E. C. Atkins & Co.

National Labor Relations Board - Board Decisions

Mar 10, 1943

47 N.L.R.B. 1479 (N.L.R.B. 1943)

In the Matter of E. C. ATHINS & COMPANY and UNITED STEELWORKERS
of AMERICA, LOCAL 1543, AFFILIATED WITH THE C. I. O.
Case No. R-4800.-Decided March 10, 1943
Jurisdiction : saw, tool, and ordnance manufacturing industry.
Investigation and Certification of Representatives: existence of question : re-
fusal to recognize either industrial or craft union as bargaining representative
for group of new employees whom both unions contended belonged to their units
covered by existing contracts respectively, until such time as Board resolved the
dispute; election necessary.
Unit Appropriate for Collective Bargaining : election directed among break press
operators to determine whether they desired to be represented in craft unit of
sawsmiths or in industrial unit embracing all shop and yard employees of
company, when - circumstances , indicated that such operators could properly
function in either unit.
Mr: Benjamin C. Cook,'of Indianapolis, Ind., for the Board.
Barnes, Hickman, Pantzer & Boyd, by Mr. Kurt F. Pantzer, of
Indianapolis, Ind., for the Company.
Mr. Herbert E. Wilson, of Indianapolis, Ind., for the C: I. O.
Mr. Frank S. Pryor, of Frankfort, Ind., for the A. F. L.
Mr. Arthur Leff, of counsel to the Board.
DECISION
AND'
DIRECTION- OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by Local 1543 , United Steelworkers of
America, herein called the C. I. 0., alleging that a question affecting
commerce had arisen concerning the representation of employees of
E. C. Atkins & Company, Indianapolis, Indiana, herein ,called the
Company, the National Labor Relations Board provided for an appro-.
priate hearing upon due notice before Charles E. Persons, Trial Exam-
iner . Said hearing was held at Indianapolis , Indiana, on January 21,
22, 23, and 25 , 1943. The Company, the C. I. 0., and Sawsmiths Fed-, _
eral Labor Union , Local No. 18548, affiliated with the A. F. of L.,
herein called the A. F. L., appeared , participated , and were afforded
full opportunity , to be heard, to examine and cross -examine witnesses,
47 N. L. R. B, No. 191
1479
1480 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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. On February 4, 1943, the C. I. O. filed a brief which
has been considered by the Board.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
E. C. Atkins & Company, having its principal place of business at
Indianapolis, Indiana, is an,Indiana corporation engaged in the busi-
ness of manufacturing and selling saws, tools, and armor plate. The
principal raw materials used by the Company are steel castings and
lumber. During the year 1942 the Company purchased raw materials
having, a value in excess of $500,000, at least 80 percent of which was
shipped to its Indianapolis plants,from points outside the State of In-
diana. During the same period, the total'sales of finished products
manufactured by the Company were in excess of $1,000,000, of which
approximately 80 percent represented products shipped from its In-
dianapolis plants to points outside the State of Indiana.
We find that the Company is engaged in commerce within the mean-
ing of the National Labor Relations Act.
H. THE ORGANIZATIONS INVOLVED
Sawsmiths Federal Labor Union, Local No. 18548 is a labor organi-
zation affiliated with the -American Federation of Labor, admitting
to membership certain classes of employees of the Company.
United Steelworkers of America and its Local 1543 are labor or-
ganizations affiliated with the Congress of In Organizations,
admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The C. I. O. for a number of years has had collective bargaining
agreements with the Company covering "all persons employed in the
shop or yard 1 of the Company, except foremen, timekeepers; and
checkers, plant-protection employees,' sawsmiths, painters, carpenters,
and confidential salaried employees." The current contract is dated
April 5, 1942; and is for an indefinite term terminable by either party
upon 30 days' notice. No notice of termination has been given.
The A. F. LL., likewise, has had collective bargaining agreements
with the Company for a number of years, covering all sawsmiths (also
known as anvil men) employed by the Company in Indianapolis. The
l At the hearing the C. I. O. and the Company were in agreement that the term "shop
and yard" was intended to include all plants operated by the Company in Indianapolis
E. C ! ATKINS & COMPANY 1481
present contract was entered into July 1, 1940, for 1 year and has been
renewed thereafter annually under an automatic renewal clause.
Under it, "the employer agrees to employ only sawsmiths in good
standing with the Union, and the Union agrees to furnish the em-
ployers with a sufficient number of competent workers (if available)
whenever called upon to do so. This Union . . . reserves the right to
accept or reject any journeymen anvilman."
