Davenport Besler Corp.

National Labor Relations Board - Board Decisions

Dec 14, 1945

64 N.L.R.B. 1395 (N.L.R.B. 1945)

In the Matter of DAVENPORT BESLER CORPORATION and INTERNATIONAL
BROTHERHOOD OF BOILERMAKERS, IRON SHIP BUILDERS' AND HELPERS
OF AMERICA, A. F. OF L.
Case No. 18-R-1355.-Decided December 14, 1945
Mr. Ben T. Reddy, of Davenport, Iowa, for the Company.
Mr. Thos. M. Conway, of St. Louis, Mo., for the Boilermakers.
Mr. Gerald Wols f elt, of North Aurora, Ill., for the Blacksmiths.
Mr. James Ashe, of Moline, Ill., for the I. A. M.
Mr. Philip Licari, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon an amended petition duly filed by International Brotherhood
of Boilermakers, Iron Ship Builders, and Helpers of America, A. F.
of L., herein called the Boilermakers, alleging that a question affecting
commerce had arisen concerning the representation of employees of
Davenport Besler Corporation, Davenport, Iowa, herein called the
Company, the National Labor Relations Board provided for an ap-
propriate hearing upon due notice before Clarence A. Meter, Trial
Examiner. The hearing was held at Davenport, Iowa, on August 8,
1945. The Company, the Boilermakers, International Brotherhood
of Blacksmitls, Drop Forgers and Helpers, A. F. of L., herein called
the Blacksmiths, and International Association of Machinists, A. F.
of L., herein called the I. A. M., 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 prejudiciiil 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
Davenport, Besler Corporation, a Delaware corporation , is engaged
at Davenport, Iowa, in the manufacture, sale, and distribution of
64 N L R B, No. 230 1395
1396 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
locomotives, snow plows, forgings, and castings. In the year 1944, the
Company purchased raw materials valued in excess of $850,000, of
which approximately 80 percent was shipped from points outside the
State of Iowa. During the same period, the Company produced
finished goods valued at approximately $1,300,000, of which in excess of
70 percent was shipped to points outside the State of Iowa.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
IT. TI-iE ORGANIZATIONS INVOLVED
International Brotherhood of Boilermakers, Iron Ship Builders,
and Helpers of America, is a labor organization affiliated with the
American Federation of Labor, admitting to membership employees
of the Company.
International Brotherhood of Blacksmiths, Drop Forgers and
Helpers, is a labor organization affiliated with the American Federa-
tion of Labor, admitting to membership employees of the Company.
International Association of Machinists is a labor organization
affiliated with the American Federation of Labor, admitting to
membership employees of the Company.
111. THE QUESTION CONCERNING REPRESENTATION
Oil March 26, 1942, after elections directed by the Board,' the Black-
smiths was certified as the exclusive representative of the Company's
employees in its forge shop and boilershop, including heat treaters;
and International Molders and Foundry Workers Union of North
America, A. F. L., herein called the Molders, was certified as the sole
bargaining agent of the Company's molders, coremakers, foundry
labor, shake-out and mill room employees, and pattern clerks.
On October 18, 1943, after a consent election conducted under the
auspices of the Board,2 the I. A. M. was designated as the exclusive
bargaining representative of employees in a residual unit composed
of those production and maintenance workers, who were not represent-
ed by either the Blacksmiths or the Molders.
On August 1, 1944, the Company entered into a joint contract with
the Blacksmiths, the Molders, and the I. A. M., which provided in
part as follows :
This agreement shall be effective for the period of one year
and shall be automatically renewed on the expiration date for
another period of one year . . . unless terminated by written
1 Matter of Davenport Besler Corporation, 39 N. L. R. B. 1174.
z Case No. 18-R-825
DAVENPORT BESLER CORPORATION 1397
notice from either party to the others at least 60 days before the
expiration date in any yearly period . . .
On March 8, 1945, the Boilermakers notified the Company that
it represented a majority of the Company's boilermakers, and wished
to be recognized as their exclusive bargaining agent. The Company
replied that, since it was operating under a current collective bar-
gaining agreement with the Blacksmiths, it could not recognize the
Boilermakers.
It is urged by the Company that its 1944 contract with the
Blacksmiths bars the instant proceeding. Inasmuch as the boiler-
makers apprised the Company of its claim to representation prior
to the 1945 operative date of the contract's automatic renewal
clause, it is clear that the contract cannot serve to preclude a current
determination of representatives.3
A statement of a Field Examiner for the Board, introduced into
evidence at the hearing, indicates that the Boilermakers represents a
substantial number of employees in the unit hereinafter found
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
The Boilermakers seeks a unit of all employees in the Company's
boilershop, excluding clerical employees, timekeepers, janitors, watch-
men, and supervisors. The Blacksmiths and the I. A. M. do not
oppose the establishment of such a unit. But the Company contends
that the unit sought is inappropriate because the Board, in its prior
determination,5 found a broader unit, including boilershop employees,
appropriate for the purposes of collective bargaining.
The boilershop, in which the Company employs approximately 28
boilermakers, is located in a building physically separated from the
Company's other departments. The boilershop employees are under
separate supervision and perform exclusively all the Company's
boilermaking operations. It is clear that these employees form a
cohesive and distinct group performing specialized functions. More-
over, at a meeting held prior to the time of the filing of the instant
petition, the boilershop employees voted to affiliate with the Boiler-
' See American Foi k and Hoe Company, 57 N. L. R B. 1072.
i The Field Examiner reported that the Boilermakers submitted 20 authorization cards
dated between June and July 1945.
There are approximately 28 employees in the alleged appropriate unit.
G Matter of Davenport Besler Corporation, supra
,1398 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
makers, and thereafter the Blacksmiths relinquished jurisdiction over
these employees.
Although the employees sought by the Boilermakers have in the
past been part of a larger bargaining unit, in the present circum-
stances, we perceive no reason to deny them the right to bargain
as a separate group through a representative of their own choosing.s
We find that all employees engaged in the Company's boilershop,
excluding clerical employees, timekeepers, janitors, watchmen, and all
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 employees
in the appropriate unit who were employed during the pay-roll period
immediately preceding the date of the Direction of Election 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 Davenport Besler
Corporation, Davenport, Iowa, an election by secret ballot shall be
conducted as early as possible, but not later than sixty (€0) days from
the date of this Direction, under the direction and supervision of the
Regional Director for the Eighteenth 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 Regulations, among em-
ployees 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
d See Matter of Pacific Gas & Light Co , 47 N. L R B. 264 ; Matter of Electro -Motive
Division of General Motors Corporation, 53 N. L. It. B. 1325; Matter of Phelps Dodge
Corporattion, etc, 56 N. L R . B. 1560; Matter of Lever Brothers Company, 57 N. L. R. B.
139.
DAVENPORT BESLER CORPORATION 1399
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 discharged 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 Interna-
tional Brotherhood of Boilermakers, Iron Ship Builders, and Helpers
of America, A. F. of L., for the purposes of collective bargaining.