Lima Locomotive Works, Inc.

National Labor Relations Board - Board Decisions

Jan 6, 1943

46 N.L.R.B. 813 (N.L.R.B. 1943)

In the, Matter of LIMA LocoMOTIvE W ORKS, INC . and INTERNATIONAL
UNION, UNITED AUTOMOBILE, AIRCRAFT & AGRICULTURAL IMPLEMENT
WORKERS OF AMERICA, (C. I. 0.)
Case No. R-4585.-Decided January 6, 1943
Jurisdiction : ordnance manufacturing industry.
Investigation and Certification of Representatives : existence of question: peti-
tioner's showing of membership held sufficient in view of existence of closed-
shop contract with rival union ; contract held no bar to, when petitioner gave
notice of claims prior to automatic renewal date of contract; election
necessary.
Unit Appropriate for- Collective Bargaining : all employees' of Company, with
specific exclusions; agreement as to.
Mr. Jo/tn R. Hill, for the Board.
Mr. C. H. Neville and Mr. C. H. Cory, of Lima, Ohio, for the
Company.
Mr. Edward Lamb and Mr. Howard Seren, of Toledo,, Ohio, for the
U. A. W.
Mr. Joseph A. Padway, by Mr. Robert A. Wilson, of Washington,
D. C., for the Metal Trades Department.
Miss Muriel J. Levor, of counsel to the Board.
DECISION
AND ,
DIRECTION OF' ELECTION
STATEMENT 'OF THE CASE
Upon petition duly filed by International Union, United Automo-
bile, Aircraft and Agricultural Implement Workers of America,
(C. I. 0.), herein called the U. A. W., alleging that a question affect-
ing commerce had arisen concerning the representation' of employees
of Lima Locomotive Works, Inc., Lima, Ohio, herein called the,Com-
pany, the National Labor Relations Board provided for an appro-
priate hearing upon due notice before Charles E. Persons, Trial
Examiner. Said hearing was held at Lima, Ohio, on November 23,
1942. The Company, the U. A. W., and the Metal Trades Depart-
ment of the American Federation of Labor and its constituent, unions
- 46 N. L. R. B., No. 90.
813
814 DECISIONS of NATIONAL LABOR RELATIONS BOARD
herein collectively called the Metal Trades Department, appeared,
participated, and 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.. The U. A. 'VV-.
and the Metal Trades Department filed briefs which the Board has
duly considered.
-Upon the entire record in the case; the Board makes the following:
FINDINGS OF FACT
J. THE BUSINESS OF THE COMPANY
Lima Locomotive Works, Inc., a Virginia, corporation, is engaged
at its plant at Lima, Ohio, in the. manufacture, of locomotives, tanks,
and ordnance supplies. The Company's sales amounted to approgi-
,inately $16,000,000 during the year ending December 31, 1941. More
than 50,percent of such sales we're made to purchaser's outside the "State
of Ohio. The purchases of the Company , during • the same,period
exceeded $8,000,000, and included the purchase of steel, coal, iron,
coke, and mill supplies. Approximately 50 percent of such purchases
originated.at points outside the State of Ohio.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
International Union, United 'Automobile, Aircraft and Agricul-
tural Implement Workers of America; (C. I. 0.), is a labor organiza-
tion affiliated with the Congress'of Industrial Organizations,, admit-
ting to membership, employees of the Company.
Metal Trades Department of the American Federation of Labor, is
an organization composed,-of various constituent unions of the Amer-
ican Federation of Labor, admitting to membership employees of the
-Company.
III. THE QUESTION CONCERNING REPRESENTATION ,
Folio-,vin(; a' consent election in 1937, the Company entered into a
series of contracts with the Metal Trades Department, and various
of its' affilia'ted'unions. In these agreements the contracting unions
were recognized' as, sole bargaining' representatives. On September
27; 1941, 'a supplemental contract was 'executed by "the Company and
the American Federation of Labor, its Metal Trades Department, and
all those of its unions that had signed any of ,the..previous agree-
LIMA :LOCOMOTIVE WORKS, INC. 815
ments.i This contract required membership iii the appropriate union
as -a condition of employment, provided for a check-off, and it further
provided that it ,was to remain in'effect until October 28, 1942, and
that, it would be renewed automatically for yearly periods in the'
absence- of thirty (30) days' notice of the desire to terminate prior;
to, any anniversary date.
bIn " or'tabout October 6, 1941, the ,U. A. W. notified the Company,
that it represented a majority of its employees and on November 7,
1941, the Company was notified by the Regional Director of the Board
that the U. A. W. had filed a petition. On June 15, 1942, this petition
was dismissed, and on June 17, 1942, the U. A. W. filed the present
petition. I i .
."The Metal Trades Department contends that. the contract is a bar
to the present proceedings. This contention is without merit. Since
