American Radiator Co.

National Labor Relations Board - Board Decisions

May 25, 1938

7 N.L.R.B. 452 (N.L.R.B. 1938)

In the Matter of AMERICAN RADIATOR COMPANY ( BOND PLANT AND
TERMINAL PLANT ) and AMALGAMATED ASSOCIATION OF IRON, STEEL
& TIN WORKERS , LODGES 1199 AND 1629
Cases Nos. R-655 and R-656.-Decided May 25,1938
Boiler and Radiation Castings and Fittings Manufacturing Industry-Investi-
gation of Representatives: controversy concerning representation of employees:
employer's refusal to grant recognition of union ; rival organizations-Unit Ap-
propriate for Collective Bargaining: production and maintenance employees at
each plant, including those employees on a stagger system of employment, ship-
ping and yard employees, and truckmen, and excluding all supervisory employees,
clerical employees, timekeepers, and production clerks ; dissimilarity of interest ;
single plant basis-Election Ordered
Mr. Edward D. Flaherty, for the Board.
Mr. John W. Van Allen, of Buffalo, N . Y., for the Company.
Mr. Ernest D. Baumann , of Buffalo , N. Y., for Lodge 1199 and
Lodge 1629.
Mr. Fred Galloway , of Buffalo , N. Y., for the Arco Union.
Mr. Albert G. Baum, of Kenmore , N. Y., for the Cloverleaf Coop-
erative.
Mr. Francis Hoague, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
Statement of the Case
On October 25, 1937, Amalgamated Association of Iron, Steel and
Tin Workers, Lodge 1199, herein called Lodge 1199, and Amalga-
mated Association of Iron, Steel and Tin Workers, Lodge 1629, herein
called Lodge 1629, each filed with the Regional Director for the Third
Region (Buffalo, New York) a petition alleging that a question affect-
ing commerce had arisen concerning the representation of employees
of American Radiator Company, Buffalo, New York, herein called
the Company, at its Bond and Terminal Plants, respectively, and re-
questing an investigation and certification of representatives pursuant
to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449,
herein called the Act. On February 16, 1938, the National Labor
Relations Board, herein called the Board, acting pursuant to Section 9
452
DECISIONS AND ORDERS 453
{c) of the Act and Article III, Section 3, of National Labor Relations
Board Rules and Regulations-Series 1, as amended, ordered an in-
vestigation and authorized the Regional Director to conduct it and
to provide for an appropriate hearing upon due notice. The Board
further ordered that pursuant to Article III, Section 10 (c) (2), of
the Rules and Regulations-Series 1, as amended, for the purposes
of hearing, the two cases be consolidated.
On February 19, 1938, the Regional Director issued a notice of
hearing, copies of which were duly served upon the Company; Lodge
1199, Lodge 1629, and upon American Radiator Company Employees
Union, herein called the Arco Union, and Cloverleaf Cooperative
Association, herein called the Cloverleaf Cooperative, labor organi-
zations claiming to represent employees directly affected by the
investigation. Pursuant'to the notice, a hearing was held on March
14, ,1938, at Buffalo, New York, before William Seagle, the Trial
Examiner duly designated by the Board. The Board, the Company,
Lodge 1199, Lodge 1629, the Cloverleaf Cooperative, and- the Arco
Union were represented and participated in the hearing. - Full oppor-
tunity to be heard, to examine and cross-examine witnesses, and to
introduce evidence bearing on the issues was afforded all parties.
During the course of the hearing the Trial Examiner made several
rulings on motions and on objections to the admission of evidence.
The Board has reviewed the rulings of, the Trial Examiner and
finds that no prejudicial errors have been committed. The rulings
a,re hereby affirmed.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS' OF THE COMPANY
American Radiator Company, a- New Jersey corporation, is an
industrial and sales organization whose operations extend from coast
to coast. It operates production plants in nine cities located in seven
States, and maintains sales offices in virtually all the principal cities
in the United States. Five production plants are located- in Buffalo,
New York. Two of such plants, the Bond and Terminal, are-iiivolved
in the present proceedings. The Bond Plant, which deals, mainly
with the manufacture and finishing of heavy boiler and radiation
castings, acquires 59.66 per cent of its raw materials (by weight)'
from outside the State of New York, and sends.83.35 per cent of its
finished product outside the State of New York. The Terminal
Plant,, which produces boiler jackets, water heaters, non-ferrous
radiators, refrigerating cabinets, and miscellaneous sheet metal
stampings, acquires over 57 per cent of its raw materials (by value)'
454 NATIONAL LABOR RELATIONS BOARD
from outside the State of New York and ships over half of its fin-
ished product outside of the State of iLTew York. A large part of
the intrastate shipments are to other of the Company's plants there
to be assembled together with the products of those plants. Goods
are received and shipped by truck and by rail, both plants having
spur tracks connecting with the Erie and the Delaware, Lackawanna
& Western Railroads.
