Washington Metal Trades, Inc.

In the Matter Of WASHINGTON METAL TRADES, INC.j ET AL.- and UNITED BROTHERHOOD OF WELDORS, CUTTERS & HELPERS OF .'AMERICA Case No. R-3886.-Decided August 14, 1942, Jurisdiction : "steel fabricating and machinery manufacturing industry. Practice and Procedure : petitions dismissed where no appropriate unit within scope of petitions ; Association-wide unit confined to welders, burners, helpers, and leadmen employed by named members of Association and non-members authorizing Association to execute collective bargaining agreements on their behalf, lield inappropriate, where proposed-unit had not been established by collective bargaining or in actual practice, and where additional member and non-member companies employing similar workmen were not included in the petitions. Gros'scup, Morrow c6 Apibler, by Mr. 'Pendleton. Miller and Mr. John Ambler, of Seattle, Wash., for the Association and the Companies. Houghton, Cluck & Coughlin, by Mr. Edevard E. Henry, of Seattle, Wash., and Mr. Nathan J. Kaplan;.of Chicago, Ill., for the United. Mr. L. Presley Gill,, of Seattle, Wash." foi -the X. F. of L. Mr: Max E. Halpern, of counsel to the Board. DECISION " AND ORDER d STATEMENT OF THE CASE Upon a petition and 3 amended petitions duly filed by United Brotherhood,.. of Weldors, Cutters & Helpers of America,' herein called the United, alleging that a question affecting commerce•had• arisen, concerning the representation of employees of Washington Metal Trades, Inc., Seattle, Washington, herein called the Associa- tion, and 20 named -companies of Seattle, Washington, and. vicinity, herein called the 'Companies, the National Labor Relations . Board provided for an appropriate hearing upon due notice before Daniel R. Dimick, Trial Examiner. Said hearing was held at Seattle, Wash- ington, on April 13, 14, 15, 16, 17, and 18, and May 7, 18, 25, and 26, 1942.. The Association, the Companies, the United,. and various 1 The name of the United was amended at the hearing to read'as above. 43 N. L. R. B., No. 20. 158 WASHINGTON METAL TRADES, INC. 159 A. F. of L. unions appeared and participated in the hearing.2 Full opportunity.'to,be heard; to examine and cross-examine witnessesi, and to introduce evidence bearing upon the issues was afforded all' parties. During the 'course of the hearing counsel for the A. F. of L. moved to dismiss. the proceeding upon the ground that no question concern- ing representation had arisen in that no formal request was made. upon the. Association for recognition of the United as majority representative of the employees in an appropriate bargaining unit. • The Trial Examiner reserved ruling on this motion. The motion is hereby denied. Counsel for the A. F. of L. moved, upon two occa- sions, to dismiss the( proceeding for the reason that the United had not established sufficient representation to warrant an investigation and certification. The Trial Examiner- reserved ruling upon- the . motions. The motions are hereby denied.' Counsel for the A. F. of L.' also moved to dismiss the proceeding upon the ground that it was limited to the 20 Companies named therein and did not include, as necessary parties entitled to notice and an. opportunity to be heard, certain additional member companies and other companies for which the Association is authorized to negotiate bargaining agreements, all of which member and non-member. companies employ full or part- time welders, burners, and helpers. Counsel,; for the Association and' the Companies made a statement, which we construe as a motion to dismiss the proceeding for similar reasons. The _ Trial - Examiner reserved ruling on said motions. For the reasons. hereinafter stated, said motions are hereby granted. During the'course of the hearing, the Trial Examiner made several rulings on other motions and on objections, to the admission of evidence. The Trial Examiner's rul- ingsmade at the hearing are free from prejudicial error and are hereby affirmed. 