Columbian Rope Co.

National Labor Relations Board - Board Decisions

Jun 20, 1944

56 N.L.R.B. 1566 (N.L.R.B. 1944)

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In the Matter of, COLIIMBIAN ROPE COMPANY and UNITED FARM
EQUIPMENT AND ,METAL WORKERS OF AMERICA, C. I. O._
In the Matter of COLUMBIAN ROPE COMPANY and UNITED FARM
EQUIPMENT AND METAL WORKERS OF AMERICA, C. I. 0.
Cases Nos. 3-R-789 and 3-Il'-790 respectively. Decided June 20, 1944
Hiscock, Cowie, Bruce, Lee d Mawhinney, by' Messrs. H. Duane
Bruce and G. H. Cowie,'of Syracuse, N. Y., for the Company.
Mr. Neil Eastman,' of Auburn, N. Y. and Mr.-G. 0. McMah ill, of
Rock Island, Ill., for the Farm Equipment Workers.
Messrs.'Jack Rubenstein and Harry TValton, of New York City, for
the' Textile Workers.
Nathan Blittman by Mr. N. Downey, of, Syracuse, N. Y., for the
A.F.L. _
Mr. Max M. Goldman, of counsel to the, Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
Upon petitions duly filed by United Farm Equipment and Metal
Workers of America, C I. 0.,, herein called the Farm Equipment
Workers, alleging, that questions affecting commerce had arisen con-
cerning the representation of 'employees of Columbian Rope Com-
pany, Auburn, New York, herein called the Company, the National
Labor Relations Board' provided for an appropriate consolidated
hearing upon due notice before Milton A. Nixon, Trial Examiner.
Both the Textile Workers Union of America, C. I. 0.,, herein called
the Textile Workers, and the United Textile Workers of America,
A. F. L., herein called the A: F. L., were duly served with notice of the
hearing. , Said hearing was held at Auburn, New York, on May 9,
1944. At the hearing the Textile Workers moved to intervene. How-
ever, it failed to show that it-represenied any of the Company's em-
ployees,' and the Trial Examiner accordingly denied its motion. The _
1 The Textile Workers' ,claim of interest was based solely on "Jurisdictional grounds."
56 N. L. R. B., No. 282. -
1566
COLUMBIAN ROPE , COMPANY 1567
Company moved to dismiss the petition in Case No. 3-8.-789 on the
grounds that the Farm Equipment Workers had made an insufficient
showing of representation , and that it was not qualified by its charter
and bylaws to represent the Company's employees; and in Case No.
3-R-790, on the ground that a unit of guards is inappropriate. For
reasons hereinafter stated, the motions in both cases are hereby denied.
The Company and the Farm Equipment Workers appeared and par-
ticipated in the hearing and both were afforded full opportunity to be
heard, to examine and cross-examine witnesses , to introduce evidence
bearing on, the issues and to file briefs with the Board. The Trial
Examiner's rulings made at the hearing are' free from prejudicial
error and are hereby affirmed 2
Subsequent to the hearing the Textile Workers filed a motion with
the Board requesting the dismissal of the petitions on the ground
that a jurisdictional dispute exists between it and the Farm Equip-
ment Workers, and stated that, in the event its motion to dismiss is
denied and an election , is directed, -it would produce proof of its in-
terest in the form of application cards and desired to appear on the
ballot. Since the Textile Workers was afforded an opportunity and
failed to, produce at the hearing any showing of representation among
the Company's employees, we shall deny, its motion in all respects.'
Upon the entire record in the case, the Board makes the following :
FINDINGS of FACT
I. THE BUSINESS OF THE COMPANY
Columbian Rope Company, a New York corporation, is engaged
in the manufacture of rope and twine, i nd aluminum and 'plastic
products at Auburn, New York. During the, year 1943, the Com-
pany used raw materials valued in excess of $1,000,000; of which -more
than 95 percent was shipped to the Company from points outside
the State of New York. During the same period, the Company sold
finished products valued in excess of $1,000,000, of which more than
50 percent was shipped by it to points outside the State of New York.
The Company admits that it is engaged in commerce, within the
meaning of the National Labor Relations Act.
See Matter of Thomasville Chair Company, 37 N. L R. B . 1017; Matter of 'American
Woolen Company, 32 N. L . R. B. 1 and 8 , in connection with' our affirmance of the Trial
Examiner 's refusal to permit the Textile Workers to intervene.
Despite the fact that the A. F. L. was also unable to offer any showing of representation
among the Company's employees, and although it had, received advance notice of the
hearing, when it appeared before the Trial Examiner it sought to continue the hearing for
30 days . The Trial Examiner properly rejected its application . Thereafter the A. V. L.
withdrew from the hearing.
3 See cases cited in footnote 2, supra, and Matter of Interstate Drop Forge Company, 35
N. L. it. B. 1067.
1568 DECISIONS OF NATIONAL' LABOR RELATIONS BOARD
H. THE ORGANIZATION INVOLVED
United Farm Equipment and Metal Workers of America, affiliated
with the Congress of Industrial Organizations, is a labor organization
admitting to membership employees of the Company.'
Mr. THE QUESTIONS CONCERNING REPRESENTATION
The Company has refused to grant recognition to the Farm Equip-
ment, Workers as the exclusive bargaining representative of certain
of its employees until the Farm Equipment Workers has been certified.
by the Board.
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that the Farm Equipment Workers represents a sub-
stantial number of employees in the units hereinafter found
appropriate.6 - -
We find that questions affecting commerce have 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 UNITS
In Case No. 3-R-789, the Company and the Farm Equipment Work-
ers are agreed that all the production and maintenance employees at
each of the Company's five plants, including inspectors, but excluding
superintendents, supervisors, foremen, assistant foremen, timekeepers,
guards, salaried office and clerical employes (the office and plant
