Combustion Engineering Co., Inc.

In the Matter of COMBUSTION ENGINEERIN G COMPANY, INC. and STEEL WORKERS ORGANIZING COMMITTEE, FOR AND IN BEHALF OF AMALGA- MATED ASSOCIATION OF IRON, STEEL AND TIN WORKERS OF NORTH AMERICA Case No. R-242 SUPPLEMENTAL DECISION AND CERTIFICATION OF REPRESENTATIVES April 7, 1938 On February 16, 1938, the National Labor Relations Board, herein called the Board, issued a Decision and Direction of Election 1 which provided, inter alia, that three elections be held among the employees of the Hedges-Walsh-Weidner division of Combustion Engineering Company, Inc., except those employed in the foundry. In its Decision, the Board made no final determination as to the appropriate units for the purposes of collective bargaining, except that the foundry employees constitute an appropriate unit for such purposes. The International Association of Machinists, Lodge No. 56, herein called the I. A. M., contended that the following classified employees, herein called the Machinists, constitute an appropriate unit : All machinists, machinists' helpers and apprentices, header-mill specialists, drill-press operators and helpers, milling-machine oper- ators, drill-machine operators, bolt-machine operators, handy men, engineers, crane operators employed in the machine shops, planer operators, repairmen, maintenance men, and toolroom helpers, ex- clusive of those employed in the foundry. International Brotherhood of Boilermakers, Iron Shipbuilders & Helpers, Subordinate Lodge No. 656, herein called the Brotherhood, contended that the following classified employees, herein called the Boilermakers, constitute an ap- propriate unit: All boilermakers and helpers, welders and welding- machine operators, welders' helpers and 'apprentices, galvanizers, form-press operators, form-machine operators, fit-up men (except those working on cast iron boiler castings), layers-out and helpers, chippers, grinders, burners, furnace operators, riveters and rivet- machine operators, rivet heaters, reamers, rod-room men, testers, test- 1 5 N L R B 344 ; see also Amendment to Direction of Elections of Mai ch 7, 1938 (5 N L R B 356) 488 DECISIONS AND ORDERS 489 pit helpers, boilermakers' mechanics, tube men, inspectors and help- ers, punch-shear operators, X-ray helpers, subforemen, flange work- ers, and tapping-machine operators and helpers, exclusive of those employed in the foundry. Steel Workers' Organizing Committee, herein called the S. W. O. C., contended that all of the above-desig- nated employees, together with other production and maintenance employees, except supervisory employees, clerical employees, and foundry employees constitute an appropriate unit. The Board stated that since any of the contentions could be sustained it would direct that separate elections be held among the Machinists, the Boiler- makers, and all other production and maintenance employees, except supervisory employees, clerical employees, and foundry employees, and would decide the issue on the basis of the preferences indicated by the employees in the election. It therefore directed that elections by secret ballot be held (a) among the Machinists to determine whether they desire to be represented by the I. A. M. or the S. W. O. C., for the purposes of collective bargaining, or by neither; (b) among the Boilermakers to determine whether they desire to be represented by the Brotherhood or the S. W. O. C., for the purposes of collective bargaining, or by neither; and (c) among all other production and maintenance employees, -except supervisory employees, clerical em- ployees, and foundry employees, to determine whether they desire to be represented by the S. W. O. C., for the purposes of collective bar- gaining. Upon the results of the elections would depend the deter- mination of the appropriate unit or units. Such of the groups not choosing the S. W. O. C. would constitute separate and distinct ap- propriate units and such of the groups choosing the S. W. O. C. would together constitute a single appropriate unit. Pursuant to the Direction of Elections, secret ballots were con- ducted on March 21, 1938. Full opportunity was accorded the parties to the investigation to participate in the conduct of this secret ballot and to make challenges. On March 24, 1938, the Regional Director caused to be served on the parties to this proceeding his Intermediate Report on the conduct of the ballots. No objections or exceptions to the Intermediate Report were filed by any of the parties. As to the balloting and its resuJ*s, the Regional Director reported as follows : Machinists Total number eligible--------------------------------------- 149 Total ballots cast------------------------------------------ 130 Total number of ballots cast for I. A. M --------------------- 92 Total number of ballots cast for S. W. 0 C------------------ 31 Total number of ballots cast for neither--------------------- 0 Total number of challenged ballots-------------------------- 7 Total number of blank ballots -------------------------------- 0 Total number of void ballots-------------------------------- 0 490 NATIONAL