Lancaster Iron Works, Inc.

In the Matter of LANCASTER IRON WORKS, INC. and INTERNATIONAL ASSOCIATION OF MACHINISTS, A. F. OF L. Case No. 5-R-1990.-Decided January 3, 1946 Mr. Paul A. Mueller, of Lancaster, Pa., for the Company. Mr. Walter F. McKenna, of Baltimore, Md., for the Machinists. Messrs. Charles A. Leone and J. R. Heater, both of Baltimore, Md., for the C. I. O. Mr. Angelo J. Fiwmara, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF' THE CASE Upon a petition duly filed by International Association of Ma- chinists, A. F. of L., herein called the Machinists, alleging that a question affecting commerce had arisen concerning the representation of employees of Lancaster Iron Works, Inc., Perryville, Maryland, herein called the Cofnpany, the National Labor Relations Board pro- vided for an appropriate hearing upon due notice before Sidney J. Barban, Trull Examiner. The hearing was held at Baltimore, Mary- land, on August 13, 1945. The Company, the Machinists, and In- dustrial Union of Marine and Shipbuilding Workers, Local No. 51, CIO, herein called the C. I. 0., 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 rulings of the Trial Examiner 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: I At the hearing , the Machinists objected to the C. I. 0 's motion to intervene on the ground that the C. I. O. 's showing of interest was not evidenced by current membership cards The Trial Examiner allowed the C. I. O. to participate in the - hearing but reserved for the Board ruling on the motion . Since the C. I O.'s claim of interest was substantiated in the manner set forth in footnote 6, infra, the motion to intervene is hereby granted. 65 N. L. R. B., No. 25. 105 106 DECISIONS OF NATIONAL LABOR RELATIONS BOARD FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Lancaster Iron Works, Inc., a Pennsylvania corporation, operates- in all two plants in Lancaster, Pennsylvania, and one plant in Perry- aille, Maryland. We are here concerned solely with the operations at the Perryville, Maryland, plant where the Company assembles barges, ships, dredges, and tankers. During the first 6 months of 1945, almost all the raw materials used by the Company at this plant came from: points outside the State of Maryland. During this same period vir- tually all the Company's finished products at the Perryville plant, of a value in excess of $200,000, were shipped to points outside the State. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATIONS INVOLVED International Association of Machinists, affiliated with the Amer- ican Federation of Labor, is a labor,organization admitting to mem- bership employees of the Company. Industrial Union of Marine and Shipbuilding W9rkers, Local No. 51, affiliated with the Congress of Industrial Organizations, 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 Machinists as the exclusive bargaining representative of certain of its employees until the Machinists has been certified by the Board in an appropriate unit. The C. I. O. contends that the Board should withhold a deter- mination of representatives until the War Labor Board Shipbuilding Commission decides in a pending proceeding whether the November 12, 1943, contract between it and the Company is currently in effect. On May 12, 1942, pursuant to a consent election held on May 4, 1942, the C. I. O. was designated by a Regional Director of the Board as the bargaining representative of the Company's employees at its Perry- ville, Maryland, plant. The Company and the C. I. O. thereafter executed a collective bargaining contract on June 1, 1942, and again on November 12, 1943. The 1943 contract 2 provided that it was to remain in effect until June 23, 1944, and from year to year thereafter 2 This contract was made retroactive to June 23 , 1943, by virtue of a war Labor Board Order. Both contracts embodied provisions respecting wages, hours , and conditions of work. LANCASTER IRON 'WORKS, INC. 107 unless terminated by either party upon 30 days' written notice before any anniversary date. Neither contracting party gave notice of termi- nation in 1944, but in 1945 the Company stayed the operation of the automatic renewal clause by timely notice of its desire not to renew the contract. The Company thereafter refused to negotiate with the C. I. 0. with respect to extending the contract, and the matter was certified to the War Labor Board about June 27,1945. The proceeding was still pending at the time of the hearing. The contract of November 12, 1943, was terminated as of June 23, 1945, and cannot, therefore, standing by itself, operate as a bar to this proceeding. The C. I. 0., however, contends, in effect, that the proceeding before the War Labor Board with respect to extending that contract bars a present determination of representatives under the doctrine of the Allis-Chalmers case.$ We do not agree. The Board has repeatedly held that the mere submission of a dis- pute to the War Labor Board will not, in every case, justify a post- ponement in the consideration of a petition by a rival union. It is only where the bargaining representative has been newly certified or recog- nized and its initial efforts to secure benefits for the employees have been of no avail because of voluntary submission to the procedures of the War Labor Board that such proceedings will be held to be a bar 4 In the instant case, the C. I. 0. was not a newly certified repre- sentative at the time of commencement of the proceedings before the War Labor Board; it had already been the bargaining representative for more than 3 years at that time. Moreover, during its tenure as bargaining representative, the C. I. 0. has had ample opportunity to obtain, and has obtained, substantial benefits for the employees whom it has been representing.-' In these circumstances, we find that there is no bar to the present proceeding. A statement of a Board agent, introduced into evidence at the hearing, indicates that the Machinists represents a substantial number of employees in the unit hereinafter found appropriate." 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. 8 50 N. L. R. B. 306. 4 See Matter of Jackson Boa Company, 59 N. L R. B. 808; and Matter of International Harvester Company, 55 N. L. R. B. 497. 5 See Matter of The American Brass Company, 56 N. L. R. B. 1611 ; Matter of Caterpillar Tractor Co ., 57 N L. R. B. 1798; Matter of American Tool Works Company, 59 N. L. R. B. 404; and Matter of American Chain d• Cable Company, Inc., 59 N. L. It. B. 644. "The Field Examiner reported that the Machinists submitted 26 membership cards dated June 5 , 1945, and that there are about 26 employees in the appropriate unit The C. I. O. relies upon its recently expired contract as proof of its interest in this proceeding. 108 DECISIONS OF NATIONAL LABOR RELATIONS BOARD IV. THE APPROPRIATE UNIT We find, in accordance with the agreement of the parties, that all employees of the Company at its Perryville, Maryland, plant, exclud- ing office employees, timekeepers, 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, constitute a unit appropriate for the purposes of collective bar- gaining 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, 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 Lancaster Iron Works, Inc., Perryville, Maryland, an election by secret ballot shall be conducted as early as possible, but not later than sixty (60) days from the date of this Direction, under the direction and supervision of the Regional Director for the Fifth Region, acting in this matter as agent for the National Labor Relations Board, and subject to Arti- cle 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 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 and have not been rehired or reinstated prior to the date of the election, to determine whether they desire to be represented by International Association of Machinists, A. F. of L., or by Industrial Union of Marine and Ship- building Workers, Local No. 51, C. I. 0., for the purposes of collective bargaining, or by neither.