testers),, and experimental and laboratory employees, constitute an.
appropriate unit. They are in disagreement, however, concerning the
technicians, the Company, contending that they should be included
with the production and maintenance employees, and the Farm Equip-
ment Workers that they should be excluded as laboratory employees.
There'are about 20 technicians involved in• the disputed category.
These technicians are the more experienced employees and act as
trouble-shooters in the solution of some of the Company's production
problems. Although they spend the major part of their time assist-
ing in production operations in any one of the Company's 5 centrally
administered plants, and only a minor part of their time as appren-
tices to the laboratory engineers in the experimental department, they
4 In the present posture of the case, whether or not the Farm Equipment Workers is
qualified by its charter and bylaws to represent the Company's employees is not germane to
the issues See Matter of Grand Rapids Fibre Cord Compeny,i 56 N. L R. B, No. 103.;,
Matter of McLouth Steel Corporation, 30 N I, R B 1000
c The Field Examiner reported that the Farm Equipment Workers in Case No 3-R-789
submitted 524 undated membership cards, and that there are 1626 employees in the unit
petitioned for; and that in Case No 3-R-790 it submitted 19 membership cards, that there
are 33 employees in the unit petitioned for, and that the cards were dated as follows : 6 in
March 1944, 1 in April 1944, and 12 undated.
COLUMBIAN ROPE COMPANY ` 1569
report to, and receive their work assignments at, the experimental
department and are carried on its pay roll. We are of the opinion that'
the technicians have interests and functions which more closely iden-
tify them with the laboratory workers than with the production and
maintenance workers; accordingly, we shall exclude the technicians
from the unit. I
We find in Case No. 3-R-789, that all the production and mainte-
nance employees -at each of the Company's five plants, including
,inspectors, but excluding timekeepers;, guards; salaried office and
clerical employees (the office and plant testers), the technicians and
the experimental and laboratory employees, superintendents, super-
visors, foremen, assistant foremen, 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.
In Case No. 3--R-790, the Farm Equipment Workers seeks a unit of
plant guards, excluding chiefs and lieutenants 6 employed at the Com-
pany's five plants. The Company opposes this request, 'contending
that the guards are confidential employees and, hence, cannot form an
appropriate unit.
The Company employs 33 guards, including a chief guard and 5 head
guards, who patrol and protect both the inside and the outside of the
Company's 5 plants. The guards are militarized and armed, but only
those employed on outdoor duty are uniformed. Although the Com-
pany is engaged-in war work, and the guards are charged with the duty
of protecting secret equipment and products, their duties are not
directly. related to labor relations or to the functions of management.
Accordingly, we find that the guards pare not employed in a confidential
capacity.7 -
The Company's guard force is under the supervision of the chief
guard, who has the authority- to hire and discharge. There is a head
guard in charge of the guards at each of the Company's five plants.
The had guards recommend promotions sand demotions, and report
matters requiring disciplinary action, to the chief guard. We are of
the opinion that the chief guard and head guards fall within our
customary definition of supervisory employees; accordingly, we shall
exclude them from the unit.
We find in Case No. 3-R-790, that all guards at the Company's five
plants, excluding the chief guard and head guards, and all other super-
visory employees with authority to hire,'promote, discharge, discipline,
6It appears from the record that the Company does not maintain a classification of
employees known as lieutenants , but that it does maintain a classification of employees
known as head guards.
7 See Matter of Firestone Tire and Rubber Company of 'Calafornia, 50 N 'L R B 679.
1570 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
or otherwise effect changes in 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 questions concerning representation which
have arisen be resolved by elections by secret ballot among the em-
ployees in the appropriate units who were employed during the pay-
roll period immediately preceding the date of the Direction of Elections
herein, subject to the limitations and additions set forth in the Direc-
tion.
The Company requests that employees who are-serving in the armed
forces of the United States be permitted to"vote by mail. The Union
opposes this request., In accordance with our established policy, re-
cently affirmed after a full review of the reasons in support thereof 8 We
shall deny the Company's request and direct that only those employees
on,military leave who present themselves in person at the polls, shall
be permitted to vote. '
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 Relations 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 representa-
tives for the purposes of collective bargaining with Columbian Rope
Company, Auburn, New York, elections by" secret ballot shall be con-,
ducted 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 Third 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 employ-
ees in the units, found appropriate in Section IV, above, who were em-
ployed 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 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,
e See Matter of Mine Safety Appliance Company, 55 N. L. R. B 1190.
COLUMBIAN ROPE COMPANY 1571
determine whether or not they desire to be represented by United Farm,
Equipment and Metal Workers of America, affiliated with the Con-
gress of Industrial Organizations , for the purposes of collective bar-
gaining. - ,
MR. GERARD D. REILLY took no part in the consideration of the above
Decision and Direction of Elections.