Portland Iron Works

In the Matter Of PORTLAND IRON WORKS and WILLAMETTE LODGE #63, INTERNATIONAL ASSOCIATION OF MACHINISTS , AFFILIATED WITH THE AMERICAN FEDERATION OF LABOR Case No. R-1719-Decided March 11, 1940 Patterns for Machinery and Machine Parts Manufacturing Industry-- Investigation of Representatives : stipulation between Company, Petitioning Union, and Board as to Business of the Company, the question concerning representation , the appropriate unit, and direction of election-Election Ordered Mr. Thomas P. Graham, for the Board. Cllr. Robert L. Sabin, of Portland, Oreg., for the Company. Mr. Guy Kennedy, of Portland, Oreg., for the I. A. M. Mrs. Augusta Spaulding, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On December 28, 1939, Willamette Lodge #63, International As- sociation of Machinists, affiliated with the American Federation of Labor, herein called the Union, filed with the Regional Director for the Nineteenth Region (Seattle, Washington) a petition alleging that a question affecting commerce had arisen concerning the represen- tation of employees of Portland Iron Works, Portland, Oregon, herein called the Company, and requesting an investigation and cer- tification of representatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On Jan- uary 22, 1940, 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 Regula- tions-Series 2, ordered an investigation and authorized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice. On January 25, 1940, the Regional Director issued a notice of hearing, copies of which were duly served upon the Company and 21 N. L. R. B, N o. 45 491 492 DECISIONS OF NATIONAL LABOR RELATIONS BOARD the Union. Pursuant to the notice, a hearing was held on February 5, 1940, at Portland, Oregon, before Patrick H. McNally, the Trial Examiner duly designated by the Board. The Board and the Com- pany were represented by counsel, the Union by its business repre- sentative, and all participated in the hearing. The Company moved to dismiss the petition for lack of jurisdiction. The Trial Examiner did not rule on this motion. It is hereby denied. Full opportunity to be heard, to examine and cross-examine witnesses, and to intro- duce evidence bearing on the issues was afforded all parties. A stipulation, dated February 5, 1940, and signed by the Company, the Union, and counsel for the Board, was amended at the hearing and introduced in evidence. It reads as follows : Portland Iron Works, a corporation, hereinafter called the "Company", by and through its attorneys, Malarkey, Sabin & Herbring, • and Willamette Lodge #63, International . As- sociation of Machinists, affiliated with the American Federation of Labor, hereinafter referred to as the "Union", by and through its representative, Guy Kennedy, and Thomas P. Graham, Jr., Regional Attorney for the Nineteenth Region of the National Labor Relations Board, hereby stipulate and agree that: I Upon a petition duly filed by the Union on December 29, 1939, the National Labor Relations Board on January 22, 1940, directed that an investigation of bargaining representative be made pursuant to Section 9 (c) of the National Labor Relations Act. Upon authorization by the Board, the Regional Director for the Nineteenth Region issued a notice of hearing on January 25, 1940. In a petition filed by the Union, it was stated that the Company's representative refused to bargain with the Union until proof was furnished through the National Labor Relations Board that the Union represented a majority of the Company's employees in the proper unit. The Company and the Union hereby agree that this stipulation may be introduced in the proceedings herein and filed with the Chief Trial Examiner of the National Labor Relations Board at Washing- ton, D. C., as part of the record herein. II It is hereby further stipulated and agreed that the Portland Iron Works is a corporation incorporated under the laws of the PORTLAND IRON WORKS 493 State of Oregon in the year 1888; and that the Company has its principal place of business and office in the City of Portland; Oregon. The Company is engaged primarily in the manufac- ture of patterns for machinery, repairing machinery, manufac- turing machine parts and castings. The approximate gross revenue of the Company for the year 1939 was $129,957.82, ap- proximately 86% of said amount being derived from sales and services in the State of Oregon and 14% from sales in the States of Washington, California, Pennsylvania and other States. Its raw materials are principally coke, used for fuel in its plant, and pig iron purchased from stocks held in the State of Oregon by persons and corporations who have brought the same into said State from other States or foreign