The Edward Valve & Manufacturing Co., Inc.

In the Matter of THE EDWARD VALVE & MANUFACTURING COMPANY, INC. and LOCAL UNION No. 2498, STEEL WORKERS ORGANIZING COMMITTEE, C. I. O. Case No. R-3268.-Decided, January 20, 1912 Jurisdiction : steel valve manufacturing industry. Investigation and Certification of Representatives : existence of question : con- flicting claims of rival representatives ; refusal to accord recognition until' - certified by the Board ; employees laid off for not more than sixty days prior to the date of the Direction of Elections included among those eligible to vote ; since election is to be conducted; intervening union's showing of representation held sufficient to entitle it to a place on ballot despite peti- tioner's objection thereto: election necessary. Unit Appropriate for Collective Bargaining : all production and maintenance employees of the Company, excluding supervisory employees, foremen, as- sistant 'foremen, the office force, designing engineers, and laboratory em- ployees ; agreement as to ; watchmen and timekeepers included where they have interests in common with, and are eligible to membership in the same union as, employees in the agreed unit ; inspectors excluded where among' other considerations they have not been organized by either labor organization. Mr. Lester Asher and Mr. David Karasick, for the Board. Mr. Jay E. Darlington, of Hammond, Ind., for the Company. Mr. John J. Brownlee, of Chicago, Ill., and Mr. Sanvael C. Evett, of East Chicago, Ind., for the S. W. O. C. Mr. R. Tempelman, of Chicago, Ill., for the C. L. A. Miss Grace McEldowney, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On September 27, 1941, Local Union No. 2498, Steel Workers Organizing Committee, C. I. 0., herein called the S. W. O. C., filed with the Regional Director for the Thirteenth Region (Chicago, Illinois) a petition alleging that a question affecting commerce had arisen concerning the representation of employees of The Edward' Valve & Manufacturing Company, Inc., East Chicago, Indiana, 38 N. L. It. B., No. 87. 428 THE EDWARD VALVE & MANUFACTURING' COMPANY, INC. 429 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 October 23, 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 Regula- tions-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 October 25, 1941, the Regional Director issued a notice of hearing, copies of which were duly served upon the Company, the Union, and the Christian Labor Association, herein called the C. L. A.1 Pursuant to notice a hearing was held on November 7, 1941, at East Chicago, Indiana, before Will Maslow, the Trial Examiner duly designated by the Chief Trial Examiner. The Board, the S. W. O. C., the C. L. A.,2 and the Company were represented by counsel or official representatives and participated in the hearing. Full opportunity to be heard, to examine and cross-examine wit- nesses, and to introduce evidence bearing on the issues was afforded all parties. During the course of the hearing the Trial Examiner made various rulings on motions and on objections to the admission of evidence. The Board has reviewed the rulings of the Trial Ex- aminer and finds that no prejudicial errors were committed. The rulings are hereby affirmed. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF TIIE COMPANY The Edward Valve &'Manufacturing Company, Inc., is an Indiana corporation having its principal place of business at East Chicago, Indiana, where it is engaged in. the manufacture and distribution of steel valves for power, petroleum, chemical process, marine, and gen- eral industrial fields. The Company purchases annually raw mate- rials, principally steel, valued at approximately $700,000, and sells finished' products amounting to between $1,500,000 and $2,000,000 in value. Approximately 80 percent of the raw materials are shipped to its plant at East Chicago, Indiana, from points outside the State of Indiana, and 95 percent of the finished products are shipped to points outside the State. i The Christian Labor Association land its affiliated local, United Metal workers, Local #1220, are both referred to hereinafter as the C L A 2 The C. L. A. had filed with the Board , prior to the hearing, a motion to intervene The Trial Examiner ruled that the motion was unnecessary since the C L A, had been served with notice of hearing, thereby becoming a party to the proceeding. 430 DECISION'S OF N^AT'101\''AL LABOR RELATIONS BOARD The Company admits that It 'is engaged in commerce within the meaning of the Act. II. THE ORGANIZATIONS INVOLVED Local Union No. 2498, Steel Workers Organizing Committee, is a labor organization affiliated with the Congress of Industrial Or- ganizations, which admits to membership employees of the Company. United Metal Workers, Local #1220, is a labor organization affi- liated with the Christian Labor Association, which admits to mem- bership, employees of the Company. III. THE .QUESTION CONCERNING REPRESENTATION Oil September 12, 1941, following organizational activities of both the S. W. O. C. and-the C. L. A., the S. W. O. C. wrote to the Com- pany claiming to represent a majority of its employees and requesting a' meeting for negotiating a bargaining contract. The Company refused to grant recognition without certification by the Board. A statement prepared by the Regional Director and introduced into evidence discloses'that the S. W. O. C. has a substantial mem- bership among the employees in the unit hereinafter found to be appropriate.' 