Prior to 1941 the Company was engaged principally in the produc-
tion of saws and saw tools. When in 1941, the Company began the
manufacture of armor plate, it assigned the operation of straightening
and conditioning the plates to a number of its sawsmiths who at first
performed this work by hand methods using hammer, anvil, roll, and
slab. As its volume of production grew and as it turned to the manu-
facture of heavier plate, the Company introduced machines known as
break presses which were used to perform the straightening and con-
ditioning processes. The operation of these machines was first dele-
gated to.employees'from the sawsmith group. The record indicates
that the C. I. 0. made claim at that time that the break press operation
was covered by its contract, but was assured by the Company that the
latter intended to use sawsmiths on these machines only temporarily
while it was getting started with its war production program.
With the further expansion of the Company's armor plate produc-
tion, it became evident that the available sawsmiths 2 could not handle
the break press operations while continuing the Company's produc-
tion of saws, and that additional men would have to be hired to op-
erate the break press machines. The A. F. L., taking the position that,
the break press operation fell .within the scope of its closed-shop con-
tract' and that only„sawsmiths could be employed to do this work, re-
sisted for a time the efforts of the Company to employ break press oper-
ators who were not members of the A. F. L. However, following a
series of conferences between the Company and the A. F. L. lasting
over a period of months and a trial period during which it was dem-
onstrated that the A. F. L. was unable to supply sufficient sawsmiths
to keep pace with the flow of production, an agreement was reached
on September 11,, 1942, between the Company and the A. F: L. in the
form of an addendum to the current closed-shop agreement between
the Company and the A. F. L. Under this addendum the A. F. L.
agreed "to the training and use of Break Press operators during the
present emergency period." It was provided that "said men will be
under the jurisdiction of the (A. F. L.) and said Union will issue
work permits to those so employed. The Union and the Company
will decide the rate of pay at a later date. The Company agrees not
0
2 There are only about 300 journeymen sawsmiths in the United'States , and the Company
employs 59 of them The sawsmiths enforce a 4-year apprenticeship and limit the number
of apprentices accepted.
1482 DECISION 'S OF NATIONAL LABOR RELATIONS BOARD
to use said break press operators on anvil, slab, rolls or as journeymen
sawsmiths." The addendum further provided that "when saw makers
are not working 48 hours per week in the saw and armor, plate pro-
duction such sawsmiths shall work on presses in place of permit men.
This in accordance with seniority . . . ."
Following the addendum of September 11, 1942, and up to the hear-
ing date, 21 break press operators were issued work permits by the
A. F: L. and were employed by the Company.
It appears that the C. I. 0. was not given notice of the negotiations
between the Company and the A. F. L. relating,to the break press op-
erators, and did not learn of the addendum until the break press opera-
tors, working under A. F. L. permits, actually commenced work at the
Company plants. The C. I. 0. then notified the Company that it con-
sidered itself the exclusive bargaining representative for break press
operators under the terms of its existing contract with the Company,
and instituted the instant proceeding for investigation- and.certifica-
tion of representatives.
In substance, it is the position of the C. I. 0. that those employees
who are engaged in the operation of the break press machines should
be included in a single appropriate unit with those employees of the
Company who, are now concededly covered by the C. I. 0. contract.
The A. F. L. opposes this position, claiming that the break press opera-
tors properly fall in a group with the sawsmiths and should be in-
cluded with them in a single appropriate unit, and that it validly
represents the break press operators by virtue of its 'contract with the
Company and the September 11, 1942, addendum thereto. The Com-
pany after it received notice from the C. I. 0. that the latter also
claimed the break press operators, in effect took the stand that it -%dould
refuse to recognize either the C. I. 0. or the A. F. L. as bargaining
representative for such employees until the dispute has been resolved
by the Board. It is clear that the present position of the Company,
coupled with the existing, conflict as 'to the appropriate bargaining
,unit, has given rise to a question concerning representation.
Neither of the Company's agreements now in force with the A. F. L.
and C. 1. 0., respectively, may be urged as a bar to a present determina-
tion of representatives. The break press operators are essentially a
new group of men called in by the introduction of new equipment and
new processes. They were first brought into the Company's plants
after the execution of the contracts. Although the September 11,
1942, addendum to the A. F. L. contract purported to recognize) the
A. F. L. as the exclusive bargaining, representative of the break press
operators, we are unable to. give effect to this addendum as it is - ap-
parent that A. F. L. at the time the addendum was signed' could not
have been the chosen representative of the break press operators who
E. C. ATKINS & COMPANY 1483
had not yet been hired nor granted work permits . The fact that the
company attempted at that time to accord the A . F. L. such exclusive
recognition , in the face of the conflicting claim of the C . I. 0., tended
to raise rather than resolve the question concerning representation.
