Cooper-Bessemer Corp.

National Labor Relations Board - Board Decisions

Jul 26, 1945

62 N.L.R.B. 1451 (N.L.R.B. 1945)

In the Matter of COOPER -BESSEMER CORPORATION , GROVE CITY PLANT
and PATTERN MAKERS LEAGUE OF NORTH tTVIERICA, A. F L
In the Matter of COOPER-BESSEMER CORPORATION , GROVE CITY PLANT
and INTERNATIONAL BROTHERHOOD OF BLACKSMITHS , DROP FORGERS
AND HELPERS ; INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORK-
ERS; INTERNATIONAL ASSOCIATION OF MACHINISTS ; INTERNATIONAL
MOLDERS AND FOUNDRY WORKERS UNION OF NORTH AMERICA ; UNITED
ASSOCIATION OF PLUMBERS AND STEAMFITTERS OF UNITED STATES AND
CANADA; SHEET METAL WORKERS INTERNATIONAL ASSOCIATION; AND
INTERNATIONAL BROTHERHOOD OF CARPENTERS AND JOINERS, ALL
AFFILIATED WITH THE A. F. L:
Cases Nos. 6-R-1151 and 6-R-1152, respectively.-Decided
July 26, 1945
Messrs. John N. Wherry and Carl H. Vaupael, of Grove City, Pa., for
the Company.
Mr. E. W. Patterson of Cleveland. Ohio, for International Brotherhood
of Blacksmiths, Drop Forgers and Helpers.
Mr. George H. Poulson, of Erie, Pa., for International Brotherhood of
Electrical Workers.
Mr. A. G Skundor, of Pittsburgh, Pa., and Mr. Janes J Dennis, of
New Castle. Pa. for International Association of Machinists
Messrs. William H. Schell and .1 H Langley, of Cleveland, Ohio, for
,International Molders and Foundry Workers Union of North America.
Mr. J. T. Garvey, of Pittsburgh, Pa., for Sheet Metal Workers Inter-
national Association.
111r. A. B. Keefer, of Grove City, Pa., for the International Brotherhood
of Carpenters and Joiners.
Mr. C. D. Madigan, of Cleveland, Ohio, and Mr Pail A. Garets, of
Pittsburgh, Pa., for the Pattern Makers.
Mr. James P. McWeeny, of Cleveland, Ohio, for the A. F. L.
Mr. John J. Brownlee, of Pittsburgh, Pa., and Mr Ben Phillips, of
Grove City, Pa., for the C. I. O.
Mr. Harry Nathanson, of counsel to the Board
'No representative of the United Association of Plumbers and Steamfitters of United States and
Canada appeared at the hearing
62 N. L. R. B., No. 201.
1451
1452 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
DECISION
DIRECTION OF ELECTION
•
AND
ORDER
STATEMENT OF THE CASE
Upon a petition duly filed by Pattern Makers League of North America,
A. F. L., herein called the Pattern Makers, and one duly filed by Inter-
national Brotherhood of Blacksmiths, Drop Forgers and Helpers; Interna-
tional Brotherhood of Electrical Workers; International Association of
Machinists; International Molders and Foundry Workers Union of North
America ; United Association of Plumbers and Steaumfitters of United
States and Canada ; Sheet Metal Workers International Association; and
International Brotherhood of Carpenters and joiners, all affiliated with the
A. F. L. and herein collectively called the A. F. L., each alleging that a
question affecting commerce had arisen concerning the representation of
employees of Cooper-Bessemer Corporation, Grove City Plant, Grove City,
Pennsylvania, herein called the Company, the National Labor Relations
Board provided for an appropriate consolidated hearing upon due notice
before W. G. Stuart Sherman, Trial Examiner. Said hearing was held
at Mercer, Pennsylvania, on June 6, 1945. The Company, the Pattern
Makers, the A. F. L., and United Steelworkers of America, C. I. 0.,
herein called the C. I. 0., appeared and participated. All parties were
afforded full opportunity to be heard, to examine and cross-examine wit-
nesses, and to introduce evidence bearing on the issues. At the hearing
the C. I. O. moved to dismiss the Pattern Makers' petition and the Trial
Examiner referred the motion to the Board for determination. For rea-'
sons set forth in Section IV, infra, the motion is granted. The Trial Exam-
iner'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. Subsequent to the hearing the C. I. O. moved to reopen
the record for the purpose of presenting additional evidence and argument
concerning certain of the issues raised in these proceedings. Objection
to the granting of the'motion was made by the Pattern Makers and the
A. F. L. The C. I. O.'s motion is denied.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Cooper-Bessemer Corporation, an Ohio corporation, operates plants
at Grove City, Pennsylvania; and Mount Vernon, Ohio. We are here
11
COOPER- BESSEMER CORPORATION 1453
concerned with the Grove City plant which is engaged in the production
of diesel engines for the United States Navy and United States Army
Transportation Corps. Annually the Company purchases for use at its
Grove City plant approximately $1,500,000 worth of raw materials, of
which about 25 percent is bought outside the Commonwealth of Pennsyl-
vania. The Grove City plant annually manufactures finished products
valued in excess of $25,000,000, all of which is shipped to points outside
the Commonwealth of Pennsylvania.
