Babcock & Wilcox Co.

National Labor Relations Board - Board Decisions

Apr 13, 1945

61 N.L.R.B. 533 (N.L.R.B. 1945)

In the Matter of THE BABCOCK & WILCOX COMPANY and AMERICAN
FEDERATION OF LABOR
Case No. 8-R-1762.-Decided April 13,1945
Messrs. Robert C. Landon and James A. Patterson , of Barberton,
Ohio, for the Company.
Mr. Ted C. Dethloff, of Akron, Ohio, for the Union.
Mr. Samuel G. Hamilton , of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by American Federation of Labor,
herein called the Union, alleging that a question affecting commerce
had arisen concerning the representation of employees of The Babcock
& Wilcox Company, Barberton, Ohio, herein called the Company, the
National Labor Relations Board provided for an appropriate hearing
upon due notice before George F. Hayes, Trial Examiner. Said hear-
ing was held at Akron, Ohio, on March 7, 1945. The Company and
the Union appeared and participated. All parties were afforded full
opportunity 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
1. THE BUSINESS OF THE COMPANY
The Babcock & Wilcox Company is a New Jersey corporation with
a plant, involved in this proceeding, located at Barberton, Ohio. It is
there chiefly engaged in the manufacture of pressure vessels, boilers
for marine and stationary use, and such other special products as it is
required to make under the present war production program. The
61 N. L. R. B., No. 73.
533
534 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Barberton plant does in excess of $1,000,000 worth of business per year,
the majority of which is in interstate commerce. -
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
American Federation of Labor is a labor organization 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 certain of its employees until
the Union has been certified by the Board in an appropriate unit.
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that the Union represents a substantial number of em-
ployees in the unit hereinafter found appropriate.,
We find that a question affecting commerce has arisen concerning
the representation of the 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
In substantial accordance with the agreement of the parties, we find
that all salaried employees of the Company at its Barberton; Ohio,
plant, including general office employees, factory office employees,
laboratory employees, cafeteria employees, technical employees, and
professional employees, but excluding watchmen or plant guards, the
cashier, secretary to the personnel director and the joint relations
supervisor, woman's counsellor interviewer, secretary to the general
plant superintendent, safety engineer II, manager, manager bowling
,floor, sergeant, foremen I and II, and all other supervisory employees
with authority to hire, promote, discharge, discipline, or otherwise
effect changes in the status of employees, or effectively recommend
such action, constitute a unit appropriate for the purposes of collec-
tive 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-
1 The Field Examiner reported that the Union submitted 307 application and authoriza-
tion cards , that the names of 294 persons appearing on the cards were listed on the Com-
pany's pay roll of February 22, 1945 , which contained the names of 860 employees in the
alleged appropriate unit , and that 1 of the cards was dated in December 1943 , 6 were dated
in January 1944, 38 in December 1944 , 183 in January 1945 , 50 in February 1945, and 29
were undated.
THE BABCOCK & WILCOX COMPANY 535
ployees in the appropriate unit who were employed during the pay-
roll period immediately preceding the date of the Direction of Election
herein, subject to the limitations and additions set forth in the Direc-
tion.
The Company urges that employees in the armed forces, number-
ing 403, be afforded an opportunity to vote, presumably by mail if
not available to cast a ballot in person . For reasons given in Matter
of Mine Safety Appliances Company '2 only those employees in the
armed forces who present themselves in person at the polls shall be
permitted to cast ballots.
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
Act, and pursuant to Article III, Section 9, of National Labor Rela-
tions 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 The Babcock &
Wilcox Company, 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 the . 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 election , to determine whether' or not they desire to be represented
by American Federation of Labor for the purposes of collective bar-
gaining.
CHAIRMAN MILLIS took no part in the consideration of the above
Decision and Direction of Election.
2 55 N. L R. B. 1190.