The Wheland Co.

In the Matter of TILE WIIELAND COMPANY, EirrLOYER and UNITED STEELWORKERS OF AMERICA, CIO, PETITIONER Case No. 10-R-1885.Decided January 30, 1947 Messrs. W. D. Spears and S. W. Johnson, both of Chattanooga, Tenn., for the Employer. Messrs. J. C. Stafford and W. B. Frazier, both of Chattanooga, Tenn., for the Petitioner. Mr. Jack H. Crank, of Birmingham, Ala., and Mr. W. D. Silvey, of Chattanooga, Term., for the IAM. Mr. G. R. Cochran, of Chattanooga, Tenn., for the blacksmiths. Mr. J. C. Leff'ew, of Nashville, Tenn., for the Firemen and Oilers. Cllr. A. Sumner Lawrence, of counsel to the Board. DECISION AND DIRECTION OF ELECTIONS Upon a petition duly filed, hearing in this case was held at Chatta- nooga, Tennessee, on August 6, 1946, before Paul S. Kuelthau, hear- ing officer. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed. The Intervenor's motion to dismiss is denied for reasons hereinafter stated. Upon the entire record in the case, the National Labor Relations Board makes the following : FINDINGS OF FACT 1. TILE BUSINESS OF THE EMPLOYER The Wheland Company, a Tennessee corporation with its principal office and place of business at Chattanooga, Tennessee, is engaged in the manufacture of oil well drilling and saw mill equipment. The Employer annually uses in its operations, raw materials valued in excess of $25,000, of which 50 percent is obtained from points outside the State of Tennessee. The Employer's annual sales of finished products exceed $50,000 in value, of which 95 percent is shipped to points outside the State of Tennessee. The Employer admits and we find that it is engaged in commerce within the meaning of the National Labor Relations Act. 72 N L R B., No. 6'i 351 731242-47-v of 72-24 352 DECISIONS OF NATIONAL LABOR RELATIONS BOARD H. TIIE O1IGANIZATIONS INVOLVED The Petitioner is a labor organization affiliated with the Congress of Industrial Organizations, claiming to represent employees of the Employer. International Association of Machinists, Success Lodge 56, herein called the TAM, is a labor organization, claiming to represent em- ployees of the Employer. International Brotherhood of Blacksmiths, Drop Forgers and Help- ers, Look Out Mountain Lodge No. 408, AFL, herein called the Black- smiths, is a labor organization affiliated with the American Federation of Labor, claiming to represent employees of the Employer. International Brotherhood of Firemen and Oilers, herein called the Firemen and Oilers, is a labor organization claiming to represent em- ployees of the Employer. III. THE QUESTION CONCERNING REPRESENTATION The Employer refuses to recognize the Petitioner as the exclusive bargaining representative of its employees until the Petitioner has been certified by the Board in an appropriate unit. The TAM and the Blacksmiths contend that the present proceeding is barred by existing contracts between the Employer and the IAM and the Blacksmiths , respectively.' The contract between the Employer and the TAM is a 1-year ex- clusive bargaining agreement , dated March 28, 1946, automatically re- ne-%vable and covering, among other machine shop employees , certain machine shop helpers included in the residual production and mainte- nance unit sought by the Petitioner in this proceeding . However, since the contract will expire by its terms less than 3 months from the present time we find that the contract is not a bar to a present deter- mination of representatives.' So far as the contract between the Employer and the Blacksmiths is concerned, it appears that this contract is a 1-year contract for members only , dated May 7, 1946 , and covering, among other forge shop employees , certain blacksmith helpers included in the unit sought by the Petitioner. Although this contract will by its terms continue to remain in force for a substantial period of time, the fact that such 'In addition to the contractual bar which it urges in common with the Blacksmiths, the IAM also contends that the petition should be dismissed under the principle announced in Matter of General Electric X-Ray Corporation, 67 N L. R. B 947 , and upon the further ground that the proceeding is barred by the limitation in the Board 's appropriation with respect to an agreement in existence for 3 months or longer without complaint being filed. We find no merit in these contentions, because (1) the principle of the General Electric X-Ray case is not applicable where there is no question of a contract executed after a request for recognition and before the filing of it petition with the Board ; and (2) the limitation in the Board 's appiopriation does not apply to representation proceedings. 2 See Mattei of Round California Chain Corpoi ation Ltd , 64 N L. it. B 242. THE WHELAND COMPANY 353 contract is an agreement for members only prevents it from operating as a, bar to a present determination of representatives-' We find that a question affecting commerce has arisen concerning the representation of employees of the Employer, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act. IV. TIIE APPROPRIATE UNIT; THE DETERMINATION OF REPRESENTATIVES The Petitioner seeks a residual production and maintenance unit consisting of machine shop helpers, pattern department helpers, black- smith helpers, yard employees, shipping department employees, jani- tors and firemen, excluding craft employees in various departments represented by other labor organizations ,4 office and clerical employees, administrative, executive, and