2 International .Brotherhood of Boilermakers , Iron Ship . Builders , Welders and Helpers of America, Local No. 541, herein called'tlie Boilermakers ; Welders,,and International Molders and Foundry Workers Union of North America, Local 311 , appeared pursuant to notice. International Association of Machinists , Welders Union, Local 1351; herein called the Machinists Welders, Machinist Union Local 130 (Everett , Washington), and Stove Mounters Union, Local 71, although served with notice ,' failed to appear. At the hearing the Trial Examiner granted motions to intervene by the following A. F. of L. affiliates : International Brotherhood of Boilermakers , Iron Ship Builders and Helpers of America, Local Nos. 104 and 716; International Brotherhood of Blacksmiths, Drop Forgers and Helpers Local No. 106 ; International Association, of Machinists,. Local' No. 79 and Auto Mechanics Local No . 289; International Molders and Foundry Workers Union of North America , Local No. '158; International Association of.Bridge , Structural & Orna- mental Iron Workers, Shopmen 's Local No. 506; Sheet Metal Workers International Asso- ciation , Local Union No: 99 ; Assortment Workers Local Union No. 383; and Auto 'Sheet Metal Workers' Union No . 387. The A . F. of L. affiliates appearing herein are collectively referred to as the A. F. of L. Seattle Metal Trades Council with which all these Unions , except Molders Local 311, are affiliated , also appeared. 160 DECISIONS OF NATIONAL LABOR RELATIONS BOARD During the course of the hearing the A. F. of L. filed a brief which the Board has considered. On June 18, 1942, the Association. filed its brief which the Board has considered also. Pursuant to'notice duly served upon all the parties, a hearing for the purpose of oral argument was held before: the Board on July '16, 1942, at Washington,- D. C. The United and the.A. F. of L. appeared by 'counsel, participated, and presented oral argument.' . Upon the entire record in the case, the Board makes the following-: FINDINGS OF FACT 1. THE BUSINESS OF THE ASSOCIATION AND THE COMPANIES Washington Metal Trades, Inc., is a non-profit organization consist= ing of approximately 50 member companies engaged in the- inetal trades manufacturing industry in Seattle, Washington, and vicinity. It represents its member companies and other companies in the in- dustry, which are not members of the Association but : which have granted it express. authorization; in bargaining negotiations' and ex- ecutes collective bargaining agreements on their behalf.. .The'.parties are agreed that the Association is subject to the 'jur`isdiction of the Board. Of the 20 Companies narned in the last'amended petition, 14 are members of the Association 4 and '6, though not members, have author' ized the Association to bargain collectively with labor organizations on their behalf.' The. Companies are' engaged in steel fabrication or , -Inachinery manufacture, and operate boiler, machine, sheet metal or blacksmith shops. and forges or foundries,' at their respective plants. During the year 1941, each of said Companies purchased raw materials,' consisting of iron, steel, and scrap, in amounts varying in value among the various Companies from $30,000 to more than $5;000,000,. approxi- mately 50 percent of which was obtained from points outside' the State of Washington. During the same period each of the Companies manu- factured finished products in amounts varying in value from $80,000 to $10,000,000, approximately 50 percent of which was distributed outside 'the State of Washington.' Each of the Companies admits that it is engaged in commerce"within.the meaning of the, Act. Counsel for the A. F. of L. also appeared for the Metal Trades Department of the American Federation of Labor, as amiuus curiae, and also presented a written request of the International Brotherhood of Boilermakers. Iron Ship Builders and Helpers of America for leave to review the' record and file a brief, which latter request was denied by the Board at the oral argument. 