American Hardware Corp.Download PDFNational Labor Relations Board - Board DecisionsMay 18, 194561 N.L.R.B. 1242 (N.L.R.B. 1945) Copy Citation In the Matter of THE AMERICAN HARDWARE CORPORATION and INTERNATIONAL UNION OF OPERATING ENGINEERS (AFL), LOCAL 602 Case No. 1-R-2282.Decided May 18, 1945 Messrs. Richard Berry, H. C. Jackson, Sigurd Morgen, and Russell Gold, of New Britain, Conn., for the Company. Mr. Charles G. Deardon, of Springfield, Mass., and Mr. J. J. Knowl- ton, of New Britain, Conn., for the Operating Engineers. Mr. David Scribner, by Mr. Frederick R. Livingston, of New York City; Messrs. Henry Kosvnski and Robert Barrows, of New Britain, Conn.; and Messrs. Robert Mintz and Watson Tanner, of Hartford, Conn., for the United. Mrs. Augusta Spaulding, of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE Upon a petition duly filed by International Union of Operating Engineers , Local 602, herein called the Operating Engineers, alleging that a question affecting commerce had arisen concerning the represen- tation of employees of The American Hardware Corporation, New Britain, Connecticut, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before John W. Coddaire, Jr., Trial Examiner. Said hearing was held at Hartford, Connecticut, on March 15, 1945. The Company, the Operating Engineers, and United Electrical, Radio and Machine Workers of America, Local 232, herein called the United, appeared, participated, and were afforded full opportunity to be heard, to exam- ine 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 an opportunity to file briefs with the Board. The request of the United for oral argument is hereby denied. 61 N. L. R. B, No. 204. 1242 THE AMERICAN HARDWARE CORPORATION 1243 Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY The American Hardware Corporation is presently engaged in the manufacture of aircraft parts and ordnance materials at New Britain, Connecticut. In its plant the Company uses raw materials, consisting of steel, iron, brass, copper, and aluminum. In 1944 the Company purchased for use at its plant raw materials valued in excess of $5,000,000, of which 75 percent was shipped to the plant from points outside Connecticut. During the same period, sales of products made at the Company's plant exceeded $10,000,000, 85 percent of which was shipped from the plant to points outside Connecticut. The Company admits that it is engaged in commerce, within the meaning of the National Labor Relations Act. H. THE ORGANIZATIONS INVOLVED International Union of Operating Engineers, Local 602, is a labor organization affiliated with the American Federation of Labor, ad- mitting to membership employees of the Company. United Electrical, Radio and Machine Workers of America, Local 232, is a labor organization affiliated with the Congress of Industrial Organizations, admitting to membership employees of the Company. III. THE ALLEGED APPROPRIATE UNIT The Operating Engineers contends that employees in the Company's powerhouses constitute a separate appropriate bargaining unit. The United contends that, in view of the long bargaining' history of the Company's employees on a plant-wide basis, the proposed unit is inappropriate. The Company's plant at New Britain is made up of 4 operating divisions, respectively known as the Corbin Cabinet Lock, the Corbin Screw, and the P. F. -Corbin Divisions and the Russell and Erwin Manufacturing Company. To service these 4 divisions, the Company operates 2 powerhouses, one located in the P. F. Corbin Division, and the other located in the Russell and Erwin Manufacturing Company, a quarter of a mile distant. Powerhouse employees operate boilers, water pumps, refrigerator equipment, heating equipment, and genera- tors. These employees, of whom there are 15 and 10, respectively, in the powerhouses in the order named, are classed as engineers, firemen, assistant firemen, coal passers, utility men, and laborers. With the exception of the chief engineer, powerhouse employees are, like other 1244 DECISIONS OF NATIONAL LABOR RELATIONS BOARD production and maintenance employees, hourly paid employees, but the powerhouses, unlike the production departments of the plant, oper- ate on a 7-day per week and 24-hour per day schedule. Laborers in the powerhouse may do any hard physical work about the plant and there are some instances of transfer of employees between the power- house and production departments. Powerhouse employees, carpen- ters, millwrights, and electricians in each plant come under the general direction of the plant engineer, although there are intermediate fore- men in direct charge of employees in these several work categories. On January 17, 1938, the Board certified the Machinists as the exclusive bargaining representative