Chapman Valve Manufacturing Co.

National Labor Relations Board - Board Decisions

Apr 23, 1942

40 N.L.R.B. 800 (N.L.R.B. 1942)

In the Matter of CHAPMAN VALVE MANUFACTURING COMPANY -and
UNITED ELECTRICAL, RADIO ,V' MACHINE WORKERS OF AMERICA
(C. I. O.)
Case No. R-3660.-Decided April 23, 1942
Jurisdiction : metal products manufacturing industry.
Investigation and Certification of Representatives : existence of question : re-
fusal to accord petitioner recognition; conflicting claims of rival representa-
tives ; contract held to constitute no bar, where it was subject to change
on 30 days' notice, had been in effect for almost a year, and where the affili-
ation of the contracting union had changed; contract opened for negotia-
tions by the contracting union, for a unit larger than that covered by
contract, no bar to; elections-necessary.
Unit Appropriate for Collective Bargaining : production, maintenance, shipping,
and receiving employees, excluding journeymen and apprentices in the found-
ries and in the pattern shop; inclusion of non-journeymen employees in
the above industrial unit or in craft unit dependent upon elections.
Mr. John J. Duggan, of Indian Orchard, Mass., for the Company.
Mr. Frank Schemer, of New York City, for the C. I. O.
Mr. Herbert S. Thatcher, of Washington, D. C., for the Federal
Union.
Mr. Herbert W. Clements, of Boston, Mass., for the Molders.
Mr. Finton J. Kelly, of Indian Orchard, Mass., for the Pattern
Makers.
Mr. George H. Gentithes, of counsel to'the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On February 18, 1942, United Electrical, Radio & Machine Workers
of America (C. I. 0.), hereinafter called the C. I. 0., filed with the
Regional Director for the First Region (Boston, Massachusetts) a
petition and, on February 28, 1942, an amended petition, alleging that
a question affecting commerce had arisen concerning the representa-
tion of employees of Chapman Valve Manufacturing Company, Indian
Orchard, Massachusetts, herein called the Company, and requesting
40 N. L . R. B., No. 138.
800
CHAPMAN VALVE' MANUFACTURING COMPANY 801
an investigation and certification of representatives pursuant to Sec-
tion 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein
called the Act. On March 12, 1942, the National Labor,Relations
Board, herein called the 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 provide for
an appropriate hearing upon due notice. On March 13, 1942, the
Regional Director issued a notice of hearing, copies of which were
duly served upon the Company and the C. I. 0., and upon Federal
Labor Union 23066 (A. F. of L.), herein called the Federal Union;
International Molders & Foundry Workers Union of America (A. F.
of L.), herein called the Molders, and Pattern Makers League of
North America, herein called the Pattern Makers, labor organizations
claiming to represent employees directly affected by the investigation.'
Pursuant to notice a hearing was held on March 20, 1942, at Spring-
field, Massachusetts, before William S. Gordon, the Trial Examiner
duly designated by the Chief Trial Examiner. The Company, the
C. I. 0., the Federal Union, the Molders, and the Pattern -Makers
appeared by their representatives and participated in the hearing.
Full opportunity 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 were committed. The rulings are hereby
affirmed. On April 4, 1942, all parties entered into a stipulation for
the correction of the record. The stipulation is hereby made a part
of the record. On April 6, 1942, the Molders, and on April 1, 1942,
the Federal Union filed briefs which the Board has duly considered.
Upon the entire record in the case the Board makes the following:'
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
The Company is a Massachusetts corporation with its principal
office and plant at Indian Orchard, Springfield, Massachusetts. It is
engaged in the manufacture and sale of valves and other metal prod-
ucts. The principal raw materials used by the Company consist of
copper, composition metals, steel, iron, bronze, brass, scrap metal,
coal, and coke., Approximately 90 percent of such materials is
shipped to the Company's Indian Orchard plant from States other
' Notice of hearing was also served upon Local 117, Machine Tool and Foundry workers,
but that organization did not appear at the hearing
4n5771--42-N nl 40--51
802 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
than Massachusetts. The Company consumes raw materials valued
in excess of $3,500,000 annually. Its principal products are valves,
sluice gates , hydrants, cocks, and fittings, approximately 90 percent
of which are shipped to points outside the State of Massachusetts.
The value of these products is in excess of $10,000,000 annually. The
Company admits that it is engaged in commerce within the meaning
of the Act.