supervisory employees. The only issues concern the inclusion of machine shop helpers and blacksmith helpers, whom the IAM and the Blacksmiths seek to have excluded from the unit by reason of the Employer's history of collective bargaining covering these two groups of employees. The position of the IAM and the Blacksmiths is supported by the Firemen and Oilers which intervened at the hearing for the purpose of contesting the Petitioner's claim to any residual group of employees. In support of their position, the IAM and the Blacksmiths point to the fact that machine shop helpers and blacksmith helpers have been included within the contracts of the IAM and the Blacksmiths, respectively. In addition thereto, it is undisputed that the IAM has bargained continuously during the past 4 years for machine shop helpers, who were included as "machinist helpers" in an informal certification issued by the Board's Regional Director to the IAM in 1942 as the result of a consent election covering machinists and re- lated classifications in the Employer's machine shop.-, However, the record discloses that both machine shop helpers and blacksmith helpers are relatively unskilled employees as compared with either the craft employees or the craft apprentices in the departments in which they are employed. Moreover, it appears that such helpers constitute fringe groups which could properly be included with either the craft employees of their respective occupational groups or with the em- ployees in the residual group claimed by the Petitioner herein. Under the circumstances, and in view of the fact that the Petitioner has made it substantial showing of interest with respect to both machine shop 8 See Matter of Reo Motors, Inc, 61 N L. R . B 1579 ; Matter of Kittinger Company, Inc., 65 N. L R. B. 1215. * The labor organizations whose craft members are excluded from the unit sought by the Petitioner comprise the IAM and the Blacksmiths , together with the International Foundry Workers Union and the Pattern Makers League of North America , organizations not parties to the present pi oceedmg. ° Case No 10-R-597. 354 DECISIONS OF NATIONAL LABOR RELATIONS BOARD helpers and blacksmith helpers, we are of the opinion that the machine shop helpers and the blacksmith helpers should be afforded an oppor- tunity to determine through separate elections their desire with respect to this matter. Upon the results of such elections will depend, in part, our determination of the appropriate unit or units. We shall direct that separate elections be held among the Em- ployer's employees in the voting groups described below, excluding therefrom all office and clerical employees, all administrative and executive employees, and all supervisory employees with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees, or effectively recommend such action: 1. All employees in the classification of machine shop helpers. 2. All employees in the classification of blacksmith helpers. 3. All remaining production and maintenance employees, includ- ing therein yard employees, pattern department helpers,s shipping department employees, janitors and firemen, but excluding, in addition to the foregoing voting groups, all craft employees presently repre- sented by other labor organizations.7 DIRECTION OF ELECTIONS As part of the investigation to ascertain representatives for the pur- poses of collective bargaining with The Wheland Company, Chatta- nooga, Tennessee , separate 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 Tenth Region, acting in this matter as agent for the National Labor Relations Board, and subject to Sections 203.55 and 203.56, of National Labor Relations Board Rules and Regulations- Series 4, among the employees in the voting groups set forth 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 those employees who have since quit or been disch`alr'eil for cause and have not been rehired or reinstated prior to the date of Although the one employee in the classification of pattern department helper, a classi- fication with duties similar to those of common laborers , has been repi eseuted by the Pattern Makers League, of North America as pant of a craft group , the Pattern Makers League, which was notified of this proceeding , did not seek to inteiveue theienn of claim ivhatevei right it might have had to represent the pattern department helper herein concerned 'Among the craft eniplovees excluded hereunder aie foundry eniploiees and pattern makers piesently repiesented by Local Union No 53 of the International Molders and Foundry workers Union of Notth America , and by the Pattern Makers Le,igue of North America , respectively THE WHELAND COMPANY 355 the election, to determine: (1) with respect to the group of machine shop helpei's, whether they desire to be represented by United Steel- workers of America, CIO, or by International Association of Machin- ists, Success Lodge 56, for the purpose of collective bargaining, or by neither ; (2) with respect to the group of blacksmith helpers, whether they desire to be represented by United Steelworkers of America, CIO, or by International Brotherhood of Blacksmiths, Drop Forgers and Helpers, for the purpose of collective bargaining or by neither; .(3) with respect to the residual group of production-and maintenance employees, whether they desire to be represented by United Steel- workers of America, CIO, or by International Brotherhood of Fire- inen and Oilers, for the purpose of collective bargaining, or by neither.