Geo. B. Limbert & Co.

Ill the Matter of GEO. B. LIMBERT & Co. and UNITED STEELWORKERS OF AMERICA, DISTRICT 31, C. I. O. Case No. B-5578.-Decided July 201, 1943 Mr. George M. Sundhein, and Pope d Ballard by Mr. William F. Price, of Chicago, Ill., for the Company. Mr. Norman L. Harris, of East Chicago, Ind., for the C. I. O. Mr. Daniel D. Carmell, of Chicago, Ill., for the A. F. L. Mr. William R. Cameron, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by United Steelworkers of America, District 31, C. I. 0., herein called the C. I. 0., alleging that a ques- tion affecting commerce had arisen concerning the representation of employees of Geo. B. Limbert & Co., East Chicago, Indiana, herein called the Company, the National, Labor Relations Board -provided for an appropriate hearing upon due notice before William W. Ward, Jr., Trial Examiner. Said hearing was held at Chicago, Illinois, on June 22, 1943. The company, the C. I. 0., and Steamfitters Pro- tective Association, Local 597, A. F. of L., herein called the A. F. L., appeared, participated, and 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 Geo. B. Limbert & Co. is an Illinois corporation engaged in the manufacture and sale of fabricated piping. Its general offices and warehouse are located in Chicago, Illinois. Its only plant is located 51 N. L. R. B., No. 102. 591 592 DECffSIONS OF NATIONAL LABOR RELATIONS BOARD in East Chicago, Indiana. During the year 1942, the Company pur- chased raw materials, consisting of steel and iron pipe, cast iron, bolts, gaskets, and allied products, amounting in value to more than $800,000, of which approximately 80 percent was shipped to the Company's plant from points outside the State of Indiana. During the same period, the Company sold finished products, amounting in value to more than $1,400,000, of which approximately 80 percent was shipped to points outside the State of Indiana. The Company concedes that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATIONS INVOLVED 'United Steelworkers of America, District 31, is a labor organiza- tion affiliated with the Congress of Industrial Organizations, admitting to membership employees of the Company. Steamfitters Protective Association, Local 597, is a labor organization affiliated with the American Federation of Labor, admitting to mem- bership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION On April 26, 1943, the C. I. O. notified the Company by letter that it represented a majority of the Company's, employees, and requested recognition as exclusive bargaining representative. The Company replied, by letter of May 31, 1943, that it was operating under a con- tract with the Steamfitters Protective Association, Local 597, A. F. L. The A. F. L. and the Company, on June 1, 1939, entered into a col- lective bargaining contract which, according to its terms, expired on June 1, 1940. On May 5, 1943, the A. F. L. and the Company entered into a contract to become effective June 1, 1943, and to continue in force through May 31, 1944, with provision for automatic renewal from year to year thereafter in the absence of written notice by either party to the other served within 90 days prior to its expiration date. It was stated in the contract of May "5, 1943, and evidence was adduced on behalf of the A. F. L. and the Company at the hearing, that the con- tract of June 1, 1939, which contained no provision for renewal, had nevertheless been renewed from year to year by oral agreement be- tween the parties. Both the A. F. L. and the Company contend that they have been operating under a continuing contract since June 1, 1039,' and that the contract constitutes a bar to a determination of representatives at this time. From the record, the salient facts of which are as above set forth, it would appear that from June 1, 1940, to May 5, 1943, the A. F. L. and the Company were not bound in contractual relationship by any in- GEO. B. LIMBE!RT & CO. 593, strument in writing. The established policy of the Board has been to, favor the reduction to a properly executed instrument in writing of all matters of contractual relationship, as furthering the stability of labor relations.' It is not necessary in this case, however, for us to determine whether the contract of June 1, 1939, constituted, during the period of its claimed oral extension, a bar to an election because this contract is not claimed to have been extended beyond May 31, 1943, and is clearly no longer in effect. Although it was testified that negotiations for a new contract were commenced sometime during December of 1942, yet the new contract was not executed until May 5, 1943, prior to. which time the C. I. O. had given notice to the Company of its claim to representation. Inasmuch as the contract of June 1, 1939, is clearly terminated, and the contract of May 5, 1943, was entered-into after no- tice had been received of the claim of the C. I. O. to representation, we find that neither contract is a bar to a determination of representatives, at this time. A statement of the Regional Director, introduced in evidence at the- hearing, indicates that