II.' THE ORGANIZATION INVOLVED
United Electrical, Radio & Machine Workers of America is a labor
organization affiliated with the Congress of Industrial Organizations,
admitting to membership employees of the Company.
Federal Labor Union 23066, International Molders & Foundry
Workers Union of America, and Pattern Makers League of North
America, are labor organizations affiliated with the American Fed-
eration of Labor, admitting to membership employees of the
Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company refused to recognize or bargain collectively with
the C. I. O. until conflicting claims between it and the intervening
unions are resolved by-the Board. A statement of the Field Ex-
aminer, introduced in evidence, shows that the C. I. O. and the other
labor organizations each represents a substantial number of employees
in the unit each claims as appropriate.2
The Federal Union contends that no question of representation
exists because it is the successor in interest to a one-year contract
executed on June 2, 1941, by the Company and Machine Tool and
Foundry Workers, Local 117 (Independent), herein called the Inde-
pendent, covering the employees in the unit alleged to be appropriate
by the C. I. O. The Molders denies that a question of representation
exists with reference to molders and non-journeymen employees of
the Company's steel, iron, and brass foundries (the latter group being
within the unit sought by the C. I. 0.), because of a contract between
it and the Company executed on May 12, 1941, covering these two
groups. The jurisdiction of the Pattern Makers League of North
America, hereinafter called the Pattern Makers, is not challenged
2 The Field Examiner 's statement shows that the C I. 0 has submitted 854 authoriza-
tion cards bearing apparently genuine signatures of persons within the unit which it
alleges is appropriate, comprising 1602 persons ; that the Federal Union has submitted
application cards, as well as dues records of the Independent , evidencing designation
of one or another of those organizations by not less than 943 persons in the same
unit ; and that the Molders submitted dues records ,evidencing designation of that organi-
zation by 212 of 447 persons within that group in the unit alleged appropriate by the
C I 0 which it disputes with the C I 0 (The C. I 0 made a showing of repre-
sentation in the disputed group of 101 ; and the Federal Union of not less than 174 )
OHAPMAN VALVE MANUFACTURING COMPANY 803
by any of the other organizations, and it takes no position on any of
the questions involved in this proceeding.
The contract of June 2, 1941, urged by the Federal Union as a bar
to this proceeding, contains a clause making it subject to change on
thirty days' notice. Furthermore, it has now been in operation for
almost a year. Finally, the affiliation of the contracting union (the
Independent) has changed. The contract of May 12, 1941, urged by
the Molders as a bar has been opened for negotiations by the Molders,
who are seeking to bargain for a unit larger than that covered by the
contract. In view of these facts, we are of the opinion and find that
neither contract is a bar to these proceedings.
We find that a question has arisen concerning the 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
relation to trade, traffic, and commerce among the several States, and
tends to lead to labor disputes burdening and obstructing commerce
and the free flow of commerce.
V. THE APPROPRIATE UNIT
Subject only to a dispute concerning the inclusion.or exclusion of
non-journeymen employees in the Company's steel, iron, and brass
foundries, the parties stipulated that all the Company's production,
maintenance, shipping, and receiving employees, including time-
keepers, stock chasers, inspectors, and production clerks, and excluding
all journeymen and apprentices in the steel, iron, and brass foundries,
and in the pattern shop, and executives, foremen and assistant fore-
men, watchmen, main office clerks, time-study men, engineering-
department employees, personnel-department employees, and labora-
tory employees, constitute an appropriate unit. The C. I. 0. and the
Federal Union claim to represent the employees above enumerated.
The C. I. 0. contends that non-journeymen employees in the steel,
iron, and brass foundries are a part of the industrial unit,'while the
Molders claims that these employees are a part of a unit consisting
of all foundry employees. The Molders' right to represent the jour-
neymen in the foundries is unchallenged. , Certain considerations favor
the argument for an industrial unit. The employees in dispute are
not craftsmen, and their work is more nearly similar to that of the
804 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
employees in the stipulated production and maintenance group than
to that of the journeymen. The record discloses that although the
Molders has bargained for such of the non-journeymen in said found-
ries as were its members, its representation of the journeymen has
been exclusive, lengthy, and continuous, and remains unchallenged to
this day, while its representation of non-journeymen members is of
recent origin, and has been coincident with representation of such non-
journeymen first by the International Association of Machinists, second
by the Independent, and finally by the Federal Union.
