Roots-Connersville Blower Corp.

National Labor Relations Board - Board DecisionsJul 31, 1945

63 N.L.R.B. 70 (N.L.R.B. 1945)

In the Matter of ROOTS-CoNNERSVrLLE BLOWER CORP. and PATTERN MAKERS LEAGUE OF N. A., DIST. No. 1, A. F. or L. In the Matter of ROOTS-CONNERSVILLE BLOWER CORP . and INTERNA- TIONAL ASSOCIATION OF MACHINISTS , and INTERNATIONAL MOLDERS AND FOUNDRY WORKERS OF NORTH AMERICA, AFFILIATED WITH THE AMERICAN FEDERATION OF LABOR Cases Nos. 11-R-738 and 11-R-786, respectively.Decided July 31, 1945 McAfee, Grossman, Nanning, and Newcomer, by Mr. Vincent E. Mitchell , of Cleveland , Ohio, and Mr. J. S. Tatman , of Connersville, Ind., for the Company. Mr. C. D. Madigan, of Cleveland, Ohio, and Mr. John F. McGarvey, of Dayton, Ohio, for the Pattern Makers. Mr. Van V. Carter, of Indianapolis, Ind., Mr. Lester Campbell, of Grand Rapids, Mich., and Mr. D. J. Omer, of Cincinnati, Ohio, for the A. F. L. Mr. Garfield H., Rogers, of Connersville, Ind., for the U. B. W. Mr. Harland D. Burchan, of Indianapolis, Ind., for the C. I. O. Mr. Harry Nathanson, of counsel to the Board. DECISION DIRECTION OF ELECTION AND ORDER STATEMENT OF THE CASE Upon a petition duly filed by Pattern Makers League of N. A., Dist. No. 1, A. F. of L., herein called the Pattern Makers, and one duly filed by International Association of Machinists , and International Mold= ers and Foundry Workers of North America, both affiliated with the American Federation of Labor and herein collectively called the A. F. L., each alleging that a question affecting commerce had arisen concerning the representation of employees of Roots-Connersville Blower Corp., Connersville, Indiana, herein called the Company, the National Labor Relations Board provided for an appropriate consoli- 63N L R . B, No. 4. 70 ROOTS-CONNERSVILLE BLOWER CORP. 71 dated hearing upon due notice before William O. Murdock, Trial Ex- aminer. Said hearing was held-at Connersville, Indiana, on May 2, 1945. The Company, the Pattern Makers, the A. F. L., United Blower Workers, herein called the U. B. W., and International Union, United Automobile, Aircraft & Agricultural Implement Workers of America, C. I. 0., herein called the C. I. 0., 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. At the hearing the Company moved to dismiss the petitions and the Trial Examiner referred the motion to the Board for deter- mination. For reasons set forth in Section III, infra, the motion is denied.' The Trial Examiner's rulings made at the hearing are free from prejudicial error and are hereby affirmed. All parties were afforded an 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 Roots-Connersville Blower Corp., is an Indiana corporation with its principal place of business at Connersville, Indiana, where it is engaged in the manufacture of positive pressure and centrifugal pressure blowers. Annually the Company purchases raw lnaterials, valued in excess of $1,000,000, of Which approximately, 50 percent is bought outside the State of Indiana. The Company annually Inanu- factures finished products valued in excess of $1,000,000, practically all of Which is shipped to points outside the State of Indiana. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATIONS INVOLVED Pattern Makers 'League of N. A., Dist. No. 1, affiliated with the American Federation of Labor, is a labor organization admitting to membership employees of the Company. International Association of Machinists, and International Molders and Foundry Workers of North America, both affiliated with the American Federation of Labor, are labor organizations admitting to membership employees of the Company. United Blower Workers, unaffiliated, is a labor organization admitting to membership employees of the Company. International Union, United Automobile, Aircraft & Agricultural Implement Workers of America, affiliated with the Congress of In- 1 The only grounds for the motion are set out in Section III, below. We are, however, dismissing the Pattern Makers' petition for reasons given in Section IV, infra, reasons not relied upon by the Company in its formal motion to dismiss 72 DECISIONS OF NATIONAL LABOR RELATIONS BOARD dustrial Organizations, is a labor organization admitting to mem- bership employees of the Company. IlI. THE QUESTION CONCERNING REPRESENTATION By letter dated February 27, 1945, the C. I. O. requested the Com- pany to recognize it as sole bargaining representative of the Com- pany's employees. In a reply dated March 1, 1945, the Company stated that it had an existing contract with the U. B. W. and