J. A. Zurn Manufacturing Co.

National Labor Relations Board - Board Decisions

Mar 16, 1943

48 N.L.R.B. 100 (N.L.R.B. 1943)

In the Matter of J. A. ZURN. MANUFACTURING CO., WEST 16TH STREET
DIVISION , ERIE, PENNSYLVANIA and INTERNATIONAL AssoolATION OF
MACHINISTS , DISTRICT LODGE 116
-In the Matter of J. A. ZURN MANUFACTURING CO., WEST 16TH STREET
DIVISION , ERIE, PENNSYLVANIA and BUILDING SERVICE EMPLOYEES
UNION, LOCAL 233
Cases Nos. R-4837 and R-4838 respectively.Decided March 16,1943
.Jurisdiction : ordnance'manufacturing industry.
Investigation and Certification of Representatives : existence of question: con-
flicting claims of rival representatives ; contract subject to termination upon
30 days' notice and executed at a time when virtually no employees were.
employed, found no bar ; immediate election, directed notwithstanding con-
templated expansion of operations; elections necessary.
.Units Appropriate for Collective Bargaining : (1) production and maintenance
employees at one of company's plants ; (2) plant-protection employees at
one of company's plants ; two-plant unit proposed by one of the labor or-
ganizations involved, rejected.
312-.1. J. Silin, of Erie, Pa., for the Company.
Mr. John V. Pessamato, of Pittsburgh, Pa., and Mr. James Addessi,
.of Erie, Pa., for the Machinists.
Mr. Norman D. Dunlavey, of Erie, Pa., for the Building Service
employees.
Mr. John W. Grajciar, of Sharon, Pa., for the Steelworkers.
Miss Muriel J. Levor, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
Upon petitions duly filed by International Association of Ma-
-chinists, District Lodge 116, herein called the Machinists, and
Building Service Employees Union, Local 233, herein called the
Building Service Employees, alleging that a question affecting com-
merce had arisen concerning the representation of employees of
.J. A. Zurn Manufacturing Co., West 16th Street Division, Erie,
48 N. L. R. B., No. 20.
100
J. A. ZURN MANUFACTURING CO. 101
Pennsylvania, herein called the Company, the National Labor Rela-
tions Board provided for an appropriate consolidated hearing upon
due notice before Henry Shore, Trial Examiner. Said hearing was
held at Erie, Pennsylvania, on February 4, 1943. The -Company,
the Machinists, the Building Service Employees, and United Steel-
workers of .Arriesica; ;herein called the,,Steelorkers, appeared, , par-
ticipated, and were afforded full opportunity to be heard, to examine
aiid 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. The Machinists
and the Steelworkers filed briefs which the Board has considered.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
J. A. Zurn Manufacturing Co., a Pennsylvania, corporation, owns
and operates a plant located at Erie, Pennsylvania, called the Pitts-
burgh Avenue Plant herein, where it has engaged in the manufacture
and sale of'drainage fittings, valves and similar products, and fittings
for ships.' The Company also operates another plant at Erie, Penn-
sylvania, called the 16th Street Plant herein, which it acquired early
in 1942. The Company owns the building ,in which the 16th Street
Plant is situated; but much of the machinery therein is owned by the
United States Government. It is with the 16th Street Plant that
this proceeding is-concerned. Most of the operations at the 16th Street
Plant consist of ordnance work for the United States Army. The
estimated value of the ordnance products which will be manufactured
by the Company at the 16th, Street Plant during the first half of 1943
is- in excess= of `$500,000' ' and all these ordnance products will be sold
to the United States Army.
II. THE ORGANIZATIONS INVOLVED
International Association of Machinists, District Lodge 116, is
a labor organization affiliated with the American Federation of Labor,
admitting to membership employees of the Company.
Building Service Employees Union, Local 233, is a labor organiza-
tion affiliated with the American Federation' of Labor, admitting to
membership employees of the Company.
1 American Flexible Coupling Company , herein called the Flexible Division , is engaged
in the Company 's Pittsburgh Avenue Plant in the manufacture and sale of flexible couplings.
While the Flexible Division is a separate corporate entity , it is owned by the Company's
stockholders and since the fall of 1942 has been operated as a division of the Company.
Unless otherwise indicated , reference hereinafter to the Company or to the Pittsburgh
Avenue Plant includes the Flexible Division.
102 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
United Steelworkers of America is a labor organization afliliated
with the Congress of Industrial Organizations, admitting to member-
ship employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The parties stipulated at the hearing that the Machinists and the
Building Service Employees requested the Company to bargain
collectively.
