Walworth Co.

National Labor Relations Board - Board Decisions

Sep 14, 1942

43 N.L.R.B. 1368 (N.L.R.B. 1942)

In the Matter Of WALWORTH COMPANY and UNITED STEELWORKERS OF
AMERICA, C,. I. O.
Case No. R-4159.-Decided September 14, 19.4
Jurisdiction : valve and pipe manufacturing industry
Investigation and Certification of Representatives : existence of question: re-
' fusal td accord petitioner recognition ; election necessary.
Unit Appropriate for Collective Bargaining : pattern makers and apprentices at
one of Company's plants per initted to determine whether or not they should
constitute part of a production and maintenance unit.
Mr. E. H. Briggs, of Greensburg, Pa., for the Company.
Mr. Sylvan Libson, of Pittsburgh, Pa., and Mr. Andrew G. Ferrari,
of Greensburg, Pa., for the U. S. A.
Mr. William C. Baisinger, Jr., of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION,
Upon petition duly filed by Steel Workers Organizing Committee,
C. I. 0., herein called the S . W. O. C., alleging that a question affectiiig
commerce had arisen concerning ' the representation of employees of
Walworth Company, Greensburg , Pennsylvania , herein called the
Company, the National Labor Relations Board provided for an ap-
propriate hearing upon due notice before W. G. Stuart Sherman, Trial
Examiner. ' Said hearing was held at Greensburg , Pennsylvania, on
August 14 , 1942. The Company and United Steelworkers of America,
herein called the U. S. A., - appeared , participated , and were afforded
full opportunity to be heard , to examine and cross -examine witnesses,
and to introduce evidence bearing on the issues . The U. S. A. moved,
without objection , that, it be substituted as the successor to the S. W.
O. C. in this proceeding . The Trial Examiner referred the motion
to the Botird . The motion is hereby granted . The Trial Examiner's
rulings made at the hearing are free from prejudicial error and are,"
hereby affirmed. .
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
I. TIIE BUSINESS OF TIIE COMPANY
Walworth Company, a Massachusetts corporation, operates plants
in five different States and is engaged in the manufacture and assembly
43 N L. R. B, No 214
1368
WALWORTH COMPANY 1369
of numerous types of valves, pipe fittings, pipe tools, cast iron pipe,
and other similar products. During the year 1941, the business of the
Company exceeded $15,000,000. The Company's Greensburg, Penn-
sylvania, plant, which is the only plant here involved, comprises 30
departments, including a pattern shop and five foundries. The prin-
cipal raw materials used at this plant, consisting of iron and steel
scrap, coal, oil, and brass, had a value in excess of $1,500,000 in 1941.
Approximately 70 percent of these raw materials were derived from
points outside the Commonwealth of Pennsylvania. Approximately
90 percent of the finished products of the Greensburg plant are shipped
to points outside the Commonwealth of,, Pennsylvania. The Company
employs approximately 2,000 employees at its Greensburg plant. The
Company admits that it is engaged in interstate commerce, within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
United Steelworkers of America is a labor organization affiliated
with the Congress of Industrial Organizations. It admits to mem-
bership employees of the Company.
]II. THE QUESTION CONCERNING REPRESENTATION
The Company refuses to recogni4e the U. S. A. as exclusive bargain-
ing agent for a unit including, among others, the pattern makers and
their apprentices, for the ieason that the Pattern Makers Association
of Pittsburgh, affiliated with the A. F. of L., herein called the P. M. A.,
had been certified by the Board as the exclusive bargaining agent for
the Company's pattern makers on April 9, 19401 The U. S. A. desires
that the employees in the Company's pattern-making department be
merged in a larger unit of production and maintenance workers of the
Company for which the U. S. A. is the certified representative.2
The pattern-shop employees of the Company are not, at the present
time, represented by any labor organization: A letter dated February
6, 1942, from Paul A. Garies, Business Manager and Financial Secre-
tary of the P. M. A., addressed to a Field Examiner of the Sixth
Region of the Board, introduced in evidence, states that,the P.' M. A.
does not claim to represent the pattern makers employed by the Com-
pany at its Greensburg, Pennsylvania, plant.
IMatter of Walworth Company and Pattern Makers League of North America (A. F.
ofL),22N L R B.815
1Matter of Walworth Company and Pattern Makers Association of Ptittsbuigh and
Vicinity , Pattern Makers League of N. A., affiliated withthe A. F. of L.; Matter of Wal-