4 The 14 member companies are listed in Appendix A, attached hereto: The six non-member companies are listed in Appendix B, attached hereto. The percentages set forth in the text are average, the Companies purchasing from a to 9S percent of their raw materials outside the State and selling or shipping from 10 to 90 percent of their finished products outside the State. WASHINGTON METAL TRADES, INC. 161 II. THE ORGANIZATIONS INVOLVED United Brotherhood of Welders, Cutters &'Helper's of America is an unaffiliated labor organization, admitting to membership welders, cutters (burners), and helpers. International Association of Machinists, Welders, Union Local 1351 and International Brotherhood of BoilermVkers, Iron Shipbuilders, Welders and Helpers of America, Local No. 541 are labor organizations ,affiliated with the American Federation of Labor, admitting to mem- bership only welders. Seattle Metal Trades Council is a labor organization affiliated with the Metal Trades Department of the American Federation of Labor, composed. of affiliated labor organizations in Seattle and the 'vicinity thereof, in the State of Washington,•and authorized to. act on their behalf for purposes of collective bargaining: International Brotherhood of Boilermakers, Iron Shipbuilders :and Helpers of America, Local Nos. 104 and 716; International- Brother= hood of Blacksmiths, Drop Forgers and Helpers Local No;.106; :Inter- national Association of Machinists, Local No. 79, and Auto =Mechanics Local No. 289; International Association of -Bridge, Structural & Orna- mental Iron Workers, Shopmen's Local No. 506; Sheet Metal Workers ,International Association; Local Union No. 99; Assortment Workers Local Union No. 383; Auto Sheet Metal Workers' Local Union 387; and International Molders and Foundry Workers Union_ of North America, Local 158, are labor organizations affiliated with the Amer- ican Federation of Labor and the Seattle Metal Trades Council, ad- mitting to membership production employees of the Companies. International'Molders and Foundry Workers Union of North Amer- ica, Local No. 311 is a labor organization, affiliated with: the American Federation of Labor, admitting to membership production employees of the Companies. III. THE ALLEGED QUESTION CONCERNING REPRESENTATION The controversy in this case arises out of the claim of the United that "welders, cutters (burners), their helpers and leadmen who work in connection therewith" constitute. an appropriate bargaining unit. The A. F. of L., disputing the appropriateness of such, a-unit, requests dismissal of the petition. The Association and the Companies,' while taking no position as to whether a unit of welders, burners, helpers, .and leadmen, is appropriate, request that the petition be dismissed for the reason that any unit found' to be appropriate, must be an Associa- tion-wide unit. The A. F. of L. -likewise urges a dismissal on similar grounds. 4S1039-42--11. . 162 DECISIONS OF NATIONAL LABOR RELATIONS BOARD The Association ' was.. organized in 1936 for the purpose, as stated in its Articles of Incorporation,* of improving and advancing- the metal trades industry in the State of Washington and' of promoting cooperative relations between employers-and employees. Since 1937; the Association has negotiated annual, exclusive bargaining agree= ments with various A. F. of L. affiliates, on= behalf of its members and other employers in he - industry: which, although non-members, have granted the Association express authorization for. that purpose. According to, H. D. Hailey, executive secretary of the Association, the' contracts negotiated by the Association cover such of the Companies as' employ members of the contracting union or perform work over which such union asserts jurisdiction. In 1936,' the Boilermakers W'Ve]ders was chartered by the International Brotherhood of Boiler-- makers, Iron Shipbuilders. and Helpers of America, and in 1937 the Machinists Welders was chartered by 'the International Association of Machinists, both "of which were composed execlusively of welders in their respective crafts. Thereafter, the Association' entered- into an- nual, collective agreements with these welders' locals which covered as a unit welders in each of the crafts and were operative as`fo all of the Companies which employed boilermaker and machinist welders.' - Con- currently the Association entered into contracts with the various craft groups, which contracts, except those with the Boilermakers and Ma- chinists Welders locals, covered a unit of production employees, in- cluding welders or' burners over whom the respective craft groups. asserted jurisdicti.on.s The most recent Association contracts were effective until April,1, 1942,,and automatically renewed from year to year unless required notice was given., and were, by; express provision or in 'practice, closed=shop contracts. Several