The Steelworkers contends that a contract in which it is recognized
as sole bargaining agent for "all employees of the Company," with
certain specified exceptions, precludes an investigation of representa-
tives. This contract, which provides for opening on 10 days' notice
and termination within 20 days if changes are not agreed on, for a
check-off of union dues, and for a union shop, was executed on Sep-
tember 18, 1942. At that time ordnance production, had not yet com-
menced at the 16th Street Plant; only about nine employees were
then engaged at that plant on transferred marine work from' the
Pittsburgh Avenue Plant. It appears that,-by agreement of the par-
ties to the contract, the term "all employees of the Company" was,
meant to include the future employees of the 16th Street Plant.
Since- the Steelworkers' contract is subject to termination upon 30
days' notice, and since virtually no employees were employed at the
16th Street Plant when the contract purportedly covering them was
entered, into,2 we find that it is not a bar to an investigation of
representatives.
Statements of the Regional Director introduced 'in evidence at the
hearing indicate that the Machinists and the Building Service Em-
ployees each represents a substantial number of employees in the units
hereinafter found appropriate.3
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 UNITS
The Machinists contends that a unit composed of all production and
maintenance employees of the f6th Street Plant, excluding office,
'See Chase Brass & Copper Co , Inc and International Union, Mine , Mill & Smelter
workers, for itself and on behalf of its Local 633,1 affiliated with the C. 1. 0, 47 N. L. It. B ,
No. 32.
3 The Regional Director reported that the 'Machinists submitted 75 designations dated
October 1942 to January 1943, of which 54, all hearing apparently genuine original signa-
tures, correspond with names on the Company's pay roll of January 1, 1943, containing
the names of 75 persons within the appropriate unit claimed by the Machinists. The
Regional Director also reported that the Building Seriice Employees submitted 7 desig-
nations of which 6, all hearing apparently genuine original signatures, coriespond with
names on the Company ' s pay roll of January 1, 1943 , containing the names of 7 persons
within the appropriate unit urged by that organization The Steelworkers did not submit
any evidence of representation , but relied on its contract.
J. A. ZURIN MANUFACTURING CO. 103
clerical, supervisory, and plant-protection employees, is appropriate;
the Building Service Employees contends that a unit composed of the
plant protection employees at the 16th Street Plant is appropriate.
The Steelworkers urges that. the appropriate unit should consist of
employees at both plants of the Company, excluding supervisory, and
clerical employees and pattern makers. The Company takes no posi-
tion on the unit.
The Company had for some time operated the Pittsburgh, Avenue
Plant as its only plant, where it was engaged' in the manufacture of
ship piping and plumbing, and other marine work. In the spring of
1942, the Company, then negotiating a contract for the manufacture of
ordnance for the United States Army, purchased a building 3 miles
away and remodeled it for the manufacture of ordnance work. This
is the building which came to be known as the 16th Street Plant. In-
stallation work began and because of the expansion of its marine work,
the Company transferred a few of its employees doing marine work to
the 16th Street Plant. Installation of machinery for the ordnance
work continued through 1942, the machinery being owned by the
United States Army.
The ordnance work consists of metal turning to fine tolerances,
similar to the manufacturing processes of the Flexible Division, but
unlike any of'the work,of the other divisions of the Company at the
Pittsburgh Avenue Plant, most of which is foundry and assembly
work. There is a general manager for all the operations of the Com--
pany with separate superintendents under him for the Pittsburgh
Avenue Plant and the 16th Street Plant. Although'there is a common
labor relations policy for the two plants and a common insurance sys-
tem, by reason of the requirements of the United States Army, the pay
roll and accounting is broken down separately for the ordnance work
and there is a separate employment office for the 16th Street Plant.
'There have been no transfers back and forth between the ordnance
employees and the employees of the Pittsburgh Avenue Plant.