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 relation to trade, traffic, and commerce among the several States and 'The Regional Director reported that the S W. 0 C had submitted 93 authorization cards, of which 20 were undated and 73 were dated in June, August, September, or October, 1941 All bore apparently genuine original signatures ,. 80 of which were the names of pei- sons on the Company's pay roll of October 16, 1941 Of these 80 persons , 73 were within the unit claimed by the S . W. 0 C, consisting of 190 persons on the aforesaid pay roll, and 72 were within the unit claimed by the Company , consisting of 207 employees A second statement of the Regional Director , also introduced in evidence , showed that the C L A had submitted 11 designations, of which 2 were undated and 9 were dated in August 1941 All bore apparently genuine signatures , 10 of which were the names of persons on the October 16 pay roll At the hearing the parties stipulated that these 10 persons were within the proposed unit. During the hearing the Trial Examiner stated that the C. L A had presented to him 3 authorizations bearing 23 apparently genuine signatures , including 10 of the 11 names' previously submitted to the Regional Director Opposite 11 of the names there were dates in October and November 1941, the others were undated All 23 names were on the Com- pany's pay roll of November 6, 1941 , but one was listed under the' heading "clerical," a category not included in the unit claimed by the C L A , J THE EDWARD VALVE & MANUFACTURING COMPANY,, INC. 431" tends to lead to labor. disputes burdening and obstructing commerce and thefree flow of commerce. V. THE APPROPRIATE UNIT The parties, agree that all 'production and ' maintenance employees of the Company, excluding supervisory employees, foremen, assistant foremen, the office force, designing engineers, and laboratory em- ployees, constitute a unit appropriate for the purposes of collective bargaining. The only controversy relates to the inclusion in the unit of watchmen, timekeepers, and inspectors. Watchmen 4 are employed by the Company to guard its property against fire,' theft, internal damage, and trespassers. They are paid by the hour and work on two of the three shifts, observihg the same hours as other employees on these shifts; none are'on duty from 8 a: m. to 4*p. m. In addition to the employees listed as'watchrnen, others 'classified as janitors or - plant maintenance employees,5 and who as such are included in the agreed unit; perform similar duties. Ordinarily, two employees are,on duty as watchmen at the same time, one punching the time clock while the other fires boilers. Although their principal job is to guard the Company's property, they have at times been called on to 'do other types of work 'in their spare time. Watchmen are eligible for membership iii the S. W. O. C.; and both the S. W. O. C. and the C. L. A. ask to have them included in the bargaining unit. The Company contends that they 'should be 'excluded. Since they appear to work under substantially the same conditions, to share some of the same duties, and to be eligible for membership in the same union •as employees in the agreed unit, we shall include watchmen in the bargaining unit. Timekeepers 6 are' employed for job timing. They make out job time tickets for the production employees from forms prepared in the office, and punch one of the tickets whenever a job is begun and again when it is completed. After the employees' earnings are 'com- puted in the office from these records, one copy of each ticket, with an entry showing the amount earned, is returned to the timekeeper to be given to the employee who performed the job. Timekeepers have no authority to hire or discharge and do 'not give orders to production employees. They are paid by the hour, and work the same hours as other employees. Although their duties are clerical in nature, and they are included in the same pay-roll classifi= cation and,work under the same'general supervision as other clerical 4 On the Company's pay roll of Novembei, 6, 1941 , there were 3 persons listed ' as watchmen s Watchmen , janitors , and plant maintenance employees are all listed on the pay roll,under the general heading of "maintenance," and have the same foreman" " a As of November 6 the Company employed 5 timekeepers. 432 DYCISIONIS, OF NATIONAL LABOR RELATIONS, BOARD employees, their desks are in the various departments, and they leave the floor only to get time tickets and other necessary materials. Timekeepers are eligible to membership in the S. W. O. C. and have been active in its organization. The S. W. O. C. asks to have them included in the unit, while the C. L. A. and the Company ask for their exclusion. The reason for the position of the C. L. A.' does not appear, but the Company's contention is that timekeepers are confidential employees. We feel, however, on the basis of the facts set forth above and the entire` record in the case, that the timekeepers have interests in common with the production and maintenance em= ployees which make their inclusion in the unit appropriate, and that their duties are not of such a confidential nature as to justify 'their exclusion on that ground. We shall accordingly include timekeepers in the bargaining unit. Inspectors 7 have the duty of inspecting incoming materials, parts in the process of manufacture, and the finished products of the plant. In general their work is performed 'at benches on the floor of the