Automatic Heating and Equipment Co.

National Labor Relations Board - Board Decisions

Aug 12, 1952

100 N.L.R.B. 571 (N.L.R.B. 1952)

AUTOMATIC HEATING AND EQUIPMENT COMPANY 571
JOHN F . HUMPHREY D/B/A AUTOMATIC HEATING AND EQUIPMENT
COMPANY; JOHN F. HUMPHREY D/B/A JOHN F. HUMPHREY COM-
PANY; Roy E. WHITE D/B/A Roy E. WHITE PLUMBING AND HEAT-
ING COMPANY; MRS. ETHEL WAYLAND WHITE D/B/A WHITE PLUMB-
ING AND HEATING COMPANY; JOHN F. LONAS AND JAMES A. HILL
D/B/A JOHN F. LONAS PLUMBING AND HEATING COMPANY; H. L.
HAMILTON n/B/A ECONOMY PLUMBING AND HEATING COMPANY;
FRANK R. ENGERT D/B/A ENGERT PLUMBING AND HEATING COMPANY;
P. M. CURETON D/B/A CURETON PLUMBING AND HEATING COMPANY;
THOMAS G. O'CONNOR COMPANY ; JESSE MCGEE D/B/A MCGEE
PLUMBING AND HEATING COMPANY; W. B. HICKS AND H. B. INGLE
D/B/A HICKS AND INGLE; L. C. ROACH D/B3A ROACH PLUMBING AND
HEATING COMPANY; TEMPERATURE CONTROL , INC.; AND TEMPLIN
AIR CONDITIONING CORP.' and UNITED ASSOCIATION OF JOURNEYMEN
AND APPRENTICES OF THE PLUMBING AND PIPE FITTING INDUSTRY OF
THE UNITED STATES AND CANADA, LOCAL UNION No . 102, AFL,
PETITION 'R. Case No. 10-RC--85. AHgv t 192, 19592
Decision and Direction of Election
Upon a petition dilly filed under Section 9 (c) of the National Labor
Relations Act, a hearing was held before Frank E. Hamilton, hearing
officer. The hearing officer's rulings made at the hearing are free
from prejudicial error and are hereby affirmed.
Upon the entire record in this case, the Board finds :
1. The Employers are engaged in commerce within the meaning of
the Act 2
'At the hearing, the hearing officer granted, without objections , a motion by the Peti-
tioner to amend the petition to delete H. H. Kirby d /b/a Kirby Plumbing and Heating
Company, W. C. Hodge and Paul Quinton d/b/a Industrial Plumbing and Heating Com-
pany, E. E. Irwin d /b/a E. E. Irwin Plumbing and Heating Company, and Roane-Anderson
Company as individual employers party to this proceeding.
2 The purchases of the Employers amount to more than $2,800,000 in value yearly,
of which approximately $1,000,000 In value represents purchases originating outside the
State of Tennessee. The annual sales of the Employers amount to about $5,000,000 in
value of which approximately $210,000 represents sales and services performed outside the
State of Tennessee , and approximately $ 3,800 , 000 in value represents sales and services
performed within the State for industrial concerns and projects . The Employers concede
that they are engaged in commerce within the meaning of the Act. See The Plumbing
Contractors Association of Baltimore, Maryland, Inc., et at., 93 NLRB 1081.
100 NLRB No. 93.
572 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
2. The labor organization involved claims to represent certain em-
ployees of the Employers.3
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
4. The Petitioner requests that we find appropriate a unit of all
journeymen plumbers, steamfitters, pipefitters, refrigeration men, and
their apprentices of the Employers including all welders who work
with plumbers, steamfitters, pipefitters, and refrigeration men, but
excluding all professional employees, guards, watchmen, all super-
visors as defined in the Act, and all other employees. The Employers
agree with the Petitioner as to the appropriateness of this unit and
none of the remaining labor organizations appearing at the hearing
expressed a desire to represent any of the employees or classifications
sought by the Petitioner.
The Employers are engaged in plumbing, heating, piping, and
air conditioning contracting and service work in the Knoxville,
Tennessee, area. There are approximately 27 companies, including
the Employers, engaged in the plumbing trade in that vicinity.
Fifteen of these companies are members of the Master Plumbers Asso-
ciation while 3 of the remaining are "national" contractors who
bargain on the national level. The instant petition concerns 10
members of the Plumbers Association and 4 nonmembers, who com-
prise, collectively, what are termed the "fair" contractors in the area.
,All 14 recognize and bargain with the Petitioner as the collective
bargaining representative of the employees in the proposed unit. The
Petitioner and a committee of the 14 Employers negotiate the terms
