Walworth Co., Inc.

National Labor Relations Board - Board Decisions

Feb 13, 1943

47 N.L.R.B. 512 (N.L.R.B. 1943)

In the Matter Of WALWORTH COMPANY, INC. avd PRIVATE. PROPERTY
PROTECTORS LOCAL 23309, AFL
Case No. R-41827.-Decided February 13,194110?
Jurisdiction : valves and fittings manufacturing industry.
Investigation and Certification of Representatives : existence of question : re-
fusal'to accord petitioner recognition ; election necessary.
Unit Appropriate for Collective Bargaining : plant-protection employees at one
of, Company's plants, excluding chiefs,-lieutenants, and captains; agreement
as to
Mr. A. C. Wadsworth, of Washington Park, Ill., for the Company.
Mr. Fred Olds, of East St. Louis, Ill., for the Union.
Miss Viola James, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition,duly filed by Private Property Protectors Local 23309,
<:,ffiliated with the' American Federation of Labor, herein called the
Union, alleging that a question affecting commerce had arisen con-
cerning the employees of Walworth Company, Inc., Washington Park,
Illinois, herein called the Company, the National Labor Relations
Board provided for an appropriate hearing upon due notice before'
Laurence H. Whitlow, Trial Examiner. Said hearing was held at St.
Louis, Missouri, on February 1, 1943. The Company and the Union
appeared, participated, and were afforded full opportunity to be
beard, to examine and cross-examine witnesses, and to introduce evi-
dence bearing on the issues. The Trial Examiner's rulings made at
the hearing are free from prejudicial error and are hereby affirmed.
Upon the entire record in the case, the Board snakes the following :
FINDINGS OF FACT
1. THE BUSINESS OF TILE COMPANY
Walworth Company, Inc., operates plants in Massachusetts, Penn-
sylvania, Illinois, and Alabama. This,proceeding,involves employees
47N.L R B, No. 72. -
512
WALWORTH COMPANY, INC. 513
at the plant. n Washington Park, Illinois, where the Company is en-
gaged in the manufacture of cast steel valves and fittings. The Com-
pany purchases monthly for use at its Washington Park plant raw,
materials valued in excess of $30,000, over 50 percent of which is
shipped to it from points outside Illinois. Over 50 percent of all
products manufactured at the Washington Park plant are shipped
to points outside Illinois. The Company admits it is engaged in com-
merce within the meaning of the National Labor Relations Act.
H. THE ORGANIZATION INVOLVED
Private Property' Protectors Local 23309, affiliated with the Amer-
ican Federation of Labor, is a labor organization admitting to member-
ship employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On/January 5, 1943, the Union notified the Company that it repre-
sented a majority of the employees involved herein, and requested-a
meeting to discuss the matter of recognition as the bargaining agent.
The Company, by letter dated January 9, 1943, questioned the claim
of the Union and declined to participate in the suggested meeting.
A report of the Regional Director, introduced into evidence at the
hearing, indicates that-the Union represents a substantial number of
employees in the unit hereinafter found to be appropriate.,
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
We find, in accordance with the agreement of the parties, that all
plant-protection employees of the Washington Park plant, excluding
chiefs, lieutenants, and captains, 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
e
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 the Direction of Elec-
i The Regional Director reported that the Union submitted 11 designations, dated in
November and December 1942; that all the designations bore apparently genuine original
signatures, and 10 bore the names of persons listed on the Company's pay roll of January
21, 1943, which pay roll contains the names of 12 persons in the appropriate unit.
513024-43-vol. 47-33
514 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
tion herein , subject ' to the limitations and additions , set, forth in the
Direction. I
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 Walworth Com-
pany, Inc., Washington Park,' Illinois, 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 super-
vision of the Regional Director for the Fourteenth Region, actin-
-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 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 or not they desire to be represented
by Private Property Protectors -Local 23309, affiliated with the Amer-
ican Federation of Labor, for the purposes of collective bargaining.
A