nations. The total cost of raw, materials, purchased during the year 1939 was approxi- mately $30,000.00. III It is further stipulated and agreed that Willamette Lodge #63, International Association of Machinists, affiliated with the American Federation of Labor, is a labor organization within the meaning of Section 2 (5) of the National Labor Relations Act. IV It is further stipulated and agreed that all persons employed by the Company at its Portland, Oregon, plant, with the ex- ception of office employees, full time watchman, and supervisory personnel, constitute a unit appropriate for the purposes of col- lective bargaining within the meaning of Section 9 (b) of the National Labor Relations Act. V It is further stipulated and agreed that no labor organization with the exception of Willamette Lodge #63, International As- sociation of Machinists, affiliated with the American Federation of Labor, is claiming to represent any of the employees in the above described unit; that no demands have been made by any other union, except International Moulders' Union, Local No 139, which said Local has waived its right, if any, to be the representative for collective bargaining of all or any of the employees of the Company, and that there are no existing labor agreements between the Company and any unions. 494 DECISIONS OF NATIONAL LABOR RELATIONS BOARD VI It is further stipulated and agreed that in the event the National Labor Relations Board should issue an order and direction of election based upon this stipulation, those eligible to vote in such election are the following named employees, all of whom appear on the pay-roll at the present time : Frank Anderson H. Anderson Thomas Ball A. Beckman A. C. Bergman Homer Cason Jack Davis Robert Dickie R. W. Doser George Foerster Jas. Galati Jack George Emil Harr George Hartman VII L. J. Hayman M. Hite Carl Ketchum Marion Kyle Matt Lako C. F. Maden 0. Michelsen H. Rothenberger Joe Russell George Schafer George Stephenson W. P. Thoke Carl Thompson Frank Willmaser It is further stipulated and agreed that a substantial number of the employees named in the preceding paragraph have desig- nated the Union as their agency for the purpose of collective bargaining. VIII It is further stipulated and agreed that a question has arisen concerning the representation of the employees in the bargaining unit set forth in paragraph IV of this stipulation, in that the Union claims to have been designated by a majority of the employees in the unit set forth as above as representative for purposes of collective bargaining within the meaning of the Act, and in that the Company has informed the Union that it desires to have proof furnished it through the National Labor Relations Board that the Union represents a majority of the employees in the above described unit before the Company will bargain with the Union. IX The Company contends that it is not engaged in commerce as that word is used and defined in the National Labor Relations PORTLAND IRON WORKS 495 Act or in a business affecting commerce, and that the National Labor Relations Board is, therefore , without jurisdiction in this proceeding, and reserves the right to raise that question by appropriate motion in this proceeding and in such other man- ner as the law permits ; subject, however, to that objection, it is further stipulated and agreed that the National Labor Re- lations Board may forthwith issue an order and direction of election based upon this stipulation . And the Company and the Union waive the right to call witnesses and adduce further evidence. X This stipulation shall be subject in all respects to the ap- proval of the National Labor Relations Board. If this stipu- lation is not approved by the National Labor Relations Board it shall be of no force and effect and shall not be used as evi- dence against the parties hereto in any subsequent proceeding herein. XI The entire agreement between all parties hereto is contained within the terms of this stipulation and there is no verbal agree- ment of any kind which varies , alters or adds to said stipulation in any respect. At the hearing the business agent of International Moulders' Union, Local No. 139 , confirmed the statement of waiver recited in paragraph V in the stipulation above, testifying that his organiza- tion was willing that the Union bargain for members of the afore- said organization employed at the Company's "plant. The Board hereby approves the stipulation. During the course of the hearing, the Trial Examiner made several rulings on motions and objections to the admission of evidence . While the Company's objections to the admission of evidence because of the stipulation were in the main well taken; the overruling of such