The Duff-Norton Manufacturing Co.

National Labor Relations Board - Board Decisions

Jan 23, 1945

60 N.L.R.B. 186 (N.L.R.B. 1945)

In the Matter of THE DUFF-NORTON MANUFACTURING COMPANY and
UNITED STEELWORKERS OF AMERICA, C. I. O.
Case No. 6-R-1037.-Decided January 23,19-41b
Mr. Donald W. Ebbert, of Pittsburgh, Pa., for the Company.
Messrs. John C. Danko and William Morton, of Pittsburgh, Pa.,
for the C. I. O.
Messrs. J. G. Meiner and Walter Lynch, of Cleveland, Ohio, for the
International Die Sinkers' Conference.
Miss Virginia A. Miller, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
7
Upon an amended petition duly filed by the United Steelworkers
of America, affiliated with the Congress of Industrial Organizations,
herein called the C. I. 0., alleging that a question affecting commerce
had arisen concerning the representation of employees of The Duff-
Norton Manufacturing Company, herein called the Company, the
National Labor Relations Board provided for an appropriate hearing
-upon due notice before Jerome L. Black, Trial Examiner. Said hear-
ing was held at Pittsburgh, Pennsylvania, on November 28, 1944.
At the commencement of the hearing the Trial Examiner granted a
motion of Pittsburgh Die Sinkers Lodge 50, of the International Die
Sinkers' Conference, herein called the Die Sinkers, to intervene. The
Company, the C. I. 0., and the Die Sinkers 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. During the course of the hearing counsel for the Die Sinkers
moved to dismiss the petition. The Trial Examiner reserved ruling.
The motion is hereby denied. 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.
60 N. L R B, No. 37.
186
THE DUFF-NORTON MANUFACTURING COMPANY 187
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT -
1. THE BUSINESS OF THE COMPANY
The Duff-Norton Manufacturing Company is a, Pennsylvania cor-
poration with its principal place of business at Pittsburgh, Pennsyl-
vania, where it is engaged in the manufacture of drop forgings, lifting
jacks, and special devices. During the year preceding the date of the
hearing, the Company purchased materials valued in excess of $1,000,-
000, about 65 percent of which was shipped to it from points outside the
Commonwealth of Pennsylvania. During the same period, the Coin-
pany manufactured products at its Pittsburgh plant valued in excess
of $1,000,000, about 85 percent of which was shipped to points outside
the Commonwealth of Pennsylvania.
The Company concedes that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
United Steelworkers of America, affiliated with the Congress of
Industrial Organizations, is a labor organization, admitting to mem-
bership employees of the Company.
Pittsburgh Die Sinkers Lodge 50, of the International Die Sinkers'
Conference, is an unaffiliated labor organization, admitting to mem-
bership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
By letter dated September 20, 1943, the C. I. O. requested the Com-
pany to recognize it as the exclusive bargaining representative of
certain of the Company's employees. The Company has refused this
request until a representative has been certified by the Board in an
appropriate unit'
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that the C. I. O. represents a substantial number of
employees in the unit hereinafter found appropriate.2
' On November 20, 1943 , the Company and the Die Sinkers entered into an exclusive
bargaining contract The contract provides that it shall remain in effect until November
20, 1944, and from year to year thereafter unless either party thereto notifies the other
of a desire to terminate not less than 30 days prior to any annual expiration date.
Neither the Company nor the Die Sinkers urges this contract as a bar to the instant
proceeding.
' The Field Examiner report that the C. I. O. submitted 9 membership -application cards ;
that the names of all persons appearing on the cards were listed on the Company' s pay roll
of October 1, 1944, which contained the names of 11 employees in the appropriate unit ,
that 8 of the cards were dated in August 1944 and 1 card was not dated The Die Sinkers
relies upon its contract as evidence of its interest in the instant proceeding There are now
12 employees , an additional 1 having been employed since October 1, 1944, in the alleged
appropriate unit.
188 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 C. 1. 0. seeks a unit comprised of all employees working on dies
or parts of dies used in the manufacture and completion of forgings,
but excluding supervisory employees within the meaning of the
Board's customary definition. The C. I. O. which presently repre-
sents the production and maintenance employees of the Company,-,
further requests that, in the event it is selected as the representative
of the alleged appropriate unit, the unit be incorporated into the
production and maintenance unit. The Die Sinkers agrees as to
the appropriateness of the unit requested but opposes the proposed
consolidation of units. The Company takes no position with refer-
ence to the unit.
On April 12, 1943, the Board directed an election among company
employees working on dies or parts of dies 4 The Die Sinkers was
the petitioner, and the Board found that the unit was equally apppro-
priate either as a separate unit or as a part of the industrial unit then
in existence. The Die Sinkers won the election and was certified as
the bargaining agent of these employees in a separate unit. Subse-
quently, the Die Sinkers and the Company have conducted collective
bargaining relations under a contract expiring November 20, 1944,
covering these employees as a single unit.
In view of our prior unit finding, which to a large extent was deter-
mined by the desires of the employees themselves, and the history of
collective bargaining which was predicated upon it, we are of the
opinion that the unit requested should retain its separate identity e
We find all employees of the Company working on dies or parts
of dies, but excluding any 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 collective bargaining within
the meaning of Section 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-
3 Matter of Duff Norton Manufacturing Go, 53 N L. R. B 1064.
4 Matter of Duff-Norton Manufaetu?ing Co , 48 N L. R. B. 1148.
"Matter of Dain Manufacturing Company, 52 N. L. R. B. 1034. Matter of Allis-Chalmers
Mfg. Co., 47 N L. R. B. 85.
THE DUFF-NORTON MANUFACTURING COMPANY 189
roll period immediately preceding the date of the 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 3, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with The Duff-Norton
Manufacturing Company, Pittsburgh, Pennsylvania, an election 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 supervision 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, Sections 10 and 11, of said Rules and Regula-
tions, 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 Direction, including employees who did
not work during the 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,c but excluding those employees who have since quit or been dis-
charged for cause and have not been rehired or reinstated prior to the
date of the election, to determine whether they desire to be represented
by United Steelworkers of America, affiliated with the Congress of
Industrial Organizations, or by Pittsburgh Die Sinkers Lodge 50, of
the International Die Sinkers Conference, for the purposes of collec-
tive bargaining, or by neither.
The Die Sinkers requested that a former employee of the Company now serving with
the armed forces be mailed it ballot. The request is hereby denied in accordance with the
customary policy of the Board , that as indicated above, employees in the armed forces are
eligible only if they present themselves in person at the polls.