employees, or effectively recommend such action: (1) All tool makers, finishers, machinists, semi-finishers , roughers, assemblers, specialists, single unit operators, learners, apprentices, general helpers in the machine shop, carpenters, pipe fitters, painters, mechanical maintenance men assigned to the machine shop, janitors in the machine shop, firemen in the Iron Works Division, truck drivers, storeroom helpers attached to the machine shop, machine shop in- spectors, welders in the machine shop, and planer operators in the machine, shop ; (2) Boilermakers, fitters, fitter, bolters, welders, fitter welders, chipper welders, learner welders; punch operators, air riveters, shears operators, roller operators, plate handlers, stack makers or sheet metal workers, sand blasters, X-ray operators, press brake operators, air grinders, oxygen cutters, acetylene burners, flangers and their helpers, hydraulic, press operators and their helpers, loaders, testers, layers-out, tube setters, chippers, chipper and caulkers, chipper learners, janitor of boilermaker department, storeroom helpers at- tached to boilermaker department, boilermaker department inspectors, planer operators, and hydraulic riveters, but excluding the ipstructor; (3) Blacksmiths, blacksmith hammer drivers, blacksmith appren- tices, blacksmith helpers, press and h'ammersmiths, press and hammer drivers, press and hammer heaters, coal plant operators, furnace operators, heat observers, coal pullers, jib crane operators, brosius op- erators, firemen in the Forge Work Division, oxygraph operator and 9 The parties agreed that the voting groups should be delineated as hereinafter set forth, which is in substantial accordance with the 1943 contract executed between the Company and the Intervenors ' The expediters include four working in the machine shop and one working in the boiler shop '8 The term "working foremen" includes supervisors, shift foremen , and subforemen. J. W Brosius STRUTHERS WELLS CORPORATION 459 helper, heat treat and Forge Shop general helpers, maintenance blacksmiths, and,floprmen; (4) All electricians, electrical maintenance men, cranemen, crane learners, and manipulators, but excluding jib crane operators. We will make no final determination of the appropriate unit or units pending the results of the elections. If the Steelworkers is chosen as the bargaining representative of the employees in each of the foul groups, we shall find a single unit appropriate; otherwise, each group shall constitute a separate appropriate unit. Those eligible to vote in the elections which we shall direct shall be the employees of the Company described in the voting groups above who were employed during the pay-roll period immediately preceding the date of the Direction of Elections herein, subject to the limitations and additions set forth therein. DIREC'T'ION OF'ELECTIONS By virtue of and pursuant to the power vested in the National Labor Relations Board by Section 9 (c) of the National Labor Relations Act, and pursuant to Article III, Section 9, of National Libor Relations Board Rules and Regulations-Series 3, as amended, it is hereby DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with Struthers Wells Corporation, Titusville, Pennsylvania, elections 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 Sixth Region, acting in this matter as agent for the National Labor Relations Board, and subject to Article III, Sections 10 and 11, of said Rules and Regulations, among the em- ployees in the voting groups below 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, and including further expediters, working foremen, and gang leaders , but excluding any who have since quit or been dis- charged for cause and have not been rehired or reinstated prior to the date of the elections , and excluding further watchmen , policemen, cleri- cal and salaried employees, timekeepers, shop clerical workers, chief inspectors, foremen, assistant foremen, and all other supervisory em- ployees with authority to hire, promote , discharge, discipline, or otherwise effect changes in the status of employees , or effectively recommend such action : (1) All tool makers, finishers , machinists, semi-finishers , roughers, assemblers, specialists; single unit operators , learners, apprentices, 460 DECISIONS OF NATIONAL LABOR RELATIONS BOARD general helpers in the machine shop, carpenters, pipe fitters, painters, mechanical maintenance men assigned to the machine shop, janitors in the machine s'rop, firemen in the Iron Works Division, ta"Pck drivers, storeroom helpers attached to the machine shop, machine shop inspec- tors, welders in the machine shop, and planer operators in the machine shop to determine whether they desire to be represented by United Steelworkers of America, C. I. 0., or by International Association of Machinists, A. F. L., for the purposes of collective bargaining, or by neither ; (2) Boilermakers, fitters, fitter bolters, welders, fitter welders, chip- per welders, learner welders, punch operators, air riveters, shears opera- tors, roller operators, plate handlers, stack makers or sheet metal work- ers, sand blasters, X-ray operators, press brake operators, air grinders, oxygen cutters, acetylene burners, flangers and their helpers, hydraulic press operators and their helpers, loaders, testers, layers-out, tube set- ters, chippers, chipper and caulkers, chipper learners, janitor of boil- ermaker department,` storeroom helpers attached to boilermaker de- partment, boilermaker department inspectors, planer operators, and hydraulic riveters, but excluding the instructor to determine whether they desire to be represented by United Steelworkers of America, C. I. 0., or by, International Brotherhood of Boilermakers, A. F. L., for the purposes of collective bargaining, or by neither; (3) Blacksmiths, ,blacksmith hammer drivers, blaG smitli appren- tices, blacksmith helpers, press and hanimersmiths., pr'es's and hammer drivers, press and hammer heaters, coal plant operators, furnace oper- tors, heat observers, coal pullers, jib crane operators, brosius opera- tors, firemen in the Forge Work Division, oxygraph operator and t helper, heat treat and Forge Shop general helpers, maintenance black- smiths, and floormen, to determine whether they desire to be repre- sented by United Steelworkers of America, C. I.0., or by International Brotherhood of Blacksmiths, Drop Forgers and Helpers, affiliated with the American Federation of Labor, for the purposes of collective bar- gaining, or by neither; (4) All electricians, electrical maintenance men, cranemen, crane learners, and manipulators, but excluding jib crane operators, to deter- mine whether they desire to be represented by United Steelworkers of America, C. I.0., or by International Brotherhood of Electrical Work- ers, A. F. L., for the purposes of collective bargaining, or by neither.10 10 With exception of the Blacksmiths, the several unions requested that they appear on the ballots as set forth above