Borg-Warner Corp.

National Labor Relations Board - Board Decisions

Jan 11, 1941

28 N.L.R.B. 1209 (N.L.R.B. 1941)

In the Matter of INGERSOLL STEEL & Disc DIVISION, NEw - CASTLE,
IND. PLANT!, BORG-WARNER CORPORATION and STEEL WORKERS
.UNION- OF NEW CASTLE, INDIANA
Case No. R-2211.-Decided January 11, 1941
Jurisdiction : steel products manufacturing industry.
Investigation and Certification of Representatives : existence of question:
refusal to accord recognition to either of rival unions; contracts with peti-
tioning and rival union for members only subject to termination in the
event that the Board should certify some labor organization, no bar to ;
election necessary.
Unit Appropriate for Collective Bargaining : all production and maintenance
employees at one of the Company's plants excluding foremen, assistant
foremen, timekeepers, office employees,, clerical help, confidential salaried
employees, salaried engineers, and those holding administrative and super-
visory positions ; agreement as to.
Scotten ct Hinshaw, by Mr. E. G. Scotten, of New Castle, Ind.,
for the Company.
Mr. Robert S. Hunter, Jr., of New Castle, Ind., and Mr. Clarence
0. Davisson, of Anderson, Ind., for the S. W. U.
Rhoads c Jacobs, by Mr. Mark W. Rhoads, of Indianapolis, Ind.,
for the U. A. W.
Mr. Eugene M. Purver, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On September 5, 1940, Steel Workers Union of New Castle, Indi-
ana, herein called the S. W. U., filed with the Regional- Director
for the Eleventh Region (Indianapolis, Indiana) a petition alleg-
ing that a question affecting commerce had arisen concerning the
repiesentatioi of 'employees of Ingersoll Steel & Disc Division,
Borg-Warner Corporation, New Castle, Indiana, plant, herein called
the Company, and requesting 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 December 6,
1940, the National Labor Relations Board, herein called the Board,
28 N. L. R. B, No. 163.
1209
1210 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
acting pursuant to Section 9 (c) of the Act, and Article III, Section
3, of National Labor Relations Board Rules and Regulations-Series
2, as amended, ordered an investigation and authorized the Regional
Director to conduct it and to provide,•for an appropriate hearing
upon due notice.
On December 11, 1940, the Regional Director issued a notice of
hearing, copies of which were duly served upon the Company, the
S. W. U. and United Automobile Workers of America, C. I. O.
Pursuant to notice, a hearing was held on December 16, 1940, at New
Castle, Indiana, before Colonel C. Sawyer, the Trial Examiner duly
designated by the Board. At the commencement of the hearing the
Trial Examiner granted a petition by International Union United
Automobile Workers of America, affiliated with C. I. 0., Local 729,
herein called the U. A. W., for leave to intervene in the proceedings.
The Company, the S. W. U., and the U. W. A. were represented by
counsel; all participated in the hearing. Full opportunity to be
heard, to examine and cross-examine witnesses, and to introduce
evidence bearing upon the issues was afforded all parties. During
the course of the hearing the Trial Examiner made several rulings
on motiojis and on objections to the admission of evidence. The
Board has reviewed the rulings of the Trial Examiner and finds
that no prejudicial errors were committed. The rulings are hereby
affirmed.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Ingersoll Steel & Disc Division, Borg-Warner Corporation, is
engaged at three plants located in New Castle, Indiana, Chicago,
Illinois, and Kalamazoo, Michigan, in manufacturing, rolling, and
fabricating specialty steels for the agricultural, saw, and automotive
industries, a complete line of shovels, spades, and scoops, and a
special stainless, clad steel. The corporation of which the Company
is a part owns and operates over 25 or 30 other plants throughout
the United States east of the Mississippi River. We are here con-
cerned only with the New Castle, Indiana, plant of the Company.
Of the principal Taw materials used by the Company, it obtains all
the slabs, shovel blades, and alloys, over 98 per cent of the sheet bar,
over 82 per cent of the tire, and over 57 per cent of the handles out-
side the State of Indiana.
The Company's products during 1939 were of a value of $2,296,-
673.76. Approximately 68.5 per cent of these products were shipped
outside the State of manufacture to other States of the United States
and to foreign countries.
INGERSOLL STEEL & DISC DIVISION, BORG-WARNER PLANT1211
H. THE ORGANIZATIONS INVOLVED
Steel Workers Union of New Castle,' Indiana, is an unaffiliated
labor organization admitting to membership all employees of the
Company, excluding persons holding supervisory, salaried, or execu-
tive positions.
International Union United Automobile Workers of America,
affiliated with C. I. O. Local 729, is a labor 'organization admitting
to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On June 28, 1940, the U., A. W. sought, and the Company-refused
to grant it, recognition as the exclusive bargaining agent of the
employees of the Company. On August 9 the S. W. U. was organ
ized and on August 15 it requested, and was refused, recognition
as the exclusive bargaining agent of the employees of the Company.
On September 11, 1940, in settlement of a strike, the Company en-
tered into separate contracts with the S. W. U. and U. A. W. recog-