plant, and they observe the same hours, handle the same materials, and work from the same blue prints as the production employees. On the other hand they do not operate production machines, and the only manual labor they perform is connected with the operation of gauges, scales, and measuring machines. While they do not give instructions to the operators, have no authority to hire, discharge, or discipline them, do not recommend wage increases or promotions, and are not responsible for reporting bad work, they inspect and must approve the first piece of each run before the operator can proceed, and at the end of the run they enter on- the job ticket the number of pieces completed. In some cases inspectors have been promoted from inside the plant; in others they have been hired from the outside. There are no special scholastic requirements for the positions, nor is prior training always necessary. The S. W. O. - C. does not admit inspectors to membership, and would exclude them from the bargaining unit. The C. L. A. and the Company contend for their inclusion. On the basis of the record before us, and especially in the absence of any showing that the in- spectors have been organized by either labor organization in the unit with production and maintenance employees„ we shall exclude them. We find that all production and maintenance employees of the Company, including watchmen and timekeepers, but excluding super- visory employees, foremen, assistant foremen, inspectors, the clerical and office force, designing engineers, and laboratory employees, con- stitute a unit appropriate for the purposes of collective bargaining, 4 There were 17 inspectors listed on the November 6 pay roll, under a separate classifica- tion of "inspection." i THE EDWARD VALVE & MANUFACTURING COMPANY, INC. 433 and that such unit will insure to employees of the Company the full benefit of their right to self-organization and to collective bar- gaining and otherwise will effectuate the policies of the Act. VI. THI DETERMINATION OF' REPRESENTATIVES We find that the question concerning representation which has arisen can best be resolved by an election by secret ballot. At the hearing the S. W. O. C. moved to exclude the C. L. A. from the ballot on the ground that it had made an insufficient showing of interest in the proceeding. However, since an election is to be conducted, we feel that the showing of interest made by the C. L. A. is sufficient to entitled it to a place on the ballot." In accordance with our usual practice and with the desires of the parties as expressed at the hearing, we shall direct that the pay roll for the period immediately preceding the date of the Direction herein be used to determine eligibility to vote. Employees who have been laid off for not more than 60 days prior to the date of the Direction will be included among those eligible to vote, as requested by the S. W. O. C., since the Company's general policy in regard to reemploy- ment indicates that such lay-offs are regarded as temporary.9 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 1. A question affecting commerce has arisen concerning the repre- sentation of employees of The Edward Valve & Manufacturing Com- pany, Inc., East Chicago, Indiana, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act. 2. All production and maintenance employees of the Company, including watchmen and timekeepers, but excluding supervisory em- ployees, foremen, assistant foremen, inspectors, the clerical and office force, designing engineers, and laboratory employees, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the 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 8 See Matter of Harvill Aircraft Die Casting Corporation and International Union of United Automobile Workers of America, Local 683, CIO, 28 N. L. R. B. 417. Although the president of the Company testified that there was no set policy regarding reemployment or the method of reckoning seniority after a lay -off, he also stated that in the case of a man reemployed after a two-month lay-off due to a shortage of material, for example, his seniority would date from his original hiring. 438861-42-vol. 38-29 434 DECPSiIONIS OF NATIONAL LABOR RELATIONS BOARD 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 ordered by the Board to ascertain representatives for the purposes of collective bargaining with The Edward Valve & Manufacturing Company, Inc., East Chi- cago, Indiana, 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 Thirteenth Region, acting in this matter as agent for the National Labor Relations Board, and subject to Article III, Section 9, of said Rules' and Regulations, among all pro- duction and maintenance employees of the Company who were employed during the pay-roll period immediately preceding the date of this Direction of Election, including watchmen and timekeepers and employees who did not work during such pay-roll period because they were ill or on vacation or in the active military service or training of the United States, or temporarily laid off, but excluding super- visory employees, foremen, assistant foremen, inspectors, the, clerical and office force, designing engineers, and laboratory employees, and employees who have since quit or been discharged for cause, to de- termine whether they desire to be represented by Local Union No. 2498, Steel Workers Organizing Committee, C. I. 0., or by United Metal Workers, Local #1220, C. L. A., for the purposes of collective bargaining, or by neither.