The Perfection Nipple Co.

In the Matter of THE PERFECTION NIPPLE COMPANY and DISTRICT 50, UNITED MINE WORKERS OF AMERICA Case No. 8-R-2086.-Decided April 11, 1946 Mr. Edward J. Creadon, of Cleveland, Ohio, and Mr. Hermann Jacobson, of Madison, Ohio, for the Company. Messrs. William E. Thomas and F. A. Norman, of Cleveland, Ohio, for the UMW. Mr. Paul Dunman, of Cleveland, Ohio, for the United. Mr. Donald B. Brady, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon a petition duly filed by District 50, United Mine Workers of America, herein called the UMW, alleging that a question affecting commerce had arisen concerning the representation of employees of The Perfection Nipple Company, Madison, Ohio, herein called the Company, the National Labor Relations Board provided for an appro- priate hearing upon due notice before Richard C. Swander, Trial Examiner. The hearing was held at Cleveland, Ohio, on February 15, 1946. During the hearing the Trial Examiner granted a motion to intervene by the United Electrical, Radio and Machine Workers of America, CIO, herein called the United. The Company, UMW, and the United 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 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 Perfection Nipple Company is an Ohio corporation, engaged at Madison, Ohio, in the manufacture of iron pipe nipples used in the 67 N. L. R. B, No. 37. 266 THE PERFECTION NIPPLE COMPANY 207 plumbing and steamfitting trades. During 1945 the Company pur- chased raw materials valued at $161,000, approximately 50 percent of which was received from sources outside the State of Ohio. Dur- ing the same period, the Company manufactured finished products valued at $384,000, of which 70 percent was sold to points outside the State of Ohio. We find that the Company is engaged in commerce within the mean- ing of the National Labor Relations Act. II. THE ORGANIZATIONS INVOLVED District 50, United Mine Workers of America, is a. labor organiza- tion, admitting to membership employees of the Company. United Electrical, Radio, and Machine Workers is a labor organiza- tion, affiliated with the Congress of Industrial Organizations, admit- ting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION On December 31, 1945, the UMW requested recognition by the Com- pany as exclusive bargaining representative of its production and maintenance employees. The Company refused this request on the ground that it was under contract with the United. On February 26, J945, the United entered into a collective bargaining contract with the Company. The contract provided that it was to continue from year to year unless terminated by written notice 30 days prior to the annual expiration date. On January 26, 1946, the Company served notice on the United of its intention to cancel the contract. The United claims the contract constitutes a bar `to the instant proceeding. Inasmuch 4s the Company gave the United the requisite 30-day notice of intention to terminate the contract, the contract was not automatically renewed and consequently constitutes no bar to a present determination of representatives.' In any event, the contract could constitute no bar, because the UMW presented its claim prior to the automatic renewal date thereof.2 A statement of a Board agent, introduced into evidence at the hear- ing, indicates that the UMW represents a substantial number of employees in the unit hereinafter found appropriate.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. ' Matter of Tamiami Trait Tours, Inc., 64 N. L. R. B 100. 2 Matter of Eastern Toot & Mfg. Co ., 61 N. L. R. B. 1315 3 The Field Examiner reported that the UMW submitted 43 cards, bearing the names of 43 employees , listed on the Company's pay roll of January 24, 1946. The United relies on its contract as proof of its interest herein. There are approximately 73 em- ployees in the appropriate unit. 268 DECISIONS OF NATIONAL LABOR RELATIONS BOARD IV. THE APPROPRIATE UNIT We find, substantially in accord with an agreement of the parties, that all of the Company's production and maintenance employees excluding watchmen, office employees, and all or any other supervisory employees with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees, or effectively re- commend such action, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act. V. THE DETERMINATION OF REPRESENTATIVES The UMW urges that the United be excluded from the ballot on the ground that the latter failed to offer any proof of present substantial representation among the Company's employees. The contractural relationship which has existed between the Company and the United is sufficient, in the absence of any proof that the said union is defunct, to entitle the United to a place on the ballot.4 We shall direct that the question concerning representation which has arisen be resolved by an election by secret ballot among 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 Relations Act, and pursuant to Article III, Section 9, of National Labor 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 The Perfection Nipple Company, Madison, 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 em- ployees 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 • Matter of Dickson-Jenkins Manufacturing Company, 57 N. L. R. B. 1095. THE PERFECTION NIPPLE COMPANY 269 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 they desire to be represented by District 50, United Mine Workers of America, or by United Electrical, Radio and Machine Workers of America, affiliated with the Congress of Industrial Organ- izations, for the purposes of collective bargaining, or by neither.