Combustion Engineering Co., Inc.

National Labor Relations Board - Board Decisions

Apr 7, 1938

6 N.L.R.B. 488 (N.L.R.B. 1938)

In the Matter of COMBUSTION ENGINEERIN G COMPANY, INC. and STEEL
WORKERS ORGANIZING COMMITTEE, FOR AND IN BEHALF OF AMALGA-
MATED ASSOCIATION OF IRON, STEEL AND TIN WORKERS OF NORTH
AMERICA
Case No. R-242
SUPPLEMENTAL DECISION
AND
CERTIFICATION OF REPRESENTATIVES
April 7, 1938
On February 16, 1938, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Election 1 which
provided, inter alia, that three elections be held among the employees
of the Hedges-Walsh-Weidner division of Combustion Engineering
Company, Inc., except those employed in the foundry.
In its Decision, the Board made no final determination as to the
appropriate units for the purposes of collective bargaining, except
that the foundry employees constitute an appropriate unit for such
purposes. The International Association of Machinists, Lodge No.
56, herein called the I. A. M., contended that the following classified
employees, herein called the Machinists, constitute an appropriate
unit : All machinists, machinists' helpers and apprentices, header-mill
specialists, drill-press operators and helpers, milling-machine oper-
ators, drill-machine operators, bolt-machine operators, handy men,
engineers, crane operators employed in the machine shops, planer
operators, repairmen, maintenance men, and toolroom helpers, ex-
clusive of those employed in the foundry. International Brotherhood
of Boilermakers, Iron Shipbuilders & Helpers, Subordinate Lodge
No. 656, herein called the Brotherhood, contended that the following
classified employees, herein called the Boilermakers, constitute an ap-
propriate unit: All boilermakers and helpers, welders and welding-
machine operators, welders' helpers and 'apprentices, galvanizers,
form-press operators, form-machine operators, fit-up men (except
those working on cast iron boiler castings), layers-out and helpers,
chippers, grinders, burners, furnace operators, riveters and rivet-
machine operators, rivet heaters, reamers, rod-room men, testers, test-
1 5 N L R B 344 ; see also Amendment to Direction of Elections of Mai ch 7, 1938
(5 N L R B 356)
488
DECISIONS AND ORDERS 489
pit helpers, boilermakers' mechanics, tube men, inspectors and help-
ers, punch-shear operators, X-ray helpers, subforemen, flange work-
ers, and tapping-machine operators and helpers, exclusive of those
employed in the foundry. Steel Workers' Organizing Committee,
herein called the S. W. O. C., contended that all of the above-desig-
nated employees, together with other production and maintenance
employees, except supervisory employees, clerical employees, and
foundry employees constitute an appropriate unit. The Board stated
that since any of the contentions could be sustained it would direct
that separate elections be held among the Machinists, the Boiler-
makers, and all other production and maintenance employees, except
supervisory employees, clerical employees, and foundry employees,
and would decide the issue on the basis of the preferences indicated by
the employees in the election. It therefore directed that elections by
secret ballot be held (a) among the Machinists to determine whether
they desire to be represented by the I. A. M. or the S. W. O. C., for
the purposes of collective bargaining, or by neither; (b) among the
Boilermakers to determine whether they desire to be represented
by the Brotherhood or the S. W. O. C., for the purposes of collective
bargaining, or by neither; and (c) among all other production and
maintenance employees, -except supervisory employees, clerical em-
ployees, and foundry employees, to determine whether they desire to
be represented by the S. W. O. C., for the purposes of collective bar-
gaining. Upon the results of the elections would depend the deter-
mination of the appropriate unit or units. Such of the groups not
choosing the S. W. O. C. would constitute separate and distinct ap-
propriate units and such of the groups choosing the S. W. O. C. would
together constitute a single appropriate unit.
Pursuant to the Direction of Elections, secret ballots were con-
ducted on March 21, 1938. Full opportunity was accorded the parties
to the investigation to participate in the conduct of this secret ballot
and to make challenges. On March 24, 1938, the Regional Director
caused to be served on the parties to this proceeding his Intermediate
Report on the conduct of the ballots. No objections or exceptions
to the Intermediate Report were filed by any of the parties.
As to the balloting and its resuJ*s, the Regional Director reported
as follows :
Machinists
Total number eligible--------------------------------------- 149
Total ballots cast------------------------------------------ 130
Total number of ballots cast for I. A. M --------------------- 92
Total number of ballots cast for S. W. 0 C------------------ 31
Total number of ballots cast for neither--------------------- 0
Total number of challenged ballots-------------------------- 7
Total number of blank ballots -------------------------------- 0
Total number of void ballots-------------------------------- 0