There are approximately nine employees at the 16th Street Plant
performing marine work. These employees and the work were trans-
ferred in May 1942 from the Pittsburgh Avenue Plant because of in-
sufficient space. The record shows that there are frequent transfers
between employees of the Pittsburgh Avenue Plant and the employees
at the 16th Street Plant performing marine work. The employees
assigned to marine work at the new plant were members of the Steel-
workers when the last contract was executed, and the check-off provi-
sions have been applied to them. Their status is substantially the same
as if they were employed on the premises of the Pittsburgh Avenue
Plant. Since they have been covered by the Steelworkers' contract
and more particularly because they are engaged in work which at'the
present time is functionally a part of that performed at the Pittsburgh
104 DECISIONS OF NATh0NAL, LABOR RELATIONS BOARD
Avenue Plant, we shall exclude the marine work employees at the 16th
Street Plant from the unit.4
In view of the fact that employees engaged in ordnance work at the
16th Street Plant form a homogeneous group and can function ef-
fectively as a separate unit for the purposes of collective bargaining,,
we conclude that a unit composed of ordnance employees of the' 16th
Street Plant is appropriate. We therefore find that all production and
maintenance employees of the Company engaged in, ordnance work at
the 16th Street Plant; Erie, Pennsylvania, excluding office, clerical,
supervisory, and plant-protection employees, and marine work em-
ployees, constitute a unit appropriate for the purposes of collective'
bargaining within the meaning of Section 9 (b) of the Act.
As stated above, the Building Service Employees seeks ii unit of
plant-protection employees at the 16th Street Plant. It is our usual
policy to establish separate units for such employees where, as here"
they perform the customary duties of specialized plant-protection em-
ployees and have been sworn in as auxiliaries of the military police.
The parties agreed that should these employees be found ,to constitute
an appropriate unit, the chief of guards should be excluded. Accord- ,
ingly, we find that all plant-protection employees at the Company's
16th Street Plant, excluding the chief of guards,- constitute a unit
appropriate for the purposes of collective bargaining within the mean-
ing of Section 9 (b) of the Act. -
V. THE DETERMINATION OF REPRESENTATIVES
The record indicates that when production began the Company-
expected to employ about 450 employees on ordnance work at the 16th
Street Plant. At the time of the hearing, however, the ordnance work
occupied 50 percent of the floor space, and only about 111 employees on
one shift were employed., The Company anticipates securing-further
ordnance work in the future to utilize the full plant facilities; however,
if the ordnance work is not expanded, it expects to use the unused space,
for marine work. In view of the possibility that ordnance 'work will
increase considerably at the 16th Street Plant, we shall not, in the
event a collective bargaining representative is certified as a result of
this proceeding, adhere to our usual rule of refusing to entertain a
petition for the investigation and certification of representatives within
1 year after we have issued a certification. We shall, instead, entertain
4 The record indicates that marine work at the 16th Street Plant may expand consid-
erably in the future, in the event a contemplated expansion of ordnance work does not
materialize and'if the Company obtains additional marine work to utilize the space which
will thus be available. In view of the possible establishment of a maiine department at
the 16th Street Plant and a substantial increase in the number of employees assigned to
marine work, our exclusion of such employees at this time will not preclude a later determi-
nation as to whether they are properly part of the unit covered by the Steelworkers' con-
tract, constitute a separate unit, or should be merged with the unit of ordnance employees.
I
J. A. ZURN MANUFACTURING Co. 105,
a new petition for an investigation and certification of representa-
tives at any time following issuance of any certification in this pro-
ceeding, provided we are satisfied , under all the 'circumstances then
shown ( including proof that there has been a substantial increase in-
the number of employees engaged in ordnance work and that the peti-
tioner represents a substantial number of employees ), that a question,
concerning representation affecting commerce has arisen.
We shall direct that - the question concerning representation which
has arisen be resolved by elections by secret ballot among the employees
in the appropriate units who were employed during the pay-roll period
immediately preceding the date of our Direction of Elections ,' subject
to the limitations and additions set forth therein.
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 2, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa--
tives for the purposes of collective bargaining with J. A. Zurn Manu-
facturing Co., Erie, Pennsylvania, separate elections 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 super-
vision of the Regional Director for the Sixth 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
employees in the units 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 tem-
porarily laid off , and including employees in the armed forces of the
United_ States who present themselves in person at the polls , but exclud-
ing those employees who have since quit or been discharged for cause,
to determine ( 1) whether the,employees in the production and main-
tenance unit desire to be represented by International Association of
Machinists , District Lodge 116 , affiliated with the American Federa-
tion of Labor, or by United Steelworkers of America, affiliated with
the Congress of Industrial Organizations , for 'the purposes of collec-
tive bargaining , or by neither ; and (2 ) whether those in the plant-
protection unit desire to be represented by Building Service Employees
Union, Local 233, affiliated with the American Federation of Labor, or
by United Steelworkers of America, affiliated with the Congress of
Industrial Organizations , for the purposes of collective bargaining, or
by neither.