The Superheater Co.

National Labor Relations Board - Board Decisions

Oct 8, 1942

44 N.L.R.B. 947 (N.L.R.B. 1942)

In the Matter of THE SUPERHEATER COMPANY and UNITED STEEL-
WORKERS OF AMERICA, LOCAL 1386
Case No. R 4310.Decided October 8, 1940 ,
Jurisdiction: locomotive superheater manufacturing industry.
Investigation and Certification of Representatives : existence of question: re-
refusal to accord union recognition; election necessary.
Unit Appropriate for Collective Bargaining : production and maintenance em-
ployees excluding foremen, assistant foremen, salaried clerical employees,
confidential employees, watchmen, and employees in the engineering depart-
ment. -
Fyffe & Clarke, by Mr. Albert J. Smith, of Chicago, Ill., for the
Company.
Mr. John J. Brownlee, of Chicago, Ill., and Mr. Norman L. Harris,
of East 'Chicago; Ind., for the Union.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition and amended petition duly filed by United Steel-
workers of America, Local 1386, herein called the Union, alleging
that a question affecting commerce had arisen concerning the rep-
resentation of employees of The Superheater Company, East Chi-
cago, Indiana, herein called the Company, the National Labor Rela-
tions Board provided for an appropriate hearing upon due notice
before -Leon 'A.' Rosell, Trial> Examiner. 'Said hearing was, held at
Chicago, Illinois, on September 25, 1942. The Company and the
Union appeared, participated, and were afforded full opportunity
to be heard, to examine and cross-examine witnesses and to intro-
duce evidence bearing on the issues. The Trial Examiner's rulings
made -at the hearing are free from prejudicial error, and are hereby
affirmed.
44 N., L. R. B., No. 180.
947
948 DECISIONS OF NATIONAL LABOR, RELATIONS BOARD
Upon the entire record in the case, the Board makes the following
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
The Superheater Company is a Delaware corporation with its
principal place of business at East Chicago, Indiana, where it is
engaged in the manufacture of superheaters, pumps, and injectors for
locomotives. During the 6-month period ending June 30, 1942, the
Company purchased raw materials valued in excess of $250,000, over
50 percent of which was shipped to it from outside Indiana. Dur-
ing the same period the Company sold finished products valued in
Excess of $500,000, over 50 percent of which was shipped out of
Indiana. The Company admits that it is engaged in commerce within
the meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
United Steelworkers of America, Local 1386, is a labor organiza-
tion affiliated with the Congress of Industrial Organizations, admit-
ting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
During August 1942, the Union requested the Company to recognize
it as the exclusive representative of the Company's-employees.- The,
Company refused this request- stating that it doubted the Union's
clai n to a majority.
- A statement of the Regional Director, introduced into evidence
during the hearing, indicates that,the Union represents a substantial
number of the employees 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 Setcion 9 (c), and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
The Union urges that all production and maintenance employees
of the Company, excluding foremen, assistant foremen, salaried cleri-
cal employees, confidential employees, watchmen, and employees in
the engineering department, constitute a unit appropriate for the
'The Regional Diiector repotted that the Union presented 417 membership application
cards bearing apparently genuine signatures of persons whose names appear on the Com-
pany's pay roll of August 21, 1942 . There are. approximately 685 employees in the unit
hereinafter found to be appropriate.
THE, SUPERHEATER COMPANY 949
purposes of collective bargaining. The only controversy with respect
to the unit concerns employees in the engineering department. The
Union urges that such employees be excluded from the unit and the
Company that they be included.
The Company has a department designated by it' as production
engineering.-- There are .74 employees in this department, 5 of whom
are mechanical -engineers and the remainder draftsmen. These em-
ployees work in an office building separated from the production
plant, and are paid on a monthly basis in contrast to the production
-employees who are paid on an hourly rate. None of these employees
has ever been solicited by the Union, nor are they members of it.
Under all the circumstances, we shall exclude the employees in the
'engineering department from the unit.
We find that all production and maintenance, employees of the
Company, excluding foremen, assistant foremen, salaried clerical em-
ployees, confidential employees, watchmen, and employees in the
engineering department, constitute a unit appropriate for the pur-
poses 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
employees in the appropriate unit who were employed during the
pay-roll period immediately preceding the date of the Direction of
Electibn 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 Re-
lations Act, and pursuant to Article III, Section 8, of National Labor
Relations Board Rules and Regulations-Series 2, as amended, it is
hereby
DIRI0TED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with The Superheater
Company, 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 direction and supervision
of the Regional Director for the Thirteenth Region, acting in this
matter as agent for the National Labor Relations Board, and subject
to Article Section 9;,-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
950 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
date of this Direction, including any such employees who did not
work during said pay-roll period because they were ill or on vacation
or in the active military service or training of the United States, or
temporarily laid off, but excluding any who have since quit or been
discharged, for cause, to determine whether or not they desire to be
represented by United Steelworkers of America, Local 1386, affiliated
with. the Congress of Industrial Organizations, for the purposes ,of
collective bargaining.
Mn. WM. M. LEISERSON took no part in the consideration of the
above Decision and Direction of Election.
ti