Marietta Manufacturing Co.

National Labor Relations Board - Board Decisions

Aug 6, 1942

42 N.L.R.B. 1271 (N.L.R.B. 1942)

In the Matter Of MARIETTA MANUFACTURING COMPANY and METAL
TRADES DEPARTMENT OF THE AMERICAN FEDERATION OF LABOR
Case No R-4028-Decided August 6,1942
Jurisdiction : shipbuilding industry
Investigation and Certification of Representatives - existence of question re-
fusal to accord petitioner recognition, immediate election directed despite
request of rival union foi postponement until full period for posting notices
pursuant to stipulation settling unfaii labor practices had transpired, election
necessaiy
Unit Appropriate for Collective Bargaining : production and maintenance em-
ployees, excluding foremen, assistant foremen, supervisois ,,watchmen, guards,
clerks, office employees, and janitors, agreement as to
Mr James A Shaw and Mr Benjamin E Cook, for the Board
Mr J T Weissenburger and Mr; Paul S Thomas, of Point Pleasant,
W Va , for the Company
Mr Martin C Bowles, of Charleston, W Va , for the A F of L
Mr Philip Murray Curran, of Pittsburgh, Pa, for the C I. 0
Mr Oscar Geltman; of counsel to the Board
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by Metal Trades Department of the
American Federation of Labor, herein called the A F of L , alleging
that a question affecting commerce had arisen concerning the repre-
sentation of employees of Marietta Manufacturing Company, Point
Pleasant, West Virginia, herein called the Company, the National
Labor Relations Board provided for an appropriate hearing upon
due notice before Edward G Smith, Trial Examiner. Said hearing
was held at. Gallipolis, Ohio, on July 8, 1942 The Company, the
A F of L, and United Steelwoi leers of Aniei ica, affiliated with the
Congress of Industrial Organizations, herein called the C. I. O , ap-
peared, participated, and were afforded full opportunity to be heard,
to examine and cross-examine witnesses , and to introduce evidence
42NLRB,No233
1271
1272 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
bearing on the issues The Trial Examiner's rulings made at the
hearing are fiee fiom prejudicial error and are-hereby affirmed.
Upon the, entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Marietta Manufacturing Company is a West Virginia corporation
with its principal place of business and plant at Point Pleasant, West
Virginia The Company manufactures boats and ocean-going vessels
for the United States War and Navy Departments During the year
1941 90 percent of the raw materials purchased by the Company was
shipped to it from points outside the State of West Virginia, and all
finished products were 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 ORGANIZATIONS INVOLVED
Metal Trades Department of the American Federation of Labor is a
labor organization composed of a federation of craft unions, a num-
ber of which admit to membership employees of the Company. It is
authorized to represent such unions in its own name for the purpose of
collective bargaining with shipyards.'
United Steelworkers of America is a labor organization affiliated
with the Congress of Industrial Organizations, admitting to mem-
bership employees of the Company
III THE QUESTION CONCERNING REPRESENTATION
Prior to the filing of the petition herein, International Brotherhood
of Boilermakers, Iron Shipbuilders, Welders & Helpers of America,
affiliated with the American Federation of Labor, herein called the
Boilermakers, had demanded recognition by the Company as exclusive
bargaining agent for the employees within its jurisdiction, claiming
to represent a majority of such employees. The Company refused
the demand, on the ground that it did not believe the claim The
Boilermakers then filed a petition pursuant to Section 9 (c) of the
National Labor Relations Act, asking to be certified as exclusive bar-
gaining agent for employees in its jurisdiction The petition was later
withdra-%vn, and the present petition was filed in iifis place by the A F.
of L , on behalf of the Boilermakers and other craft unions
A statement by counsel for the Board, which was introduced into
evidence, and a statement made by him at the hearing, indicate that
MARIETTA MANUFACTURING COMPANY 1273
the A F of L. and the C I 0 each represents a substantial number of
the Company's 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) of the Act.
IV. THE APPROPRIATE UNIT
We find, in accordance with the agreement among the parties, that
all production and maintenance employees of the Company, excluding
foremen, assistant foremen, supervisors in charge of any class of em-
ployees, watchmen, guards, clerks, office employees, and janitors, con-,
statute 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 find that the question concerning representation which has arisen
can best be resolved by an election by secret ballot.
It was disclosed at the hearing that the Company's plant is in the
course of expanding, and that, while at the date of the hearing the
Company had approximately 1,910 employees, it anticipated that in
October or November of 1942 it would start to engage an additional
5,000 to 6,000 employees
In the month of June 1942 most of the employees of the Company
