Worthington Pump and Machinery Corp.

National Labor Relations Board - Board Decisions

Oct 3, 1942

44 N.L.R.B. 779 (N.L.R.B. 1942)

In the Matter Of . WORTIIINGTON PUMP AND MACHINERY CORPORATION?
MOORE STEAM TIIRBINE DIVISION and INTERNATIONAL ASSOCIATION
OF MACHINISTS , LODGE 1580, A. F. of L.
Case No. R-4283.-Decided October 3, 1942
Jurisdiction : steam 'turbine manufacturing industry.
Investigation and Certification of Representatives : existence of question: re-
fusal to accord petitioner recognition until certified by the Board; election
necessary.
Unit Appropriate for Collective Bargaining : production and maintenance em-
ployees at one of Company's plants, including group leaders, receiving and
shipping clerks -,exclusive of a superviso'r'y clerk, storeroom attendants, and
all expediters, but excluding executives, foremen, assistant foremen, office
employees, storeroom ledger clerks, plant guards, technical employees con-
sisting of employees in the engineering department and time-study experts,
and truck drivers.,
Mr. Peter J. Crotty, for the Board.
Mr. M. D. Church, and Mr. George P. Passmore, of Wellsville,
N. Y., for the Company.
Mr. Ernest C. Carlson, of Jamestown, N. Y., and Mr. John Apsey,'
and Mr. Thomas Barnes, of Wellsville, N. Y., for the A. F. of L.
Mr. Joseph P. Molony, of Buffalo, N. Y., for the C. I. O.
Mr. Oscar Geltman, of counsel to the Board.
DECISION
AND
DIRECTION"OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by International Association of Machin-
ists, Lodge 1580, A. F. of L., herein called the A. F. of L., alleging
that a question affecting commerce had arisen concerning the repre-
sentation of employees of Worthington Pump and Machinery Corpo-
ration, Moore Steam Turbine Division, Wellsville, New York, herein
called the Company, the National Labor Relations' Board provided
for an appropriate hearing ;upon' due notice before Francis V. Cole,
Trial Examiner. Said hearing was held at Wellsville,'New-York, on
September 8, 1942. The Company, the A. F. of L., and United
44 N. L. R. B., No. 149.
779
1
Z80 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Steelworkers of America, C. I. 0., appeared, participated, and were
afforded full opportunity to be heard, to examine and cross-examine
witnesses, and to introduce evidence hearing on the issues. 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
1. THE BUSINESS OF THE COMPANY
Worthington Pump and Machinery Corporation, Moore Steam
Turbine Division, is a Delaware corporation engaged in the manu-
facture of steam turbines at its plant in Wellsville, New York. From
'August 1, 1941, to July 31, 1942, the Company used at that plant raw
materials valued at more than $50,000, of which' approximately 80
percent was shipped to it from points outside the State of New York.
During, the same period the Company manufactured at the said plant
finished products valued at more than $50,000, of which approximately
95 percent was shipped to points outside the State of New York. -
The company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
International Association of Machinists, Lodge 1580, is a labor
organization affiliated with the American Federation of Labor,
admitting to membership employees of the Company.
United Steelworkers of America is a labor organization affiliated
with the Congress of Industrial Organizations, admitting to mem-
bership employees of the Company.'
III. THE QUESTION CONCERNING REPRESENTATION
On July 13, 1942, representatives of the A. F. of L. conferred with
a representative of the Company and requested recognition of the
A. F. of L. as the bargaining' agency for employees at the Wellsville,
New York, plant of the Company._, The Company 'representative
stated that he would not grant such recognition, but would be willing
to accept a Board-certification.
A statement by' the. Board's- Field Examiner, dated 'August 25,
1942, which was introduced into evidence, indicates-that the A. F. of L.
I United Steelworkers of America, C. I. 0, withdrew from the proceedings during the
course of the hearing.
WORTHINGTON PUMP AND MACHINERY CORPORATION 781
represents a substantial number of the Company's employees' 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
The A. F. of L. and the Company agree that production and main-
tenance employees in the Company's plant at Wellsville, New York,
including group leaders, receiving and shipping clerks exclusive of a
supervisory clerk, and storeroom attendants, but excluding executives,
office employees, foremen, and storeroom ledger clerks, constitute an
appropriate unit for the purposes of collective bargaining.
The A. F. of L. contends that technical employees, consisting of
employees in the engineering department find time-study experts,
plant guards ,3 and truck drivers should be excluded from the unit;
and the Company does not object to the exclusion of these employees.'
We shall exclude these categories from the unit.
The A. F. of L. contends that assistant foremen and expediters
should be included in the unit. The Company objects to the inclusion
of assistant foremen. It agrees to the inclusion of some of the ex-
pediters, but contends that certain other expediters should not be in-
cluded in the unit.
Assistant foremen have the right to hire and discharge, their work
is mainly supervisory, and they receive between 5 and 15 cents more
per hour than do group leaders. We shall exclude them.
The duties of the expediters are to make materials for a job avail-
able where and when needed, and to see that the work is routed through
the proper depa$ments. Some of them,.also called, truckers, move
materials from point to point in the. plant. Others, who do not do
the actual moving, arrange to have the materials ready where needed,
and to have the work properly routed. We find that the work of the
expediters including the truckers, is closely related to that of other
production employees, and we shall include them in the unit. _
We find that production and maintenance employees in the Com-
pany's plant at Wellsville, New York including group leaders, re-
2 The A . F. of L submitted to the Board's Field Examiner 433 authorization cards, dated
in June-and August 1942 , all bearing apparently genuine signatures of persons whose names
appear on the Company's pay roll of August 1,' 1942 The petition alleges that there aie
approximately 550 employees in the appropriate unit.
3 The plant guards are uniformed guards
4A representative of the Company stated that the Company has no objection to the
inclusion of truck drivers in the unit A representative of the A. F of L. stated that the
truck drivers ate eligible to membership in the Teamsters Union.
782 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ceiving and shipping clerks exclusive of i a supervisory clerk,
storeroom attendants, and all expediters, but excluding executives,
foremen, assistant foremen, office employees, storeroom ledger clerks,
plant guards, technical employees consisting'of employees in the en-
gineering department and time-study experts, and truck drivers, con-
stitute a , unit appropriate for the purposes of collective bargaining
within the meaning of Section 9 (b) of the Act.
V. TIIE 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 imit who were employed during the pay-
roll period immediately preceding the date of our Direction of Elec-
tion 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 Relations
Act, and pursuant to Article III, Section 8, of National Labor Rela-
tions 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 Worthington
Pump and Machinery Corporation, Moore Steam Turbine Division,
Wellsville, New York, an election by secret ballot shall be conducted
as early'a"s^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 Third 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 all employees of the Company
in the unit found appropriate in Section IV, above, who were em-
ployed during the pay-roll period immediately preceding the date of
this Direction, including those employees who did not work during
such 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 those employee's who have since ' quit 'or'been dis-
charged for cause, to determine-whether or not they desire'to_be rep-
resented ' by 'International • Association of Machinists, Lodge 1580,
A. F. of L., for the purposes of collective bargaining.
MR. Wryr. M. LLISERSON took no part in the consideration of, the
above Decision and Direction of Election.