The C. W. Poe Co., Inc.

In the Matter Of THE C. W. POE COMPANY, IN'CORPOr,ATED and INTER- NATIONAL BROTHERHOOD OF FIREMEN AND OILERS, LOCAL UNION No. 52 (A. F. of L.) Case No. R-1986 --Decided Septeinber 4, 1940 Jurisdiction : mineral wool manufacturing industry. Unit Appropriate for Collective Bargaining A separate unit, consisting of firemen, as proposed by petitioning union held not' appropriate since raider past and existing valid contract•coveiing all employees, collective bargaining has been successful and the firemen, although not members of the contracting union, have been and are repre- sented by them. Practice and Procedure : petition for iu'.estigation and certification dismissed where unit sought to be established is not appropriate. Mr. F. C. Brodie and Mr. G. K. Willis, of Cleveland. Ohio, for the Company. Mr. Hubert J. McCaffery and Mr. R. E. Seitz. of Cleveland, Ohio, for Local 52. Mr. David Jaffe, of New York City, for the T. W. U. A. - - Miss Charlotte Anschuetz, of counsel to- the Board. DECISION AND ORDER STATEMENT OF THE CASE On June 15, 1940, International Brotherhood of Firemen and Oilers, Local Union No. 52, affiliated with the American Federation of Labor, herein called Local 52, filed with the Regional Director of the Eighth Region (Cleveland, Ohio), a petition alleging that a question affecting commerce had arisen concerning the representa- tion of employees of The C. W. Poe Company, Incorporated, Cleve- land, Ohio, herein called the Company, and requesting an investiga- tion and certification of representatives pursuant to Section 9 (c) of the National Labor Relations, Act, 49 Stat. 449, herein called the Act. On July 23, 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 27 N L. R. B., No. 13 66 THE C. W. POE COMPANY, INCORPORATED 67 Regulations-Series 2, as amended, ordered an investigation and authorized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice. On July 25, 1940, the Regional Director issued a notice of hearing, copies of which were duly served upon the Company, Local 52, and Textile Workers Union of America, herein called the T. W. U. A., a labor organization claiming to represent employees directly affected by the investigation. Pursuant to the notice, a hearing was held on August 2 and 3, 1940, at Cleveland, Ohio, before Max W. Johnstone, the Trial Examiner duly designated by the Board. At the com- mencement of the hearing, the T. W. U. A. filed a motion to inter- vene. The Trial Examiner granted this motion. The Company, Local 52, and the T. W. U. A. were represented by counsel and par- ticipated in the hearing. Full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the' issues was afforded all parties. During the course of the hearing, the Trial Examiner made several rulings on motions and on objec- tions 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. At the request of the T. W. U. A. and pursuant to notice, a hearing for the purpose of oral argument was held before the Board at Washington, D. C., on August 22, 1940. The T. W. U. A. was repre- sented by counsel and Local 52 by its business representative. Both participated in the argument. The T. W. U. A. filed a brief which we have considered. - Upon the entire record in the case the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY The C. W. Poe Company, Incorporated, is an Ohio corporation engaged in• the manufacturing of long fiber mineral wool, granulated mineral wool, mineral wool cement, blankets, pipe covering, bundle wool, range insulation, house insulation bats, and industrial mineral wool- felted products. The raw materials used annually by the Company are valued at approximately $80,000 and consist mainly of slag, gravel, stone, coke, coal, oil, resin, and water. About 20 per cent of the raw materials are secured outside Ohio. The Company annually produces finished products valued at,$154,000 of which ap- proximately 76 per cent are shipped to points outside Ohio. The Company admits that it is engaged in commerce within the meaning of Section 2 (6) and (7) of the Act. 68 DECISIONS OF NATIONAL LABOR RELATIONS BOARD H. THE ORGANIZATIONS INVOLVED International Brotherhood of, Firemen and. Oilers, Local Union No. 52, affiliated with the American Federation of Labor, is a labor organization admitting to membership firemen, oilers, water tenders; and helpers employed by the Company. I Textile Workers Union of America is a labor organization affiliated with the Congress of Industrial Organizations. It is the successor to the Textile Workers' Organizing Committee, herein called the T. W. O. C., and admits to membership employees of the Company. III. THE ALLEGED QUESTION CONCERNING REPRESENTATION The Company normally employs about 60 'production and main- tenance workers. Local 52 alleges in its petition that the power- house employees consisting of four firemen constitute an appropriate bargaining unit. The T. W. U. A. and the-Company assert that the unit covered by a contract of may 8, 1937, consisting of all employees of the Company,' should not be disturbed. On or about May 6, 1937, employees of the Company participated in a strike. For several days thereafter negotiations were carried on between the Company and representatives of T. W. O. C., fol- lowing which the Company on May 8, 1937, signed an exclusive bargaining contract with the T. W. O. C. covering all employees of the Company. A similar contract was signed on April 7, 1938, which provided that it was to become effective on May 8, 1938, for a period of 1 year and continue thereafter unless terminated by either party on 60 days' written notice. Notice of such termination was given by the T. W. U. A. in the spring of 1940,' and a new agree- ment was signed on May 8, 1940, to remain in effect until May 1941. The firemen were covered by all general provisions of the three contracts, and by specific provisions therein relating to wages and hours. On December 2, 1939, and on June 11, 1940, Local 52 submitted proposed agreements by letter to the Company on behalf of the four firemen,.and requested conferences with the management. The Company failed to acknowledge, the letter of December 2, 1939, but on June 14, 1940, wrote that it could not negotiate with Local 52 since for the past several years it had recognized the T. W. U. A. as the exclusive representative of all its employees. Local •52 con- tends that it had no knowledge of the T. W. U. A. contracts, and that it or Local 589, International Union of Operating Engineers I Exclusive of clerical and supervisory employees THE_ C. W. POE COMPANY, INCORPORATED 69 (AFL) ,2 herein called Local 589, had in fact continuously repre- sented the firemen since about 1937. To support this contention representatives of Local 52 and Local 589 testified that they had at various times procured personnel for the power plant at the, Company's request and also had secured a wage increase in June 1939 for the firemen. The Company denied that it had engaged, in any negotiations «'ith Local 52 and Local 589. The evidence is undisputed that, although the firemen are not members of the T. W. U. A., they have been represented by the T. W. U. A. since May 8, 1937, under valid contracts, the latest one of which is now in effect, covering all employees of the Company. Since May 8, 1937, industrial relations between the Company and its employees have been harmonious, and collective bargaining under the unit established at that time has taken place successfully and with a minimum of dissension. We find,- under these circumstances, that the separate bargaining unit sought to be established by-Local 52 is not appropriate for the purposes of collective bargaining, and that no question has been- raised 'concerning the representation of employees in an appropriate bargaining unit.3 - On 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 the representation of employees of The C. W. Poe Company, Incorporated, Cleveland, Ohio, in, a unit which is appropriate for the purposes of collective bargaining, has arisen, within the meaning of Section 9 (c) of the National Labor Relations Act. - - ORDER Upon the basis of the foregoing findings of fact and conclusion* of law, the National Labor Relations Board hereby orders that the petition for- investigation and certification filed by International Brotherhood of Firemen and Oilers, Local Union- No. 52 (A. F. of L.), be, and it hereby is, dismissed. 2A jurisdictional dispute between Local 52 and Local 589 was settled in -September 1939 in favor of Local 52 - 8 See Matter of American Can Co. and Engineers Local No . 20 Firemen if Oilers Local No: 50, 13 N. L. R. B. 1252, and concurring opinion of Board Member Edwin S. Smith therein. I