The Grabler Manufacturing Co.

National Labor Relations Board - Board Decisions

Jul 20, 1944

57 N.L.R.B. 481 (N.L.R.B. 1944)

III the Matter of THE GRABI ,ER MANUFACTURING COMPANY and INTER-
N ATIONAL BROTHERHOOD OF FIREMEN AND OILERS , LOCAL 52 ( AFL)
Case No. 8-R-1519.Decided July 20, 1944
Messrs. William C. Lindquist and-D . J. McEvoy , of Cleveland,
Ohio, for the Company.
Mr.'Norinan F . Driscoll , of Cleveland , Ohio, for the AFL.
Messrs. Frank J. Lentz and Eugene Hagler, of Cleveland, Ohio, for
the CIO.
Mr. Joseph E. Gubbins, of counsel' to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by International Brotherhood of Fire-
men and Oilers, Local 52, affiliated with the A. F. of L., herein called
the AFL, alleging that a question affecting commerce had arisen con-
cerning the representation of employees of The,Grabler Manufac-
turing Company,' Cleveland, Ohio, herein called the Company,•the
National Labor Relatiolis Board provided for an ,appropriate hearing
upon due notice before Frank L. Danello, Trial Examiner. Said hear-
ing was held at Cleveland, Ohio, on June 19, 1944. The Company,
the AFL, and United Steelworkers of America, Local '#1309, affili-'
ated with the C..I. O., herein culled the CIO, 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 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 Grabler Manufacturing Company, an Ohio corporation, is
engaged at Cleveland, Ohio, in, the manufacture of pipe fitting and
57 N. L. R. B., No. 87.
601248-45-vol 57-32 481
482 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
related parts. During" the year 1943, the Company purchased raw
materials valued in excess of $700,000 for use at its Cleveland plant,
approximately 50 percent of which was shipped from points outside
the State of Ohio. During the same period, the value of the products
finished at its Cleveland plant exceeded $5,000,000 in' value, approxi '
mately 50 percent of Ywhich was shipped to points outside the State.
of Ohio. '
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.;
t ' II. THE ORGANIZATIONS INVOLVED
•1 International Brotherhood of Firemen and Oilers, Eocal 52, affiil
iated with the American Federatioli of Labor, is a labor organization
admitting to membership employees ofthe Company.
United Steelworkers of America, Local $k 1309, affiliated with the -
C
11
Congress of Industrial Organizations'is, a labor organization, admit-
ting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company refuses to recognize the AFL as the bargaining rep-
resentative of the firemen ' in the boiler room of its Cleveland plant
unless arid until the AFL is ,certified by the Board.
A statement prepared by a Field 'Examiner, introduced into evi-
dence-,at the hearing, indicates that the AFL represents all the em-'
ployees in the unit hereinafter found to be 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) and Section 2 (6) and (7) of the Act.
IV: THE "APPROPRIATEPPROPRIATE UNIT -
a
The AFL contends -that all firemen in. the boiler 'room of the Com-,
pany's Cleveland plant, excluding the engineer, and the. part-time
laborer, constitute an appropriate unit. The Company and the CIO
contend that a plant-wide unit is appropriate.
Since 1937, the Company and the CIO have been bound by a series
of 1-year collective bargaining contracts covering the Company's-pro-
ductio'n- and maintenance employees, excluding inter alia, firemen.2
The only apparent-reason for the Company's contention for a plant-
wide unit is its desire to eliminate the possible necessity, of negotiating
'The Field Examiner's statement shows that the AFL submitted three : designation
cards which bear names of persons listed on the Company's pay roll of May.8, 1944. There
are three employees iri the unit alleged by the AFL to be appropriate.
2 The last contract between the Company and the CIO expired on May 1,,1944..
THE GRABLER, MANUFACTURING COMPANY. 483
with more than one bargaining repiesentatisse. The CIO asserts that,
a separate unit of firemen is inappropriate; particularlydn view of the
history ,of plant-wide bargaining since 1937. However, at, no time
prior to the instant proceeding was the propriety of such -a, unit. in
issue. Moreover, as shown above, the CIO has never represented
the firemen during the entire period of its contractual' relations with
the Company.
The boiler room is' isolated from the rest of the Cleveland plant's
operations. The three firemen operate the boiler under the super-
vision of the engineer, check the fire, clean the grates, adjust the water
pumps, and maintain proper steam pressure. In addition, the fire-
men working on the second and third shifts are required every 30
minutes to check the ADT system which is located near the boiler
room. This system is used to report burglaries, fire, sabotage, or any
other emergency that may arise. - The employees involved are licensed-
firemen. In view.of the foregoing facts and since the duties of the
firemen require skills not possessed by the remaining employees of the
Cleveland plant, we are of the opinion that they are sufficiently ' iden-
-tifiable and distinguishable to warrant establishment as a , separate
unit.
The parties agree, and we find, that the engineer is a supervisory
employee and should be excluded from the unit.
With respect to the part-time laborer in the boiler'room whose ex-
clusion is sought by the AFL, the record shows that he is actually
classified as a cupola man. He spends approximately 50 percent of
his time performing the functions associated with his classification,
and the remainder of his time is spent shoveling coal in the boiler room.
The Company and the CIO take no position as to the exclusion or in-
clusion of this employee. Inasmuch as it appears that the classification
of this employee is that of a production worker and his interests are
akin to those of production employees, we shall exclude him from the
unit.,
We find that all 'firemen in the boiler room of the Company's Cleve-
land plant, excluding the part-tiine laborer, the engineer, and all other-,
supervisory employees who have 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
The AFL has submitted evidence to indicate that it represents all
employees in the appropriate unit who were employed by the Company
at the time of the hearing. Since the CIO has not in the'past served
a
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484 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
as the bargaining representative of employees in the appropriate unit,,
and since it has not presented any evidence of'•representation among
them, we shill make no provision for its 'participation in the election
hereinafter directed.
We shall direct that the question concerning representation which
has arisen be resolved by,an election by secret ballot among the em-
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 Ill, ' Section - 9, of National Labor Relations
Board Rules and Regulations-Series 3, it is hereby. -
DIRECTED that ,. as part of investigation to ascertain representatives
for the ,purposes of collective bargaining with The Grabler Manu-
facturing Company, Cleveland , Ohio, 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 supervision of
the Regional Director for the Eighth 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
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
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 reinstated prior to the election', to determine whether or not
they desire to be represented by International Brotherhood of Firemen -
and Oilers , Local 52 (AFL ), for the purposes of collective bargaining.