The Duff-Norton Manufacturing Co.

National Labor Relations Board - Board Decisions

May 16, 1946

68 N.L.R.B. 46 (N.L.R.B. 1946)

In the Matter of THE DUFF-NORTON MANUFACTURING COMPANY and
DUFF-NORTON INDEPENDENT UNION
In the Matter of THE DUFF-NORTON MANUFACTURING COMPANY and
PITTSBURGH DIE SINKERS' LODGE No. 50 OF THE INTERNATIONAL DIE
SINKERS' CONFERENCE
Cases Nos. 6-R-13'01 and 6-R-1357, respectively.-
Decided May 16, 1946
Thorp, Bostwick, Reed & Armstrong, by Mr. Donald W. Ebbert, of
Pittsburgh, Pa., for the Company.
Mr. Robbin B. Wolf, of Pittsburgh, Pa., for the Independent.
Mr. Walter T. Lynch, of Cleveland, Ohio, for the Die Sinkers.
Mr. John J. Brownlee, of Pittsburgh, Pa., for the U. S. A.
Mr. Charles B. Slaughter, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
Upon separate petitions duly filed by Duff-Norton Independent Union,'
herein called the Independent, and by Pittsburgh Die Sinkers' Lodge No.
50 of the Internatonal Die Sinkers' Conference, herein called the Die
Sinkers,2 alleging that questions affecting commerce had arisen concern-
ing the representation of employees of The Duff-Norton Manufacturing
Company, Pittsburgh, Pennsylvania, herein called the Company, the Na-
tional Labor Relations Board provided for an appropriate hearing3 upon
due notice before W. G. Stuart Sherman, Trial Examiner. The hearing
was held at Pittsburgh, Pennsylvania, on March 4, 1946. The Company,
the Independent, the Die Sinkers, and the United Steelworkers of Amer-
' The Independent filed an amended petition on February 26, 1946.
9 At the hearing the Trial Examiner granted the Die Sinkers' motion to intervene in Case No.
6-R-1301.
$ The cases involved in these proceedings were consolidated by order of the Board dated
March 4. 1946. All the parties agreed at the hearing to waive notice of hearing in Case
No. 6-R-1357.
68 N. L. R. B., No. 11.
46
THE DUFF-NORTON MANUFACTURING COMPANY 47
ica, affiliated with the Congress of Industrial Organizations, appearing on
behalf of its Local 1811, herein called the U. S. A.,4 appeared and partici-
pated. 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
prejudicial error and are hereby affirmed. All parties were afforded op-
portunity 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
Duff-Norton Manufacturing Company is a Pennsylvania corporation
with its principal office in Pittsburgh, Pennsylvania, and sales offices in
Chicago, Illinois, New York City, St. Louis, Missouri, and San Fran-
cisco, California. It owns and operates plants in Pittsburgh, Pennsyl-
vania, and Coaticock, Province of Quebec, Canada. We are here con-
cerned with certain employees of the Pittsburgh, Pennsylvania, plant.
The Company is engaged in the manufacture, sale, and distribution of
lifting jacks, drop forgings, and special lifting devices. During the year
1945 the approximate value of raw materials purchased for use at the
Company's Pittsburgh plant exceeded $1,000,000, of which approxi-
mately 65 percent was purchased outside the Commonwealth of Pennsyl-
vania. During the same period the Company shipped from its Pittsburgh,
Pennsylvania, plant its products valued in excess of $1,000,000, of which
approximately 85 percent was sold and shipped to points outside the Com-
monwealth of Pennsylvania.
The Company admits that it is engaged in commerce within the mean-
ing of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
Duff-Norton Independent Union is an unaffiliated labor organization
admitting to membership employees of the Company.
Pittsburgh Die Sinkers ' Lodge No. 50 of the International Die Sinkers'
Conference is a labor organization admitting to membership employees of
the Company.
United Steelwokers of America , Local No. 1811 , affiliated with the
Congress of Industrial Organizations , is a labor organization admitting
to membership employees of the Company.
4 At the hearing the Trial Examiner granted the Motion of the U. S. A to intervene in
these proceedings
48 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
III. THE QUESTIONS CONCERNING REPRESENTATION
On October 29, 1945, the Independent filed a petition with the Re-
gional Director of the Sixth Region seeking certification as representa-
tive of the Company's hourly paid employees. On November 8, 1945, the
Independent requested that the Company recognize it as the exclusive
bargaining representative of these employees, but the Company refused
on the grounds that the question should be resolved by the Board.
