Climax Machinery Company

In the Matter of CLIMAX MACHINERY COMPANY and METAL POLISHERS, BUFFERS, PLATERS AND HELPERS, LOCAL UNION No. 171, AFFILIATED WITH THE A. F. OF L. Case No. B-1391.-Decided August 5, 1939 Metal Products Manufacturing Industry-Investigation of Representatives: petition for, dismissed , where no question concerning the representation of employees in a unit which could be found appropriate has arisen. Mr. Walter B. Chelf, for the Board. Mr. William J. Campbell, of Indianapolis, Ind., for the Company. Mr. Ray Kelsay, of Cincinnati, Ohio, for the Metal Polishers. Mr. James Robb, of Indianapolis, Ind., for the Amalgamated. Mr. David Findling, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE On April 8, 1939, Metal Polishers, Buffers, Platers and Helpers, Local Union No. 171, affiliated with the A. F. of L.. herein called the Metal Polishers Union, filed with the Regional Director for the Eleventh Region (Indianapolis, Indiana) a petition alleging that a question affecting commerce had arisen concerning the representation of employees of Climax Machinery Company, Indianapolis, Indiana, herein called the Company, and requesting an investigation and certifi- cation of representatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On April 24, 1939, the National Labor Relations Board, herein called the Board, acting pursuant to Section 9 (c) of the Act and Article III, Section 3, of National Labor Relations Board Rules and Regulations-Series 1, as amended, ordered an investigation and authorized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice. On May 11, 1939, the Regional Director issued a notice of hearing, copies of which were duly served upon the Company, upon the Metal Polishers Union, upon Metal Polishers, Buffers, Platers and Helpers International Union, and upon Local Union No. 1695 of the Amalga- 14 N. L. R. B., No. 18. 252 CLIMAX MACHINER Y COMPANY 253 mated Association of Iron, Steel and Tin Workers of North America, herein called the Amalgamated, a labor organization claiming to rep- resent employees directly affected by the investigation. ' Pursuant to the notice, a hearing was held on May 25, 1939, at Indianapolis, Indi- ana, before J. J. Fitzpatrick, the Trial Examiner duly designated by the Board. The Board, represented by counsel, the Company, the Metal Polishers Union and the Amalgamated, represented by their officers or agents, participated in the hearing. The Metal Polishers International Union did not attend or participate. Full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues was afforded all parties. At the begin- ning of the hearing, the representative of the Metal Polishers Union moved to amend the petition to read that the Company employed 10 metal polishers and buffers instead of 8. This motion was granted by the Trial Examiner. During the course of the hearing, the Trial Examiner also made rulings on other motions and on objections to the admission of evidence. The Board has reviewed the rulings of the Trial Examiner and finds that no prejudicial errors were committed. The rulings are hereby affirmed. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Climax Machinery Company is an Indiana corporation and has its plant and principal office in Indianapolis, Indiana. It was organized in 1905.. It is engaged in the business of fabricating, manufacturing, and finishing metal products, chiefly meat-slicing machines, self-con- tained air conditioners, smoking stands, biological refrigerators, and automatic weighing machines. It also does polishing and plating on order from other companies in Indianapolis. The principal raw materials used in the business of the Company are iron, brass, aluminum, and steel. Approximately 80 per cent of these raw materials, valued at about $300,000 annually, are purchased out- side of the State of Indiana. The Company's output annually is valued at from $500,000 to $750,000. Approximately 90 per cent of its finished products are shipped to points outside of the State of Indi- ana, shipments being made to every State in the United States and to several foreign countries. The bulk weight of the raw materials and of the finished products averages 300 tons per year. The Company uses both freight and motortruck facilities for its shipments or deliv- eries, and sells its products chiefly through the medium of sales dis- tributing organizations located throughout the United States. 254 DECISIONS OF NATIONAL LABOR RELATIONS BOARD At the time of the hearing, the Company employed between 80 and 90 men in its plant. II. THE ORGANIZATIONS INVOLVED Metal Polishers, Buffers, Platers and Helpers, Local Union No. 171, is a labor organization affiliated with the Metal Polishers, Buffers, Platers and Helpers International Union, which in turn is affiliated with the American Federation of Labor. It admits to its member- ship metal polishers, buffers, platers, and helpers employed in Indi- anapolis, Indiana.. Local Union No. 1695 of the Amalgamated Association of Iron, Steel and Tin `Yorkers of North America is a labor organization affiliated with the , Committee for Industrial Organization,' and admits to its membership all production and maintenance employees of the Company except foremen, men who hire or fire, supervisors, salesmen, office