the' U. A. W. gave notice of its representation claims prior to the'
automatic renewal of the contract, that contract does not constitute a
bar to an investigation of representatives. ,
A statement of the Field Examiner, introduced in evidence at the
hearing, indicates that the U. A."W: submitted 656-'signed membership
application cards, .564 elated June or July 1942, and the rest undated;
all of which appeared to bear genuine signatures and bore the names
,of persons on the Comlgany's pay roll of July 18, 1942, containing a
total of 3,112 names within the appropriate unit. . We find that the
U. A. W. has made,a sufficient showing of membership to warrant a
determination of'representatives in this case, in iiew of the fact that
the Company was a party to a closed-shop contract with a rival labor
organization.2
. 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
We find, in accordance with the agreement of the parties, that' all'
,employees of the Company ' at its Lima, Ohio, ' plant, excluding the
following': all superintendents and assistant superintendents; all gen-'
i The following affiliates of the A F of L signed the contract' International Brotherhood
of Blacksmiths , Drop Forgers and Helpers International Brotherhood of- Electrical Work-,
ers ; Federal Labor Union No. 20834;'Internationa1 Brotherhood of Painters, Paperhangers
and Decorators of America ; International Association of Machinists ; International Brother-
hood of,Tenmsters, Chauffeurs, Warehousemen and Helpers; International Brotherhood of
Firemen; Oilers, Water Tenders and Helpers International Molders and Foundry workers
Union of North America, Local Union No 272'; International Biotherhood of Boilermakers,]
Iron Shipbuilders and Helpers of America ; and the Pattern Makers League of North America-
z See Matter of Oregon Plywood Company and Plywood Box Shook and Door Council #9,
International IPoodwort er's of A inerica, affiliated with Congress of`_Iiidasti zal Or ganiaatioiis,
33 N 7. R B 12,14; matter of The American National Company and echa ilea Educational
Society of Ainerica , Local No. 3, 27 N.'L. B B. 22
816 DECISIONS, OF NATIONAL LABOR RELATIONS BOARD
e"ral; assistant, and working foremen, demonstrators and instructors,
and all other, persons working, in ' a supervisory capacity, including
those having'the right to hire or discharge; all employees employed in
the main office building including engineering and drafting-room
employees, excepting .service employees; all office employees employed
in the various departmental offices, including storeroom and shipping,,
offce,clerks,'shop clerks and timekeepers; employment clerks,, price'
setting clerks, tool draftsmen, clerks in the maintenance engineer's
office and tool supervisor's office, and employees in the blueprint room;
,all employees employed'at branch offices and traveling representatives
of the Company, including salesmen, service men, material tracers,
and locomotive messengers; chief engineer in power plant's, plant-
protection employees, hospital and first-aid employees,' garage at-
tendant, inspectors, chemists and laboratory employees and profes-
sional employees and pattern makers; 3 constitute -a unit appropriate-
for-the purposes of collective bargaining within the meaning of Sec-
tion 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-
ployees in the appropriate unit who were employed during the pay-
roll period immediately preceding the date of our 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' Relations
Act, and pursuant to Article III, Section 9, of National Labor Rela-
tions 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 Lima Locomo-
tive Works, Inc., Lima, Ohio, an'election 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 Eighth .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 unit found appropriate in Section IV above, who were employed
during the, pay-roll period immediately preceding the date of this.
8 This unit is substantially the same as that covered by the September 27, 1941 , contract.
Pattern makers had been included in prior contracts , but at present are covered by a sepa-
rate contract between the Company and Pattern Makers League of North America. The
parties agreed that pattern makers should be excluded from the appropriate unit.
1
LIMA LOCOMOTIVE WORKS, INC. , 817
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 any who have
since quit or been discharged for cause, to determine • whether they
desire to be represented by International Union, United Automobile,
Aircraft and Agricultural Implement Workers of America, (C. I. 0.),
or by-Metal Trades Department of the A. F. of L., for the purposes
of collective bargaining, or by neither.
Ma. GERARD D. REILLY took no part in the consideration of the above
Decision, and Direction of Election.
604086-48-vol. 46-52