there- fore would not accord such recognition to the C. I. O. On March 2, 1945, the Regional Director for the Eleventh Region advised the Company that a petition for investigation and certification of repre- sentatives of employees of the Company had been filed with the Board by the A. F. L. The Company and the U. B. W. executed a collective bargaining agreement, dated April 3, 1943, which provided, in part, as follows : ARTICLE XII-TERMINATION OF AGREEMENT This Agreement shall become effective from and after the date of signing by the Company and the [U. B. W.], and continue in effect for the period of 1 year from such date, unless sooner terminated or changed in conformity with a written request or notice of such a desire given by either the company or the [U. B. W.] to the other,-such notice to recite what is desired and be delivered by United States mail (return receipt requested) and such signed returned receipt shall evidence and constitute proper notice of the same. This Agreement may, however, continue as is from year to year unless thirty (30) days prior to the anniversary date of such agreement a notice is given in the same manner as outlined above requesting a change in or an absolute termination of this contract. On April 3, 1945, after notice of the claims to representation made by the C. I. O. and the A. F. L., the Company and the U. B. W. ex- ecuted a collective bargaining agreement dated as of April 3, 1943, and containing the following provision : ARTICLE XII-TERMINATION OF AGREEMENT This Agreement, made and concluded this 3rd day of April in the year 1943 between the Company and the [U. B. W.], and re- vised and extended as of March 3, 1945 will continue in effect until April 3, 1946. This Agreement may, however, continue as is from year to year unless thirty (30) days prior to the an- niversary date of such Agreement a notice is given by either the ROOTS-CONfVERSVILLE BLOWER CORP. 73. Company or the [U. B. W.] to the other requesting a change in or an absolute termination of this contract. It is plain that the flu st agreement between the parties, standing alone, cannot serve to preclude a present determination of represen- tatives, for it was merely terminable at will.'- Moreover, even if con- strued as an agreement for a year certain, renewable for definite an- nual periods in the absence of notice to terminate or change 30 days prior to any anniversary date, it, nevertheless, is inoperative as a bar, inasmuch as both the C. I. O. and the A. F. L. apprised the Com- pany of their representation claims before the 1945 operative date- of such renewal clause.' And, also viewed separately, neither does the second agreement prevent a current determination of represen- tative, having been executed only after the Company received notice of the claims of the C. I. O. and the A. F. L.4 Nor, for the same rea- son, is a dismissal of the petitions warranted if the second agreement. is considered as merely extending and modifying the first. A statement of a Field Examiner, introduced into evidence at the hearing, indicates that the A. F. L. represents a substantial number of employees in the unit hereinafter found appropriate.5 Insofar as the A. F. L.'s petition is concerned, we find that a question affecting commerce has arisen concerning the representation of em- ployees of the Company, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act. However, since we later find the unit sought by the Pattern Makers, to be inappropriate, insofar as its petition is concerned, we find that no question affecting commerce has arisen concerning the representa- tion 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 Company, the U. B. W., the C. I. 0., and the A. F. L. agree gen- erally that the appropriate bargaining unit should comprise all the Company's production and maintenance employees, except for guards and clerical, technical, and supervisory employees. However, con- trary to the wishes of the Company, the U. B. W. and the C. Z. Oi., the A. F. L. would also exclude all wood and metal pattern makers 2 See Matter of Ionia Desk Company, 59 N. L R B 1522. S See Matter of Marshall Stove Company, 57 N. L. R B 375. 4 See Matter of Blaw -Knox Company, Special Ordnance Dtivision, 57 N. L R B. 1551. 