Kennametal, Inc.

National Labor Relations Board - Board Decisions

Feb 18, 1947

72 N.L.R.B. 837 (N.L.R.B. 1947)

In the Matter of KENNAMETAL, INC., EMPLOYER and DISTRICT 50,
UNITED MINE WORKERS or AMERICA, PETITIONER
Case No. 6-R-1558.-Decided February 18, 1947
Messrs. Smith, Buchanan and Ingersoll, by Messrs. Elmer E. Myers_
and Frank L. Seamans, of Pittsburgh, Pa., for the Employer.
Mr. Joseph C. Gallagher. of Pittsburgh, Pa., for the Petitioner.
Mr. Abraham F; a'nk, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, hearing in this case was held at Greens--
burg, Pennsylvania, on November 6,1946, before Joseph Lepie, hearing:
officer.
At the hearing the Employer moved to dismiss the petition on the
grounds (1) that a year had not elapsed since the Board conducted a
consent election in which the Petitioner participated and (2) that
pending charges of unfair labor practices precluded a present deter-
mination of representation. The hearing officer reserved ruling on
the motion for the Board. For-reasons stated in Section III, infra,.
the motion is hereby denied. The hearing officer's rulings made at
the hearing are free from prejudicial error and are hereby affirmed.
Upon the entire record in the case, the National Labor Relations-
Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE EMPLOYER
Kennametal , Inc., is a Pennsylvania corporation engaged in the•
manufacture of cemented carbide products at its plants located in
Latrobe and Kingston Station , Pennsylvania . In the 6-month period
prior to November 7, 1946, the Employer purchased raw materials
valued in excess of $10,000, all of which were shipped to its plants from
outside the Commonwealth of Pennsylvania. During the same period,
72 N. L. It. B., No. 135.
837
838 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the Employer shipped in excess of $50,000 worth of finished products
outside the Commonwealth of Pennsylvania.
The Employer admits and we find that it is engaged in commerce
within the meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
The Petitioner is a labor organization affiliated with the American
-Federation of Labor, claiming to represent employees of the Employer.
III. THE QUESTION CONCERNING REI'RESIINT AT1ON
The Employer refuses to recognize the Petitioner as the exclusive
'bargaining representative of employees of the Employer until the
Petitioner has been certified by the Board in an appropriate unit.
With regard to the Employer's contention that the prior election
is a bar to the instant proceeding it is apparent that approximately a
year will have elapsed before the next election is held. In these cir-
cumstances, we perceive no reason to delay a determination of
representatives.,
The Employer's contention that pending charges of unfair labor
practices preclude a determination of representation is without merit
inasmuch as there is on file a waiver wherein the Petitioner agrees'not
to make the subject matter of the charges the basis of an objection to
any election or the results thereof.
We find that a question affecting commerce has arisen concerning the
representation of employees of the Employer, within the meaning of
Section 9 (c) and Section 2 (6) and (7) of the Act.3
IV. THE APPROPRIATE UNIT
We find, substantially in accord with the agreement of the parties,
that all hourly-rated production and maintenance employees of the
Employer's Latrobe and Kingston Station plants, including cafeteria
employees and leadmen, but excluding laboratory technicians, clerical
employees, guards, department managers, and all or any other super-
visory employees with authority to hire, promote, discharge, disci-
pline, or otherwise effect changes in the status of employees, or effec-
' On February 11, 1946 , the Board conducted a consent election in substantially the same
unit as herein sought by the Petitioner . The election resulted in a dismissal of the petition,
inasmuch as the Petitioner , the only union participating, failed to secyre a majority of the
votes cast
2 See Matter of New Enterprise Stone and Lime Company. 72 N L B B 308
The Employer , in its brief , argues that no evidence was introduced at the hearing to
show that the Petitioner represents a substantial number of employees in the alleged
appropriate unit. We find no merit in this contention See Matter of 0 D Jennings d
Company, 68 N L. R . B 516 , and cases cited therein.
KENNAMETAL, INC. 839,
tively recommend such action, constitute a unit appropriate for the
purposes of collective bargaining within the meaning of Section 9 (b)
of the Act.
V. TIIE DETERMINATION OF REPRESENTATIVES
The Employer requests , without objection from the Petitioner, that
employees in the armed forces who fall within the appropriate unit be
allowed to participate in the election . We are of the opinion that the
facts in this case do not differ substantially from those in Matter of
South, West Penn sylvania Pipe Lines ." Accordingly, we shall pro-
vide for the mail balloting of employees in the armed forces who fall
within the appropriate unit, subject to the conditions hereinafter
mentioned.
We shall direct that the question concerning representation which
has arisen be resolved by an election by sedlet 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. The
Regional Director shall mail ballots to employees within the appro-
priate unit on military leave, provided one or more of the parties,
hereto, within 7 days after receipt of the Direction of Election, files
with the Regional Director a list containing the names , most recent
addresses , and work classifications of such employees . The Regional
Director shall open and count the ballots cast by nail by employees,
on military leave, provided that such ballots must be returned to and
received by the Regional Office within 30 days from the date they
were mailed to such employees by the Regional Director.-'
DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for the pur-
poses of collective bargaining with Kennametal, Inc., Latrobe, Penn-
sylvania, an election by secret ballot shall be conducted-as early as.
possible, but not later than forty-five (45) days from the date of this
Direction, under the direction and supervision of the Regional Direc-
tor for the Sixth Region, acting in this matter as agent for the Na-
4 64 N L R B 1384.
6 A free interchange between the interested parties of information on the addresses and
work categories of the employees to be voted by mail will be necessary in order to avoid
challenges and post election objections Accordingly, the Board will make available to all
interested parties any information of this nature furnished it by any other part} In the
event that the patties should send the voters information or literature hearing directly or
indirectly on the pending election, copies of all such documents should be simultaneously
filed with the Regional Office for inspection by or transmittal to the other parties However,
acceptance or transmittal of such literature by the Board's office is not to be construed as
conferring immunity on the filing party in the event that objections are later interposed
concerning its content The usual principles will apply
a
84O DECISIONS OF NATIONAL LABOR RELATIONS BOARD
-,tional Labor Relations Board, and subject to Sections 203.55 and
203.56, of National Labor Relations Board Rules-and Regulations-
Series 4, among the employees in the unit found appropriate in Sec-
tion IV, above, who were employed during the pay-roll period imme-
.diately preceding the date of this Direction, including employees
who did not work during said pay-roll period because they were ill
For on vacation or temporarily laid off, and including employees in
the armed forces of the United States, 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 District 50, United
Mine Workers of America, for the purposes of collective bargaining.e
6 On February 12, 1947, the United Steelworkers of America , affiliated with the Congress
of Industrial Organization , filed a motion requesting that it be accorded a place on the
ballot in the election hereinabove directed . Inasmuch as it appears from the foregoing
-motion that the representation on which the Steelworkers bases its request was obtained
subsequent to the date of the hearing , the motion is hereby denied . See Matter of United
.Boat Service Corp, 55 N. L . R. B. 671.