In October 1937 the Bond Plant employed approximately 900 men,
including over 100 supervisory and clerical employees. During the
same period the Terminal Plant employed approximately 600 men,
also including about 100 supervisory and clerical employees.
II. THE ORGANIZATIONS INVOLVED
Amalgamated Association of Iron, Steel & Tin Workers, Lodge
1199 and Lodge 1629 are labor organizations affiliated with the Com-
mittee for Industrial Organization. Steel Workers Organizing Com-
mittee, with which the two lodges are also affiliated, is likewise a
labor organization affiliated with the Committee for Industrial
Organization. Lodge 1199 admits to membership all employees of
the Bond Plant, excluding supervisory and clerical employees. Lodge
1629 admits to membership all employees in the' Terminal Plant with
the same exclusions.
The American Radiator Company Employees Union is a labor
organization recently affiliated with National Federated Independent
Union, admitting to its membership all employees of the Bond Plant,
excluding some clerical and all supervisory employees.
The Cloverleaf Cooperative Union is an unaffiliated labor organi-
zation, admitting to its membership all employees of the Terminal
Plant, excluding some clerical and all supervisory employees.
III. THE QUESTION CONCERNING REPRESENTATION
On September 29, 1937, the Lodges sent to the managers of the
Bond and Terminal Plants, respectively, letters in which they claimed
to represent a majority of the employees in the respective plants and
in which they requested a conference for the purpose of collective
bargaining. The manager of each plant replied on October 4, 1937,
stating that : "Inasmuch as another union notified us several months
ago that it represented a majority of our employees, we are unable
to grant your request for a conference as a bargaining agent for the
majority." The Unions referred to in the letters are the independ-
ent unions involved in the present proceedings.
We find that a question has arisen concerning the representation
of employees of the Company at the Bond and Terminal plants.
DECISIONS AND ORDERS 455
IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON
COMMERCE
We find that the question concerning representation which has
arisen, occurring in connection with the operations of the Company
as described in Section I above, has a close, intimate, and substan-
tial relation to trade, traffic, and commerce among the several States,
and tends to lead to labor disputes burdening and obstructing com-
merce and the free flow of commerce.
V. THE APPROPRIATE UNIT
Lodge 1199 seeks a bargaining unit composed of the production
and maintenance employees of the Bond Plant, exclusive of clerical
and -supervisory employees, timekeepers, and production clerks.
Lodge 1629 seeks a unit composed of such employees of the Terminal
Plant. The two plants, which are approximately 21/2 miles apart,
employ mostly skilled workers. Although the products of both plants
are totally different, many of the processes of production are similar
in their nature. While each plant has its own manager, their oper-
ations are directed and their labor policies determined from a com-
mon office in Detroit. Conceivably, employees of the two plants
could be included within the same bargaining unit. However, none of
the Buffalo plants have ever joined together for the purpose of col-
lective bargaining and the parties to these present proceedings ex-
pressly repudiate any such desire. All the unions here involved have
organized on a single plant basis.
The Cloverleaf Cooperative and the Arco Union contend that the
timekeepers and production clerks should be included within the
bargaining units. The timekeepers, at least those at the Terminal
Plant, perform many of the duties of production clerks. It is the
function of the latter to see that production proceeds from one ma-
chine to another. Both timekeepers and production clerks at times
apparently perform supervisory functions. On the basis of the above
evidence, we are of the opinion that the duties of timekeepers and
production clerks relate them more closely to the management than
to the other employees, and hence that they should be excluded from
the bargaining units?
The Company claims that the units should be composed of all
hourly and piece-rate workers and that all salaried employees should
be excluded. There is no sufficient showing in the record, however,
for a differentiation of employees as to collective bargaining based
'Matter of Westinghouse Air Brake Co. and United Electric and Radio Workers of
America, 4 N L. R B 403 ; Matter of Anicitcan Hardware Corp and United Electrical
and Radio Woikeis of America, 4 N. L R B 412
106791-38-vol vu-30
456 NATIONAL LABOR. RELATIONS BOARD
solely upon the manner in which the employees are.paid. Further-
more, the units asked for by the Company would include certain
supervisory and clerical employees.
The independent unions did not oppose the position of the Com-
pany and the Lodges that the shipping and yard employees and
truckmen should be regarded as production employees. They will
herein be so considered.