Other factors, however, favor the inclusion of the disputed em-
ployees in a unit comprising all foundry workers. The work per-
formed by all the foundry employees is closely integrated. The
foundries are physically separate from the other departments. Fur-
thermore, of recent months the Molders and the Company have-been
negotiating for a unit of all foundry employees. All three labor or-
ganizations here involved have made a substantial showing of repre-
sentation of employees in the disputed group. The C. I. O. and the,
Molders seek to represent them.. The Federal Union, however, stated
that it was indifferent as to the resolution of the unit dispute.
We find that the non-journeymen employees in dispute might
properly function, together with employees in the stipulated group,
as part of a unit comprising production and maintenance employees,
or, together with the journeymen in the foundries, as part of a foundry
unit. Under these' circumstances we make no finding of appropriate
unit, but apply the principle that the determining factor is the desires
of the non-journeymen employees themselves.3
We shall direct two elections : one, among the production and
maintenance employees in the stipulated group, to determine whether
they desire to be represented by the C. I. O. or the Federal Union,
or by neither, and the other among the non-journeymen employees
of the foundries to determine whether they desire to be represented
by the C. I. O. or the Molders, or by neither.4 If a majority ill
both groups designate the C. I. O. they will together constitute a
single unit. If a majority of the non-journeymen foundry employees
designates the Molders, the Molders may then bargain for both
journeymen and non-journeymen employees of the foundries in a
single unit, since the Molders already represents the journeymen
foundry employees.
'Matter of The Globe Mach4ne and Stamping Co. and Metal Polishers Union No 3,
etc, 3 N. L R B. 294, and subsequent cases
'We assume that the Federal Union does not desire to contest the contention of its
affiliate, the Molders, to represent the disputed group. See iltatter of Chrysler Cor-
poration and United Automobile Workers of America, Local 371, affiliated with the
C 1. 0, 13 N L R. B 1303, 1312. We shall, accordingly, omit its name from the ballot
in the election to be held among that group
CHAPMAN VALVE MANUFACTURING COMPANY .805
VI. THE DETEnMJNATION OF REPRESENTATIVES
We find that the question which has arisen can best be resolved
by elections by secret ballot. Employees in the indicated voting
groups who were employed during the pay-roll period immediately
preceding the date of this Direction of Election, subject to the
limitations and additions set forth in the Direction, will be eligible
to vote.
Upon the ' basis of the above findings of, fact and upon the .entire
record in the case, the Board makes the following :
CONCLUSION OF LAw
A question affecting commerce has arisen concerning the represen-
tation of employees of Chapman Valve Manufacturing Company,
Indian Orchard, Massachusetts. within the meaning of Section 9 (c)
and Section,2 (6) and (7) of the National Labor Relations Act.
DIRECTION OF ELECTIONS
By virtue of and pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) of the National Labor Rela-
tions 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 authorized by the
Board to ascertain representatives for the purposes of collective bar-
gaining with Chapman Valve Manufacturing Company, Indian
Orchard, Massachusetts, elections by secret ballot shall be conducted
as early as possible, but not later than-thirty (30) days from the
c late of this Direction, under the direction and supervision of the
Regional Director for the First 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 (a) among all the
Company's production, maintenance, shipping, and receiving em-
ployees, including time-keepers, stock chasers, inspectors, and
production clerks who were employed during the pay-roll period
immediately preceding the date of this Direction of Election, includ-
ing 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
all journeymen apprentices, and non-journeymen in the steel, iron,
and brass foundries and journeymen and apprentices in the pattern
shop, and executives, foremen and assistant foremen, watchmen, main
office clerks, time-study men, engineering-department employees,
personnel-department employees, laboratory employees, and em-
806- DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ployees who have since quit or been discharged for cause, to
determine whether they desire to be represented by the United Elec-
trical, Radio & Machine Workers of America, (C. I. 0.), or by
Federal Labor Union 23066, (A. F. of L.), for the purposes of col-
lective bargaining, or by neither; (b), among all non-journeymen
employees in the steel, iron, and brass foundries of the Company,
who were employed during the pay-roll period immediately preceding
the date of this Direction of Election, including 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 employees who have
since quit or been discharged for cause, to determine whether they
desire to be represented by United Electrical, Radio & Machine
Workers of America (C. I. 0.), or by International Molders &
Foundry Workers Union of America, (A. F. of L.), for the purposes
of collective bargaining, or by neither.