Crane Co.

National Labor Relations Board - Board Decisions

Mar 18, 1946

66 N.L.R.B. 917 (N.L.R.B. 1946)

In the Matter of CRANE COMPANY and UNITED ASSOCIATION OF
JOURNEYMEN PLUMBERS AND STEAM FITTERS, LOCAL UNION No. 91,
A. F. OF L.
Case No. 10-R-1679.-Decided March 18, 1946
Messrs. Hobart A. McWhorter and J. S. Venable, both of Birming-
ham, Ala., for the Company.
Mr. 0. L. Allen, of Birmingham, Ala., for the Plumbers.
Messrs. W. J. Shewmake and Sam Stevens, both of Birmingham,
Ala., for the Steelworkers.
Mr. Jerome J. Dick, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by United Association of Journeymen
Plumbers and Steam Fitters, Local Union No. 91, A. F. of L., herein
called the Plumbers, alleging that a question affecting commerce had
arisen concerning the representation of employees of Crane Company,
Birmingham, Alabama, herein called the Company, the National
Labor Relations Board provided for an appropriate hearing upon
due notice before Albert D. Maynard, Trial Examiner. The hearing
was held at Birmingham, Alabama, on January 7, 1946. At the
hearing the Trial Examiner granted the motion of United Steel-
workers of America, C. I. 0., herein called the Steelworkers, to inter-
vene. The Company, the Plumbers, and the Steelworkers appeared
and participated. All parties were afforded full opportunity to be
heard, to examine and cross-examine witnesses, and to introduce evi-
dence bearing on the issues. The Trial Examiner's rulings made at
the hearing are free from prejudicial error and are hereby affirmed.
All parties were afforded opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
The Crane Company is an Illinois corporation with its principal
offices in Chicago, Illinois. The Company's manufacturing plant
66 N. L. R. B., No. 112.
917
918 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
in Birmingham, Alabama, is solely involved in this proceeding. At
this plant the Company is engaged in the manufacture of fabricated
pipe. During the year 1945, the Company purchased in excess of
$100,000 worth of raw materials, consisting of steel pipe and fittings
in finished form, 50 percent of which was shipped to the Birmingham
plant from points outside the State of Alabama. During the same
period the Company sold at its Birmingham plant in excess of
$250,000 worth of finished products, 33 percent of which was shipped
to points outside the State of Alabama.
The Company admits that it is engaged in commerce within the
meaning of the National Labor relations Act.
II. THE ORGANIZATIONS INVOLVED)
United Association of Journeymen Plumbers and Steam Fitters,
Local Union No. 91, is a labor organization affiliated with the Amer-
ican Federation of Labor, admitting to membership employees of the
Company.
United Steelworkers of America is a labor organization affiliated
with the Congress of Industrial Organizations, admitting to mem-
bership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
Pursuant to the results of an election held in a prior representation
proceeding,' the Board certified the Steelworkers as the exclusive
bargaining representative of the employees within an appropriate
bargaining unit substantially similar to the unit hereinafter found
appropriate. Subsequently, on December 19, 1944, the Steelworkers
and the Company entered into a collective bargaining agreement.
This agreement contained the following termination clause :
This agreement shall be in full force and effect for a period
of 1 year from the date hereto and shall thereafter continue in
effect for the successive periods of one year, unless one party
shall serve notice on the other thirty days before any anniversary
date, that the contract shall terminate on the anniversary date.
By letter dated November 5, 1945, the Plumbers advised the Com-
pany that it represented a majority of the employees within an alleged
appropriate bargaining unit and requested recognition as their
exclusive bargaining representative. In an answering letter dated
November 20, 1945, the Company advised the Plumbers of its con-
tract with the Steelworkers and that it could not accord the Plumbers
the recognition sought. On November 23, 1946, the Plumbers filed its
petition herein.
I See Matter of Crane Company, 57 N. L R. B. 464.
CRANE COMPANY 919
The Steelworkers contends that the contract of 1944 constitutes a
bar to this proceeding. But inasmuch as the Company was notified
of the Plumbers' rival claim to representation before the effective
date of the automatic renewal clause in this agreement, we find that
it does not preclude a present determination of representatives?
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that the Plumbers represents a substantial number of
employees in the unit hereinafter found appropriate.3
