Glen Alden Coal Co.

National Labor Relations Board - Board DecisionsNov 23, 1942

45 N.L.R.B. 738 (N.L.R.B. 1942)

In the Matter of GLEN ALDEN COAL COMPANY and INTERNATIONAL MOULDERS & FOUNDRY WORKERS UNION, LOCAL 133, A. F. L. In the Matter of GLEN ALDEN COAL COMPANY'and INTERNATIONAL Asso- CIATION OF MACHINISTS , A. F. L. Cases Nos. R-4400 and R-4Â¢01, respectively.-Decided November 23, 1942 Jurisdiction : coal mining industry. Investigation and Certification of Representatives : existence of question: re- fusal to accord petitioners recognition because of existing contract with industrial union; contract with industrial union held no bar, on ground that, while covering remainder of industry, it does not cover particular plant involved. Unit Appropriate for Collective Bargaining : Company's employees at mainte- nance and repair shop performing work for Company's 12 collieries may properly 'constitute two separate units comprising, respectively, foundry employees and repair shop employees, as desired by petitioners, or such two groups may constitute part of an industry-wide unit desired by employer and industrial union, depending upon desires of such two groups of employees as expressed in separate self-determination elections ; if majority of employees in either group selects its appropriate petitioning union, such group shall constitute a separate unit, but if majority in either group selects industrial union they will constitute part of, an industry-wide unit ; exclusions in foundry group-supervisors, foremen, and clerical employees ; exclusions in repair shop group-supervisors, clerical and salaried employees, foundry employees, and guards. Mr. J. J. Powell and Mr. J. H. Oliver, of Scranton, Pa., for the Company. Mr. Louis H. Wilderman, of Philadelphia, Pa., for the Moulders Union. Mr. Jo/tn A. Somers, of Scranton, Pa., for the I. A. M. Mr. Frank J. McDonnell, of Scranton, Pa., and Mr. John T. J. Brennan, of Wilkes-Barre, Pa., for the U. M. W. Mr. Seymour J. Spelman, of counsel to the Board. - 45 N. L. R. B. No. 111. 738 0 GLEN ALDEN COAL COMPANY 739 DECISION AND DIRECTION OF ELECTIONS STATEMENT OF THE CASE Upon petitions duly filed by International Moulders and Foundry Workers Union, Local 133, A. F. of L., herein called the Moulders Union, and International Association of Machinists, A. F. of L., herein called- the I. A. M., alleging that a question affecting com- merce had arisen concerning the representation of employees of the Glen Alden Coal Company, West Pittston, Pennsylvania, herein called the Company, the National Labor Relations Board provided for an appropriate consolidated hearing upon due notice before Geoffrey J. Cunniff, Trial Examiner. Said hearing was held at Scranton, Pennsylvania, on October 16, 1942. The Company the Moulders Union, the I. A. M., and United Mine - Workers, Dis- trict No. 1, herein called the U. M. W., appeared, participated, and 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. On October 30, 1942, the Company, the U. M. W., and the I. A. M., filed briefs which the Board has considered.- Upon the entire record in the case, the Board makes the following: FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Glen Alden Coal Company, a Pennsylvania corporation, having its principal office at Scranton, Pennsylvania, is engaged in mining, re- moving, and preparing coal at various collieries in Pennsylvania. This proceeding involves only the Company's Exeter Shop, located at West Pittston,' Pennsylvania. During 1941,,the Company mined, removed, and prepared approximately 8 million tons of coal, about 68 percent of which was shipped to places outside the Commonwealth of Pennsylvania. H. THE ORGANIZATIONS INVOLVED International Moulders and Foundry Workers Union, Local 133, is a labor organization affiliated with the American Federation of Labor, admitting to membership employees of the Company. 740 DECISIONS OF ,NATIONAL LABOR RELATIONS BOARD International Association of Machinists 'is a labor organization affiliated with the American Federation of Labor, admitting to mem- bership employees of the Company. United Mine Workers, District No. 1, is a labor organization ad- mitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION On July 15, 1942, after a period of organizational efforts, the Moulders Union advised the Company that it represented a majority of the foundry employees at the Company's Exeter Shop and re- quested a conference. On August 18, 1942, the I. A. M. informed the Company that a majority of all the employees at the Exeter Shop, excluding the foundry employees, had designated it as their exclusive bargaining agent and requested a conference to discuss recognition and the negotiation of a contract. In respect to both requests, the Company took the position that an existing contract with the U. M. W. precluded it from bargaining with any other labor organization. The Company and the U. M. W. contend