American Thermometer Co.

In the Matter of AMERICAN THERMOMETER COMPANY and INTERNA- TIONAL ASSOCIATION OF MACHINISTS , LOCAL No. 688, DISTRICT No. 9, AFFILIATED WITH THE A. F. OF L. Case No. R-2659.-Decided August 13, 1941 Jurisdiction : precision temperature indicating and controlling device manufac- turing industry. Practice and Procedure : petition dismissed where no appropriate unit within the scope of the petition. Unit Appropriate for Collective Bargaining : a separate unit comprising tool and die makers separate from a plant-wide unit contended for by petitioning craft organization held inappropriate in view of their inclusion in a contract on a plant-wide basis between Company and rival industrial union. Mr. C. W. Weisenfels and Mr. E. Bandoly, of St. Louis, Mo., for the Company. Mr. Lloyd Weber and Mr. Larry Connors, of St. Louis, Mo., for the Machinists. Mr. Joseph Dernoneourt and Mr. Roy Hartlein, of St. Louis, Mo., for the S. W. O. C. Mr. Ralph S. Clifford, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE On April 29, 1941, International Association of Machinists, Local No. 688, District No. 9, affiliated with the A. F. of L., herein called the Machinists, filed with the Regional Director for the Fourteenth Region (St. Louis, Missouri) a petition alleging that a question affect- ing commerce had arisen concerning the representation of employees of American Thermometer Company, St. Louis, 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, herein called the Act. On May 29, 1941, 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 Regional Director to conduct it and to provide for an appropriate hearing upon due notice. 34 N. L. R. B., No. 31. 222 AMERICAN THERMOMETER COMPANY 223 On June 16, 1941, the Regional Director issued a notice of hearing, copies of which were duly served upon the Company, the Machinists and Local 1979, Steel Workers Organizing Committee, C. I. 0., herein called the S. W. O. C., a labor organization claiming to represent, under an existing contract, employees directly affected by the investi- gation. Pursuant to notice, a hearing was held on June 23, 1941, at St. Louis, Missouri, before L. N. D. Wells, Jr., the Trial Examiner duly designated by the Chief Trial Examiner. During the course of the hearing the Trial Examiner made rulings ' 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. Pursuant to leave granted by the Board, briefs were filed by S.W. O. C. and the Com- pany on July 3, 1941, which the Board has considered. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY The American Thermometer Company, a Delaware corporation, having its offices and plant located in St. Louis, Missouri, is engaged in the manufacture of precision temperature indicating and controlling devices. The Company purchased raw materials and supplies for its use in operations valued at $418,023 during 1940, of which 90 per cent were shipped from sources outside of the State of Missouri, to the Company's, plant at St. Louis, Missouri; finished products valued at $1,164,827, of which approximately 93 per cent were sold and trans- ported to States other than Missouri. The Company admits that the aforesaid operations constitute a continuous flow of trade, traffic, and commerce between the several States, and that it is engaged in interstate commerce within the meaning of Section 2 (6) and (7) of the Act. II. THE ORGANIZATIONS INVOLVED International Associations of Machinists, Local No. 688, District No. 9, affiliated with the American Federation of Labor, is a labor organization admitting to membership employees of the Company. Local 1979, Steel Workers Organizing Committee, affiliated with the Congress of Industrial Organizations, is a labor organization admitting to membership employees of the Company. III. THE APPROPRIATE UNIT The Machinists contend that the tool and die makers employed by the Company in its St. Louis, Missouri, plant, constitute a unit appropriate for the purposes of collective bargaining. 224 DECISIONS OF NATIONAL LABOR RELATIONS BOARD The S. W. O. C. and the Company contend that the tool and die makers should be included in a plant-wide unit, which they contend is appropriate for the purposes of collective bargaining. The S. W. O. C. and the Company further contend that the petition should be dismissed. On July 13, 1939, the Regional Director certified the S. W. O. C. as the exclusive representative of the production employees of the Company, excluding tool and die makers and maintenance employees. On July 31, 1939, the Company entered into a contract with the S. W. O. C. recognizing it as the -exclusive representative of em- ployees in the unit for which it had been certified. The Company entered into a second contract with the S. W. O. C. on July 31, 1940, specifically including the tool and die makers and the maintenance employees. The contract expired July 31, 1941. The contract pro- vides that "the Company recognizes the Union as the sole bargaining agency for the employees of the Company" and that "the Company agrees to use its moral force, with the co-operation of the Union, to assist in retaining membership in the Union on the part of all eligible employees." The Company and the S. W. O. C. are in the process of negotiating a new contract. The Machinists began organizing the tool and die makers in March 1941. A circular letter and application card were mailed to each employee in the tool and die department. Six cards were signed and returned on March 25, 1941. There are nine tool and die makers. The tool and die department, employing 9 of the 234 production employees, makes and maintains new dies, milling fixtures, drilling jibs, and checking gauges. The department is in charge of the ma- chinery and any special equipment. The employees in this depart- ment are required to work throughout the factory making repairs, replacements, and adjustments. Regular production men are from time to time detailed to the toolroom to run production jobs on the tool and die machines. The tool and die makers require more training and receive somewhat higher wages than the general plant-production employees. C. W. Weisenfels, an official of the Company, testified that during the life of the first contract the S. W. O. C. indirectly represented the tool and die makers and the benefits gained by the S. W. O. C. were given to them.' He testified further that during the life of the second i Weisenfels testified that the tool and die makers were excluded from the plant-wide unit by the first contract at the request of the Company. This request was made because the contract was the Company's first experience with a labor organization and collective bargaining and the Company did not know how the inclusion of the tool and die makers and maintenance employees would affect general cooperation and harmony in the plant. After the experience of bargaining with the S. W. 0 C for one year the Company and the S. W. 0. C. agreed to include both the tool and die makers and the maintenance employees in the plant-wide unit under the second contract, in order to promote and insure harmonious cooperation among the employees of the Company. AMERICAN THERMOMETER COMPANY 225 contract the S. W. O. C. has bargained for and obtained vacations with pay and wage increases for the entire plant, including these employees. These negotiations were on a plant-wide basis. Under all the circumstances, we find that the unit sought to be established by the Machinists is not appropriate for the purposes of collective bargaining. We shall, therefore, dismiss the petition filed by the Machinists. IV. THE QUESTION CONCERNING REPRESENTATION Since, as pointed out in Section III, above, the bargaining unit sought to be established by the petition is inappropriate for the pur- poses of collective bargaining, we find that no question has arisen concerning the representation of employees 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 : CONCLUSIONS OF LAW No question concerning the representation of employees of American Thermometer Company, St. Louis, Missouri, is a unit 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 findings of fact and conclusion of law, the National Labor Relations Board hereby orders that the petition for investigation and certification of representatives of employees of American Thermometer Company, St. Louis, Missouri, filed by Inter- national Association of Machinists, Local No. 688, District No. 9, A. F. of L. be, and it is dismissed. MR. WILLIAM M. LEISERSON , dissenting : I dissent from the decision of the majority to dismiss the petition in this case. The tool and die makers are a recognized craft group. The bargaining history discloses that they were excluded from the plant-wide unit established by the first contract between the S. W. O. C. and the Company and that they were included in the plant-wide unit under the second contract although there was no proof that the S. W. O. C. represented them. Moreover, there is no proof that the S. W. O. C. represents any of them at the present time. Under the circumstances I would direct an election • among them to determine whether they desire to be represented by the Machinists or the S. W. 0. C.