LABOR RELATIONS BOARD Boilermakers Total number eligible________________________ --------------------------------------- 510 Total ballots cast___________________________________________ 382 Total number of ballots cast for the Brotherhood ------------ 158 Total number of ballots cast for S. W. O. C__________________ 199 Total number of ballots cast for neither_____________________ 11, Total number of challenged ballots__________________________ S Total number of blank ballots_______________________________ 0 Total number of void ballots________________________________ 6 All other production and maintenance employees, except super- visory employees, clerical employees, and foundry employees Total number eligible_______________________________________ 203 Total ballots cast_____ ______________________________________ 113 Total number of ballots cast-for S W. 0 C------------------ 67 Total number of ballots cast against S . W. O. C______________ 36 Total number of challenged ballots__________________________ :) Total number of blank ballots______________________________ 0 Total number of void ballots ________________________________ 1 Upon the entire record in the case, the Board makes the following : SUPPLEMENTAL FINDINGS OF FACT We find that the following groups of employees of the Hedges- Walsh-Weidner division of Combustion Engineering Company, Inc., constitute units appropriate for the purposes of collective bargain- ing, and that such units insure to the employees of the Company the full benefit of the right to self-organization and to collective bargaining and otherwise effectuate the policies of the Act : (a) All employees herein classified as Machinists; (b) All employees herein classified as Boilermakers, together with all other production and maintenance employees, except Machinists, supervisory employees, clerical employees, and foundry employees. Upon the basis of the above findings of fact, and upon the entire record in the case, the Board makes the following : SUPPLEMENTAL CONCLUSION OF LAW The following employees of the Hedges-Walsh-Weidner division of Combustion Engineering Company, Inc. constitute units appro- priate for the purposes of collective bargaining, within the meaning of Section 9 (b) of the National Labor Relations Act: (a) All employees herein classified as Machinists; (b) All employees herein classified as Boilermakers, together with all other production and maintenance employees, except Machinists, supervisory employees, clerical employees, and foundry employees- DECISIONS AND ORDERS CERTIFICATION OF REPRESENTATIVES 491 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, 49 Stat . 449, and pursuant to Article III, Section 8, of National Labor Relations Board Rules and Regulations-Series 1, as amended, IT IS HEREBY CERTIFIED that International Association of Machin- ists, Lodge No. 56 , has been designated and selected by a majority .of the machinists, machinists' helpers and apprentices , header-mill specialists, drill-press operators and helpers , milling-machine oper- ators, drill-machine operators, bolt-machine operators, handy men, engineers, crane operators employed in the machine shops , planer operators, repairmen, maintenance men, and toolroom helpers, ex- clusive of those employed in the foundry, of Hedges-Walsh-Weidner division of Combustion Engineering Company , Inc., as their repre- sentative for the purposes of collective bargaining , and that pur- suant to the provisions of Section 9 (a) of the Act, International Association off Machinists, Lodge No. 56 , is the exclusive representa- tive of all such employees for the purposes of collective bargaining in respect to wages, rates of pay, hours of work, and other condi- tions of employment; and IT IS HEREBY CERTIFIED that Amalgamated Association of Iron, Steel and Tin Workers of North America has been designated and selected by a majority of the boilermakers and helpers, welders and welding-machine operators , welders' helpers and apprentices, gal- vanizers, form-press operators, form-machine operators , fit-up men (except those working on cast iron boiler castings ), layers-out and helpers, chippers , grinders , burners,-furnace operators, riveters and rivet machine operators , rivet heaters, reamers, rod -room men, test- ers, test-pit helpers, boilermakers' mechanics, tube men, inspectors and helpers, punch-shear operators, X-ray helpers, subforemen, flange workers, tapping-machine operators and helpers , and all other production and maintenance employees, exclusive of foundry em- ployees, supervisory employees, clerical employees, and those em- ployees covered by the Certification above, of the Hedges-Walsh- Weidner division of the Combustion Engineering Company, Inc., as their representative for the purposes of collective bargaining, and that, pursuant to the provisions of Section 9 (a) of the Act, Amal- gamated Association of Iron , Steel and Tin Workers of North America is the exclusive representative of all such employees for the purposes of collective bargaining in respect to wages, rates of pay, hours of work and other conditions of employment.