went out on strike, and the A F of L contends that they returned to
work only upon the insistence of the War Labor Board and its assur-
ance that an immediate election would be held The A. F of L re-
quests an immediate election, with eligibility to vote being determined
by the pay-roll date immediately preceding the strike. The Company
requests that this proceeding be disposed of as speedily as possible, but
asks that the employees be given a reasonable time to understand "what
this procedure is leading into."
The C- I O , on September 15, 1941, filed charges against the Com-
pany alleging violations of Section 8 (1) and (3) of the 'Act On
July 6, 1942, 2 days before the hearing in the instant case, a stipulation
was entered into between the C I 0 and the Company, ' put suRnt to
which the Board, on July 18, 1942, ordered the Company to reinstate
with back pay 17 discharged employees and to post notices to its em-
ployees for a period of 60 days stating that the employees are free to
I The A F of L submitted to counsel for the Board 1,177 cards of membership and
authorization ( dates of «hich do not appear ), 715 of which bore apparently genuine
signatures of persons appearing on the Company 's pay roll of June 28 , 1942 The C I 0
had submitted 97 membership cards, dated between September 1940 and June 1941, of
which cards 74 bore apparently genuine signatures of persons on the Company 's pay roll
of June 28 , 1942 , and 17 bore apparently genuine signatures of persons ordered to be
reinstated At the time of the hearing there were approximately 1,582 employees in
the stipulated appropriate unit
1274 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
remain or to become members of the C I 0 or any other labor organi-
zation 2 The C I O. requests that no election be held until the Com-
pany complies with the Boaid's order of July 18, 1942, and posts the
afore-mentioned notices for the full 60-day period Both the Com-
pany and the C. I 0 ask that eligibility to vote be determined by the
pay-roll date preceding the date of the Direction of Election
The Regional Dii ector has notified the Board that the Company
on July 15, 1942, complied with the terms of the stipulation and the
Board's order made pursuant thereto Under the circumstances, we
are of the opinion that the policies of the Act will best be effectuated
if the election is held within 30 days but not before August 15, 1942.
We shall direct that the employees eligible to vote in the election shall
be those in the appropriate unit who were employed during the pay-
roll period immediately preceding the date of the Direction of Elec-
tron herein, subject to the limitations and additions set forth in the
Direction.
In view of the planned expansion of the plant which will more than
triple the number of employees in a comparatively short time, we
shall not, in the event a collective bargaining representative is certi-
fied, as a result of this proceeding, adhere to our usual 1-year rule,a
but shall entertain a new petition for an investigation and certifica-
tion of representatives at any time following issuance of any certifi-
cation in this proceeding, provided we are satisfied, under all the
circumstances then shown (including proof that there has been a
substantial increase in the number of employees at the plant and
that the petitioner represents a substantial number of employees),
that a question concerning representation affecting commerce has
arisen
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 8, of National Labor
Relations Board Rules and Regulations-Series 2, as amended, it is
hereby
DiVCTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Marietta Manu-
facturing Company, Point Pleasant, West Virginia, an election by
secret ballot shall be conducted within thirty (30) days from the date
of this Direction, but not before August 15, 1942, under the direction
242N L R B 611
' See Matter of Westinghouse Electric & Manufacturing Co and International Assocaa-
,tion of Machinists, Local 8011, A F of L, 38 N L R B 404, Matter of South Portland
Shipbuildino Corporation and Independent Union of Shipyard Workers of South Portland,
39NLRii485
MARIETTA MANUFACTURING COMPANY 1275
and supervision of the Regional Director for the Ninth Region, acting
in this matter as agent for the National Labor Relations Board, and
subject to Article III, Section 9, of said Rules and Regulations, among
all employees of the Company 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 those
employees who did not work during such pay-roll period because
they were ill or on vacation or in the active military service or train-
ing of the United-States, or temporarily laid off, but excluding those
employees who have since quit or been discharged for cause, to deter-
mine whether they desire to be represented by Metal Trades Depart-
ment of the American Federation of Labor, or by United Steelworkers
of America, affiliated with the Congress of Industrial Organizations,
for purposes of, collective bargaining, or by neither.
MR. GERARD D REILLY took no part in the consideration of the above
Decision and Direction of Election.
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