Sanderson and Porter and Monongahela Power Co.

National Labor Relations Board - Board Decisions

Oct 13, 1952

100 N.L.R.B. 1487 (N.L.R.B. 1952)

SANDERSON AND PORTER 1487
following employees constitute a unit appropriate for the purposes
of collective bargaining within the meaning of Section 9 (b) of the
Act : e
All construction and maintenance employees at the Employer's Ca-
tano Transit Sheds project in Barrios Monacillos, Rio Piedras, Puerto
Rico, including operators of light and heavy equipment, but exclud-
ing all office and clerical employees, timekeepers, assistant timekeepers,
rodmen, engineers, professional, executive, and administrative em-
ployees, guards,7 foremen," and all other supervisors as defined in
the Act. -
5. The record discloses that the Catano project, which started in
April 1952, will continue until June 1953. At the time of the hearing,
July 14 and 16, 1952, the Employer planned to take on 10 or 15 addi-
tional employees at the conclusion of the steel strike in the United
States. As the Catano project will be in operation through the middle
of 1953, and a substantial and representative working force will ap-
parently be employed during this time, we find that the employees
herein should be afforded an opportunity to select a collective bargain-
ing agent at this time."
[Text of Direction of Election omitted from publication in this
volume.]
6 The Employer contends that if the Petitioner represents employees in other industries,
it should not be permitted to act as bargaining agent for the construction employees herein.
We find no merit in this contention as the Board has frequently held that the willingness
of a petitioner to represent the employees in issue is controlling under the Act Northern
Redwood Lumber Company, 88 NLRB 272; Iowa Packing Company, A Ditiision of Swift
and Company, 85 NLRB 1080.
T As the record contains inadequate evidence concerning the amount of time certain
employees who work part time as watchmen spend as guards within the meaning of the
Act, we shall permit them to vote subject to challenge
8 The record shows, and we find, that the foremen are supervisors within the meaning
of the Act.
Cf. The Girdler Corporation ( Dana Project ), 96 NLRB 894.
FRANCIS BLOSSOM, R. L. HAMILL, D. J. WALSH, HARRISON SMITI-i,
HENRY W. BUTLER, W. E. HAMILTON, P. B. TAYLOR, D. S. PELLETIER,
A PARTNERSHIP D/B/A SANDERSON AND PORTER AND MONONGAHELA
POWER COMPANY' and UNITED BROTHERHOOD OF CARPENTERS AND
JOINERS OF AMERICA, LOCAL 1339, AFL, PETITIONER. Case No.
6-RC-1119. October 13,1953
Decision and Direction of Election
Upon a petition duly filed, a hearing was held in this case before
W. G. Stuart Sherman, hearing officer. The hearing officer's rulings
The name of the first Employer appears as amended at the hearing.
100 NLRB No. 244.
1488 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
made at the hearing are, with the exception noted below, free from
prejudicial error and are hereby affirmed.
The International Association of Machinists, Local Lodge •906,
herein called the IAM, intervened to secure a separate election for a
unit of millwrights,2 which it desires to sever from the unit of mill-
wrights and carpenters represented by the Petitioner since March 1951.
As the IAM failed to make a substantial showing of interest among
the employees in the unit it seeks ,3 and as the IAM does not wish a
place on the ballot in an election for the unit of millwrights and car-
penters sought herein by the Petitioner, we find it unnecessary to pass
upon the IAM's request for a unit of millwrights and hereby reverse
the ruling of the hearing officer permitting the IAM to intervene 4
Pursuant to the provisions of Section 3 (b) of the Act, the Board
has delegated its powers in connection with this case to a three-mem-
ber panel [Members Houston, Murdock, and Styles].
Upon the entire record in this case, the Board finds :
1. The Employers are engaged in commerce within the meaning of
the Act.
2. The labor organizations involved claim to represent certain em-
ployees of the Employers.
3. A question affecting commerce exists concerning the representa-
tion of employees of the Employers within the meaning of Section
9 (c) (1) and Section 2 (6) and (7) of the Act.
4. We find in agreement with the Petitioner and the Employers
that the following employees, at the Employers' Albright, West Vir-
ginia, project constitute an appropriate unit for the purposes of col-
lectiv bargaining within the meaning of Section 9 (b) of the Act;
All carpenters and millwrights, including working foremen,r, but
excluding guards, professional employees, all other employees, general
foremen, and all other supervisors as defined in the Act.
5. The Employers contend in their brief that the petition should
be dismissed because the Albright project involved herein is to be
completed by the end of 1952.
The Employers began construction of the initial 2 units of a large-
scale power station at Albright, West Virginia, in March 1951. The
first unit was scheduled to be completed on September 29, 1952, when
the 50 carpenters and 30 millwrights employed at the time of the
hearing, August 19, 1952, were to be reduced to between 30 and 35
carpenters and 14 millwrights. The Employers expected the number
of these employees to taper off somewhat until the virtual completion
2 Also referred to as erection machinists.
$ The IAM produced cards indicating ' that it represented only 3 out of 28 millwrights.
See Boeing Airplane Company, 86 NLRB 368.
s The record shows, and we find, that the working foremen are not supervisors within the
meaning of the Act.
GENERAL ELECTRIC COMPANY 1489
of the second unit at the close of 1952, after which approximately 10
carpenters and 6 millwrights will stay on for 2 or 8 weeks in January.
1953 to perform further work in connection with the "turning-over
operation." In accordance with their standard practice on other.
projects, the Employers plan to recall from the immediate area of
Albright the same millwrights and carpenters, if available, com-
mencing in May 1953 for 3 months of work on a cooling tower for the
project. Immediately thereafter, work will begin on a final unit of
the Albright project, which will continue until October 15, 1954. It
is anticipated that there will be a steady increase in the number of
millwrights and carpenters employed thereon until the maximum of
35 to 40 carpenters and 15 millwrights is reached in July 1954.
It is clear from the foregoing that a substantial and representative
segment of the millwrights and carpenters is to be employed during
the balance of 1952. As it is also definitely planned to resume work on
the Albright project for about 11/2 years after the interval between
mid-January and early May 1953, we find that the employees herein
should be afforded an opportunity to select a collective bargaining
representative at this time.6 Accordingly, we hereby deny the Em.
ployers' motion to dismiss the petition herein.
[Text of Direction of Election omitted from publication in this
volume.]
Cf. Donovan, James , Wilmer i Becker, 93 NLRB 1562 ; Westinghouse Electric Corpora-
tion, General Electric Company, 88 NLRB 1502 . See also The Girdier Corporation (Dana
Project), 96 NLRB 894.
GENERAL ELECTRIC COMPANY and INTERNATIONAL UNION OF ELECTRI-
CAL, RADIO AND MACHINE WORKERS, CIO, PETITIONER . Cases Nos.
00-RC-1633 and 0O-RC-1672. October 13,195
Supplemental Decision, Order, and Direction of Election
On May 16,1952, the Board issued a Decision and Order 1 dismissing
the petitions in the above-entitled cases upon the ground that the na-
tional agreement of the Intervenors 2 with the Employer, applicable
to the plants involved, was a bar to an election in this case. We there
held that. the agreement was not rendered ineffective as a bar because
it contained a. recognition and termination clause which allegedly
provided for termination upon certification of another representative,
a.s the language of the clauses was not clear and unmistakable and
2 99 NLRB 954.
a United Electrical , Radio and Machine Workers of America ( UE) and its Local 1412.
100 NLRB No. 166.