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.
IV. THE APPROPRIATE UNIT
The Plumbers seeks a unit composed of all production and mainte-
nance employees, including the assistant foreman, but excluding four
warehouse porters, three crane operators, two carpenters, one night
watchman, the assistant shipping clerk, office and clerical employees,
and all supervisory employees.4 The Steelworkers and the Company
contend, however, that the appropriate unit should more strictly
conform to that previously established by the Boards Accordingly,
they ask for the inclusion of the warehouse porters, crane operators,
and carpenters. Although the night watchman was excluded from
the previously established unit, the Company and the Steelworkers,
contrary to the Plumbers' demand, request that he be included. As
to the assistant shipping clerk, the Steelworkers agrees with the
Plumbers that he be excluded in conformance with the Board's prior
determination, but the Company asks the Board to decide whether or
not lie should be so excluded. Finally, contrary to the wishes of the
Plumbers, the Steelworkers seeks the exclusion of the assistant fore-
man, a classification created after the last Board proceeding, and the
Company takes a neutral position in this respect.
The duties of the warehouse porters, crane operators, carpenters,
and assistant shipping clerk have not changed since the prior pro-
ceeding. Moreover, the first three categories have been represented
since that time by the Steelworkers, whereas the fourth has not.
Therefore, as in the last proceeding, the warehouse porters, crane
operators, and carpenters will be included, and the assistant shipping
clerk will be excluded.
" See Matter of Craddock-Terry Shoe Corp., 55 N L R. B. 1406
:. The Field Examiner reported that the Plumbers submitted cards bearing the names of
34 employees listed on the Company's pay roll of November 30, 1945. The Steelworkers
submitted no cards, relying on its contract with the Company as evidence of its interest
There are approximately 55 employees in the appropriate unit.
The Plumbers desires a unit embracing employees who do any work relating to pipe.
• See footnote 1, supra.
920 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The night watchman was excluded in the prior proceeding only
because he was a militarized employee. However, he is no longer a
member of the auxiliary military police. His duties consist of the
hourly punching of American District Telephone Clocks. He is not
a monitorial employee, and merely performs the usual functions of a
night watchman. We shall include him.
The employee occupying the relatively new position of assistant
foreman spends most of his time inspecting pipe,6 and also acts as a
conduit for the transmission of the foreman's orders. He apparently
has none of the authority usually vested in supervisory employees,
and, like the production workers, is paid on an hourly basis. We
find that the assistant foreman is not a supervisory employee, and we
shall include him.
We find that all production and maintenance employees at the
Company's Birmingham, Alabama, plant, including the warehouse
porters, the crane operators, the carpenters, the night watchman, and
the assistant foreman, but excluding office and clerical employees, the
assistant shipping clerk, and all supervisory employees with authority
to hire, promote, discharge, discipline, or otherwise effect changes
in the status of employees, or effectively recommend such action,
constitute a unit appropriafe 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 employees
in the appropriate unit who were employed during the pay-roll period
immediately preceding the date of the Direction of Election 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 Rela-
tions 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 representa-
tives for the purposes of collective bargaining with Crane Company,
Birmingham, Alabama, 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
• There is an employee classified as an inspector who also inspects pipe.
CRANE COMPANY 921
Regional Director for the Tenth 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 em-
ployees 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
said pay-roll period because they were ill or on vacation or tem-
porarily laid off, and including employees in the armed forces of the
United States who present themselves in person at the polls, but ex-
cluding those employees 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 United
Association of Journeymen Plumbers and Steam Fitters, Local Union
No. 91, A. F. of L., or by United Steelworkers of America, C. I. 0.,
for the purposes of collective bargaining, or by neither.