of the Companies also 7 The Companies covered - by the Association contract with the Boilermakers Welders are : Pacific Car &, Foundry . Co., Isaacson Iron . works, Washington Iron Works ,- Western Blower Company, Sumner Iron Works, Puget Sound Sheet Metal Works, 'Hydraulic Sup- ply Manufacturing Co., Inc., Puget Sound Machinery Depot , Seattle Boiler Works, Canal Boiler Works, Acme Tank & Boiler Co., Areweld Mfg. Co., Inc.,- Apex Sheet Metal Works, H. Amick Sheet Metal Works , and National Steel Construction Co. The Companies cov- ered by the Association contract with the Machinists Welders are : Markey Machinery Company,' Inc.; Prescott Iron Works , C. Kirk' Hillman Co., Webster-Brinkley Co., and Young Iron Works. s Tlie Companies covered by Association contracts with the" various A. F. of L. Unions are : Machu fists: Pacific Car & Foundry Co ., Isaacson Iron Works, Washington Iron Works, Western Blower Company, Sumner Iron Works , Hydraulic Supply Manufacturing Co., Inc., Piiget Sound Machinery Depot, Seattle.Boiler Works, Markey Machinery Company, Inc., Prescott Iron Works, C . Kirk Hillman Co., Webster-Brinkley Co., and Young Iron Works, Boilermakers ( Local 101j): Isaacson Iron Works , Washington Iron Works ; Western Blower Company, Sumner I ron Works, Puget Sound Sheet Metal Works, Hydraulic Supply Manu- facturing Co., Inc., Puget Sound Machinery, Depot , and Seattle Boiler Works . - Blacksmiths: Pacific Car & Foundry Co.,, Isaacson Iron Works , Washington Iron Works, and Young Iron Co. Holders : Pacific Car & Foundry Co., Washington Iron Works, and Webster- Brinkley Co. Auto Mechanics : Isaacson Iron Works . Structural Iron Workers: Pacific Car & Foundry Co., and Isaacson Iron Works. WASHINGTON METAL TRADES, INC. 163 entered into contracts, with various A. F. of'L. craft unions, covering production employees who performed work, including welding and -burning, over which these unions asserted jurisdiction .9 Of these in; dividual-company- contracts, .the two contracts ,with: Pacific .Car.. & -Foundry Co. -are for 2-year periods, expiring June 15, 1942, and 'De- cember 31, 1942, respectively, and are renewable from year to year, unless notice of termination is given,-and the contracts with the four sheet,metal companies 10 run for 1-year periods and expire in January of each year, -unless prior notice of termination is 'given. - At various tunes during the months of October,, November; and'De- cember'1941, the United unsuccessfully sought recognition from the Association. The United claims that on or -about Deceiriber .15,1941, it advised' the Association that it represented 100 percent of the welders employed by the members of the. Association and requested -the.Asso- cia.tion to enter into bargaining negotiations with it. The Association refused to accede to the demands of the United in'view of the above- described existing contracts with. the A. F.'of L. affiliates which it'con- sidered valid and. binding upon 'the member and non-member corn- parries covered thereby. In view,of our decision upon :the principal issues, it is unnecessary to determine whether or not any of these con-' tracts constitutes a bar to a present investigation and'certification of representatives: As previously. stated, the United claims a unit of welders, cutters (burners), helpers, and leadmen. However, it has failed to indicate clearly the' limits of its claim or airy reasonable basis therefor: At the hearing it urged that welders, burners,, helpers, and leadmen employed full time in such capacities, constituted an appropriate unit. At the oral argument , however, it claimed that all craftsmen employed 50 percent or more of their time a's welders, burners, helpers, or leadmen should be included in the -unit. In addition to having taken. these in- consistent positions it is clear.that its latter position of including work- ers who spend 50 percent or more of their time doing such work would not prevent the jurisdictional disputes which the United seeks to avoid, .since many -of the employees of the craft unions-herein involved are engaged in welding and burning varying amounts of their'time. Likewise, it is not established, as the United asserts, that the unit urged follows .an established pattern of collective bargaining. While. the Machinists' and Boilermakers have each established separate g The contracts made , by individual Companies with various A. F. of L . Unions are: Pacific Car & Foundry Co. with Boilermakers Local 716; Pacific Car & Foundry Co. with Auto Sheet Metal Workers : Western Blower Company and Assortment Workers ; Weetern Blower Company , Puget Sound Sheet Metal Works, Apex Sheet Metal Works, H. Amick Sheet Metal' Works. and Sheet Metal Workers. 