United States Pipe and Foundry Co.

National Labor Relations Board - Board Decisions

Feb 11, 1946

65 N.L.R.B. 979 (N.L.R.B. 1946)

In the Matter Of UNITED STATES PIPE AND FOUNDRY COMPANY and
UNITED STEELWORKERS OF AMERICA (CIO)
Case No. 10-R-1593-Decided February 11, 1946
Messrs. H. W. Anderson and D. W. Schmidt, of Chattanooga, Tenn.,
for the Company.
Messrs. H. G. B. King and J. C. Stafford, of Chattanooga, Tenn.,
for the CIO.
Mr. Shelly Walden, of Cincinnati, Ohio, and Mr. W. G. Kissinger,
of Chattanooga, Tenn., for the Molders.
Mr. W. D. Sivley, of Chattanooga, Tenn., for the IAM.
Mr. 0. K. Garrett, of Chattanooga, Tenn., for the IBEW.
Mr. George S. Reynolds, of Chattanooga, Tenn., for the Pattern
Makers.
Mr. Sidney Grossman, 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 com-
merce had arisen concerning the representation of employees of United
States Pipe and Foundry Company, Chattanooga, Tennessee, herein
called the Company, the National Labor Relations Board provided
for an appropriate hearing upon due notice before Dan M. Byrd, Jr.,
Trial Examiner. The hearing was held at Chattanooga , Tennessee,
on October 15, 1945. The Company, the CIO, the International
Molders and Foundry Workers Union of North America, AFL, herein
called the Molders, the International Association of Machinists, Lodge
56, herein called the IAM, the International Brotherhood of Electrical
Workers, Local Union B-1396, AFL, herein called the IBEW, and the
Pattern Makers League of North America, AFL, herein called the
Pattern Makers, 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 Examin-
er's rulings made at the hearing are free from prejudicial error and
65 N. L . R. B., No. 173.
979
980 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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. TIIE BUSINESS OF THE COMPANY
United States Pipe and Foundry Company, a New Jersey corpora-
tion, with principal offices at Burlington, New Jersey, and various
branch offices and plants in different States, is licensed 'to do business
in the State of Tennessee. This proceeding is concerned with the
Company's Chattanooga, Tennessee, plant, where it is engaged in the
manufacture and sale of cast iron and pipe fittings. During the past
year, the Company purchased raw materials, consisting of pig ' iron and
scrap iron, valued in excess of $1,000,000; all of its pig iron and a
substantial part of its scrap iron was secured from sources outside the
State of Tennessee. During the same period, the Company' s sales
exceeded $1,000,000 in value, of which approximately 98 percent was
shipped to points outside the State of Tennessee.
We find that the Company is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
United Steel Workers of America is a labor organization, affiliated
with the Congress of Industrial Organizations, admitting to member-
ship employees of the Company.
International Association of Machinists, Lodge 56, is a labor or-
ganization, admitting to membership employees of the Company.
International Molders and Foundry Workers Union of North
America, International Brotherhood of Electrical Workers, Local
Union B-1396, and Pattern Makers League of North America, are
labor organizations, affiliated with the American Federation of Labor,
admitting to membership employees of the Company.
III. TIIE QUESTION CONCERNING REPRESENTATION
The Company refuses to accord the CIO recognition as the exclusive
bargaining representative of certain of its employees.'
I On September 23, 1943, the Company and the Molders entered into an exclusive collec-
tive bargaining contract which substantially covers the employees here sought by the CIO
and continues for a period of 1 year, and yearly thereafter , unless either party notifies
the other of a desire to modify or terminate the contract not less than 30 days prior to the
anniversary date. Although it is not clear whether the Company now urges the contract
as a bar, inasmuch as the CIO filed its petition on August 18, 1945, prior to the operative
date of the renewal clause , the Company ' s 1943 contract with the Molders does not pre-
clude a present determination of representatives
UNITED STATES PIPE AND FOUNDRY COMPANY 981
A statement of a Board agent, introduced into evidence at the
hearing, indicates that the CIO 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
The CIO and the Molders each seeks to represent the production
and maintenance employees of the Company at its Chattanooga, Ten-
nessee, plant, excluding office and technical employees, the superin-
tendent, the assistant superintendent, non-working foremen, and
employees in units currently represented by the IAM, the Pattern
Makers, and the IBEW. The Company is in substantial accord with
the composition of the unit. A dispute has arisen with respect to the
inclusion or exclusion of the categories hereinafter discussed.
1Vatclzmen. The Molders would include, and the Company and
the CIO would exclude, the watchmen who essentially are concerned
with plant protection. They are deputized and, as part of their
duties, maintain order and discipline about the plant. Inasmuch as
