The Pitcairn Co.

National Labor Relations Board - Board Decisions

May 29, 1944

56 N.L.R.B. 1034 (N.L.R.B. 1944)

In the Matter of THE PITCAIRN COMPANY (PITTSBURGH VALVE &
FITTINGS DIVISION) 1 and UNITED MINE WORKERS OF AMERICA,,
DISTRICT 50
Case No. 8-R-1491.-Decided May P, 1944
Mr.'Lester D. Seymour and Mr. J. R. Traugott , of Barberton, Ohio,
for the Company.
Mr. William T/tcmas and Mr. Joseph Bird, of Cleveland , Ohio, for
the Union.
Mr. William Strong , of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a 'petition duly filed by United Mine Workers of America,
District 50, herein called the Union, alleging that a question affecting
commerce had arisen concerning the representation of employees of
The Pitcairn Company (Pittsburgh Valve' & Fittings Division),
Barberton, Ohio, herein called the Company, the National Labor Rela-
tions Board provided for an appropriate hearing, upon due notice
before James C. Paradise, Trial Examiner. Said hearing was held
at Cleveland, Ohio, on May 2, 1944. The Company and, the Union'
appeared and participated. All parties were afforded full oppor-
tunity to be heard, to examine and cross-examine witnesses, and to
introduce evidence bearing on the issues. The Trial Examiner's
rulings made at the hearing are free from prejudicial error and are
hereby affirmed. All parties were afforded an opportunity,to file
briefs with the Board.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
The Company operates a plant at Barberton, Ohio, where it is
engaged in the manufacture of valves and fittings. During 1943 the
I The Company's name is shown as corrected by amendment at the hearing.
56 N. L. R. B., No. 184.
1034
a
THE PITCAIRN COMPANY 1035
Company used raw materials valued in excess of $1,000,000, about
20 percent of which came from sources outside the State of Ohio, and
manufactured finished products valued at more than $2,000,000, about
75 percent of which-was shipped to points outside that State.
The Company admits that it is engaged in commerce within the
meaning of the National,Labor Relations Act.
II. TIIE ORGANIZATION INVOLVED
United Mine Workers of America, District 50, is a labor organiza-
tion ' admitting to membership employees of the' Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the Union as the
exclusive bargaining representative of the Company's checkers, on
'the ground that the checkers alone do not constitute an appropriate
unit. -
The Company contends that the Union, by excluding checkers,
among others, from the coverage of the production and maintenance
employees contract, impliedly agreed not to represent the excluded
categories of employees. The production and maintenance unit with
certain exclusions was found appropriate by the Board; the contract
thereafter executed followed the Board's unit findings.2 Nothing
in either the Board's findings or in the terms of the contract pre-
cludes the Union from representing the excluded employees. More-
over, as shown in Section IV, below, the Company has extended
recognition and has signed a contract in a unit composed of pattern
makers, another of the excluded categories. We find no merit in the
Company's contentions in this respect. '
A statement of a Board agent, introduced into evidence at the
hearing, indicates that the Union represents a substantial number
of employees in the unit hereinafter found appropriate.3
We find that a question affecting commerce has' arisen concerning
the representation of employees of the Company, within the mean-
ing of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
The Union seeks a unit composed of all the Company's checkers.
The_ Company asserts that such 'a unit is inappropriate because the
checkers are part of clerical group excluded from the production
and maintenance unit found to be appropriate in this plant in a
Matter of The Pitcairn Company; 52 N. L. R. B. 404.
$ The Field Examiner reported that the Union submitted eight designation cards and that
there are eight employees in the appropriate unit. '
1036 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
prior proceeding,' and further asserts that an appropriate unit, em-
bracing the checkers should include the clerical employees as well.
The checkers are in the Company's pay-roll department, and are
under the supervision of a head checker. The duties of the checkers
consist mainly of checking the production workers' time cards and
daily work reports. The checkers also at times engage in the.prepara-
tion of monthly inventories on raw materials, reports showing the
'amount of time that various motors in their 'department operate, and
other work of this type. The Company also employs various other
categories of clerical and office employees, both in the same department
as the checkers and elsewhere. The checkers' pay, vacation, and other
privileges are on the same basis, as that of the clerical and office
employees.
Up to about 3 months preceding the hearing herein, however, the
checkers were paid and had privileges similar to those of production
employees. -The change was effected in part because the , checkers
complained that while the Company insisted on treating them as
clerical workers and denied them certain rights which the production
workers had, the Company was,simultaneously declining to extend
to the checkers all the benefits which were given to.office and clerical
workers.
No labor organization has ever sought to represent all of the clerical
and office employees of the Company. The Company is at present
party to a contract covering only the pattern makers in its employ.
The checkers constitute 'a distinct, readily definable, homogeneous
group.5 We see nothing in the record which might militate against
a unit composed solely of checkers; we shall find that a unit of
checkers is appropriate.
We find that all of the Company's checkers excluding the head
checker and any other supervisory employees with authority to hire,
promote, discharge, discipline, or otherwise effect changes to the
status of employees, or effectively recommend such action, constitute
a unit appropriate for the purposes- of collective bargaining within
the meaning of Section 9 (b) of" the Act.
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among--the em-
ployees in the appropriate unit who were employed during the pay-
roll period immediately preceding the date of the Direction of Elec-
* Matter of The Pitcairn Company, 52 N. L. R. B. 404. -
5 See, e. g., Matter of Clark Equipment Company, 56 N. L. R B . 9; Matter of Bethle-
hem Steel, Company, 46 ,N. L. R. B. 11G6 ; Matter of Cramp Shipbuilding Company, 46
N. L. R. B. 115. a
I
THE PITCAIRN COMPANY 1037
tion herein, subject to the limitations and additions set forth in the
Direction.
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 Re-
lations ,Act, and pursuant to Article III, Section 9, of National
Labor Relations Board Rules and Regulations-Series 3, it is hereby
DIRECTED that, as part of the investigation to ascertain represent-
atives for the purposes of collective bargaining with The Pitcairn
Company (Pittsburgh Valve & Fittings Division), Barberton, Ohio,
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
Eighth 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 the unit found
appropriate in Section IV, above, who were employed during the
pay-roll period immediately preceding the date of this Direction,
including employees who did not work during said pay-roll period
because they were ill or on vacation or temporarily laid off, and in-
eluding employees in the armed forces of the United States who pre-
sent themselves in. person at the polls, but excluding any who have
since quit or been discharged for cause and have not been rehired
or reinstated prior to the date of the election, to determine whether
or not they desire to be represented by United Mine Workers of
America, District 50, for the purposes of collective bargaining.
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