u,orth Company and Steel Workers Organizing Committee on behalf of the A . A I. S. T.
of N A., 15 N L R B. 53.
1370 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
'A statement of the Regional Director , introduced in evidence, shows
that the U . S. A. represents a substantial number of the employees in
the Company's pattern shop.3
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 U\IT; THE Dr'.TI?iiDll\.^'rION OF REPUESE\T-1'L'LVES
The Company and the U. S. A. agree that a unit consisting of all
production and maintenance employees of the, •Company, ,including
metal pattern makers, wood pattern makers, and their apprentices, but
excluding supervisors and clerical employees, is appropriate. Except
for the inclusion of the pattern-shop employees, this is the unit for
which the U. S. A. is now the recognized representative.4 The parties
stipulated that the work of the pattern makers and the other employees
in the pattern-making department is interrelated and closely asso-
ciated with the work of the various production and maintenance em-
ployees throughout the plant.
We are of the opinion and find that the pattern ;shop employees of
the Company, whom the U. S. A. desires to have added to the produc-
tion and ffnaintenance unit which it now represents, may properly form
part of said unit if the employees so desire. In view of the absence
of any question concerning representation among the employees in the
original production and maintenance unit, we shall direct that a sep-
arate election be held only among the employees in the Company's-
pattern shop wherein a question concerning representation has arisen.
,If •the pattern-shop employees select the U. S. A. they will thereby
have indicated their desire to be included in a unit with the general
production and maintenance group and will be part of such unit. We
shall accordingly direct that the question concerning representation'
which has arisen be resolved by an election by secret ballot among
the pattern makers and their apprentices who were employed during
the pay-roll period ending August 10, 1942, the eligibility date agreed
upon by the parties, subject to the limitations and additions set forth
in the -Direction.
3 The Regional Duectoi ' s statement shows that the S . W 0 C., now the U S A , sub-
mitted to hun 24 signed statements bearing the names of persons employed in the pattern
shop of the Company , stating that the signets desire to resign from the Pattern Makers
Association for the purpose of joining the S W. 0 C . All signatures affixed to said
forms appear to be genuine ouguial signatures and were witnessed Twenty-two of said
genuine si gnatures aie names of persons whose names aie on the Company 's pay roll of
July 10. 1942 There are 38 employees in the pattern shop At the hearing, the U. S. A.
presented 30 membership cards and two dues caids, which the parties stipulated were
those of persons employed in the Company ' s patlein shop
4 See footnote 2, sepia
WALWORTH COMPANY 1371
Inasmuch as the P. iVI. A. appears to have disclaimed any interest
in the present case, we shall not at this time place that organization
on the ballot ; however, since it was certified as the representative of
.the employees here involved, we shall amend our Direction of Election
to accord it a place on the ballot in the event it notifies the Regional,
Director within 5 days of the date of our Decision and Direction of
Election, that it desires to participate'in the election.
DIRECTION OF ELECTION
By virtue of and pursuant to the power yested in the National Labor
Relations Board by Section, 9 (c) of the National Labor Relations
Act, 49 Stat. 449, and pursuant to Article III, Section 8, of National
Labor Relations Board Rules and Regulations-Series 2, as amended,
it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Walworth Com-
pany, Greensburg, 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,
Section 9, of said Rules and Regulations, among the pattern makers
and their apprentices who were employed by the Company at its
Greensburg, Pennsylvania, plant; during the pay-roll period ending
August 10, 1942,-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 tem-
porarily,laid off, but excluding supervisors, clerical employees, and
employees who have since quit or been discharged for cause, to de-
termine whether or not they desire to be represented by United Steel-
workers of America, affiliated with the Congress of Industrial Organi-
zations,-for the purposes of collective bargaining.
Mu. GERARD D. Rl.rr Lv took no part in the consideration of the
above Decision and' Direction of Election.
f