of contracts following which each Employer signs a separate identical
contract and a master sheet containing the signatures of all. The
multiemployer unit requested by the Petitioner and not contested by
the Employers, conforms to the pattern of bargaining thus-established.
8 The International Association of Machinists , District Lodge No. 167 and Local
Lodges Nos. 480 and 555 filed a motion to intervene in the proceeding but withdrew their
motion prior to the hearing. At the hearing, United Brotherhood of Carpenters and
Joiners of America, AFL ; International Hod Carriers , Building and Common Laborers
Union of America, AFL ; International Union of Operating Engineers , AFL, Sheet Metal
Workers International Association, Local No. 51 , AFL ; Construction and General Laborers
Local No 818, AFL ; International Association of Bridge, Structural and Ornamental
Iron Workers , Local 384, AFL ; and Local 621, Teamsters , Chauffeurs , Warehousemen and
Helpers of America, AFL, moved to intervene . The hearing officer granted Interven-
tion to these labor organizations for the limited purpose of participation at the hearing.
At the close of the hearing , the hearing officer denied the motions for intervention on
the ground that no showing of interest on the part of these organizations had been
made.
4 The labor organizations seeking intervention at the hearing contended that no
question concerning representation exists inasmuch as the Employers recognize the
Petitioner as representative of these employees and a collective bargaining contract between
the Employers and the Petitioner exists for the unit requested . We find no merit in
this contention for the reasons stated in The Plumbing Contractors Association of
Baltimore, Maryland, Inc., et al, supra ; and General Box Company, 82 NLRB 678.
ARROW CANDY CO., INC. 573
The employees in the proposed unit are highly skilled workmen
performing duties traditionally associated with the plumbing and
steamfitting craft. They do not interchange with other employees
and are qualified to carry out the usual functions and skills of their
trade. In some instances welders are assigned to work with plumbers,
steamfitters, pipefitters, and refrigeration men. These welders either
spend their entire time working alongside employees of those classifi-
cations or do welding only as an adjunct to their regular duties as
plumbers, steamfitters, or other classifications in the unit.,,
Upon the entire record, the Board finds that a unit of all journeymen
plumbers, steamfitters, pipefitters, refrigeration men, and their ap-
prentices of the Employers including welders regularly assigned to
work with plumbers, steamfitters, pipefitters, and refrigeration men,
but excluding all professional employees, guards, watchmen, all super-
visors as defined in the Act, and all other employees, constitute a unit
appropriate for the purposes of collective bargaining within the mean-
ing of Section 9 (b) of the Act.
5. The individual Employers testified at the hearing that their em-
ployment was relatively stable although subject to some fluctuation
dependent upon weather and business conditions. All parties are
agreed, and the Board finds, that the employment of employees in
the unit is sufficiently stable to permit an election to be held therein.
[Text of Direction of Election omitted from publication in this
volume.]
MEMBER PETERSON took no part in the consideration of the above
Decision and Direction of Election.
5In the case of one Employer, Hicks and Ingle , plumbers or apprentices may, on
occasion, be assigned to sorting out and receiving materials sent to the project and act as a
"field warehouseman" for the project. The record indicates , however, that such duties
only take up a minor portion of their time and are incidental to their work as plumbers.
ARROW CANDY Co., INC. and LOCAL 452, CANDY & CONFECTIONERY
WORKERS UNION, AFL, PETITIONER . Case No. 2-RC-4614. August
12,1952
Decision and Direction of Election
Upon a petition duly filed under Section 9 ( c) of the National Labor
Relations Act, a hearing was held before Milton A. Shaham , hearing
officer. The hearing officer's rulings made at the hearing are free
from prejudicial error and are hereby affirmed.
100 NLRB No. 95.