We find that the production ahd maintenance employees of the
Company at its Bond and Terminal Plants, including shipping and
yard employees and truckmen , but excluding supervisory and clerical
employees, timekeepers , and production clerks, constitute, in the
case of each plant, a unit appropriate for the purposes of collective
bargaining , and that said units will insure to such employees of the
Company the full benefit of their right to self-organization and to
collective bargaining and otherwise effectuate the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATION
There was introduced in evidence at the hearing the pay roll of the
Company at the Bond Plant as of October 23, 1937, showing approxi-
mately 890 employees within the appropriate unit. There was also
introduced in evidence the pay roll at the Terminal Plant as of Oc-
tober 16, 1937, showing approximately 580 employees within the
appropriate unit. Due to a decrease in business, the number of
persons working for the Company at the two plants has since de-
creased considerably. The manager of the Terminal Plant testified
that at the date of the hearing his plant had approximately 270
employees on the pay roll.
- Lodge 1199 introduced into evidence 518 cards signed by employees
at the Bond Plant accepting membership in the Lodge: The Arco
Union introduced into evidence 667 cards signed by employees at the
Bond Plant applying for membership.2
The president of Lodge 1629 testified that the Lodge had ap;
proximately 250 members, who were employees of the Terminal
Plant, and introduced into evidence 169 cards signed by employees
at the Terminal Plant accepting membership in the.Lodge. The
,Cloverleaf Cooperative introduced into evidence a notebook in which
the signatures of 334 employees at the Terminal Plant follow a recital
authorizing the Cloverleaf Cooperative to represent the signers for
collective bargaining purposes.
2 One hundred and ninety -six of these cards were addressed to the National Federated
Indel,endent Union and the remaining 471 cards were addressed to "The' Indepeddend
(sic) Workers Union ( Bond Plant Chapter ) " On no card was the name of the Arco Union
mentioned . Nevertheless the president of the Arco Union testified that both types of cards
were used as application blanks for membership in the Arco Union.
DECISIONS AND ORDERS 457
There is, however, considerable duplication between the member-
ship claims of Lodge 1199 and the Arco Union, on the one hand, and
of Lodge 1629 and the Cloverleaf Cooperative, on the other hand.
From all the facts presented, we conclude that the question concern-
ing representation which has arisen can best be resolved by means of
an election by secret ballot. At the hearing, all the unions stipulated
that, if an election was held, pay rolls of the Company for the week
ending March 12, 1938, might be used to determine eligibility to vote.
They also agreed that some 20 employees in the Terminal Plant who
work on a weekly stagger system should be entitled to vote. The
Company did not oppose these stipulations.
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following :
CONCLUSIONS OF LAW
1. A question' affecting commerce has arisen concerning the repre-
sentation of the employees of the American Radiator Company at its
Bond and Terminal Plants, within the meaning of Section 9 (c) and
Section 2 (6) and (7), of the National Labor Relations Act.
2. The production and maintenance employees of the Company at
the Bond Plant and at the Terminal Plant, including shipping and
yard employees and truckmen, but excluding all supervisory em-
ployees, clerical employees, timekeepers, and production clerks, con-
stitute, in the case of each plant, a unit appropriate for the purposes
of collective bargaining within the meaning of Section 9 (b) of the
National Labor Relations Act.
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 Re-
lations Act, and pursuant to Article III, Section 8, of National Labor
Relations Board Rules and Regulations-Series 1, as amended, it is
hereby
DIRECTED that, as part of the investigation ordered by the Board
to ascertain representatives for the purposes of collective bargaining
with American Radiator Company, Buffalo, New York, two separate
elections by secret ballot, one in the Bond Plant and one in the
Terminal Plant, shall be conducted within fifteen (15) 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
the agent for the National Labor Relations Board and subject to
Article III, Section 9, of said Rules and Regulations, among the pro-
458 ?-NATIONAL LABOR RELATIONS BOARD
duction and maintenance employees of American Radiator Company
at its Bond Plant and at its Terminal Plant, Buffalo, New York,.
who were employed by it during the week ending March 12, 1938,
including those employees who were then on a stagger system of
employment and including shipping and yard employees and truck-
men, but excluding all supervisory employees, clerical employees,
timekeepers, and production clerks, and excluding those employees
who have since quit or been discharged for cause, to determine
whether such employees in the Bond Plant wish to be represented by
Amalgamated Association of Iron, Steel & Tin Workers, Lodge No.
1199, affiliated with the Committee for Industrial Organization, or
by American Radiator Company Employees Union affiliated with
National Federated Independent Union, for the purposes of collec-
tive bargaining, or by neither, and whether such employees in the
Terminal Plant wish to be represented by Amalgamated Association
of- Iron, Steel & Tin Workers, Lodge 1629, affiliated- with the Com-
mittee for Industrial Organization, or by Cloverleaf Cooperative
Union, for the purposes of collective bargaining, or by neither.