West Virginia Armature Co.

National Labor Relations Board - Board Decisions

Feb 12, 1946

65 N.L.R.B. 1015 (N.L.R.B. 1946)

In the Matter Of WEST VIRGINIA ARMATURE COMPANY and UNITED
CONSTRUCTION WORKERS, U. M. W. A.
Case No. 9-B-1904.-Decided February 12, 1946
Messrs. C. H. Brunner, R. A. Gonamo, and J. H. Bowen, all of Blue-
field, W. Va., for the Company.
Messrs. Luke Brett and W. C. Burrows, both of Beckley, W. Va.,
for the Union.
Mr. Frederick D. Vincent, Jr., of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by United Construction Workers,
U. M. W. A., herein called the Union, alleging that a question affecting
commerce had arisen concerning the representation of employees of
West Virginia Armature Company, Bluefield, West Virginia, herein
called the Company, the National Labor Relations Board provided for
an appropriate hearing upon due notice before Herbert J. Nester, Trial
Examiner. The hearing was held at Bluefield, West Virginia, on
October 16, 1945. The Company and the Union appeared and par-
ticipated: 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 opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
West Virginia Armature Company is a West Virginia corporation
with its office and plant located in Bluefield, West Virginia. The
Company is engaged in the business of making electrical and me-
'Local No. 632 of the United Electrical, Radio and Machine Workers of America, C I. O ,
hereinafter referred to as the U . E., was served with Notice of Hearing, but failed to appear.
65 N. L. R. B., No. 180.
1015
1016 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
chanical repairs on coal mining equipment, and in the manufacture of
repair parts for such equipment. Raw materials purchased and used
by the Company during the first 6 months of 1945 were valued in
excess of $50,000, of which more than 90 percent was received from
points outside the State of West Virginia. For the same period
services rendered, and products sold by the Company, were valued in
excess of $100,000. Ten percent of the products sold was shipped
to points outside the State of West Virginia.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
H. THE ORGANIZATION INVOLVED
United Construction Workers is a labor organization affiliated with
the United Mine Workers of America, admitting to membership
employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
Following the Board's certification of the U. E. in May, 1943,2 the
Company and the U. E. entered into a 1-year collective bargaining con-
tract, effective June 1, 1944, and containing a 30-day automatic renewal
clause. This contract was terminated as of June 1, 1945, pursuant
to timely notice given'by the U. E. Ensuing negotiations between
the Company and the U. E. for a new contract were unsuccessful, but
an agreement was reached by the parties, dated June 1, 1945, con-
tinuing in operation the terms and conditions of the expired contract,
"until such time as a new agreement has been negotiated and signed."
No new agreement, however, has been negotiated and signed. It is
clear from the foregoing facts that there is no contract in existence
which can operate as a bar, for the June 1, 1945, agreement is of
indefinite duration 3
On July 30, 1945, a membership meeting of the U. E. was held at
which it was voted to sever all ties with the International and affiliate
with the Union. Later the local charter was returned to the Inter-
national. It appears that the Company refuses to accord recognition
to the Union as the bargaining agent of its employees in the unit herein
sought by the Union.
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that the Union represents a substantial number of
employees in the unit hereinafter found appropriate.-'
2 See Matter of West Virginia Armature Company, Incorporated, 48 N. L. R B. 1248
( Decision and Direction of Election).
3 Matter of General Electric Company, 48 N. L. R. B 1044 ; Matter of Ball Brothers
Company, 54 N L. R. B. 1512.
4 The Field Examiner reported that the Union submitted 56 authorization cards. There
are approximately 80 employees in the alleged appropriate unit.
WEST VIRGINIA ARMATURE COMPANY 1017
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 Union urges that a unit of all employees of the Company,
including watchmen, stockroom attendants, and truck drivers, but
excluding executive, supervisory and technical personnel, office cleri-
cal personnel, and timekeepers, is appropriate. The Company disa-
grees only insofar as it desires to -exclude watchmen, stockroom
attendants, and truck drivers.
Watchmen: These employees were specifically excluded from the
unit the Board found appropriate in the prior proceeding,5 and from
the unit covered by the 1944 contract between the Company and the
U. E. We shall therefore exclude them.s
Stockroonli attendants: In the unit previously established by the
Board, these employees were not specifically mentioned. And it
appears from the record that some question existed between the
Company and the U. E. concerning their inclusion within the terms
of the 1944 contract. Stockroom attendants issue material from,
and keep the necessary inventory records in the stockroom. They also
prepare orders for shipment and shipping documents, and check the
material shipped against these records. In addition, they are respon-
sible for checking incoming material, and incoming shipping docu-
ments and invoices. We shall include them.?
Truck drivers: These employees were not specifically adverted to
in the Board's previous unit determination, nor is there any clear
indication that they were covered by the 1944 agreement between
the Company and the U. E. They are employed by the Company to
pick up and deliver orders, and to solicit what business they are able.
Their work, aside from loading and unloading, requires them to be
away from the plant. Inasmuch as there is dispute concerning their
inclusion and their interests and working conditions are different
from those of other employees embraced within the unit hereinafter
found appropriate, we shall exclude them.8
We find that all employees of the Company, including stockroom
attendants, but excluding technical employees, watchmen, truck
drivers, timekeepers, office clerical personnel, executive personnel, and
all supervisory employees with authority to hire, promote, discharge,
discipline, or otherwise effect changes in the status of employees, or
See footnote 2, supra.
6 See Matter of Peterson & Lytle, 60 N. L R. B 1070; Matter of Conant Ball Company,
57 N. L. R. B. 1262.
7 See Matter of The Terrel Machine Company , 60 N. L. It. B. 993.
See Matter of Blue Ribbon Laundry, 64 N. L. It. B. 645
1018 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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
employees in the appropriate unit who were employed during the pay-
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 Rela-
tions Act, and pursuant to Article III, Section 9, of National Labor
Relations 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 West Virginia
Armature Company at Bluefield, West Virginia, 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 Ninth Region, acting in
this matter as agent for the National Labor Relations Board, and sub-
ject to Article III, Sections 10 and 11, 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 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, 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 or not they desire to be
represented by United Construction Workers, U. M. W. A., for the
purposes of collective bargaining. -