the C. I. O. represents a substantial number of employees in the unit hereinafter found to be appropriate.2 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. IV. THE APPROPRIATE U NIT The parties are agreed that a general production and maintenance- unit is appropriate, and all agree that salesmen, truck drivers, office- workers, and plant superintendents should be excluded. The C. I. O.,_ however, contends that the Company's watchmen should be included,- and the A. F. L. and the Company contend that they should be ex- cluded. The Company employs three watchmen. They do not wear uniforms and are not armed. Their principal duty is to make hourly- rounds of the plant, but this duty occupies less than 50 percent of their time. They also fire boilers, perform certain duties similar to those of janitors, and do odd jobs about the plant. It does not appear that they have been deputized or sworn in as members of the auxiliary- military police. Inasmuch as these plant-protection employees 1 See Matter of Eticor, Inc., 46 N. L. R. B. 1035 2 The Regional Director reported that the C. I. 0 submitted 97 authorization and member- ship cards , of which 91 appeared to bear the genuine original signatures of persons whose, names are on the Company's pay roll of April 30, 1943, containing the names of 125 persons within the unit claimed to be appropriate . Of the cards bearing aliparently genuine original signatures of persons whose names are on the above-mentioned pay roll , 42 were dated in., April 1943, 5 in May 1943, and 44 were undated. The A. F. L. relies upon the contract referred to above as establishing its interest.. 594 DECISIONS OF NATIONAL LABOR RELATIONS BOARD spend half, or more, of the time engaged in work similar to that per- formed by the production and maintenance employees, and in the absence of any showing that they are militarized, we shall include them in the unit. We shall, however, exclude armed or militarized guards, if any. At the hearing, controversy developed concerning inclusion within the unit of six employees allegedly listed on the Company's pay roll as foremen.' The C. I . O. contends that these employees should be excluded from the unit as supervisory employees. The Company contends that they are not supervisors and should be included. The record indicates that they are production employees who perform manual work the greater portion of their time. They also distribute shop orders, or working plans, to the employees with whom they work. The' record does not clearly indicate, however, whether these men are empowered to make effective recommendations to the plant superintendent or plant manager concerning the disciplining of em- ployees, or otherwise to effect changes in the status of employees. In- asmuch as the record fails to define with any degree of certainty the extent of their authority, we shall exclude or include these employees depending upon whether they fit the definition of supervisory em- ployees hereinafter set forth. We find that all production and maintenance employees of the Com- pany, including watchmen, but excluding salesmen, truck drivers, clerical employees, armed or militarized guards, and all supervisory employees with authority to hire, promote', discharge, discipline, or otherwise effect changes in the status of employees, or effectively rec- ommend 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 We shall direct that the question concerning representation which has arisen be resolved by an election by secret ballot among the em- 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. - 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, s The employees , Joseph L. Jones, Tony Mataske, Allesandro Ieule, Serge Nelson, Reese Lloyd, Sr., and Reese Lloyd, Jr., are claimed by the C. I. 0. to be listed on the pay roll as foremen. However, no pay roll was submitted in evidence in substantiation of this claim. The record further indicates that Reese Lloyd, Sr , has now been transferred to a position, as shipping clerk and hence falls within the category of clerical employees hereinafter excluded from the appropriate unit. GE'O. B. LIMBE'RT & CO. 595 and pursuant to Article III, Section 9, of the National Labor Relations Board Rules and Regulations-Series 2, as amended, it is hereby DIRECTED that, as part of the investigation to ascertain repre- sentatives for the purposes of collective bargaining with George B. Limbert & Co., East Chicago, Indiana, 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 Thirteenth Region, acting in this mat- ter as agent for the National Labor Relations Board, and subject to Article III, Section 10, of said Rules and Regulations, among the 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 States who present themselves in person at the polls, but excluding any who have since quit or been discharged for cause, to determine whether they desire to be represented by United Steelworkers of America, Dis- trict 31, C. I. 0., or by Steamfitters Protective Association, Local 597, A. F. of L., for the purposes of collective bargaining, or by neither. 540612-44-vol. 51-39