that an existing contract between the U.'M, W., Districts 1, 7, and 9, and the anthracite coal operators, of which the Company is one, covers all employees, in- cluding those at the Exeter Shop, and therefore constitutes a bar to an election at this time. We do not agree, for although the contract purports to embrace all employees of the signatory anthracite oper- ators, it is manifest, from the bargaining history at the Exeter Shop end from the conduct of the parties, that employees at the Exeter Shop are not covered by that contract. Since 1903, as a result of an award made by the Anthracite Coal Strike Commission, the anthracite coal operators, including the Com- pany, have bargained with the U. M. W., Districts 1, 7, and 9, pur- suant to a series of contracts culminating with the present contract, elated April 30, 1941.1 Since 1930, the contracts have provided for a check-off of union dues and, since 1939, a closed shop. In the fall of 1937, after a brief period of organizational activity, the U. M. W. chartered a local at the Exeter Shop. In November 1937, a committee of Exeter employees and representatives of the U. M. W. met with the Company in an effort to negotiate a contract for the Exeter Shop employees. This effort was unsuccessful. In December 1937, the Exeter employees dissolved the local,' the charter was revoked and, since then, the U. M. W. has not, in fact, repre- sented-or bargained-for the Exeter Shop. On several occasions since 937, the Exeter employees have bargained with â€¢ the Company through their own local unaffiliated committee. In May 1942, after 1 This contract expires on April 30, 1943. GLE1^Z ALDEN' COAL COMPANY 741: the petitioners had begun their organizational drives, the U. - M. W. made a brief and unsuccessful attempt to reorganize a local. The Company's general manager testified that after a new, contract or an amendment is agreed upon at conferences between the U. M. W. and the anthracite operators, an adjustment is usually made with the Exeter employees. However, no, delegate from Exeter has ever at- tended these conferences and the, adjustment with the Exeter Shop does not flow as a direct or legal result of the new contract or amend= inent, but is either a gratuitous act by the Company, or is made at the insistence of the, Exeter employees, themselves. While the contract provides for a check-off of union dues and 'for membership in the U. M. W. as a condition of employment, no dues of Exeter employees'. have ever been deducted from pay, nor have any Exeter employees been discharged for failure to become members of the U. M. W. In the light of these circumstances, it is clear that the contract does not cover employees at the Exeter Shop, and we find, therefore, that it constitutes no bar to a determination of representatives at this time. A statement of the Acting Regional Director, introduced in evi- dence at the hearing, shows that the Moulders Union and the I. A. M.' each represents a substantial number of employees in the unit alleged by each to be appropriate.2 We find that a question affecting commerce has arisen concerning the representation of employees of the Company, within the mean- ing of Section 9 (c) and Section 2 (6) and (7) of the Act. 1V. THE APPROPRIATE UNIT; THE DETERMINATION OF REPRESENTATIVES The Moulders Union seeks to establish a unit composed of all foundry employees at the Company's Exeter Shop, including mould- ers, coremakers, chippers and grinders, crane runners, cupola tenders, and laborers, but excluding supervisors, foremen, and clerical em- ployees. The I. A. M. desires a unit of repair shop employees at the Exeter Shop, including employees in the machine, blacksmith, boiler, elec- trical and pattern shops, and laborers, but excluding supervisors, clerical and salaried employees, foundry employees, and guards. The Company and the U. M. W. contend that the appropriate bargaining unit should include all employees in the anthracite in- dustry. 2 The Acting Regional Director stated that the Moulders Union submitted 49 authoriza- tion cards , 45 of which bore apparently genuine original signatures of employees listed on the Company 's pay roll of September 1942 , which contained 52 employees in the alleged appropriate unit. These 45. cards are dated as follows : 17 in June 1942 ; 25 in July 1942 ; 1 in June, but no year shown ; 2 undated . The I . A. Al. submitted 94 authorization cards, 91 of which ' bore dates in July and August, 1942 , and the apparently genuine original written or printed signatures of employees listed on the Company 's pay roll ' of September 1942, which contained 199 employees in the alleged appropriate unit . In support of its interest in this proceeding , the U M. W. relies on its contract. 