Struthers Wells Corp.

National Labor Relations Board - Board Decisions

Feb 13, 1945

60 N.L.R.B. 589 (N.L.R.B. 1945)

In the Matter Of STRUTHERS WELLS CORPORATION and UNITED STEEL-
WORKERS OF AMERICA, C. I. O.
Case No. 6-R-1000
SUPPLEMENTAL DECISION
ORDER
SECOND DIRECTION OF ELECTIONS
AND
CERTIFICATIONS OF,REPRESENTATIVES
February 13, 1945
On December 19, 1944, pursuant to the Decision and Direction of
Elections issued by the Board herein on November 23, 1944,' elections
by secret ballot were conducted under the direction and supervision
of the Regional Director for the Sixth Region ( Pittsburgh , Pennsyl-
vania). Upon the conclusions of the elections , Tallies of Ballots were
furnished the parties in accordance with the Rules and Regulations
of the Board. With respect to Group ( 2), it appears from the Tally
of Ballots that a collective bargaining representative has' been se-
lected, since of the approximately 159 eligible voters, 154 cast valid
votes, of which 95 were for the Boilermakers , 55 were for the Steel-
workers, and 4 were for neither. No objections were filed by any
of the parties within the time provided therefor.
In the Decision and Direction of Elections previously referred to,
the Board made no final determination of the appropriate unit or
units, but stated that such determination would depend in part upon
the results of the elections among the employees in the -four voting
groups. Since it appears that the employees in Group ( 2) have
chosen the Boilermakers as their representative , we find that said
group constitutes a separate appropriate unit, and we shall, accord-
ingly, certify the Boilermakers as the bargaining representative of
the employees included therein.
On December 22, 1944, December 26, 1944, and January 4, 1945,
the IAM, the IBEW , and the Blacksmiths , respectively , filed Objec-_
tions to the Tallies of Ballots with respect to Groups ( 1), (3), and
x 59 N . L, R. B. 454.
60 N.L.R B, No 111
589
590 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
(4). Thereafter, all parties entered into a stipulation whereby they,
,agreed that the Board set aside'the elections held on December 19,-
1944, among the employees in Groups (1), (3), and (4), described
in the Board's Decision, and order new elections without further pro-
ceedings, -which the parties expressly waived. The Board hereby
approves the stipulation of the parties, and in accordance therewith
will set aside the elections and direct that new elections be held among
the employees in Groups (1), (3), and (4), described in the Board's
Decision, who were employed during the pay-roll period immediately
preceding the date of this Second Direction of Elections, subject to
the limitations and additions-set forth therein.
ORDER
In accordance with the stipulation of the parties, the National
Labor Relations Board hereby vacates and sets aside the elections
held on December 19, 1944, in Groups (1), (3), and (4) and the re-
sults thereof. °
SECOND DIRECTION OF ELECTIONS
By virtue of and pursuant to the power vested in the National
Labor . Relations Board by Section 9 (c) of the National - Labor Re-
lations Act , and pursuant .to Article III,_SectiQn 9, of rational Labor
Relations Board Rules and Regulations-Series 3, as amended, it is
hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Struthers Wells
Corporation , Titusville , Pennsylvania, elections by secret ballot shall
be conducted as early as possible, but not later than thirty ( 30) days
from the date of this Second Direction , under the direction and super-
vision of the Regional Director for the Sixth Region, acting in this
matter as agent for the National Labor Relations Board, and subject
to Article III, Sections 10 and 11, of said Rules and Regulations,
among the employees in Groups ( 1), (3), and (4), described in the
Board's : Decision of November 23, 1944, who were employed during
the Spay-roll period immediately preceding the date of this Second
Direction , including employees who did not work during said pay-
roll period because they were ill or on vacation or temporarily laid
off, and including employees in the armed forces of the United States
who present themselves in person at the polls , but excluding those
employees who have since quit or been discharged for cause and have
not been rehired or reinstated prior to the date of the elections, to
determine in Group (1) whether they desire to be represented by
United Steelworkers of America , C. I. O., or by International Asso-
STRUTHERS WELLS CORPORATION 591
ciation of Machinists, A. F. L., for the purposes of collective bar-
gaining, or by neither; in Group (3) whether they desire to be repre-
sented by United Steelworkers of America, C. I. 0., or by International
Brotherhood of Blacksmiths, Drop Forgers and Helpers, affiliated
with the American Federation of Labor, for the purposes of collective
bargaining, or by neither; and in Group (4), whether they desire
to be represented by United Steelworkers of America, C. I. 0., or by
International Brotherhood of Electrical Workers, A. F. L., for the
purposes of collective bargaining, or by neither.
CERTIFICATION OF REPRESENTATIVES
By virtue of and pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) -of the National Labor Re-
lations Act, and pursuant to Article III, Sections 9 and 10, of National
Labor Relations Board Rules and Regulations-Series 3, as amended,
IT IS HEREBY CERTirIEn that International Brotherhood of Boiler
Makers, Iron Ship Builders, Welders and Helpers of America has,
been designated, and selected by a majority of boilermakers, fitters,
fitter bolters, welders, fitter welders, chipper welders, learner welders,
punch operators, air riveters, shears operators, roller operators, plate
handlers, stack makers or sheet metal workers, sand blasters, X-ray
operators, press brake operators, air grinders, oxygen cutters, acety-
lene burners, flangers and their helpers, hydraulic press operators and
their helpers, loaders, testers, layers-out, tube setters, chippers, chipper,
and caulkers, chipper learners, janitor of boilermaker department,
storeroom helpers attached to boilermaker department, boilermaker
department inspectors, planer operators, hydraulic riveters, expedit-
ers, working foremen, and gang leaders of Struthers Wells Corpora-
tion, Titusville, Pennsylvania, but excluding the instructor, and all
supervisory employees with authority to hire, promote, discharge,
discipline, or otherwise effect changes in the status of employees, or
effectively recommend such action, as their representative for the pur-
poses of collective- bargaining, and-that, pursuant to Section 9 (a)
of the Act, the said organization is the exclusive representative of all
such employees for the purposes of collective bargaining with respect
to rates of pay, wages, hours of employment, and other conditions of
employment.