The Edward Valve & Manufacturing Co., Inc.

National Labor Relations Board - Board Decisions

Dec 3, 1943

53 N.L.R.B. 1070 (N.L.R.B. 1943)

In the Matter of THE EDWARD VALVE & MANUFACTURING CO., INC. and
UNITED STEELWORKERS OF AMERICA, C. I. O.
Case No. 13-R-2081.-Decided December 3, 1943
Fyffe & Clarke, by Mr. Albert J. Smith, of Chicago, Ill., for the
Company.
Mr. Sam Taylor, of Chicago, Ill., for the Union.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by United Steelworkers of America, C. 1. 0.,
herein called the Union, alleging that a question affecting commerce
had arisen concerning the representation of employees of The Edward
Valve & Manufacturing Co., Inc., East Chicago, Indiana, herein
called the Company, the National Labor Relations Board provided
for an appropriate hearing upon due notice before Robert R. Rissman,
Trial Examiner. Said hearing was held at Chicago, Illinois, on
November 15, 1943. . The Company and the Union appeared, partic-
ipated, and were afforded full opportunity to be heard, to examine
and cross-examine witnesses, and to introduce evidence bearing on
the issues.,' During the course of the hearing the Company moved
to dismiss the petition. The Trial Examiner reserved ruling. The
motion is hereby denied. The Trial Examiner's rulings made at
the hearing are free from prejudicial error and are hereby affirmed.
All parties were afforded 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
The Edward Valve & Manufacturing Co., Inc., is an Indiana cor-
poration with its principal place of business at East Chicago , Indiana,
1 Although Christian Labor Organization was served with notice 'of hearing it did not
appear.
53 N. L. R. B., No. 200.
1070
THE EDWARD VALVE & MANUFACTURING CO., INC. 1071
where it is engaged in the manufacture and distribution of steel
valves. The Company purchases raw materials valued at about
$700,000 annually, -approximately 80 percent of which is shipped to
it from points outside the State of Indiana. During the same period
the Company sells products valued in excess of $1,500,000, about 95
percent of which is shipped to points outside the State of Indiana.
The Company admits that it is engaged in commerce within the mean-
ing of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
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
On September 28, 1943, the Union requested the Company to recog-
nize it as the exclusive collective bargaining representative of the Com-
pany's employees. The Company refused this request.
A statement of the Regional Director, introduced into evidence at
'the hearing, indicates that the Union represents a substantial number
of employees in the unit hereinafter found to be appropriate.2
We find that a question affecting commerce has arisen concerning
the representation 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
We find, in agreement with a stipulation of the parties, that all
production and maintenance employees of the Company, including
inspectors, but excluding office employees, clerical employees, guards,
timekeepers, employees in the engineering department, metallurgists,
physicists, chemists, radiographers, foremen, assistant foremen,
supervisor of inspection, general manager of manufacturing, works
manager, plant' superintendent, and any other 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.
'The Regional Director reported that the Union presented 78 membership application
cards bearing apparently genuine signatures of persons whose names appear on the Com-
pany's pay roll of October 2, 1943. There are approximately 242 employees in the appro-
priate unit.
1072 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by means of an election by secret ballot among
the 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.
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 9, of National Labor
Relations Board Rules and Regulations-Series 3, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with The Edward
Valve & Manufacturing Co., Inc., East Chicago, 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 ,di-
rection and supervision of the Regional Director for the Thirteenth
Region, acting in this matter as agent for the National Labor Rela-
tions Board, and subject to Article III, Sections 10 and 11, of said
Rules and Regulations, among the employees in the unit found ap-
propriate in Section IV, above, who were employed during the pay
roll period immediately 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 any who have since
quit or been discharged for cause and have not been rehired or rein-
stated prior to the date of the election, to determine whether or not
they desire to be represented by United Steelworkers of America,
C. I. 0., for the purposes of collective bargaining.