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 APPROPRIATE UNIT; THE DETERMINATION OF REPRESENTATIVES
The C . I. 0., in support of its position that the break press oper-
ators should be included in a single unit with those employees of the
Company who are now concededly represented by it and covered by
the current C. I. 0. contract , claims that the work of the break press
operator is wholly unrelated to that of the sawsmith ; that it requires
neither the knowledge nor training of the sawsmith ; that, as opposed
to the special skill of sawsmiths acquired only after long years of
apprenticeship , it can be mastered within a few weeks ; and that it
requires no greater aptitude , training , knowledge , or skill than that
required of other machine operators employed by the Company and
admittedly represented by the C. I. 0.
The A. F. L., urging that the break press operators should be in-
cluded in a unit with the sawsmiths , claims that the work of the break
press operator , although performed by machine rather than by the
use of hand methods, is related to the work which traditionally has
been performed by the sawsmith and involves to some extent the appli-
cation of the sawsmith 's knowledge , training , and skill in the straight-
ening and conditioning of metals. °
The primary function of a sawsmith , as the name implies, is to
process and condition ' saws. It was conceded by all parties that the
sawsmith 's craft is exceptionally skilled, and requires long experience
including a 4-year apprenticeship . It is performed by hand methods
and involves an expert knowledge of the art of straightening metals,
correcting defects, and distributing tension in steel . It requires
almost absolute precision . Because of his knowledge and skill in the
conditioning of saws, the sawsmith is able readily to adapt himself
to the work involved in straightening armor plate, which is performed
principally by the use of the break press machine . It is possible to
straighten lighter armor plate by the use of hand methods, and it
appears that even when the machine is used occasions arise when
certain defects must be corrected by the sawsmith in this manner.
The break press operator, while also engaged in the straightening
of metals, does no work on saws but works solely on armor plate. His
work is performed on a heavier metal, and few of the intricate prob-
1484 DEICPSiIO!N S OF NA'T10NAL LABOR RELATIONS BO,A.RiD
lems of sawmaking are involved. The work does not require the same
piecision, and a far greater tolerance is allowable. As contrasted to
the sawsmith's hand methods, the work is entirely a machine opera-
tion. It appears that a break press operator without prior, experi-
ence in "the treatment of metals or the operation of a machine is able
to perfect his skill for practical production purposes within the space
of about 3 weeks. The skill required of him is no greater than that
required of other Company employees, such as, torch cutting machine
operators and punch press operators, who, it is conceded, fall within
the unit claimed by the C. I. O. Although the break press operators
employed by the Company were originally instructed by the saw,
smiths and have been accustomed whenever unusual problems have
arisen in their work to seek the assistance and advice of the sawsmiths,
it appears that the same instruction and advice is available from f ore-
men in the plants. The record discloses that similar machines are
now being operated in many other plants in this country where no
sawsmiths are employed.
In the light of all the facts and upon the entire record of this case,
we are of the opinion and find that the break press operators could
properly function in the unit which the C. I. O. claims to be appro-
priate or in a unit with the sawsmiths as claimed by the A. F. L., and
that the determination of this question should depend in part upon
the desires of the break press operators, to be expressed in the election
hereinafter directed.
Under the circumstances of this case we are of the opinion that
only those employees who were employed as break press operators by
the Company at Indianapolis during its last pay-roll period in Janu-
ary 1943 should be,eligible to vote.
We shall accordingly direct that the question of representation which
has arisen be resolved by an election among break press operators who
were employed by the Company at its Indianapolis, Indiana, plants
during its last pay-roll period in January 1943, subject to the limita-
tions 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 Relations 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 ascertain representa-
tives for the purpose of collective bargaining with E. C. Atkins &
Company, Indianapolis, Indiana, an election by secret ballot shall be
conducted as early as possible, but not later than thirty (30) days
E. C. ATKINS & COMPANY 1485
froin the date of this Direction, under the direction and supervision of
the Regional Director for the Eleventh Region, acting 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 em-
ployees classified as break press operators, employed by E. C. Atkins
& Company at Indianapolis, Indiana, who were employed during the
last pay-roll period in January 1943, including any such 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 any who have since quit or been discharged
for cause, to determine whether they desire to be represented by the
United Steelworkers of America, Local 1543, affiliated with the C. 1. 0.,
or by Sawsmiths Federal Labor Union, Local No. 18548, affiliated with
the A. F. of L., for the purposes of collective bargaining, or by neither.