The International Nickel Co., Inc.

National Labor Relations Board - Board Decisions

Jan 27, 1940

19 N.L.R.B. 951 (N.L.R.B. 1940)

In the Matter of THE INTERNATIONAL NICKEL COMPANY, INC. and
SQUARE DEAL LODGE No. 40, AMALGAMATED ASSOCIATION OF IRON,
STEEL AND TIN WORKERS OF NORTH AMERICA,. THROUGH STEEL
WORKERS ORGANIZING COMMITTEE
Case No. K-640
Metal Products Manufacturing Industry-Supplemental Decision-Investiga-
tion of Representatives: controversy concerning representation of employees:
stipulated : additional employees hired' since prior election entitled to repre-
sentation; rival organizations claim to represent majority of employees pres-
ently within appropriate unit ; company unwilling to recognize either until
certified by the Board-Unit Appropriate for Collective Bargaining: all em-
ployees of the Company at the Huntington plant who are paid, on an hourly,
piece, or tonnage basis, except watchmen, chemists, mill inspectors, and coopera-
tive students ; stipulation as to-Election Ordered: pursuant to stipulation-
Order: certification of representatives heretofore issued vacated.
THIRD SUPPLEMENTAL DECISION
ORDER
AND
THIRD DIRECTION OF ELECTION
January 27 , 1940
On May 6, 1938, the National Labor Relations Board, herein called
the Board , issued a Decision and Direction of Election in the above-
entitled case. , On February 9, 1939, the • Board issued a Supple-
mental Decision and Second Direction of Election ,2 and on November
9, 1939, a Second Supplemental Decision and Certification of Repre-
sentatives 3 in the case . Thereafter , on January 19, 1940, The In-
ternational Nickel Company , Inc., herein called the Company, Square
Deal Lodge No. 40 , Amalgamated Association of Iron , Steel and Tin
Workers of North America , through Steel Workers Organizing Com-
mittee, herein called the Lodge, Nickel Alloy Employees ' Associa-
tion , Inc., herein called the Association , and the Regional Director
17 N. L. R. B. 46.
211 N. L. R. B. 97.,
217 N. L. R. B. 458.
19 N. L. R. B., No.. 94.
951
952 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
for the Ninth Region (Cincinnati, Ohio), acting in this behalf as
representative of the Board, entered into a stipulation, wherein said
parties agreed , as follows :
Whereas the National Labor , Relations Board on May 6, 1938
issued a direction of election in the above entitled matter, and on
February 9, 1939 a Supplemental Decision and Second Direction
of Election,
And Whereas on March 16, 1939 the Board held an election
based upon the second amended direction of election, and based
upon such election the Board issued certification of representa-
tives under date of November 9, 1939,
Whereas since the said election on March 16, 1939 The Inter-
national Nickel Company has employed over 350 additional
employees who would be eligible and who are entitled to repre-
sentation in the unit declared appropriate by the Board in the
direction of election as aforesaid,
And Whereas some technological and other changes have been
instituted in the Huntington plant of The International Nickel
Company;
And Whereas both the Square Deal Lodge #40 and the Nickel
Alloys Employees Association, Inc. claim to represent a majority
of the present employees in the unit hereinafter described
And Whereas The International Nickel Company, Inc., being
uncertain as to who represents the majority of its employees in
the unit hereinafter described, is unwilling to recognize either
union as the sole bargaining agency until proper certification by
the National Labor Relations Board
It Is Hereby Agreed by and between the parties aforemen-
tioned that the National Labor Relations Board may
1. Vacate its Certification of November 9, 1939
2. Upon the record of this case heretofore adduced and upon
basis of this stipulation make the following conclusions of law:
a. A question of representation affecting commerce has arisen
in the Huntington Plant of the International Nickel Company,
Inc.
b. All employees of The International Nickel Company at its
Huntington, W. Va. plant who are paid on an hourly, piece, or
tonnage basis except watchmen, chemists, mill inspectors and
cooperative students, constitute a unit appropriate for the pur-
poses of collective bargaining within the meaning of Section
9 (b) of the Act.
It Is Further Agreed that the Board may make the following
direction of election based upon this stipulation, the record in
` THE INTERNATIONAL NICKEL O'OMPANY, INC. 953
the case heretofore adduced and the aforementioned conclusions
of law :
"By virtue of and pursuant to the power invested in the Na-
tional Labor Relations Board by Section 9 (c) of the National
Labor Relations Act and pursuant to Article III, Section 8 of
the National Labor Relations Board Rules and Regulations, Sec-
tion 1, as amended it is hereby directed :
"That, as part of the investigation ordered by the Board to
ascertain representatives for the purpose of collective bargain-
ing with The International Nickel Company, Inc. at the Hunt-
ington, W. Va. plant, an election by secret ballot be conducted not
later than February 15, 1940 under the direction and supervision
of the Regional Director of the Ninth Region, acting in this mat-
ter as agent for the National Labor Relations Board and subject
to Article III, Section 9, of said Rules and Regulations among
the employees of The International Nickel Company, Inc. at its
Huntington, W. Va. plant who were employed by it during pay=
roll period immediately preceding January 1, 1940 who are paid
on an hourly, piece, or tonnage. basis, except watchmen, chemists,
mill inspectors and cooperative students, and those who have since
quit or been discharged for cause, or have retired or who are re-
ceiving permanent disability compensation insurance from the
Aetna Life Insurance Company, to determine whether they. de-
