Truck Welding Co., Inc.

In the Matter of TRUCK WELDING COMPANY, INC. and UNITED BROTH- ERHOOD OF WELDORS, CUTTERS, & HELPERS OF AMERICA Case No. R-569- Decided August 14, 19/ Jurisdiction : truck equipment manufacturing industry. Investigation and Certification of Representatives : existence of question: te- fusal to accord union recognition ; conflicting claims of rival representatives ; contracts automatically renewed after filing of petition held no bar; election necessary. Unit Appropriate for Collective Bargaining : unit confined to welders held ap- propriate, in view of consistent recognition of such employees as a separate group. Bayley, Fite, Martin ct Shorts, by Mr. Bruce Shorts, Jr., of Seattle, Wash., for the Company. - Houghton, Cluck cfi Coughlin, by Mr. Paul Coughlin, of Seattle, Wash., and Mr. Nathan J. Kaplan, of Chicago, Ill., for the United. Mr. L. Presley Gill, of Seattle, Wash., for the A. F. of L. Mr. James A. Duncan, of Seattle, Wash., for the I. A. M. and Machinists Welders. Mr. Max E. Halpern, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by United Brotherhood of Weldors, Cut- ters & Helpers of America,' herein called the United, alleging that a question affecting commerce had arisen concerning the representa- tion of employees of Truck Welding Company, Inc., Seattle, Wash- ington, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice 2 before 1 The name of the United was amended at the hearing to read as above. ' Copies of the notice of hearing were served upon the Company, the United, and upon In- ternational Association of Machinists, Local No. 79, and Auto Mechanics, Local No. 289, herein called the Machinists and Auto Mechanics respectively ; International Association of Machinists, Welders Union, Local No. 1351, herein called the Machinists Welders ; Auto Sheet Metal Workers' Local Union 387, herein called the Sheet Metal Workers ; Interna- tional Brotherhood of Boilermakers, Iron Shipbuilders and'Helpers of America, Local No. 43 N. L. R. B., No. 23. 206 TRUCK WELDING COMPANY, INC. 207 Daniel R. Dimick, Trial Examiner. Said hearing was held at Seattle Washington, on March 13 and 14, 1942. The Company, the United, and the A. F. of L. appeared, participated, and were afforded full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing upon the issues. On February 23, 1942, counsel for the A. F. of L. filed a formal motion with the Regional Director for the Nineteenth Region requesting that the petition be dismissed. Said motion *as renewed at the close of the hearing. The Trial Examiner reserved ruling on the motion. The motion is hereby denied. During the course of the hearing counsel for the A. F.-of L. requested that the Board hold the decision herein in abeyance pending its decision in several companion cases, includ- ing Matter of Washington Metal Trades, Inc. and United Brother- hood of Weldors, Cutters d Helpers of America, Case No. R-3886 (XIX R-865), decided simultaneously herewith. , In view of the similarity of issues presented in the instant case and in Matter of Washington Metal Trades, Inc., the Board directed that a hearing be held before the Board for the purpose of oral argument in both cases. Pursuant to notice duly served upon all tM parties, a hearing was held for the purpose of oral'argument 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 I. THE BUSINESS OF THE COMPANY Truck Welding Company, Inc., a corporation organized under the laws of the State of Washington, maintains its principal office and place of business in Seattle, Washington, where it is engaged in the manufacture, installation, and repair of truck bodies, tanks, and frames. During the year,1941 the Company purchased raw mate- rials, consisting of structural steel, plates, bars, pumps, hoists, meters, hose, rivets, and valves, valued in excess of $45,000, approximately 50 percent of which was shipped from points outside the State of Washington. During this same period the Company manufactured finished products valued in excess of $100,000, all of which was -sold locally, but 25 percent of which was shipped by the purchasers without further processing, to points outside the State of Washington. 