Wackman Welded Ware Co.

In the Matter Of WALKMAN WELDED WARE COMPANY and STEEL WORKERS ORGANIZING COMMITTEE, SuBLODGE 1964, AFFILIATED WITH THE CONGRESS OF. INDUSTRIAL ORGANIZATIONS Case No. K-2050.,-Decided October 5, 1940 Jurisdiction : steel barrel and shipping container manufacturing industry. Investigation and Certification of Representatives : existence of question: re- fusal to accord recognition to union ; election necessary. ' Employees not at work at time of the filing of the petition held eligible to vote. Unit Appropriate for Collective Bargaining : all production and maintenance employees, excluding supervisors, clerical employees, and watchmen. Mr. Oscar S. Brewer and Mr. Elliot Norquist, of Kansas City, Mo., for the Company. Mr. Harry C. Clark and Mr. Walter Love, of Kansas City, Mo., for the Union. Mr. Louis Cokin, of counsel 'to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On August 12,1940, Steel Workers Organizing Committee, Sublodge 1964, herein called the Union; filed with the Regional Director for theo Seventeenth Region (Kansas City, Missouri), a petition alleging that a question affecting commerce had arisen concerning the representa- tion of employees of Wackman Welded Ware Company, Kansas City, Missouri, herein called the Company, and requesting an investigation and certification of representatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, hereiii called the, Act. On August 24,1940, 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- Regulations- Series 2, as amended, ordered an investigation and authorized the Re- gional Director to conduct it and to provide for an appropriate hearing upon due notice. On August 26, 1940, the Regional Director issued a notice of hear- ing, copies of which were duly served upon* the Company and the 27 N. L. R. B., No. 127. t675 676 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Union. On August 29, 1940, the Regional Director issued an order of postponement of hearing. Pursuant to notice , a hearing was held on September 10, 1940, at Kansas City, Missouri , before Daniel J. Leary, the Trial Examiner duly designated by the Board. The Company and the Union were represented by counsel and participated 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 rul- ings on 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. On September 23, 1940, the Company filed a brief which the Board- has considered. - Upon the entire record in the case, the Board makes the following : FINDINGS or FACT I. THE BUSINESS OF THE COMPANY The Company, a Missouri corporation with its general offices at St. Louis, Missouri, operates plants at St. Louis and North Kansas City, Missouri; Lake Charles and New Orleans, ,L'ouisiina; and Chester, Pennsylvania. This proceeding is concerned only with its plant at North Kansas City where it is engaged in the manufacture of steel .barrels and shipping containers. During the first.6 months of 1940. the Company purchased 2,150 tons of steel sheets for its North Kansas City plant, all of which were shipped to it from points outside the State-of Missouri. During this same period, the North Kansas City plant manufactured products valued at approximately $236,000, approximately' 60 pes cent of °which were shipped 'by it to points outside the, State of Missouri. II. THE ORGANIZATION INVOLVED Steel Workers Organizing Committee,,Sublodge 1964, is a labor organization affiliated with the Congress of Industrial Organizations. It admits-to membership production and maintenance employees at the North -Kansas City plant of the C6mpanyi excluding supervisory and clerical employees and watchmen. III. THE QUESTION CONCERNING REPRESENTATION On August 10,- 1940; the Union; claiming to represent a majority of the employees,, requested the Company to bargain' with it as the exclusive representative of its employees ., - The Company replied that it doubted the Union's-claim to represent a major`ity;of its employees: WACK1bIAN WELDED WARE COMPANY 677 -A statement of the Regional Director introduced'at the hearing shows that the Union represents a substantial number of employees, in the 'unit which it alleges is appropriate., . I , - 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, occurring in connection with the operations of the Company described in Section I above, has a close, intimate, and substantial re- lation 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 The Union urges that all production and maintenance employees in the North Kansas City plant of the Company, excluding super- visors, clerical employees, and watchmen, constitute a- unit appro- priate for the purposes of collective bargaining. The only, contro- versy concerning the unit concerns the watchmen and the status of John Fuchs and Charles Kessler. The-Company has two employees classified by it as watchmen. These employees are charged with the duty of protecting the Com= pany's property. The only labor organization here involved has not organized them and does not desire to represent their. We shall ex- clude the watchmen from the appropriate unit.' Charles Kessler is classified by the Company as a. foreman. The Union desires his inclusion in the unit and the 'Company his exclusion. His work requires a high degree of skill and he is the only person in his department who is qualified to give and gives orders' to the other employees in that department. In view of the supervisory duties of Charles Kessler, we find that he should be excluded from the unit. - John Fuchs is classified by the Conipany as a car loader. The Union urges his exclusion from the unit on the ground that he is a super- visory employee. He loads and unloads freight cars at the Company's, plant and he receives the,same hourly wage as the other' employees doing the same work. Occasionally Fuchs transmits' orders from the shipping foreman to other employees'in the shipping department. ' The Regional Director's statement shows that 36 employees in the proposed unit have signed membership and application cards in the Union There are approximately 48 em- ployees in the proposed unit. . _ _ - : - 'Matter of Woodside Cotton ,Mills Company and Textile Workers Organizing Committee, 7 N. L R B 960: r 678 DECISIONS OF NATIONAL LABOR" RELATIONS BOARD The, mere transmission of instructions by Fuchs to his -fellow em- ployees does, not so align him with the management thathe should be barred, from the unit of production "and maintenance employees. We find that John Fuchs should be included in the units _ We find that all production and maintenance employees at the North Kansas City plant of the Company, excluding supervisors, clerical em- ployees, and watchmen, constitute a unit appropriate for the purposes of collective bargaining and that said unit will insure to the employees of the Company their full right to self organization and to collective bargaining and otherwise effectuate the policies of the Act. VC. THE DETERMINATION OF REPRESENTATIVES The Company and the Union agreed that an election by secret ballot is necessary to resolve the question concerning representation. We Will direct that an election by secret ballot be held. The parties agreed that in the event that the Board directed an election, eligibility of employees to vote should be determined by the Company's pay roll of September 10, 1940, although the Company qualified its agreement by stating that it Would prefer to have eligi- bility to vote determined on the basis of a current payroll. No reason appears why the pay roll immediately preceding our Direction of Elec- tion herein should not be used, in accordance with our usual practice, to determine the eligibility of employees to vote in the election. There appears to be some question in the record whether Kenneth Elliott, an employee, should be eligible to vote. . The Union urges that he not be-permitted to vote because he was not working at the time it filed its petition herein. We find "no merit in the Union's contention. Elliott is in'the appropriate unit, and we find that he is eligible to vote on the same basis as the other employees in the unit. We find that those eligible to vote in the election shall be employees in the appropriate unit whose names appear^on the pay roll immedi- ately preceding the date of our Direction of Election, including em- ployees who did not work during such pay-roll period because they were ill or on vacation and employees who were then or have since been temporarily laid off, but excluding those employees who have since quit or been discharged for cause. Upon the basis of the above findings of fact and upon the entire record in the case, the Board makes the following : CONCLIISIONs OF LAW 1. A question affecting commerce has arisen concerning the repre- sentation of employees at the North Kansas City, plant of Wackman 2 See Matter of Wade Manufacturing Corporation and Local t94, United Furniture Workers of America, 14 N. L. R . B. 1133. WACKMAN WELDED WARE COMPANY - 679 Welded Ware Company, within the meaning of Section 9 (c) and Sec- tion 2 (6) and (7) of the National Labor Relations Act. 2. All production and maintenance employees at the North Kansas City plant of the Company, excluding supervisors, clerical employees, and watchmen, constitute a unit appropriate for the purposes of col- lective bargaining, within the meaning of Section 9 (b) ofthe 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 Relations Act, 49 Stat. 449, 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 bargaining with Wackman Welded Ware Company, Kansas City, Missouri, 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 Seventeenth Region, acting in this matter as agent for the National Labor Relations Board and subject to Article III, Section 9, of said Rules and Regula- tions, among all production and maintenance employees at the North Kansas City plant of the Company who were employed during the pay-roll period immediately preceding the date of this Direction, in- cluding employees who did not work during such pay-roll period be- cause they were ill or on vacation and employees who were then or have since been temporarily laid off, but excluding supervisors, clerical em- ployees, watchmen, and employees who have since quit or been dis- charged for cause, to determine whether or not they desire to be rep- resented by Steel Workers Organizing Committee, Sublodge 1964, affiliated with the Congress of Industrial Organizations, for the pur- poses of collective bargaining. [SAME TITLE ] CERTIFICATION OF REPRESENTATIVES November 4, 1940 On October 5, 1940, the National Labor Relations Board, herein called the Board, issued a Decision and Direction of Election in the above-entitled proceeding. Pursuant to the Direction of Election, an election by secret ballot was conducted on October 15,1940, under the direction and supervision of the Regional Director for the Seven- 680 DECISIONS OF NATIONAL LABOR RELATIONS BOARD teenth Region (Kansas City, Missouri): On October 18, 1940, the Regional Director, acting pursualit_to Article III, Section 9, of Na- tional Labor Relations Board Rules and Regulations- Series 2, as amended, issued and duly served upon the parties an Election Report on the ballot. No objections to the conduct of the ballot or the Elec- tion Report have been filed- by any of the parties.' As to the balloting and its results, the Regional Director reported as follows : Total on eligibility list furnished by the Company------------ 45 Total votes cast for Steel Workers Organizing Committee, Sublodge 1964, affiliated with the Congress of Industrial Organizations------------------------------------------- 25 Total votes cast against Steel Workers Organizing Committee, Sublodge 1964, affiliated with the Congress of Industrial Organizations------------------------------------------- 19 Total ballots challenged----------------------------------- Total blank ballots-- -------------------------------------- 0 Total void ballots_________________________________________ 0 Total ballots cast_________________________________________ 46 Total valid ballots cast____________________________________ 44 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, as amended, IT IS HEREBY CERTIFIED that Steel Workers Organizing Committee, Sublodge 1964, affiliated with the Congress, of Industrial Organiza- tions, has been designated and selected by a majority of all production and maintenance employees at the North Kansas City plant of Wack- man Welded Ware Company, excluding supervisors, clerical em- ployees, and. watchmen, as their representative for the purposes of collective bargaining, and that, pursuant to Section 9 (a) of the Act, Steel Workers Organizing Committee, Sublodge -1964, affiliated with the Congress of Industrial Organizations, 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. 27 N L. R. B No 127a.