The Company admits that it is engaged in commerce within the meaning
of the National Labor Relations Act.
e
H. THE ORGANIZATIONS INVOLVED
Pattern Makers League of North America; International Brotherhood
of Blacksmiths, Drop Forgers and Helpers ; International Brotherhood
of Electrical Workers ; International Association of Machinists; Interna-
tional Molders and Foundry Workers Union of North America; United
Association of Plumbers and Steanifitters of United States and Canada ;
Sheet Metal Workers International Association; and International Broth-
erhood of Carpenters and joiners, all affiliated with the American Federa-
tion of Labor, are labor organizations admitting to membership employees
of the Company.
United Steelworkers of America, affiliated with the Congress of Indus-
trial Organizations, is a labor organization admitting to membership enI-
ployees of the Company.
III. THE QUESTION CONCERNING -REPRESENTATION
By letter dated March 20, 1945, the A. F. L. and the Pattern Makers
requested the Company to recognize them as the exclusive bargaining
representatives of certain of the Company's employees. In a reply dated
March 29, 1945, the Company stated that it refused to recognize the
A. F. L. and the Pattern Makers, "unless advised or directed" to do so
by the Board.
The Company and the C. I. 0. entered into a 1-year closed-shop collec-
tive bargaining agreement dated May 24, 1944, which provided, in part,
as follows :
Section XIV-Termination Date
This Agreement is binding on the signatories hereto, and shall
he in full force and effect until May. 24, 1945, and thereafter shall
continue in full force and effect unless terminated as follows :
(A) Thirty (30) days prior to the expiration date of this Agree-
ment, or any time thereafter, either party may on thirty (30) days'
written notice to the other party terminate this Agreement, whereupon
the same shall be terminated after said thirty (30) clays.....
1454 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
By Supplemental Agreement dated May 23, 1945, the Company and the
C. I. O. continued the Agreement of May 24, 1944, "until final disposition
of matters in dispute between the parties."
Since it is clear that the contract, as supplemented, has been in existence
for more than 1 year and is now of indefinite duration, there is no bar to
a present determination of representatives?
A statement of the Regional Director, introduced into evidence at the
hearing, indicates that the A. F. L. represents a substantial number of
employees in the unit hereinafter found appropriate.'
Insofar as the A. F. L.'s petition is concerned 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.
However , since we later find the unit sought by the Pattern Makers
to be inappropriate , insofar as its petition is concerned we find that no
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.
IV. THE APPROPRIATE UNIT
The A. F. L. seeks a unit of all the Company's employees at its Grove
City, Pennsylvania, plant, excluding foremen, assistant foremen, super-
visors in charge of any classes of labor, watchmen, plant guards, salesmen,
engineers , inventory checkers, office clerical employees, salaried employees,
inspectors , pattern makers, and pattern makers' apprentices. The Pattern
Makers requests a unit of all wood and metal pattern makers and pattern
makers' apprentices. On the other hand, the C. I. O. desires a single unit
including both groups sought by the A. F. L. and Pattern Makers The
Company takes no affirmative position with respect to the appropriate unit
From 1937 to 1941, the C. I O. and the Company were bound be collec-
tive agreements in which the former was recognized as the bargaining agent
of its members only. On September 24, 1941, the C. I. O. filed a petition
with the Board' seeking a plant-wide unit, with certain exceptions,' and "
2 See Matter of Ionia Desk Company, 59 N. L R B. 1522, and Matter of Ball Brother r Company,
54 N. L. R B. 1512
3 The Regional Director reported that the A F. L submitted 371 application for membership
authorization cards bearing apparently genuine signatures , and that there were 1 ,899 employees in
its alleged appropriate unit He further reported that the Pattern Makers submitted 14 application
for membership cards bearing apparently genuine signatures and that there were 25 employees in its
alleged appropriate unit. The C. I. 0 relies upon its 1944 closed -shop contract as evidence of its
interest in the instant pioceedings
In view of the closed -shop provision in the C. I. O.'s 1944 contract , the A F L 's showing is con-
sidered by us to be substantial See Matter of National Contmnei Corporation, 62 N L R B 48
'Case No 6-R-353
6 The C I 0 sought to exclude "foienien, assistant foiemen, or supervisors in charge of any
classes of labor, watchmen, inspectors, sales , engineering, clerical, or any salai ied employees."
COOPER-BESSEMIER CORPORATION 1455
on September 26, 1941, the Pattern Makers filed a petition' requesting a
unit of the Company's pattern makers and pattern makers' apprentices.
