Babcock & Wilcox Co.

In the Matter of THE BABCOCK & WILCOX COMPANY and AMERICAN FEDERATION OF LABOR Case No. 8-R-1762.-Decided April 13,1945 Messrs. Robert C. Landon and James A. Patterson, of Barberton, Ohio, for the Company. Mr. Ted C. Dethloff, of Akron, Ohio, for the Union. Mr. Samuel G. Hamilton, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon a petition duly filed by American Federation of Labor, herein called the Union, alleging that a question affecting commerce had arisen concerning the representation of employees of The Babcock & Wilcox Company, Barberton, Ohio, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before George F. Hayes, Trial Examiner. Said hear- ing was held at Akron, Ohio, on March 7, 1945. The Company and the Union appeared and participated. 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. 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 The Babcock & Wilcox Company is a New Jersey corporation with a plant, involved in this proceeding, located at Barberton, Ohio. It is there chiefly engaged in the manufacture of pressure vessels, boilers for marine and stationary use, and such other special products as it is required to make under the present war production program. The 61 N. L. R. B., No. 73. 533 534 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Barberton plant does in excess of $1,000,000 worth of business per year, the majority of which is in interstate commerce. - The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATION INVOLVED American Federation of Labor is a labor organization admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The Company has refused to grant recognition to the Union as the exclusive bargaining representative of certain of its employees until the Union has been certified by the Board in an appropriate unit. A statement of a Board agent, introduced into evidence at the hear- ing, indicates that the Union represents a substantial number of em- ployees in the unit hereinafter found appropriate., We find that a question affecting commerce has arisen concerning the representation of the employees of the Company, within the mean- ing of Section 9 (c) and Section 2 (6) and (7) of the Act. IV. THE APPROPRIATE UNIT In substantial accordance with the agreement of the parties, we find that all salaried employees of the Company at its Barberton; Ohio, plant, including general office employees, factory office employees, laboratory employees, cafeteria employees, technical employees, and professional employees, but excluding watchmen or plant guards, the cashier, secretary to the personnel director and the joint relations supervisor, woman's counsellor interviewer, secretary to the general plant superintendent, safety engineer II, manager, manager bowling ,floor, sergeant, foremen I and II, and all other supervisory employees with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees, or effectively recommend such action, constitute a unit appropriate for the purposes of collec- tive 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 em- 1 The Field Examiner reported that the Union submitted 307 application and authoriza- tion cards , that the names of 294 persons appearing on the cards were listed on the Com- pany's pay roll of February 22, 1945 , which contained the names of 860 employees in the alleged appropriate unit , and that 1 of the cards was dated in December 1943 , 6 were dated in January 1944, 38 in December 1944 , 183 in January 1945, 50 in February 1945, and 29 were undated. THE BABCOCK & WILCOX COMPANY 535 ployees 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 Direc- tion. The Company urges that employees in the armed forces, number- ing 403, be afforded an opportunity to vote, presumably by mail if not available to cast a ballot in person . For reasons given in Matter of Mine Safety Appliances Company '2 only those employees in the armed forces who present themselves in person at the polls shall be permitted to cast ballots. 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 Relations Act, and pursuant to Article III, Section 9, of National Labor Rela- tions 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 The Babcock & Wilcox Company, Barberton , Ohio, 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, under the direction and supervision of the Regional Director for the Eighth 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 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 the. 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 those employees who have since quit or been discharged for cause and have not been rehired or reinstated prior to the date of the election , to determine whether' or not they desire to be represented by American Federation of Labor for the purposes of collective bar- gaining. CHAIRMAN MILLIS took no part in the consideration of the above Decision and Direction of Election. 2 55 N. L R. B. 1190.