104, herein called the Boilermakers ; and International Brotherhood of Blacksmiths, Drop Forgers and Helpers, Local No. 106, herein called the Blacksmiths . All of said unions ap- peared herein except the Machinists ; however, the International Association of Machinists, herein called the I. A. M., entered an appearance. All of the foregoing unions except the Machinists Welders are herein collectively referred to as the A . F. of L. 208 DECISIONS OF NATIONAL LABOR RELATIONS BOARD II. THE ORGANIZATIONS INVOLVED United Brotherhood of Weldors, Cutters & Helpers of America is an unaffiliated labor organization, admitting to membership welders, burners, and their helpers. International Association of Machinists, Welders Union, Local No. 1351, is a labor organization affiliated with the American Federation of Labor, admitting to membership only welders. International Association of Machinists, Local No. 79, -and Auto Mechanics Local No. 289; Auto Sheet Metal Workers' Local Union 387; International Brotherhood of Boilermakers, Iron Shipbuilders and Helpers of America, Local No. 104; and International Brother- hood of Blacksmiths, Drop Forgers and Helpers, Local No. 106, are labor organizations affiliated with the American Federation 'of Labor, admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION During the month of December 1941, the United requested the Company to recognize it as exclusive representative of certain em- ployees of the Company and to negotiate a collective bargaining agreement. The Company refused, asserting that it was bound by existing agreements `with the Auto Mechanics and the Machinists Welders, covering the employees in question. On December 19, 1941, the United filed its petition herein. On April 24, 1941, the Company entered into a contract with the Auto Mechanics covering "Journeymen Assemblymen, Specialists (Class A) and Specialists (Class B)." 3 The contract was to remain in effect until April 1, 1942, and from year to year thereafter, unless either party gave 30 days' prior notice of termination. Similar con- tracts had been made between the parties since 1926. Also on April 24, 1941, a contract was made between the Company and the Machin- ists Welders, covering "Journeymen Welders," the provisions of which paralleled the provisions of the above-mentioned contract and recited that the contract would remain in effect until April 1, 1942, and be automatically renewed from year to 'year thereafter unless written notice of a desire to change, modify, or terminate was given 30 days prior to the date of expiration. This contract likewise re- placed a prior contract between. the parties. Since the term of these contracts has now expired and since both the Company and the con- tracting unions had notice of the claim of the United prior to the The President of the Company defined a specialist as a helper for the mechanics, but not for the welders. TRUCK WELDING COMPANY, INC. 209 effective renewal date of the contracts, it is clear that neither contract constitutes a bar to a present determination of representatives. During the course -of the hearing, evidence was submitted to the Trial Examiner, .from which it' appears that the United and the Auto Mechanics both represent a substantial number of the employees of the Company in the unit hereinafter found to be, 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 National Labor Relations Act. IV. THE APPROPRIATE UNIT ' - The United requests a unit of the four welders employed by the Company.5 The A. F. of L. contends that the unit is inappropriate and urges dismissal of the petition. The Company takes no position with respect to the propriety of the proposed unit. The Company operates a welding and general repair shop and at the time, of the hearing employed 17 production employees, classified on its pay roll as: 4 welders, 5 mechanics, 4 helpers, 1 sheet metal worker, 1 blacksmith, 1 boilermaker who also serves as foreman, and a second foreman.' The Company handles truck tanks on one side of the shop and truck bodies on the other side under the supervision of the separate foremen, although the mechanics and their helpers who lay out and assemble the material' upon which their work is' performed and the welders who, while these materials are in posi- tion for assembly, do the necessary tacking and welding, work on both sides of the shop. The welders utilize'in their work 4 stationary and 1 portable electric arc-welding machines. In addition the welders spend a small amount of their time in burning or heating, using the oxyacetylene torch. All the other production employees use the 4 A statement of the Trial Examiner made during the hearing , shows that the United submitted two statements of designation , dated respectively December 11, 1941, and March 4 , 1942 , indicating that the four welders employed by the Company wish to be rep- resented by the United . The Trial Examiner's statement also shows that the Auto Me- chanics submitted four application -for-membership cards, dated February 11, 1942, three of which bear apparently genuine signatures of persons listed on the Company 's pay roll of February 28, 1942, as nelders , and one as a helper. Other than the contract between the Company and the Machinists welders no evidence was submitted by the Machinists welders of its representation of any of the welders No evidence was submitted by the Blacksmiths , the Boilermakers , or the Sheet Metal workers as to their representation except that the record discloses that these unions represent, respectively , the blacksmith , the boilermaker, and the sheet metal worker employed by the Company. 