On March 4, 1946, the Die Sinkers filed a petition seeking certification
as representative of employees of the Company's die sinking department.
At the hearing, the U. S. A. argued that these proceedings are barred
by reason of a contract, effected between it and the Company in the form
of an interim agreement which expires June 15, 1946.
On January 6, 1944, the U. S. A. was certified by the Board as collec-
tive bargaining representative of the Company's production and main-
tenance employees, pursuant to an election directed by the Board in a
prior proceeding.5 Thereafter on May 5, 1944, the U. S. A. and the Com-
pany entered into a collective bargaining agreement . This contract pro-
vided, in effect, that it should continue until changed or terminated by
either party at any time by the giving of 20 days' notice. On March 1,
1945, the Board certified the U. S. A. as collective bargaining representa-
tive of the employees in the'Company's Die Sinking Department by virtue
of an election previously directed by the Board.6 Subsequently on April
27, 1945, the U. S. A. and the Company entered into a supplemental
agreement which stipulated that the provisions of the May 5, 1944, con-
tract would thereafter be applicable to the employees of the Die Sinking
Department.
On September 24, 1945, the U. S. A., pursuant to the 20-day termina-
tion clause, notified the Company of its desire to terminate the May 5,
1944, contract, as supplemented by the April 27, 1945, agreement, and
negotiate for the new contract. Thereafter on October 13, 1945, the par-
ties entered into a 30-day supplemental agreement extending the May 5,
1944, contract and its April 27, 1945, supplement.7
From January 2, 1946, until March 2, 1946, the U. S. A. sponsored a
strike among the Company's production and maintenance employees. On
the latter date, when the parties reached a settlement of the strike issues,
they entered into an interim agreement effective March 4, 1946, which
extended the terms of the May 5, 1944, contract, and the supplements
thereto, until June 15, 1946, and provided for wage increases and the
" 53 N. L . R. B. 1064.
60 N. L. R. B. 186.
7 On December 8, 1945, and January 18 , 1946, additional supplemental agreements were
effected between the U . S. A. and the Company . The latter agreement extended the May 5, 1944,
contract and its April 27, 1945 , supplement until March 15, 1946.
THE DUFF- NORTON MANUFACTURING COMPANY 49
return to work of all employees without discrimination. As stated above,
the U. S. A. asserts that the March 4, 1946, interim agreement constitutes
a bar to this proceeding. However, inasmuch as the Independent's petition
of October 29, 1945, was timely filed, we find that the subsequent interim
agreement of May 4, 1946, does not operate as a bar.'
A statement of a Board agent, introduced into evidence at the hearing,
indicates that the Independent and the Die Sinkers each represents a sub-
stantial number of employees in the alleged appropriate unit .9
We find that questions affecting commerce have arisen concerning the
representation of employees of the Company, within the meaning of Sec-
tion 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNITS
At the hearing the Independent took the position that the appropriate
unit should be composed of "all production and maintenance employees,"
which would include, inter alia, watchmen (or guards) and employees of
the die sinking department. In the alternative the Independent stated that,
in the event the Board insists on its previous ruling wherein the die room
employees were held to constitute a separate unit,'0 then the appropriate
unit should exclude these employees. The Die Sinkers, on the other hand,
seeks only a unit of employees working on dies or parts of dies, excluding
the foreman. The U. S. A. takes the position that the Die Sinkers and
watchmen (or guards) should be included in a unit of all production and
maintenance employees. The Company, while generally taking no position
in these proceedings, did, however, contend that the watchmen (or
guards) should be excluded from a production and maintenance unit on
the ground that their duties are confidential.
Watchmen (or guards) :11 These employees were excluded from cover-
age under the contract, and supplements thereto, between the Company
and the U. S. A. because they were militarized. However, upon the cessa-
tion of hostilities in World War II, the watchmen were demilitarized and
they now wear no uniforms nor firearms. Their duties require that they
patrol the plant on schedule and watch for fires, broken pipes, and other
defects that might cause damage to the property; they report thefts to the
" A question concerning representation was raised with respect to the die sinking department
when the Independent filed its petition on October 29, 1945.
A Field Examiner reported that the Independent submitted 158 application cards, 124 of
which were checked against the Company's pay roll for the period ending December 31, 1945,
and that the Field Examiner also reported that the Die Sinkers submitted a signed petition
dated January 7, 1946, bearing the names of 5 employees, 4 of which were checked against
the Company's pay roll for the period ending December 31, 1945. There are approximately 11
employees in the alleged appropriate unit.
iu See footnote 6, supra.
ii The Company uses the terms "guards" and "watchmen" interchangeably . We shall refer
to them as "watchmen."