of a craft group of employees, and the United as the exclusive bargaining representative of other hourly paid production and maintenance employees, at the Company's four divisions, with certain named exclusions, with which we are not here directly concerned.' Subsequent to its certification, the United entered into contracts with the Company covering all employees in- cluded in its bargaining unit, and secured for them increases in wages, vacation advantages, and other benefits. Powerhouse employees, among other employees, enjoyed these benefits. The latest contract, effective April 21, 1944, is presently in force 2 The record indicates that there have been few grievances in the plant and that these have been for the most part adjusted between the em- ployees concerned and their respective foremen in all production and maintenance divisions of the plant, including the powerhouses. The contract between the Company and the United sets up a definite pro- cedure for further formal treatment of grievances, if occasion arises .3 In September 1943, powerhouse employees at the P. F. Corbin Divi- sion decided to affiliate with the Operating Engineers and, in Septem- ber of the same year, the Company upon request refused to recognize the Operating Engineers as the bargaining representative of these employees, on the ground that its existing contract with the United, covering these and other employees, constituted a bar. On October 26, 1943, the Operating Engineers filed a petition in Case No. 1-R-1650, alleging that employees at the P. F. Corbin Division powerhouse constituted an appropriate unit. The petition was dismissed by the Regional Director, and his ruling was affirmed on appeal by the Board. I Matter of The American Hardware Corporation, 4 N. L. R. B. 412. 2 This contract provides that it be in effect for 1 year and thereafter from year to year unless one of the parties gives 30 days ' notice of a desire to change or terminate. Neither of the parties contends that the contract is a procedural bar to an investigation based on the petition. Since the Operating Engineers , as noted below, gave timely warning of its claim of representation , we find that the contract does not constitute a bar to a con- sider ation of the petition upon its merits. I The record indicates that there has been little occasion for the use of this grievance machinery On one occasion the United made some inquiry into the discharge of a poi er- house employee . The record does not disclose the results of the investigation. There have been few instances where grievances have resulted from discharge or lay-off. THE AMERICAN HARDWARE CORPORATION 1245 In the fall of 1943 employees at the powerhouse of the P. F. Corbin Division requested an increase , and the Company, without consulting the United , applied to the War Labor Board for permission to grant the desired increase . The War Labor Board denied the request, on the ground that the United, the recognized bargaining representative of these employees , had not consented to the application . The consent of the United to the desired increase was then solicited and secured, and the increase was allowed : On January 30, 1945 , the Operating Engineers filed the petition in the instant proceeding , alleging that employees at both powerhouses of the Company constitute an appro- priate unit.4 Since the Company 's powerhouse employees have been an integral part of the plant unit since 1938 and , as such , have received the benefits of bargaining conducted by the United for all such employees, we are of the opinion that the unit proposed by the Operating Engineers is not an appi opriate bargaining unit, and we shall dismiss the petition.5 IV. THE ALLEGED QUESTION CONCERNING REPRESENTATION Since the bargaining unit sought to be established by the petition is inappropriate, as stated in Section III, above, we find that no question has arisen concerning the representation of employees of the Company, within the meaning of Section 9 (c) of the National Labor Relations Act. ORDER Upon the basis of the above findings of 'fact and the entire record in the case, the Board hereby orders that the petition for investigation and certification of representatives of employees of The American Hardware Corporation, New Britain, Connecticut, filed by Interna- tional Union of Operating Engineers, Local 602, be, and it hereby is, dismissed. 4 The Operating Engineers has restricted its organizational activities entirely to the powerhouse in the P. F. Corbin Division and it has not organized employees at the Russell and Erwin Manufacturing Company. "Matter of Doehier Die Casting Company, 58 N. L . R. B. 166, and cases cited therein. 639678-45-vol. 61-80 Copy with citationCopy as parenthetical citation