10 Western Blower Company , Puget Sound Sheet Metal Works, Apex Sheet Metal Works. H. Amick Sheet Metal Works. 164 DECISIONS OF' NATIONAL. LABOR RELATIONS BOARD locals 11 confined to welders, ` the burners were, not included in such units, but were'tdmitted.to membership in other craft groups and cov- ered by contracts between the various A. F. of L. craft unions and the Association or individual Companies. Also, as is apparent from what we have stated above, almost all the Companies had a, number of con= tracts covering .welders in their employ, some of whom were covered by an exclusive welders' contract, whereas other welders were included with production employees in the craft contracts.- Thus it cannot be said that the unit alleged to be appropriate by the United has been established either by collective bargaining or by' actual working practice. While many disputes have arisen in the past because of the conflicting jurisdictional.claims.of the various craft unions over weld- ers, we are not convinced that by upholding,the United's claim.such conflict would be eliminated or that the universal transfer system, now in effect between the various A. F. of L. craft 'unions, will not measur- ably reduce the difficulties which have existed. Finally, however, the petitions of the United are defective in that they name only 14 members of the Association and 6 non-members. As stated above, the Association has for many years negotiated collective bargaining agreements for member and non-member companies, and the contracts involved, for the most part, have been between the.Asso- ciation and the various unions involved. The record establishes that numerous companies, both members and non-members, other than those named in the petitions, employ welders, burners, helpers, and leadmen and that the Association has negotiated collective bargaining agree- ments on behalf of such companies. The United made no explanation for its failure to include these additional companies in its petitions. Although the United claimed at the oral argument that it desired an election and certification on an Association-wide basis, the. proceedings do not warrant such a direction. For all of the foregoing reasons, we shall dismiss the petition and amended petitions.. . We find that no question has arisen concerning the representation of employees of Washington Metal, Trades, Inc., and of the Companies herein involved.. ORDER Upon the basis of the above findings of fact, the National Labor Re- lations Board hereby orders that the petitions for investigation and- certification of 'representatives of employees of Washington Metal IS It appears that after the welders' strike in October 1941. in which the welders .of the Companies participated, Machinists Welders Local 1351 was suspended and in February 1942 was dissolved by order of the International's president.; its-members being trans- ferred to Machinists Local 79 and Auto Mechanics Local 289. WASHINGTON METAL TRADES INC. 165 Trades, Inc.,,and ,of. the Companies, filed-by the United Brotherhood of Weldors, Cutters'& Helpers of America, be, and they hereby are, dismissed. APPENDIX A MEMBER COMPANIES C. Kirk Hillman d/b/a C. Kirk Hillman Company Hydraulic Supply Manufacturing Co., Inc, Isaacson Iron Works Markey Machinery Company, Inc. Pacific Car and Foundry Company Prescott Iron Works, Inc. Puget Sound Machinery Depot Puget Sound Sheet Metal Works Frank Hopkins d/b/a Seattle- Boiler Works Sumner Iron Works Washington Iron Works Webster-Brinkley Co. Western Blower Company Young Iron Works APPENDIX B NONMEMBER COMPANIES Rollin C. Rogers and H. B. Youngquist d/b/a Canal Boiler Works Ed. Flour and Carlos Flohr d/b/a Apex Sheet Metal Works F.' T. Jenkins and C. S. Corning d/b/a Acme Boiler & Tank Company - Mrs. Nels Amick d/b/a H. Amick Sheet Metal Works National Steel Construction Company Arcweld Mfg. Co..- Inc.