help, draughtsmen, technical engineers, watchmen, and experimental and development men. III. THE APPROPRIATE BARGAINING UNIT The Metal Polishers Union asserts that the polishers and buffers employed by the Company constitute by themselves an appropriate unit for collective bargaining. It does not wish to include the platers and helpers in the bargaining unit. The Amalgamated claims that the unit established by its agreements with the Company, hereinafter discussed, consisting of all production and maintenance employees of the Company, including polishers and buffers, eligible to membership in the Amalgamated is the appropriate unit, and should not be disturbed. The Company's position is that it is satis- fied with the unit established by its agreements with the Amalga- mated but has no objection to the recognition of the polishers and buffers as a separate unit. Prior to 1937 there had been no successful collective bargaining between the Company's employees and the Company, and for approximately 7 years there had been no organizational activity of any kind in the plant.2 Early in 1937 the Amalgamated began to organize the Company's plant, and by May 14, 1937, had as its members more than a majority of the Company's employees. At this time a contract for 1 year' was made between the Company and the ' Now the Congress of Industrial Organizations. Between 1913 and 1930 the polishers and buffers employed by the Company were mem- bers of the Metal Polishers Union and had a shop committee and steward who presented grievances in their behalf. However, following an unsuccessful strike called by the Metal Polishers Union in 1930, they permitted their memberships to lapse . The Union had never made any formal agreements with the Company , either oral or in writing. CLIMAX _IIACHINERY COMPANY 255 Amalgamated, in which the Company recognized the Amalgamated as the collective bargaining agency for its employees. This contract was extended on May 14, 1938, for another year, and on May 14. 1939, was further extended until a new agreement should be reached. On May 24, 1939, a new agreement for 1 year -v as made. In March and April, 1939, the Metal Polishers Union succeeded in securing the membership of all of the polishers and buffers in the plant, then 10 in number, and at the hearing all of the 10 polishers and buffers testified that they were members of the Metal Polishers. Union and that they wished the Metal Polishers Union to represent them.3 On all the facts of this case we believe that a unit composed of the polishers and buffers alone is not appropriate. The Metal Polishers Union admits to membership not only polishers and buffets but, also platers and helpers. By function -and association they belong to- gether. In seeking to exclude platers and helpers the Union is at- tempting to establish a unit that constitutes merely a fragment of a traditional craft group.4 In view of the foregoing 'it is unnecessary to pass upon the con- tention of the Amalgamated that a unit of all production and main- tenance employees is appropriate, or to determine what unit would be appropriate in this case. IV. THE QUESTION CONCERNING REPRESENTATION Since the bargaining unit sought to be established by the petition is not appropriate, as stated in Section III above, we find that no question has been raised concerning the representation of employees of the, Company in an appropriate bargaining unit. Upon the basis of the above findings of fact and upon the entire record in the case, the Board makes the following: CONCLUSION OF LAW No question concerning representation of employees of Climax Machinery Company, Indianapolis, Indiana, in a unit which is appro- priate.for the purposes of collective bargaining has arisen, within the meaning of Section 9 (c) of the National Labor Relations Act. 8A representative of the Metal Polishers Union also testified that polishers and buffers have been "recognized" in many other plants In Indianapolis for many years as an appropriate unit for collective bargaining . It does not appear what form this "recognition" took ; nor does it appear that the polishers and buffers excluded platers and helpers employed by such companies from the bargaining unit, as they seek to do in this case. 'See Matter of Pembrandt Lamp Corporation and Metal Polishers, Buffers, Platers and Helpers International Union, Local No . 6, 13 N. L. R. B. 945; Matter of Novelty Steam Boiler Works and Local 101, Welders, Burners, Apprentices, A. F. of L., 7 N. L. R. B. 969. See also Matter of Zenite Metal Corporation and United Automobile W'rkers of America, Local No. 442, 5 N. L. R. B. 509. 256 DECISIONS OF NATIONAL LABOR RELATIONS BOARD ORDER Upon the basis of the foregoing findings of fact and conclusion of law, the National Labor Relations Board hereby dismisses the peti- tion for investigation and certification filed by Metal Polishers, Buffers, Platers and Helpers, Local Union No. 171, affiliated with the A. F. of L. MR. EDWIN S. SMITH, concurring: For reasons stated in my dissent in Matter of Allis-Chalmers Manu- facturing Company e I believe that a separate unit either of polishers and buffers or of polishers, buffers, platers and helpers is inappro- priate in this case. I therefore concur in the dismissal of the petition. 5 4 N. L. R. B. 159, 175.