50 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
City Police Department and the personnel manager; any observations of
unsafe conditions and infractions of the company rules they report to the
personnel manager ; they observe employees punching in and out at the
time clocks, and report any irregularities to the supervisors; they advise
the personnel manager as to any employees who leave the plant at odd
hours or report late for work. Two of the watchmen alternate at the gate,
where they check ingress and egress of trucks, their license numbers and
drivers' names, and, if possible, determine what items are removed from
the plant area by vehicles of outside distributors. We do not agree that
the watchmen fall within our definition of confidential employees.12 How-
ever, inasmuch as the duties of the watchmen are monitorial in nature,
we shall exclude them from the unit hereinafter found appropriate.713
Die Sinking Department: The Die Sinkers seeks a unit of employees
working on dies or parts of dies, excluding the foreman. The U. S. A.,
which currently represents these employees, and the Independent would
include them in a unit with the production and maintenance employees.
We have previously held in proceedings involving the same parties that
the employees working on dies or parts of dies should constitute a sepa-
rate unit.14 Inasmuch as there has been no change in the duties, classifica-
tions, and physical location of the employees of the die sinking depart-
ment, we shall not disturb our previous finding, and, therefore, hold that
employees working on dies or parts of dies, excluding the foreman, con-
stitute a separate appropriate unit.
We find that the following groups, excluding all salaried employees,
watchmen (or guards), foremen, assistant foremen, and all other super-
visory employees15 with authority to hire, promote, discharge, discipline,
or otherwise effect changes in the status of employees, or effectively rec-
ommend such action, constitute units appropriate for the purposes of col-
lective bargaining within the meaning of Section 9 (b) of the Act:
(1) All production and maintenance employees.
(2) All employees working on dies or parts of dies, excluding the
foreman.
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the questions concerning representation which have
arisen be resolved by elections by secret ballot among the employees in
'= See Matter of Ford Motor Company (Chicago Branch), 66 N L R B 1317
's See Matter of Kelsey-Hayes Wheel Company, 62 N. L. R. B 421.
'4 Matter of Duff-Norton Manufacturing Company, 48 N. L. R. B 1148, Matter of The Duff-
Norton Manufacturing Company, 60 N. L R B 186
1' All the parties , including the Company, agreed to exclude from the unit four gang leaders,
who, although hourly paid, have certain limited supervisory authority. Furthermore, they have
not been included in the agreements between the U. S. A. and the Company. We shall, accord-
ingly, exclude them.
THE DUFF-NORTON MANUFACTURING COMPANY 51
the appropriate units who were employed during the pay-roll period im-
mediately preceding the date of the Direction of Elections herein, sub-
ject to the limitations and additions set forth in the Direction.
We shall grant the Independent a place on the ballot in the election
directed in the Die Sinkers' group with permission to withdraw there-
from by notifying the Regional Director within ten (10) days after the
issuance of this Decision and Direction of Elections.
DIRECTION OF ELECTIONS
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 Relations Board
Rules and Regulations-Sei ies 3, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representatives
for the purposes of collective bargaining with The Duff-Norton Manu-
facturing Company, Pittsburgh, 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, under the direction and supervision of the
Regional Director for the Sixth 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 employees in the units
found appropriate in Section IV, above, who were employed during the
pay-roll period immediaetly preceding the date of this Direction , includ-
ing employees who did not work during said pay-roll period because they
were ill or on vacation 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 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 with respect to the employees described
in paragraph (1) of our finding in Section IV, supra, whether they de-
sire to be represented by the Duff-Norton Independent Union or by
United Steelworkers of America, Local 1811, affiliated with the Congress
of Industrial Organizations, for the purposes of collective bargaining, or
by neither; and to determine with respect to the employees in the unit
described in paragraph (2) of our finding in Section IV, supra, whether
they desire to be represented by Pittsburgh Die Sinkers ' Lodge No. 50,
of the International Die Sinkers' Conference, or by United Steelworkers
of America, Local 1811, affiliated with the Congress of Industrial Organi-
zations, or by the Duff-Norton Independent Union, for the purposes of
collective bargaining , or by none of said organizations.
CHAIRMAN HERZOG took no part in the consideration of the above
Decision and Direction of Elections.
696966-46-5