51n its petition the United alleged that the appropriate unit consisted of "all welders, cutters (burners ), and helpers and leadmen who work in connection therewith." When it was disclosed at the hearing that the Company employs no cutters, burners, welders' helpers, or leadmen, the United restricted its request to a unit of welders only. 6 One of the four welders was recently employed and does not appear on the Company's pay roll of February 28, 1942; nor does the blacksmith appear on this pay roll due to absence on account of illness. 481039-42-vol. 43-14 210 DECISIONS OF NATIONAL LABOR RELATIONS BOARD oxyacetylene torch to cut metals or to shape them, from 1/10th to 3/10ths of their time, but they do not use the electric arc-welding machines. Prior to 19,37, the Company had 'entered into separate agreements with the Auto Mechanics covering the welders who operated the electric arc-welding machines. Subsequent to the organization of a separate welders' local by the Machinists in 1937,7 the Company entered" into contracts with the Machinists Welders covering these same employees. As is more fully'stated in Matter of Washington Metal Trades, Inc., the Machinists Welders was dissolved in Febru- ary 1942. According to the representative of the I. A. M., just' prior to the suspension of the Machinists Welders' local, the con- tract between the Company and the Machinists Welders was assigned to the Auto Mechanics and the International Association of- Machin- ists. Irrespective of the effectiveness or validity of the assignment, it is sufficient to note that the contract covering exclusively the weld- ers who operate the electric arc-welding machines, was continued in effect even after,the suspension of a local limited to welders. Thus the issue presented in this case is vastly different from that presented in Matter of Washington Metal Trades, Inc. Here a group of employees, whose work differs in essential respects from that of other production employees in the shop and who have consistently acted and been recognized as an appropriate bargaining unit, merely seek an opportunity to select a bargaining representative. Under these circumstances, we find that the welders employed by the Com- pany, excluding all other maintenance and production employees, office and clerical employees, and supervisors, constitute a unit appro- priate for the purposes of collective bargaining, within the meaning of Section 9 (b) of the Act. V. THE DETERMINATION OF REPRESENTATIVES We find that the question which has arisen concerning repre- sentation can best be resolved by an election by secret ballot. The A. F. of L. has requested to be designated on the ballot as the Ameri- can Federation of Labor. We hereby grant the request and 'shall so direct. The United assigned no reason for its request that eligibility to vote be determined as of the pay-roll date immediately preceding the hearing herein. Accordingly, we shall follow our usual practice and direct that those eligible to vote in' the election shall be the employees in the appropriate unit who were employed during the 7 See Matter of Washington Metal Trades ; Inc, and United Brotherhood of Weldors, Cotters d Helpers of America, decision issued this day TRUCK WELDING COMPANY, INC. 211 pay-roll period immediately preceding the date of the Direction of Election herein, subject to the limitations and additions set forth in the Direction. '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 Rela- tions Act, and pursuant to Article III, Section 8, of National Labor Relations Board Rules and Regulations-Series 2, as amended, it is hereby DIRECTED that, as part of the investigation ordered by the Board to ascertain-representatives for the purposes of, collective bargaining with Truck Welding Company, Inc., Seattle, Washington, 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 Nine- teenth Region, acting in this matter as agent for the National Labor' Relations Board, and subject to Article III, Section 9, of -said Rules and Regulations, among the employees in the unit-found appropri- ate in Section IV,above, who were, employed by the Company during the pay-roll period immediately preceding the date of this Direction, including any, such employees who did not work during such pay- roll period ,because they were ill or on vacation or in the active mili- tary service or training of the United States, or temporarily laid off, but excluding any who have since quit or been discharged for cause, to determine whether they desire to be represented by United Brotherhood of Weldors, Cutters & Helpers of America, or by the American Federation of Labor, or by neither,