0 742 DECISIONS OF NATIONAL LABOR RELATIONS BOARD The Exeter Shop, the only plant involved herein, employs approx- imately 250 employees in 9 buildings at West Pittston, Pennsyl- vania, and is devoted almost exclusively to maintenance and repair work for the Company's 12 collieries. It is located about 5 miles 'from the, Company's nearest mine and about 25 miles ` from the farthest. The foundry, employees work in one building under the supervision of one foreman. . For the most part, their work is highly skilled, the moulders and coreinakers being required to serve a 4-year appren- ticeship. The work of the employees in the unit desired by the I. A. M. is performed in the other buildings at Exeter and is also skilled. All the employees at the Exeter Shop, with the noted excep- tions, are included in these two proposed units. Both the I. A. M. and the Moulders Union bargain for similar units in other industries, and the employees in the various job classifications sought by them constitute identifiable and related groups. In view of the bargaining history, of the Exeter, Shop and the other circumstances in the case, noted above and in Section III, we find that the employees in the units desired by the Moulders Union and the I. A. M. may properly be donsidered as separate units or as part of the industry-wide unit desired by the Company and the U. Al. W. Under such circumstances, we apply the principle that, the considerations being balanced, the desires of the employees them- selves determine, in part, the type of unit or units through which they shall bargain.' We shall, therefore make no final determination of unit at this time, but shall direct that the question concerning representation which has arisen be resolved by separate elections by secret ballot among the employees in the following voting groups who were employed during the pay-roll period immediately preced- ing the date of the Direction of Elections herein, subject to the limitations and additions set forth in the Direction: (1) all foundry employees at the Exeter Shop, including moulders, coremakers, chip- pers and grinders, crane runners, cupola tenders, and laborers, but excluding supervisors, foremen, and clerical employees, to determine whether they desire to be represented by the Moulders Union, by the U. M. W., or by neither; and (2) the repair shop employees at the Exeter Shop, including employees in the machine, blacksmith, boiler, electrical and pattern shops, and laborers, but excluding supervisors, clerical and salaried employees, foundry employees, and guards, to determine whether they desire to be represented by the I. A. M., or the U. M. W., or by neither. Upon the results of these elections will depend in. part, the appropriate unit or units. If a majority of 3 See Matter of The Globe Machine and Stamping Co and Metal Polishers Union, Local No. 3, et al, 3 N. L R. B. 294, and subsequent cases. GLEN ALDEN COAL COMPANY 743 employees in Group 1, above, selects the Moulders Union, that group shall constitute a separate unit. If a majority of employees in Group 2, above, selects the I. A. M., that group shall constitute a separate unit. If a majority of the employees in either group selects the U. M. W. they will thereby have indicated their desire to be repre- sented by the U. M. W:, which may then bargain for such employees- as part of the industry-wide unit. DIRECTION OF ELECTIONS By virtue of and pursuant to the power vested in the National Labor Relations Board by Section 9 (c), of National Labor,Relations 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 Glen Alden Coal Company, West Pittston, Pennsylvania, elections by secret ballot shall be conducted as early'as possible, but not later than thirty (30) days from the date of this Direction of Elections, under the direction and supervision of the Regional Director for the Fourth Region, acting 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 following employees of the Company 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 in the active military servic or-training of the United States, or tem- porarily laid off, but excluding any employees who have since quit or been discharged for cause : (1) All foundry employees at the Exeter Shop, including mould- ers, coremakers, chippers and grinders, crane runners, cupola tenders, and laborers, but excluding supervisors, foremen, and clerical em- ployees, to determine whether they desire to be represented by International Moulders and Foundry Workers Union, Local 133, A. F. `of L., or by United Mine Workers, District No. 1, for the purposes of collective bargaining, or by neither; (2) All repair shop employees at the Exeter Shop, including em- ployees in the machine, blacksmith, boiler, electrical and pattern shops, and laborers, but excluding supervisors, clerical and salaried employees, foundry employees, and guards, to determine whether they, desire to be represented by International Association of' Ma- chinists, A. F. of L., or by United Mine Workers, District No. 1, for the-purposes of collective-bargaining, or by neither.