Union Iron Works

National Labor Relations Board - Board Decisions

Apr 25, 1946

67 N.L.R.B. 772 (N.L.R.B. 1946)

In the Matter of UNION IRON WORKS and UNITED STEELWORKERS OF
AMERICA, CIO
Case No. 6-R-1340.-Decided April Q5, 1946
Mr. W. Pitt Gifford, of Erie , Pa., for the Company.
Mr. John W. Grajciar , of Sharon , Pa., and Mr. John H. Graney, of
Erie, Pa., for the CIO.
Mr. Walter M . Appleby, of Media, Pa., and Mr. Robert Camp, of
Erie, Pa., for the AFL.
Mr. Phil E. Thompson, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by United Steelworkers of America, CIO,
herein called the CIO, alleging that a question affecting commerce had
arisen concerning the representation of employees of Union Iron
Works, Erie, Pennsylvania, herein called the Company, the National
Labor Relations Board provided for an appropriate hearing upon
due notice before Joseph Lepie, Trial Examiner. The hearing was
held at Erie, Pennsylvania, on March 6, 1946. The Company, the
CIO, and the International Brotherhood of Boilermakers, Iron Ship
Builders and Helpers of America, AFL, herein called the AFL,
appeared and participated. 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
1. THE BUSINESS OF THE COMPANY
Union Iron Works is a Pennsylvania corporation engaged in the
manufacture of boilers, pressure vessels, and other steel fabricated
products at its plant in Erie, Pennsylvania. During the year 1945,
67 N. L. R. B, No. 99.
772
UNION IRON WORKS 773
the Company purchased raw materials valued in excess of $400,000, of
which approximately 85 percent was shipped to its Erie plant from
points outside the Commonwealth of Pennsylvania. During the same
period the Company's finished products were valued in excess of
$1,000,000, over 90 percent of which was shipped outside the Com-
monwealth of Pennsylvania.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
United Steelworkers of America is a labor organization, affiliated
with the Congress of Industrial Organizations, admitting to member-
ship employees of the Company.
International Brotherhood of Boilermakers, Iron Ship Builders
and Helpers of America, is a labor organization, affiliated with. the
American Federation of Labor, admitting to membership employees
of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
Pursuant to a consent election on July 17, 1941, the AFL was certi-
fied as the exclusive bargaining representative of a plant-wide unit
of production and maintenance employees. On June 17, 1944, the AFL
and the Company signed a written bargaining contract which, by its
terms, was to continue in force for a period of 1 year, and from month
to month thereafter until either party should give 30 days' notice of
its intention to terminate or modify the agreement. On November 5,
1945, the AFL gave the Company written notice of its desire to
negotiate a new contract.
On December 21, 1945, the Company received a written request from
the CIO for recognition as the exclusive bargaining representative
of its production and maintenance employees. The Company replied
that its contract with the AFL precluded such recognition, whereupon,
on January 16, 1946, the CIO filed its petition herein. On February
26, 1946, the Company and the AFL signed a new contract, which the
AFL now seeks to interpose as a bar to this proceeding.
We find that neither the contract of June 17, 1944, nor the contract
of February 26, 1946, bars a present determination of representatives
inasmuch as the former was subject to termination by either party
upon 30 days' notice after June 17, 1945, and the latter was executed
subsequent to the claim and petition of the CIO.'
A statement of a Board agent, introduced into evidence at the
1 Matter of Maianeapolzs Honeywell Regulator Company, 62 N. L R B 808 , Matter of
West Virginia Coal it Coke Corporation, 64 N L R, B 767,
774 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
hearing, indicates that the CIO represents a substantial number of
employees in the unit hereinafter found 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 APPROPRIITE UNIT
The parties are in substantial agreement that the appropriate unit
should consist of all hourly paid production and maintenance em-
ployees, excluding office clerical and supervisory employees. The CIO.
however, seeks to include the powerhouse employees, janitors, watch-
men and guards, shop clerks and storeroom keepers in the unit; the
AFL and the Company would exclude the disputed employees upon
the ground that they have been excluded from the production and
maintenance unit established in their prior bargaining agreements.
We agree with the contention of the Company and the AFL. Inas-
much as the disputed employees were, in fact, excluded from the unit
in earlier bargaining agreements, we do not deem it necessary to deter-
mine whether or not these groups could effectively bargain in the unit
petitioned for, and we see no reason why we should not adhere to our
usual practice and not disturb the unit established in the collective
bargaining relations between the Company and the AFL. Accord-
ingly, we shall exclude these disputed categories. However, our find-
ing in this respect shall not preclude a later determination based upon
a new petition and a sufficient showing of representation, that these
employees may be offered an opportunity to vote as to their inclusion
in the unit herein found appropriate.,
We find that all hourly paid production and maintenance employees
of the Company at its Erie, Pennsylvania plant, but excluding power-
house employees, storeroom keeper, watchmen, guards, janitors, shop
clerks, office clerical, and all or 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.
V. THE DETERMINA'1ION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among employees
'The Field Examiner reported that the CIO submitted 55 authorization cards There
are approximately 105 employees in the appropriate unit.
The AFL relies on its contract with the Company for its interest in this proceeding
s Matter of American Cyanamid & Chemical Corporation, 62 N L R B 925 , Matter of
Petersen & Lytle, 60 N. L. R. B. 1070.
UNION IRON WORKS 775
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 Actr and pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 3, as amended, it is
hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives fo'r the purposes of collective bargaining with Union Iron Works,
Erie, Pennsylvania, 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 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
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 those em-
ployees who have since quit or been discharged for cause and have not
been rehired or reinstated prior to the date of the election, to deter-
mine whether they desire to be represented by the United Steelworkers
of America, CIO, or by International Brotherhood of Boilermakers,
Iron Ship Builders and Helpers of America, AFL, for the purposes
of collective bargaining, or by neither.