Combustion Engineering Co., Inc.

National Labor Relations Board - Board Decisions

Jan 11, 1943

46 N.L.R.B. 937 (N.L.R.B. 1943)

In the Matter of COMBusTIoN ENGINEERING COMPANY, INC. and
INTERNATIONAL BROTHERHOOD of BOILERMAKERS, IRON SIIIPBUILDERS
AND HELPERS OF.AMERICA ,
Case No. R-4652.-Decided January 11', 1,943
Jurisdiction : combustion equipment manufacturing industry.
Investigation and Certification of Representatives: existence of question :
refusal to bargain because of dispute as to propriety of unit sought; election
necessary.
Unit Appropriate for Collective Bargaining : all watchmen and guards, exclud-
ing the chief and assistant chief.
Sizer, Chambliss d Ke fauver; by Mr.- Jac. Chambliss, of Chatta-
nooga, Tenn., for the Company.
Mr. H. G. B. King, of Chattanooga, Tenn., for the boilermakers.
Miss Muriel J. Levor, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon an amended petition duly filed by International Brotherhood
of Boilermakers, Iron Shipbuilders and Helpers of America, herein
'called the Boilermakers, alleging that a question affecting commerce
had arisen concerning the representation of employees of the Com-
bustion Engineering Company, Inc., herein called the Company, at
its Hedges-Walsh-Weidner Division at Chattanooga, Tennessee, the
National Labor Relations Board provided for an appropriate hearing
upon due notice before Paul L. Styles, Trial Examiner. Said hear-
ing was held at Chattanooga, Tennessee, on December 2, 1942. The
Company and the Boilermakers appeared, participated, and were
afforded full opportunity to be heard, to examine 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.
Upon the entire record in the case, the Board makes the following:
46 N. L. R. B , No. 708.
937
938 DECISIONS OF NATIONAL LABOR RELATIONS' BOARD
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Combustion Engineering Company, Inc., is a Delaware corpora-
tion engaged in the manufacture,, sale, and distribution of steam
.generating, fuel-burning equipment at its plants in' Chattanooga,
Tennessee. The Hedges-Walsh-Weidner Division of the Company
is alone here involved. During the year ending October 1, 1942,
the Company purchased in excess of $5,000,000 worth of-raw materials,
consisting of iron and steel products, more tl 'an 50 percent of which
was shipped to its focal plants from points outside the State of
Tennessee. During the same period the Company sold more than
$5,000,000 worth of finished products, more than 50 percent of which
was shipped to points outside the State of Tennessee.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
International Brotherhood of Boilermakers, Iron Shipbuilders and
Helpers of America, is a labor organization, affiliated with the
American Federation of Labor, admitting to membership employees
of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On or about November 9, 1942, the Boilermakers, claiming' to
represent the Company's plant-protection employees, requested a con-
ference for the purposes of collective bargaining. The Company
refused on, the ground that its contract with the Boilermakers, inter
alia, excludes watchmen and that as auxiliary military police it would
be improper for them to be represented by any union.
A statement of the Field Examiner introduced in evidence at the
hearing indicates that-the Boilermakers represents a substantial num-
ber of employees in the unit hereinafter found appropriate.'-.
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.
The Field Examiner reported that the Boilermakers had submitted 38 signed member-
ship application cards dated from May 1 to November 1, 1942 , that all the signatures
thereon, all of which appear to be genuine, bore the names of persons on the Company's
pay roll of November 7, 1'942, containing a total of 47 names within the appropriate unit.
COMBUSTION ENGINEERING COMPANY, INC. 939
IV. THE APPROPRIATE UNIT
The Boilermakers-contends that all guards and watchmen employed
by the Company at its Hedges-Walsh-Weidner Division in Chatta-
nooga, Tennessee, constitute an , appropriate unit for collective bar-
gaining purposes.
There- is an existing contract between the Company and the
Boilermakers, in which the bargaining unit embraces all production
and maintenance employees', ands expressly excludes watchmen. The
Company "contends that this provision of the contract precludes the
contracting union from representing the guards and watchmen and
that to permit these employees to be represented by the union which
is already the bargaining agent for the production and maintenance
employees would place the guards and watchmen in a position of
conflicting loyalties due to their added responsibilities and duties as
auxiliary military police and would impair their efficiency. We find
these contentions without merit. . The specific exclusion of the watch-
men from the bargaining unit in the contract does not preclude the
contracting union from representing watchmen and guards as a
separate unit. As we have stated in recent cases,' there need be no
conflict between collective bargaining and duty, and guards are en-
titled to choose the same bargaining representative as has been chosen
by other employees of the same employer.
The Boilermakers and the Company are agreed tl}at in the event
guards are -found to constitute an appropriate unit; all the guards'
and ,watchmen, ,including the chief and assistant chief, should be
included. Although the record does not show the degree of super-
visory authority possessed by them, we shall, in accordance with our
usual policy, exclude the chief and assistant chief since their titles
indicate that they are supervisory employees.
We find that all guards and watchmen employed by the Company
at the Hedges-Walsh-Weidner Division in Chattanooga, Tennessee,
excluding the chief and assistant chief, constitute a unit appropriate
,for the purposes of collective bargaining within the meaning of Sec-
tion 9 (b) of the Act.
V. THE DETERMINATION OF 'REPRESENTATIVES
e
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among the em-
Matter of Chiysler Corporation, Highland Park Plant and Local 1111, United Automobile,
Aircraft, and Agricultural Implement Workers of America, affiliated with the C 1 0, 44
N L. R B 881. See also Matter of Campbell Soap Company (Campbell, New Jcisey,
Plant) and United Cannery, Agricultural, Packing & Allied Workers, Local 80, C 1 0, 45
N. L. R B 6, Matter of Westinghouse Air Bral,e Company and United Electrical,
Radio & Machine Workers of America, Local No. 610, 42 N. L. R. B. 525
I
940 DECISIONS OF NATIONAL IrABOR RELATIONS 'BOARD
ployees in the appropriate unit who were employed during the pay-
roll period immediately preceding the date of the 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 Re-
lations Act, and pursuant to Article III, Section 9, of National-Labor
Relations 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 'Combustion En-'
gineering Company, Inc., at its Hedges-Walsh-Weidner Division,
Chattanooga, Tennessee, 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, under the direction and supervision of the Regional
Director for the Tenth Region, acting in this matter as agent for the
National Labor, Relations Board, and subject to Article III, Section
10, of said Rules and Regulations, among the employees in the' unit
found appropriate in Section IV above, who were employed during
the pay-r'oll period immediately preceding the date of this Direction,
including any such employees who did not work during said payroll
period because they were ill or on vacation or temporarily laid off,
and including employees in the armed forces of the United States who
present themselves in person at the polls, but excluding any who
have since quit or been discharged for cause, to determine whether
or not they desire to be represented by International Brotherhood 'of
Boilermakers, Iron. Shipbuilders and Helpers of America, for the
purposes of collective bargaining.