6 The Field Examiner reported that the A F. L submitted 161 authorization cards bearing apparently genuine signatures and that there were 378 employees in its alleged appropriate unit. He further reported that the Pattern Makers submittted 2 authorization cards bearing apparently genuine signatures and that there were 5 employees in its alleged appropriate unit. He also reported that the C. I. 0 submitted 162 authorization cards bearing apparently genuine signatures , and that there were 389 employees in its alleged appropriate unit. The U . B. W. relies apon its contracts as evidence of its interest in the- Instant proceeding. 74 DECISIONS OF NATIONAL LABOR RELATIONS BOARD and their apprentices, whom the Pattern Makers seeks as a separate unit. Moreover, the Company, the U. B. W., and the C. I. 0. would include the Conpany's watchmen, while ,the A., F. L. would exclude these workers. Since 1936, the U. B. W. has had collective bargaining agreements with the Company covering its production and maintenance employ- ees, including pattern makers.6 The Company's pattern makers have been actively represented by the U. B. W. and for at least the past 4 years have been on the U. B. W.'s negotiating and executive commit- tees. The record is clear that these workers voluntarily joined the U. B. W. and that it successfully negotiated wage increases for them. No attempt was made by the Pattern Makers to represent these em- ployees prior to November 1944, and it appears that none of the Com- pany's pattern makers was a member in good standing of the Pattern Makers before that date.7 It is clear that the Company's pattern makers merged their interests with those of other production and maintenance employees and sanc- tioned their representation by the U. B. W. Not until a comparatively recent date did they indicate a desire for separate representation. In these circumstances we are not convinced that a separate unit of pat- tern makers is appropriate for the purposes of collective bargaining.8 As noted above, the U. B. W., the C. I. 0., and the Company would include watchmen, whereas the A. F. L. would exclude them. These employees were not embraced by the terms of the collective agree- ments made between the Company and the U. B. W. Accordingly, we shall exclude them." We find that all the Company's production and maintenance em- ployees, including all pattern makers and pattern makers' apprentices, but excluding watchmen, guards, clerical employees, technical em- ployees, 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 the em- "The term pattern makers is used herein to indicate all pattern makers and their apprentices 7 One pattern maker testified that he was a member of the Pattern Makers League of N. A since 1917 ; however, it seems that , from 1930 until November 1944, he was not in good standing. 8 See Matter of General Metals Corporation , 59 N. L. R B 1252; and Matter of York Corporation , 61 N L. R B. 462. See Matter of C J Petersen and C. F Lytle d/b/a Petersen & Lytle, 60 N L R. B 1070. ROOTS-CONNERSVILLE BLOWER CORP. 75 ployees 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 Relations Act, and pursuant to Article III, Section 9, of National Labor Rela- tions 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 Roots-Conners- ville Blower Corp., Connersville, Indiana, an election by secret ballot shall be conducted as early as possible, but not later than thirty (30) days from the, date of this Direction, under the, direction and super- vision of the Regional Director for the Eleventh Region, acting in this matter as agent for the National Labor Relations Board, and subject to Article III, Sections 10 and it, of said Rules and Regula- tions, among the employees 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 the said pay -roll period because they were ill or on vaca- tion or temporarily laid off, and including employees in the armed forces of the United States who present themselves in person at the polls, but excluding any 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 they desire to be represented by International Association of Machinists and International Molders and Foundry Workers of North America, affiliated with the Amer- ican Federation of Labor, or by United Blower Workers, or by Inter- national Union, United Automobile, Aircraft & Agricultural Imple- ment Workers of America, C. I. 0., for the purposes of collective bargaining, or by none. ORDER IT IS HEREBY ORDERED that the petition for investigation and certifi- cation of representatives of employees of Roots - Connersville Blower Corp., Connersville , Indiana, filed herein by Pattern Makers League of 'N. A., Dist. No. 1, A. F. of L. (Case No. 11-R-738), be, and it hereby is , dismissed. ° CHAIRMAN HERZOG took no part in the consideration of the above Decision , Direction of Election , and Order.