they perform monitorial duties and have not been included in the prior
contract unit, we shall exclude the watchmen from the unit.3
Working foremen. The Molders would include, and the CIO would
exclude, the two employees 4 who temporarily occupy the status of
working foremen during the absence of regular foremen inducted into
the army. Normally, these employees have been represented by the
Molders, as ordinary production and maintenance employees. While
acting in the capacity of working foremen, like other foremen in the
plant, they may effectively recommend changes in the status of em-
ployees under their supervision. Inasmuch as they possess super-
visory authority within the meaning of the Board's customary defi-
nition, we shall exclude the working foremen from the unit.
Laborers. Although the IAM does not admit colored employees to
membership, it urges that all laborers in the machine shop, regardless
of color, be excluded from the unit for the reason that such employees
fall within its jurisdiction. The CIO and the Molders oppose the
exclusion of these employees. The record discloses that laborers
'The Trial Examiner reported that the CIO submitted 253 authorization cards, of
which 169 represented the names of persons appearing on the, Company's pay roll of
August 21, 1945 ; there are approximately 361 employees in the alleged appropriate unit.
The Molders relies upon its contract with the Company as evidence of its representation
interest.
' See Matter of Columbian Paper Company, 60 N. L. R B. 1201.
4 Charles Walker and Leon Ramsey.
982 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
throughout the plant, including colored laborers in the machine shop,
have been represented by the Molders as part of its contract with the
Company. Although such employees are not specifically included
within the coverage of the IAM's contract with the Company, the IAM
has represented the one white laborer in the machine shop. The Act
does not permit any distinction between employees by reason of color,5
and inasmuch as laborers, as a class, have been represented by the
Molders throughout the plant, we shall include all laborers in the,
machine shop in the production and maintenance unit.
Blacksmith's helper. The CIO and the Molders would include the
blacksmith's helper who, until recently, had been employed in the
cement lining shop. The IAM, who represents the blacksmith,
requests that the blacksmith's helper be excluded from the production
and maintenance unit for the reason that he now falls within its juris-
diction. The blacksmith and the blacksmith's helper work in a small
building outside the machine shop under the supervision of the
machine shop foreman. It is apparent that the blacksmith's helper,
as such, is more appropriately included in the same unit as the black-
smith; we shall therefore exclude him from the unit.
We find that all production and maintenance employees 6 of the
Company at its Chattanooga, Tennessee, plant, including laborers in
the machine shop, but excluding watchmen, the blacksmith and his
helper, office and technical employees, electrical department employ-
ees, pattern makers and pattern maker apprentices, machine shop
employees (except laborers), the superintendent, the assistant super-
intendent, foremen, working foremen, 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 rec-
ommend 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
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among 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.
6 See Matter of Columbian Iron Works , 52 N. L . R B. 370; Matter of Southern Wood
Preserving Company, 37 N. L. R. B . 25, and cases cited therein.
6 Falling within this category are pattern shop helpers, pattern storage men, laborers,
and carpenters, who work under the supervision of the pattern shop foreman ; the
Pattern Makers concurs with the inclusion of these employees in the production and main-
tenance unit inasmuch as they do not fall within its specific craft jurisdiction. Although
pattern storage men nominally are covered by the IAM's contract with the Company, the
IAM does not oppose their inclusion in the unit
UNITED STATES PIPE AND FOUNDRY COMPANY 983
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 III, Section 9, of National Labor Rela-
tions Board Rules and Regulations-Series 3, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with United States Pipe
and Foundry Company, Chattanooga , Tennessee, 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 Tenth 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 Regula-
tions, 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 vaca-
tion 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 employees who have since quit or been
discharged for cause and have not been rehired or reinstated prior to
the date of the election , to determine whether they desire to be repre-
sented by United Steelworkers of America ( CIO), or by Molders and
Foundry Workers Union of North America, affiliated with the Ameri-
can Federation of Labor , for the purposes of collective bargaining, or
by neither.