objections by the Trial Examiner was not prejudicial, since the Board has not given weight to the evidence erroneously admitted. The rulings of the Trial Examiner are hereby affirmed. Upon the entire record in the case, the Board makes the following: FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY The Company is an Oregon corporation with its office and prin- cipal place of business at Portland, Oregon. It is engaged primarily 496 DECISIONS OF NATIONAL LABOR RELATIONS BOARD in the manufacture of patterns for machinery, machinery repairs,_ and the manufacture of machine parts,and castings. The approxi- mate gross revenue of the Company for the year 1939 was $129,- 957.82, about 86 per cent of which was derived from sales and services in Oregon and 14 per cent from sales in Washington, Cali- fornia, Pennsylvania, and other States. Its raw materials, which- in 1939 amounted to $30,000, are principally coke, used for fuel in its plant, and pig iron. These raw materials are purchased in Oregon from stocks previously brought into Oregon from other- States or foreign countries. II. THE ORGANIZATION INVOLVED Willamette Lodge #63, International Associatioli lof Machinists,. is a labor organization affiliated, with the American Federation of- Labor. It admits to membership all persons employed by the Com- pany at its Portland, Oregon, plant, except office employees, full- time watchmen, and supervisory personnel. III. THE QUESTION CONCERNING REPRESENTATION We find that a question has arisen concerning the representation of employees of the Company. IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON- COMMERCE We find that the question concerning representation which has. arisen in connection with the operations of the Company, described in Section I above, has a close, intimate, and substantial relation to. trade, traffic, and commerce among the several States, and tends to, lead to labor disputes burdening and obstructing commerce and the- free flow of commerce. V. THE APPROPRIATE UNIT We find that all persons employed by the Company at its Portland,. Oregon, plant with the exception of office employees, full-time watch- men, and supervisory personnel constitute a unit appropriate for the purposes of collective bargaining and that said unit will insure- to employees of the Company the full benefits of their right to self- organization and to collective bargaining and otherwise effectuate the policies of the Act. PORTLAND IRON WORKS VI. THE DETERMINATION OF REPRESENTATIVES 497 We find that an election by secret ballot is necessary to resolve the question concerning representation of employees of the Company. In the election which we shall direct employees of the Company at its Portland, Oregon, plant whose names appear on Appendix A below shall be eligible to vote. Upon the basis of the above, findings of fact and upon the entire record in the case, the Board makes the following : CONCLUSIONS OF LAIN' 1. A question affecting commerce has arisen concerning the repre- sentation of employees of, Portland Iron Works, Portland, Oregon, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 2. All persons employed by the Company at its Portland, Oregon, plant with the exception of office employees, full-time watchmen, and supervisory personnel constitute a unit appropriate for the pur- poses of collective bargaining within the meaning of Section 9 (b) of the National Labor Relations Act. 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 Re- lations 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 authorized by the Board to ascertain representatives for the purposes of collective bar- gaining with Portland Iron Works, Portland, Oregon, 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 of Election, under the direction and supervision of the Regional Director for the Nineteenth Region, acting in this matter as agent for the Na- tional Labor Relations Board and subject to Article III, Section 9, of said Rules and Regulations, among employees of the Company at its Portland, Oregon, plant whose names are listed in Appendix A to determine whether or not said employees desire to be repre- sented by Willamette Lodge #63, International Association of Machinists, affiliated with the American Federation of Labor, for the purposes of collective bargaining. 498 DECISIONS OF Frank Anderson H. Anderson Thomas Ball A. Beckman A. C. Bergman Homer Cason Jack Davis Robert Dickie R. W. Doser George Foerster, Jas. Galati Jack George Emil Harr George Hartman NATIONAL LABOR RELATIONS BOARD APPENDIX "A" L. J. Hayman M. Hite • Carl Ketchum Marion Kyle Matt Lako C. F. Maden 0. Michelsen H. Rothenberger Joe Russell George Schafer George Stephenson W. P. Thoke Carl Thompson Frank Willmaser