sire to be represented by Square Deal Lodge #40, Amalgamated
Association of Iron, Steel and Tin Workers of North America,
affiliated with the Steel Workers Organizing Committee or by
Nickel Alloys Employees' Association, for the purpose of col-
lective bargaining, or by neither."
It Is Hereby Agreed by and between the parties that the names
of all employees who are on the payroll of the company as of
January 1, 1940 who are presently eligible to vote in the election
described in the direction above, are contained in the list attached
hereto and made a part hereof.
This agreement shall not be effective until approved by the
National Labor Relations Board. In the event it is approved, it
is agreed by and between the parties that the election shall be
held by the Regional Director of the National Labor Relations
Board in accordance with the memorandum this day executed
and agreed upon between the parties and attached hereto.
In the event the Board does not approve this stipulation then
it shall become null and void and the parties shall have all rights
and privileges in the same manner as if this stipulation had not
been executed and subscribed to by the undersigned.
954 DECISIONS OF. NATIONAL LABOR RELATIONS BOARD
.On January 22, 1940, the Board issued an order approving the
above stipulation and making it a part of the record in the case.
Upon the above stipulation and upon the entire record in the case,
the Board makes the following :
SUPPLEMENTAL FINDINGS OF FACT
1. THE QUESTION CONCERNING REPRESENTATION
Since the election of March 16, 1939, the Company has employed
over 350 additional employees who are entitled to representation in
the unit found to be appropriate for purposes of collective bargaining
in the Supplemental Decision of February 9, 1939, and in the unit
hereinafter found to be appropriate. The Lodge and the Association
each claim to represent a majority of the Company's employees pres-
ently within such appropriate unit. The Company is unwilling to
recognize either of these unions as the sole bargaining agency of em-
ployees in such unit unless and until such union is certified as such
representative by the Board.
We find that a question has arisen concerning representation of the
employees of the Company.
II. THE APPROPRIATE UNIT
. The parties by their above stipulation have redefined the unit ap-
propriate for collective bargaining purposes. We see no reason, in
view of this stipulation, for not finding the unit thus defined to be
appropriate. Accordingly, we find that all employees of the Company
at the Huntington plant who are paid on an hourly, piece, or tonnage
basis, except watchmen, chemists, mill inspectors, and cooperative
students, constitute a unit appropriate for the purposes of collective
bargaining, and that such unit will insure to employees of the Coin-
pany full benefit of the right to self-organization and -collective bar-
gaining and otherwise effectuate the policies of the Act.
III. THE DETERMINATION OF REPRESENTATIVES
The Lodge and the Association each claim to represent a majority
of the Company's employees in the appropriate unit. All parties have
stipulated that an election may be held. We are of the opinion that an
election by secret ballot is necessary to resolve the question concerning
representation which has arisen. In the stipulation the parties also
have fixed certain terms which they desire to have govern the election
hereinafter directed. We shall make our direction in accordance
therewith.
THE: INTERNATIONAL -NICKEL 'COMPANY, INC.- 955
Upon the basis of the above findings of fact, stipulation, and 'the
'entire record in the case, the Board makes the following:
SUPPLEMENTAL CONCLUSIONS OF LAW
.1. A question affecting commerce has arisen concerning the repre-
sentation of employees in the Huntington plant of The International
Nickel Company, Inc., within the meaning of Section 9 (c) and Section
2 (6) and (7) of the Act.
2. All employees of The International Nickel Company, Inc., at its
Huntington, West Virginia, plant who are paid on an hourly, piece,
or tonnage basis, except watchmen, chemists, mill inspectors, and co-
operative students, constitute a unit appropriate for the purposes
of collective bargaining, within the meaning of Section 9 (b) of the
Act.
ORDER
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 8, of National Labor Rela-
tions Board Rules and Regulations-Series 2, it is hereby
ORDERED that the Certification of Representatives heretofore issued
on November 9, 1939, in this case, be, and it hereby is, vacated.
THIRD 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, it is hereby
DIRECTED that, as part of the investigation ordered by the Board to
ascertain representatives for the purpose of collective bargaining with
The International Nickel Company, Inc., Huntington, West Virginia,
an election by secret ballot be conducted not later than February 15,
1940, under the direction 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 the employees of The International
Nickel Company, Inc., at its Huntington, West Virginia, plant who
were employed by it during pay-roll period immediately preceding
January 1, 1940, who are paid on an hourly, piece, or tonnage basis,
except watchmen, chemists, mill inspectors, and cooperative students,
and those who have since quit or been discharged for cause, or have
956 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
retired or who are receiving permanent disability compensation insur-
ance from the Aetna Life Insurance Company, to determine whether
they desire to be represented by Square Deal Lodge No. 40, Amal-
gamated Association of Iron, Steel and Tin Workers of North America,
Affiliated with the Steel Workers Organizing Committee, or by Nickel
Alloys Employees' Association, for the purpose of collective bargain-
ing, or by neither.