490 NATIONAL LABOR RELATIONS BOARD
Boilermakers
Total number eligible________________________--------------------------------------- 510
Total ballots cast___________________________________________ 382
Total number of ballots cast for the Brotherhood ------------ 158
Total number of ballots cast for S. W. O. C__________________ 199
Total number of ballots cast for neither_____________________ 11,
Total number of challenged ballots__________________________ S
Total number of blank ballots_______________________________ 0
Total number of void ballots________________________________ 6
All other production and maintenance employees, except super-
visory employees, clerical employees, and foundry employees
Total number eligible_______________________________________ 203
Total ballots cast_____ ______________________________________ 113
Total number of ballots cast-for S W. 0 C------------------ 67
Total number of ballots cast against S . W. O. C______________ 36
Total number of challenged ballots__________________________ :)
Total number of blank ballots______________________________ 0
Total number of void ballots________________________________ 1
Upon the entire record in the case, the Board makes the following :
SUPPLEMENTAL FINDINGS OF FACT
We find that the following groups of employees of the Hedges-
Walsh-Weidner division of Combustion Engineering Company, Inc.,
constitute units appropriate for the purposes of collective bargain-
ing, and that such units insure to the employees of the Company
the full benefit of the right to self-organization and to collective
bargaining and otherwise effectuate the policies of the Act :
(a) All employees herein classified as Machinists;
(b) All employees herein classified as Boilermakers, together with
all other production and maintenance employees, except Machinists,
supervisory employees, clerical employees, and foundry employees.
Upon the basis of the above findings of fact, and upon the entire
record in the case, the Board makes the following :
SUPPLEMENTAL CONCLUSION OF LAW
The following employees of the Hedges-Walsh-Weidner division
of Combustion Engineering Company, Inc. constitute units appro-
priate for the purposes of collective bargaining, within the meaning
of Section 9 (b) of the National Labor Relations Act:
(a) All employees herein classified as Machinists;
(b) All employees herein classified as Boilermakers, together with
all other production and maintenance employees, except Machinists,
supervisory employees, clerical employees, and foundry employees-
DECISIONS AND ORDERS
CERTIFICATION OF REPRESENTATIVES
491
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, 49 Stat . 449, and pursuant to Article III, Section 8,
of National Labor Relations Board Rules and Regulations-Series 1,
as amended,
IT IS HEREBY CERTIFIED that International Association of Machin-
ists, Lodge No. 56 , has been designated and selected by a majority
.of the machinists , machinists ' helpers and apprentices , header-mill
specialists , drill-press operators and helpers , milling-machine oper-
ators, drill -machine operators , bolt-machine operators , handy men,
engineers , crane operators employed in the machine shops , planer
operators, repairmen, maintenance men, and toolroom helpers, ex-
clusive of those employed in the foundry, of Hedges-Walsh-Weidner
division of Combustion Engineering Company
,
Inc., as their repre-
sentative for the purposes of collective bargaining , and that pur-
suant to the provisions of Section 9 (a) of the Act, International
Association off Machinists, Lodge No. 56 , is the exclusive representa-
tive of all such employees for the purposes of collective bargaining
in respect to wages, rates of pay, hours of work, and other condi-
tions of employment; and
IT IS HEREBY CERTIFIED that Amalgamated Association of Iron,
Steel and Tin Workers of North America has been designated and
selected by a majority of the boilermakers and helpers , welders and
welding-machine operators , welders' helpers and apprentices, gal-
vanizers , form-press operators , form-machine operators , fit-up men
(except those working on cast iron boiler castings ), layers-out and
helpers, chippers , grinders , burners,-furnace operators, riveters and
rivet machine operators , rivet heaters, reamers, rod -room men, test-
ers, test-pit helpers, boilermakers ' mechanics, tube men, inspectors
and helpers, punch-shear operators, X-ray helpers, subforemen,
flange workers, tapping-machine operators and helpers , and all other
production and maintenance employees, exclusive of foundry em-
ployees, supervisory employees , clerical employees, and those em-
ployees covered by the Certification above, of the Hedges-Walsh-
Weidner division of the Combustion Engineering Company, Inc.,
as their representative for the purposes of collective bargaining, and
that, pursuant to the provisions of Section 9 (a) of the Act, Amal-
gamated Association of Iron , Steel and Tin Workers of North
America is the exclusive representative of all such employees for
the purposes of collective bargaining in respect to wages, rates of
pay, hours of work and other conditions of employment.