Walworth Co.

In the Matter of WALwoRTH COMPANY and PATTERN MAKERS' Asso- CIATION OF PITTSBURGH AND VICINITY, PATTERN MAKERS' LEAGUE OF N. A., AFFILIATED WITH A. F. OF L. In the Matter Of WALWORTH COMPANY and STEEL WORKERS' ORGAN- IZING COMMITTEE ON BEHALF OF THE A. A. I. S. T. OF N. A. Cases Nos. R-647 and R-6418, respectively SUPPLEMENTAL DECISION ORDER AND CERTIFICATION OF REPRESENTATIVES September 1, 1939 On August 2, 1938, the National Labor Relations Board, herein called the Board, issued in the above-entitled proceeding a Decision and Direction of Election.' The Direction of Election provided that an election by secret ballot be held among all employees in the pattern shop at the Greensburg, Pennsylvania, plant of the Wal- worth Company, who were employed during the pay-roll period ending December 30, 1937, exclusive of the foremen and those who have since quit or been discharged for cause, to determine whether or not they desired to be represented by Pattern Makers' Associa- tion of Pittsburgh and Vicinity, Pattern Makers' League of North America, herein called the Association, affiliated with the American Federation of Labor,. or by Steel Workers' Organizing Committee, herein called the S. W. O. C., for and on behalf of Amalgamated Association of Iron, Steel and Tin Workers of North America, herein called the Amalgamated, . affiliated -with the Committee for Industrial Organization, for the purpose of collective bargaining, or by neither. In addition, the Board found that the S. W. O. C., for and on behalf of the Amalgamated, represents a majority of the production and maintenance employees, exclusive of supervisors and clerks, irrespective of the inclusion or exclusion of the pattern makers. 18 N. L. R. B. 765. 15 N. L. R. B., No. 7. 53 199549-39-vol. 15-5 54 DECISIONS OF NATIONAL LABOR RELATIONS BOARD The Board, however, withheld its certification of the S. W. O. C., for and on behalf of the Amalgamated, as the bargaining repre- sentative of the plant unit until the election ordered among the pat- tern makers had been held and a determination made as to whether or not the pattern makers were to be included therein. On August 13, 1938, the Board advised the Regional Director that the S. W. O. C. had filed with it a petition for oral argument, and instructed the Regional Director to postpone the counting of the ballots cast in the election until after such oral argument was had. Pursuant to the Direction of Election, an election by secret ballot was conducted on August 19, 1938, in the pattern shop of the Wal- worth Company, at its Greensburg, Pennsylvania, plant, under the direction and supervision of the Regional Director for the Sixth Region (Pittsburgh, Pennsylvania). At the close of the balloting period, the ballot box was sealed in the presence of the observers for both parties and the seal was signed by each of said observers. On July 18, 1939, pursuant to notice, a further hearing was held before the Board in Washington, D. C., for the purpose of oral argument. The Association and the S. W. O. C. were represented and participated in the oral argument. On August 2, 1939, pursuant to instructions issued by the Board on July 24, 1939, the Regional Director caused the ballots cast in the election to be counted. On August 4, 1939, the Regional Direc- tor, acting pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 2, issued and duly served upon the parties an Intermediate Report on the election. No objections to the Intermediate Report were filed within the time allotted. The Regional Director certified that the ballot was fairly and impartially conducted and that the ballots cast were duly and fairly counted under his supervision and that there had been filed with him by the tellers statements to that effect. As to the balloting and its results, the Regional Director reported the following : Total number of employees eligible to vote-------------------- 40 Total number of ballots-------------------------------------- 40 Total number of blank ballots-------------------------------- 0 Total number of void ballots--------------------------------- 0 Total number of challenged ballots---------------------------- 0 Total number of ballots cast for Steel Workers' Organizing Committee on behalf -of Amalgamated Association of Iron, Steel and Tin Workers of North America, affiliated with the C. I. 0--------------------------------------------------- 18 Total number of ballots cast for Pattern Makers' Association of Pittsburgh and Vicinity, Pattern Makers' League of North America, affiliated with the A. F. of L----------------------- 18 Total number of ballots for neither organization-------------- 4 WALWORTH COMPANY 55 The results of the election show that no collective bargaining representative has been selected by a majority of the employees, exclusive of foremen, in the pattern shop of the Walworth Com- pany, at its Greensburg, Pennsylvania, plant. In addition, neither the Association nor the S. W. O. C., for and on behalf of the Amalgamated, received a plurality of the votes. In view of this -latter circumstance we are unable to follow our usual practice of conducting successive run-off elections, eliminating from each suc- cessive ballot the organization receiving the lowest number of votes in the preceding ballot until a representative has been selected by a majority or a majority has signified that none of the contestant organizations is desired as a representative for collective bargain- ing.2 The petition for investigation and certification of representa- tives of employees in the pattern shop of the Walworth Company, at its Greensburg, Pennsylvania, plant, filed by Pattern Makers' Association of Pittsburgh and Vicinity, Pattern Makers' League of North America, affiliated with the American Federation of Labor, will therefore, be dismissed. However, in view of the fact that the election we are considering was conducted more than a year ago, we will entertain a new petition promptly if either organization hereafter desires to file one. Pursuant to the findings made in the above-entitled proceeding, issued on August 2, 1938,$ the S. W. O. C., for and on behalf of the Amalgamated, will be certified as the exclusive representative of the production and maintenance employees of the Walworth Com- pany, at its Greensburg, Pennsylvania, plant, exclusive of super- visors, clerks, and employees in the pattern shop. CERTIFICATION OF REPRESENTATIVES 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, 49 Stat. 449, and pursuant to Article III, Sections 8 and 9, of National Labor Relations Board Rules and Regulations- Series 2, IT IS HEREBY CERTIFIED that Steel Workers' Organizing Committee, on behalf of Amalgamated Association of Iron, Steel and Tin Workers of North America, affiliated with the Committee for In- dustrial Organization, has been designated and selected by a ma- jority of the production and maintenance employees of the Walworth Company, at its Greensburg, Pennsylvania, plant, excluding super- visors, clerks, and employees in the pattern shop as their repre- 2 See Matter of Aluminum Company of America and its Wholly Owned Subsidiary Caro- lina Aluminum Company and International Union, Aluminum Workers of America, 12 N. L. E. B. 237. a 8 N. L . It. B. 765. 56 DECISIONS OF NATIONAL LABOR RELATIONS BOARD sentative for the purposes of collective bargaining, and that pursuant to the provisions of Section 9 (a) of the Act, Steel Workers' Organizing Committee, on behalf of Amalgamated Association of Iron, Steel and Tin Workers of North America, affiliated with the Committee for Industrial Organization, is the exclusive, representa- tive of all such employees for the purposes of collective bargaining in respect to rates of pay, wages, hours of employment, and other conditions of employment. ORDER 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, 49 Stat. 449, and pursuant to Article III, Sections 8 and 9, of National Labor Relations Board Rules and Regulations- Series 2, IT IS HEREBY ORDERED that the petition for investigation and cer- tification of representatives of employees in the pattern shop of the Walworth Company, Greensburg, Pennsylvania, at its Greensburg plant, filed by Pattern Makers' Association of Pittsburgh and Vi- cinity, Pattern Makers' League of North America, affiliated with the American Federation of Labor, be, and it hereby is, dismissed. MR. WILLIAM M. LEISERSON took no part in the consideration of the above Supplemental Decision, Order, and Certification of Repre- sentatives.