Thereafter an "Agreement for Membership Application Cards vs. Com-
pany Pay Roll Check" dated January 27, 1942, was entered into between
the C. I. O. and the Company to determine whether or not the C. I. O.
represented a majority of the Company's employees in substantially the
same unit it now seeks, except that the C. I. O. agreed to exclude pattern
makers and pattern makers' apprentices only for the purpose of permitting
the Board to act upon the Pattern Makers' petition and determine whether
or not these employees comprised a separate unit or were to be included
with the other employees sought by the C. I. O. in a single unit. On Janu-
ary 28, 1942, a "cross-check" was conducted under the auspices of the
Board, based upon the C. I. O.'s petition, with the result that it was
designated by the Acting Regional Director as the collective bargaining
representative of the employees it sought, excluding pattern makers and
apprentices. On March 10, 1942, based upon the Pattern Makers' petition.
an "Agreement for Consent Election" was entered into wherein it was
agreed, in part, that an election by secret ballot was to be conducted among
the pattern makers and the pattern makers' apprentices to determine
whether they desired to- be represented by the Pattern Makers, by the
C. I. 0., or by neither. It was further aga-eed that in the event the Pattern
Makers received a majority of the valid votes cast, the Company was to
recognize the Pattern Makers as the exclusive bargaining representative
"of all employees in a unit consisting of pattern makers and pattern
makers' apprecentices," and that if the C. I 0 received a majority of the
valid votes cast, the Company was to recognize the C I. O. as the exclusive
collective bargaining agent "of all its employees . . including the pattern
makers and pattern makers' apprentices " In accordance with this agree-
ment an election by secret ballot was conducted on March 19, 1942, under
Board auspices, and the C. I. O. received a majority of the valid votes cast.'
Since May 24, 1942, pursuant to the terms of the consent election agree-
ment, the C. I. O. and the Company have executed collective bargaining
contracts embracing substantially the same employees the C I. O. now
contends form an appropriate unit in which the C 1 0 has been recog-
nized as sole bargaining agent.
From the foregoing facts it is plain that the Company's pattern makers
and pattern makers' apprentices were given an opportunity to express their
desires as to the type of unit in which they were to be represented. By
Case No. 6-R-335
The results of the election were as follows
Total on eligibility list 29
Total valid votes counted 29
Votes cast for the C. I. 0 16
Votes cast for the Pattern Makers 12.
Votes for neither 1
1456 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
selecting the C. I. O. in 1942 they chose to be bargained for as part of
a more comprehensive grouping. Ever since, the C. I. O. has bargained
for all the Company's employees in a plant-wide unit This unit, we con-
clude in the circumstances, is appropriate, and the unit sought by the Pat-
tern Makers inappropriate, for the purposes of collective bargaining R
We find, accordingly, that all the Company's employees at its Grove
City, Pennsylvania, plant, including pattern makers and pattern makers'
apprentices, but excluding watchmen, plant guards, salesmen, engineers,
inventory checkers, office clerical employees, salaried employees, inspectors,
foremen, assistant foremen, supervisors in charge of any classes of labor,
and all other supervisory employees with authority to hire, promote, dis-
charge, discipline, or otherwise effect changes in the status of employees,
or effectively recommend such action, constitute a unit appropriate for the
purposes of collective bargaining within the meaning of Section 9 (b)
of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which has
arisen be resolved by an election by secret ballot among the employees
in the appropriate unit who were employed during the pay-roll period
immediately preceding the date of the Direction of Election herein, sub-
ject 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 Relations Act,
and pursuant to Article III, Section 9, of National Labor Relations Board
Rules and Regulations-Series 3, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representatives
for the purposes of collective bargaining with Cooper-Bessemer Corpora-
tion, Grove City Plant, Grove City, Pennsylvania, an election by secret
ballot shall be conducted as early as possible, but not later than thirty (30)
clays from the date of this Direction, under the direction and supervision
of the Regional Director for the Sixth Region, acting in this matter as
agent for the National Labor Relations Board, and subject to Article III,
Sections 10 and 11, of said Rules and Regulations, among the employees'
in the unit found appropriate in Section IV, above, who were employed
during the pay-roll period immediately preceding the date of this Direction,
including employees who did not work during the said pay-roll period
8 See Matter of General Metals Corporation, 59 N. L. R. B. 1252, and Matter of York Corpora-
lion, 61 N. L . R. B 462.
We hereby grant the A. F. L.'s request to appear bn the ballot as "Metal Trades Union , affili•
ated with the American Federation of Labor."
COOPER-BESSEMER CORPORATION 1457
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 and have not been rehired or reinstated prior to the
date of the election, to determine whether they desire to be represented
by Metal Trades Union, affiliated with the American Federation of Labor,
or by United Steelworkers of America, C. I. 0., for the purposes of
collective bargaining, or by neither.
ORDER
IT IS HEREBY ORDERED that the petition for investigation and certifica-
tion of representatives of employees of Cooper -Bessemer Corporation,
Grove City Plant, Grove City, Pennsylvania, filed herein by Pattern
Makers League of North America , A. F. L. (Case No. 6-R-1151), be,
and it hereby is, dismissed.
CHAIRMAN HERZOG took no part in the consideration of the above Deci-
sion, Direction of Election , and Order.