The Columbus Bolt Works Co.

National Labor Relations Board - Board Decisions

Jun 17, 1944

56 N.L.R.B. 1517 (N.L.R.B. 1944)

In the Matter of, THE COLUMBUS BOLT WORKS COMPANY and
COLUMBUS DIE SINKERS LODGE #290 OF THE INTERNATIONAL DIE
SINKERS CONFERENCE
Case No. 9-R-1373.-Decided June 17, 1944
Messrs. John M. Rankin and Ray Speer,, of Columbus, Ohio, for the
Company.
Mr. J. G. Meiner, of Cleveland, Ohio, for the Die Sinkers.
Mr. Daniel E. Bevis, of Columbus, Ohio, for the Independent.
Mr. Seymour J. Spelman, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
,Upon a petition duly filed by Columbus Die Sinkers Lodge #290
of the International Die Sinkers Conference, herein called the Die
Sinkers, alleging that a question affecting commerce had arisen con-
cerning the representation of employees of The Columbus Bolt Works
Company, Columbus, Ohio, herein called the Company, the National
Labor Relations Board provided for an appropriate hearing upon due
notice before Allen Sinsheimer, Jr., Trial Examiner. Said hearing
was held at Columbus, Ohio; on April 14 and 15, 1944. The Company,
the Die Sinkers, and American Bolt Workers of Columbus, Independ-
ent Union, herein called the Independent, appeared -and participated.
All parties 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. All parties were
afforded an opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
The Columbus Bolt Works Company, an Ohio corporation having
its principal place',of business in Columbus, Ohio, is engaged in the
56 N. L. R B., No. 273.
587784-45-vol 56-97 1517
1518, DECISIONS OF NATIONAL LABOR RELATIONS BOARD
production , of bolts, nuts, rods, and drop forgings. During 1943-
the Company purchased raw materials valued in" excess of $1,750,000,
of which approximately 75 percent was shipped from, points outside
the State of Ohio. During'the same period, the Company produced
finished products valued in excess of $10,000,000, of which approxi.,
mately 75 percent was shipped to points outside the State of Ohio.
The Company concedes, and we find, that it is' engaged in commerce
within the meaning of the National Labor Relations Act.
IT. THE ORGANIZATIONS INVOLVED
Columbus'Die Sinkers Lodge #290 of the International Die Sinkers
Conference is an unaffiliated labor organization, admitting to member-
ship employees of the Company.
American Bolt Workers of Columbus, Independent Union, is an un-
affiliated labor organization,, admitting to membership employees of
the Company.
III. THE ALLEGED APPROPRIATE UNIT
The Die Sinkers is seeking to represent a unit-comprising all-em-
ployees of Department 15, who are working on dies or parts of dies
used in the manufacture and completion of forgings Y The Independ-
ent and the. Company contend that it would be inappropriate to estab-
lish a separate unit of die sinkers in view of the fact that, for the past 3
years, collective bargaining has been successfully conducted on the
,basis of a single,' plant-wide unit which included die sinkers.
Pursuant to a series of written collective bargaining agreements dat-
ing since August 1941, the Company has recognized' and dealt with the
'Independent as the exclusive bargaining representative of a plant
wide unit comprising all production and maintenance employees, in-
cluding the die sinkers.2 In November, 1942, in a consent election
conducted by this Board involving the Independent and another labor
organization, the Independent was selected by a majority of the em-
ployees in the aforesaid plant-wide' unit as their exclusive bargaining
representative. During this bargaining period of approximately 3
years, the, die sinkers have participated in all the benefits provided by
the contracts covering the, plant-wide unit. They have maintained
membership in the Independent, have been- elected to various offices
therein, and have served on grievance and bargaining committees.
' The employees in the proposed unit will be sometimes referred to hereinafter as die
sinkers. -
' The current contract , executed on May 1 5, 1943; and automatically renewed on March
31, 1944, for an additional 1-year period , constitutes no bar to the instant proceeding, since
the Die . Sinkers asserted its claim and filed the petition prior to the aforesaid automatic '
renewal.
THE COLUMBUS BOLT WORKS COMPANY ,,1519
.The independent has, prosecuted their grievances, two very recently,
and has secured for them general and special wage increases. Except
for a brief and, unsuccessful effort in 1941 (prior to the formation of
the Independent), the Die Sinkers has not attempted to organize the
employees in the proposed unit prior to the present proceeding. In
sum, the die sinkers have acquiesced and participated in 3 years of col-
lective bargaining conducted by the Independent on a plant-wide
basis.
On December 2 and 3, 1942, a committee composed of four ,die sink-
ers met with representatives of the Company to discuss special wage,
seniority, and related problems of die sinkers. The minutes of the two
meetings recite that the die sinkers' committee represented the Inde-
pendent, and the Company's personnel director testified that this fact
was understood by all who attended the meetings. Three of the four
die sinkers were members of the Independent at that time; two of
these were office holders in that organization. The minutes of the
meeting of December 2, which related to seniority and classifications of
die sinkers, were subsequently attached to and made a part of the In-
dependent's contract with the Company. Pursuant to an agreement
reached at the meeting December 3, the Independent petitioned the
National War Labor Board for a 6-percent wage increase for the die
sinkers. , On March 27, 1943, the National War Labor Board granted
the increase.
The Die Sinkers contends that this collective bargaining history
should not, foreclose the present establishment of a separate unit of die --
sinkers because (1) these employees constitute a highly skilled, clearly
identifiable and homogeneous group, and (2) they have been treated
as a special and separate group in collective bargaining. It is clear
that, if it were not for the history of collective bargaining herein, we
would find the proposed unit appropriate, for we have had frequent
occasion to examine the nature of the work performed by die sinkers
and have found it to constitute a highly skilled and clearly' identifiable
craft. However, we are of the opinion that this fact alone does not
justify the disturbance of the substantial history of plant-wide col-,
lective bargaining which appears to have achieved and maintained
harmony between the Company and its employees,) including the die
sinkers. We do not regard it as significant that `in certain phases of
collective bargaining the die sinkers were treated as a separate group,
-for it is clear that this bargaining was conducted by the Independent
within the'framework of a single plant-wide unit, established by con-
tract; that, for many purposes, the die sinkers were not singled out for,
special treatment; and that, for some, purposes, other groups within
the unit were also accorded special treatment. We therefore believe,
1520 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
and find, that the unit proposed by the Die Sinkers is inappropriate for
the purposes of collective bargaining.$
IV. THE ALLEGED QUESTION CONCERNING REPRESENTATION
Since, as we have held in Section III, above, the bargaining unit
sought to be established by the petition is inappropriate for the pur-
poses of collective bargaining, we find that no question has been raised
concerning the representation of employees in an appropriate bargain-
ing unit. Accordingly, we shall dismiss the petition.
ORDER
Upon the basis of the above findings of fact, the National Labor
Relations Board. hereby orders that the petition for investigation and
certification of representatives filed by Columbus Die Sinkers Lodge
x$290 of the International Die Sinkers Conference be, and it hereby
is, dismissed. -
See Matter of, Harnischfeger Corporation , 55 N.'L . R. B. 909; Matter of Howard B.
Jones Company, 55 N. L . R. B. 1176; cf . Matter of Goodyear Tere & Rubber Company, 55
N. L. R.B . 918. - -