City Welding & Machine Co.

National Labor Relations Board - Board Decisions

Jan 23, 1943

46 N.L.R.B. 1357 (N.L.R.B. 1943)

In the Mattel' of CITY WELDING & MACHINE COMPANY and - UNITED
STEELWORKERS OF AMERICA, (CIO)
Case No. R-,.1p 06.Decided January P, 19/3
Jurisdiction : ordnance manufacturing industry. -
Investigation and' Certification of Representatives : existence of question:
refusal to bargain because of existing contract: ' contract held no bar to,
when petitioner gave notice of its claims prior to automatic renewal date;
election necessary.
Unit ' Appropriate for Collective Bargaining : all hourly paid production and
maintenance employees, with specified inclusions and exclusions; stipulation
as to. '
Mr. Donald-,1P.,Raley', of Canton, Ohio, for the Company.
111r. Paul Rusen, of Wheeling, W. Va., for the Steelworkers.
Mr. Van B. Carter of Pittsburgh, Pa., for the Machinists.
bliss Muriel J. Levor, of counsel-to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by United Steelworkers of America,.
(CIO), herein called the Steelworkers, alleging that a dii'estion' af-
fecting commerce had arisen concerning the representation' of em-
ployees of City Welding & Machine Company, Benwood, West 'Vir-
ginia, herein called the Company, the National Labor Relations
Beard provided for an appropriate hearing upon due notice before
Henry Shore, Trial Examiner. Said hearing was held at Wheeling,
Test Virginia, on December 29, 1942. The Company, the Steel-
workers, and, International Association of Machinists,' herein called
the Machinists, appeared, participated, and 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 rul-
ings made at the hearing are free from prejudicial error and are,
hereby affirmed. -
The Machinists made a motion toa, dismiss„the petitioln 9n the
round that a. contract which it holds with the Company is a bar-n
A motion to dismiss the, petition was also made by the Company on
46 N L R B, No 170.
1357
1358 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the ground that there was no adequate evidence of substantial repre-
sentation made by the Steelworkers. Rulings on both these motions.
were reserved to the Board. For reasons hereinafter set forth, both
these motions are hereby denied:
Upon-the entire record in the case, the Board hakes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY'
The City Welding & Machine Company, a West Virginia corpora-
tion, has its plant,' which is here alone involved,' at Benwood, West
Virginia, where it manufacturers arsenal equipment for the United
States Army and Navy and the Lend Lease Program. At its Ben-
wood plant the Company uses raw materials of the approximate value
of $7,500 per month, of which more than 80 percent is shipped from
points outside the State of West Virginia. 'The finished products
manufactured by the' Company at this plant amount'to the approx-
imate value of $50,000 per, month, all of which, is shipped to. points
outside that State.
The Company concedes for the purposes.of this proceeding that it is
engaged in commerce, within the meaning of the National Labor
Relations Act.'
IT. THE ORGANIZATIONS INVOLVED
United Steelworkers of America is a labor organization affiliated
with the Congress of Lnd'ustrial Organizations, admitting to member-
ship employees of the Company.
International Association of Machinists is a labor- organization
affiliated with the American Federation of Labor, admitting to mem-
bership employees of the Company. ; -
III;tTHE QUESTION CONCERNING REPRESENTATION
On or about September 11, 1942, 'the Steelworkers asked the Com-
pany for a conference for the purpose of collective bargaining. In a
letter dated September 14, 1942, the Company refused, stating that it,
could not negotiate'with another union until near the expiration date
of its presently existing contract with the Machinists. In answer to
a further request' from the Steelworkers dated December 10, 1942, the
Company in a letter of December 15, 1942, refused to negotiate be-
cause of the conflicting claims of the Machinists and the Steelworkers.
. The"Company and the Machinists entered into a contract'Nov'eniber
27, 1941, *hich'provided that the contract would remain in-force' until -
November •27, 1942, and for yearly periods thereafter, unless either
party gave the other written notice of a desire for a'confe'rence to nego-
CITY WELDING & MACHINE COMPANY
tiate a new agreement , at least 10 days prior to any expiration date.
If following such 10 days' notice the parties did not reach a new agree-
ment, the contract would terminate within . a period of 30 days from the
giving of the notice . In August 1942, the Machinists asked the.Com
pany to open up the contract for wage adjustments . Before ' thcl
negotiations were completed the Steelworkers filed the petition herein.
The Company then refused further negotiations with . the Machinists:
The Machinists contend that the contract is a bar to a present de'
termination of representatives and the Company urges that the con-
tract was automatically renewed. Since the Steelworkers gave notice
of its representation claims prior to the time when the contract could
have been automatically renewed , the, contract does not constitute at
bar to an investigation of representatives."
A statement of the Regional Director , introduced into evidence
at the hearing, and a statement of the Trial Examiner made at the`
hearing, indicate that the Steelworkers and the Machinists each rep-
resents a substantial number of employees in ' the unit hereinafter
found to be appropriate 2
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company , within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATD UNIT'
We find, in accordance with a stipulation of the parties, that, all
hourly paid production and maintenance employees of the Company,
at its Benwood, West Virginia, plant, including common laborers,'
but excluding superintendents, foremen and assistant foremen in
charge of any class of labor, watchmen, and all clerical and salaried
employees, constitute a unit appropriate for the purposes of collective
bargaining, within the meaning of Section 9 (b) of. the Act 3
'Matter of Toledo Steel Products Company and International Union, UnitedAutomobile„
Aircraft and Agricultural Implement Workers of America ; Local No . 12 (C.
45 N. L. R. B. 1294.
2 The Regional Director reported that the Steelworkers submitted 128 designations dated
July through December 1942; 76 of these designations , all bearing apparently genuine
signatures , bear the names of persons on the Company's pay roll of November 23, 1942,
containing a total of 167 names within the appropriate unit. At the hearing the Steel-
workers submitted an additional 14 designations to the Trial Examiner who found that of
this number, 10 , all bearing apparently genuine signatures , correspond with names of per-
sons on the above pay roll. Also , at the hearing , the Machinists submitted 135 designa-
tions, of which 87 were dated April 1941 to January 1942, the rtst undated ; 57 of these
designations , all bearing apparently genuine signatures , bear the names of persons on this
same pay roll.
3 This is in substance the unit provided for in the contract between the Company and
the Machinists.
, 1360 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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-
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 2, as amended, it is
hereby,
DIRECTED that, as part of the investigation to determine represent-
atives for the purposes of collective bargaining with City Welding cC
Machine Company, Benwood, West Virginia, 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 Sixth Region, act
ing in this matter as agent for the National Labor Relations Board,
and subject to Article III, Section 10, 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 teinporarily laid off-, and including employees in the
armed forces of the United States who present' themselves in person
at the polls; but excludiiig`any who have since quit or been dis-
charged for cause, to determine whether they desire to be represented
by United Steelworkers of America, affiliated with the Congress of
Industrial Organizations, or by International Association of fa-
chinists, affiliated with the American Federation of Labor, for the
purposes of collective bargaining, or by neither.