nizing each union as the bargaining agent for its ' members. Each
contract was made subject to a provision that in the event that the
Board should certify some labor organization as exclusive bargain-
ing agent for the employees of the Company the contract would be
terminated as of the date of such certification. We find that these
contracts do not bar a present determination of a question concerning
representation.
At the hearing a report prepared by the Regional Director was
introduced in evidence showing that the S. W. U. and U. A. W.
each represents a. substantial number of employees in the unit found
below to be appropriate for the purposes of collective bargaining.'
We find that a question has arisen concerning representation of
employees of the Company.
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,
described in Section I above, has a close, intimate, and substantial
I The Statement of the Regional Director concerning Claims of Authorization for the
Purpose of Representation shows that the S. W U. submitted to the Regional Director 200
membership cards, dated in August 1949, bearing apparently genuine, original signatures of
persons on the Company's pay roll of September 20, 1940. The U. A. W. submitted to the
Regional Director 97 membership application cards of which 96 bear apparently genuine,
original signatures. The application cards submitted were dated as follows : 4 in 1937 ;
2 in January 1940'; 21 in April 1940; 42 in May 1940; 20 between June and October 1940;
and 8 were undated. The Regional Director reported that 89 of the 96 signatures are
names of persons on the Company's pay roll of September 20, 1940. There are approxi-
mately 383 employees in the appropriate unit.
1212 "" DECISIONS -OF, NATIONAL LABOR' RELATIONS BOARD
relation to trade, traffic, and commerce,among the several States and
with foreign countries, and tends to lead to labor disputes burden-
ing' and obs'.ructingcommerce and the free flow `of commerce:
V.' THE, APPROPRIATE 'UNIT
. t:
At the, hearing, the parties. agreed and we find that all production
and,,maintenance,,employees; of the Company, at its, New' Castle,
Indiana,' plant, excluding foremen, assistant foremen, timekeepers,
office employees, clerical help, confidential salaried employees, sala-
ried engineers, and those holding administrative and supervisory
positions, constitute a unit appropriate for the'•purposes of collective
bargaining. We further find that said unit will insure to employees
of the Company the full benefit of their right to self-organization
and to collective' bargainin17
. and 'otherwise effectuate the policies
of the Act. -
We find that the question which has arisen concerning the repre '
sentation of employees of the Company can best be resolved by an
election by secret ballot.
At the hearing the parties agreed that eligibility to vote in the
election should be determined by the pay roll for the period ending
November 30, ,1940, and that those employees who did not work
during such pay-roll period because they were ill or on vacation or
who have since been temporarily laid off should be permitted to
vote; and those employees appearing on said pay roll who have
since quit or been discharged for cause should not be so permitted.
We shall direct accordingly.
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 employees of Ingersoll Steel,& Disc Division, Borg-
Warner Corporation, New Castle, Indiana, within the meaning of
Section 9 (c) and Section 2 (6) and (7) of the Act.
2. All production and maintenance employees of the Company
at its New Castle, Indiana, plant, excluding foremen, assistant fore-
men, timekeepers, office employees, clerical help, confidential salaried
employees, salaried engineers, and those holding administrative and
supervisory positions, constitute a unit appropriate for the pur-
poses of collective bargaining within the meaning of Section 9 (b)'
of the Act.
INGERSOLL STEEL & DISC DIVISION , BORG-WARNER PLANT1213
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 2, as 'amended, it
is hereby • - .
DIRECTED that , as part of the investigation authorized by the Board
to ascertain representatives for the purposes of collective bargaining
with Ingersoll Steel & Disc Division , Borg-Warner Corporation,
New Castle , Indiana, 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 of Election , under the direction and super-
vision of the Regional Director for the Eleventh 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 production and maintenance employees of Ingersoll Steel
& Disc Division , Borg-Warner Corporation , at its New Castle, Indi-
ana, plant, whose names appear upon the Company 's pay roll for
the pay-roll period ending November 30, 1940, including employees
who did, not work during such pay-roll period because they were
ill or on vacation and those who have since been temporarily laid
off, but excluding foremen , assistant foremen, timekeepers, office
employees, clerical help, confidential salaried , employees , salaried
engineers , those holding administrative and supervisory ' positions,
and those who have since quit or been discharged for cause, to
determine whether they desire to be represented by Steel Workers
Union of New Castle, Indiana, or by International Union United
Automobile Workers of America , affiliated with C . I. O. Local 729,
for the purposes of collective ` bargaining, or by neither.
CHAIRMAN HARRY A . Mm Lis took no part in the consideration of
the above Decision and Direction of Election.