Virginia-Lincoln Corp.

National Labor Relations Board - Board Decisions

Aug 28, 1945

63 N.L.R.B. 590 (N.L.R.B. 1945)

In the Matter Of VIRGINIA-LINCOLN CORPORATION and DISTRICT 50,
UNITED MINE WORKERS OF AMERICA
Case No: 5-R-1893.-Decided August 28, 1945
Mr. William, A. Stuart, of Abingdon, Va., for the Company.
Mr. Yelverton Cowherd, of Washington, D. C., Mr. J. Carl Bancli,
of Knoxville, Tenn., and Mr. J. M. Patrick, of Kingsport, Tenn., for
the U. M. W. A.
Mr. Fred G. Koenig, Sr., of Birmingham, Ala., Mr. George Pen-
nell, of Asheville, N. C., and Mr. Lewis J. Hutton, of Marion, Va., for
the A. F. L.
Mr. Stanley B. Korengold, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by District 50, United Mine Workers of
America, herein called the U. M. W. A., alleging that a question affect-
ing commerce had arisen concerning the representation of employees
of Virginia;Lincoln Corporation, Marion, Virginia, herein called the
Company, the National Labor Relations Board provided for an ap-
propriate hearing upon due notice before George L. Weasler, Trial
Examiner. Said hearing was held at Marion, Virginia', on June 27,
1945. The Company, the U. M. W. A., and Local #3169, United
Brotherhood of Carpenters and Joiners of America, A. F. L., herein
called the A.' F. L., 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. At the
hearing the A. F. L. moved to dismiss the petition on the ground that
its prior certification by the Board and its existing contract with the
Company constitute a bar to this proceeding. For reasons hereinafter
stated, the said motion is hereby denied. The Trial Examiner's rul-
ings made at the hearing are free from prejudicial error and are hereby
affirmed. All parties were afforded an opportunity to file briefs with
63 N. L R . B., No. 94.
590
VIRGINIA-LINCOLN CORPORATION 591
the Board. The request for oral argument filed by the A. F. L. is
hereby denied.
Upon the entire record in the case, the Board makes the following :
FINDINGS Or FACT
1. THE BUSINESS OF THE COMPANY
The Virginia-Lincoln Corporation, a Virginia corporation, with
its principal office and place of business located at Marion, Virginia,
is engaged in the business o-f enclosuring and reinforcing moulded
plastic articles that are used as parts of radar equipment. The only
plant involved in this proceeding is the plant located at Marion, Vir-
ginia. During the year 1944, the Company purchased raw materials
consisting of fabrics, plastics, canvas, woven glass, cloth, and muslin,
amounting to approximately $3,000,000, 95 percent of which was
purchased and shipped to the Company from points outside the State
of Virginia. During this sane period, the Company sold radar equip-
ment parts amounting to approximately $5,000,000, all of which were
shipped to points outside the State of Virginia. The Company is
engaged 100 percent in the manufacture of war materials.
The Company admits that it is engaged in commerce within the
mewling of the National Labor Relations Act.
II. TI FE ORGANIZATIONS INVOLVED
District 50, United Mine Workers of America, is a labor organiza-
tion admitting to membership employees of the Company.
Local Union #3169, United Brotherhood of Carpenters and Joiners
of America, affiliated with the American Federation of Labor, is a
labor organization admitting to membership employees of the Com-
pany.
III. TILE QUESTION CONCERNING REPRESENTATION
On November 23, 1943, the Company and the A. F. L. entered into
a collective bargaining contract to be effective until June 30, 1945, and
to continue thereafter from year to year unless written notice of a,
desired change is given by either party 30 days prior to any expiration
date of the contract. In January 1945, the Company and the A. F. L.
commenced negotiations for a new collective bargaining agreement,
and on January 29, 1945, consummated a new contract to be effective
immediately and terminable June 30, 1946. This latter contract, de-
claring null and void the prior 1943 contract, embodied generally
the sane provisions as the 1943 contract, except that it provided for
an upward revision of the wage scale. On March 19, 1945, the
IT. M. W. A. informed the Company that it represented a majority
592 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
of the Company's employees, and desired recognition as their collec-
tive bargaining representative. The Company, however, has refused
to recognize the U. Al. W. A., contending that the contract of January
29, 1945, which superseded the contract of November 23, 1943, con-
stitutes a bar to a present determination of representatives.
We have frequently stated, however, that the premature extension
of a contract of reasonable duration for another like period does not
operate as a bar to a claim of representation made prior to the expira-
tion date of the extended contract. Nor does the application of the
foregoing principle depend, as the Company contends, upon knowl-
edge by the contracting parties at the time of their premature exten-
sion of the contract that another union is organizing or claims to rep-
resent the employees covered by the contract. To hold otherwise
would seriously impair the right of the employees to select a new
bargaining representative at reasonable intervals, if they so desire.'
Accordingly, we are of the opinion that the contract of January 29,
1945, does not constitute a bar to a present determination of repre-
sentatives.
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that the Union represents a substantial number of em-
ployees in the unit hereinafter found 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
We find, in substantial accord with a stipulation of the parties, that
all production and maintenance employees, including watchmen, but
excluding office and clerical workers, engineers, foremen, and all super-
visory 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 DETERMINATION OF REPRESENTATIVES
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-
1 Matter of Sherwsn - Williams Company, 54 N L. R. B . 660; Matter of Memphis Furni-
ture Mfg Company , 51 N L . R B 1447.
1 The Field Examiner reported that out of 950 employees in the unit petitioned for, the
U. M W. A submitted 617 application for membership cards They were all dated March
1945.
The A F . L relies upon its contract with the Company as evidence of its interest in this
proceeding.
VIRGINIA-LINCOLN CORPORATION 593
roll period immediately preceding the date of the Direction of Election
herein, subject to the limitations and additions set forth in the Direc-
tion.
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 Relations
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 Virginia-Lincoln
Corporation; Marion, Virginia, 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 Fifth 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 em-
ployees in the unit found appropriate iii 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 date of the election, to determine
whether they desire to be represented by District 50, United Mine
Workers of America, or Local Union #3169, United Brotherhood of
Carpenters and Joiners of America, A. F. L., for the purposes of col-
lective bargaining, or by neither.
CHAIRMAN HERZOG took no part in the consideration of the above
Decision and Direction of Election.