Duff-Norton Manufacturing Co.

National Labor Relations Board - Board Decisions

Dec 3, 1943

53 N.L.R.B. 1064 (N.L.R.B. 1943)

In the Matter of DUFF-NORTON MANUFACTURING COMPANY and
UNITED STEELWORKERS OF AMERICA, C. I. O.
Case No. 6-R-793.-Decided December 3, 1943
Mr. Donald W. Ebbert, of Pittsburgh; Pa.; for the Company.
Mr. Robbin B. Wolf, of Pittsburgh, Pa., for the Independent.
Mr. Philip M..Curran, of Pittsburgh, Pa., for the United.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition and amended petition duly filed by United Steel-
workers of America, C. I.. 0., herein called the United, alleging that a
question affecting commerce had arisen concerning the representation
of employees of Duff-Norton Manufacturing Company, Pittsburgh,
Pennsylvania, herein called the Company, the National Labor Rela-
tions Board provided for an appropriate hearing upon due notice be-
fore S.. Craig Carnes, Trial Examiner. Said hearing was held at
Pittsburgh, Pennsylvania, on November 12,. 1943. At the commence-
ment of the hearing the Trial Examiner granted a motion of Duff-
Norton Independent Union, herein called the. Independent, to
intervene. The Company, the Independent, and the United appeared,
participated, and were afforded full opportunity to be heard, to ex-
amine 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. All parties were
afforded opportunity to We briefs with the Board.
Upon the entire record in the case, the Board makes the following
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Duff-Norton Manufacturing Company is a Pennsylvania corpora-
tion with its principal place of business at Pittsburgh, Pennsylvania,
where it is engaged in the manufacture of drop forgings, lifting jacks,
53 N. L. R. B., No. 198.
1064
DUFF-NORTON MANUFACTURING COMPANY 1065
and special devices. During the 12-month period preceding the date
of the hearing, the Company purchased raw materials valued in excess
of $1,500,000, about 20 percent of which was shipped to it from points
outside the State of Pennsylvania. During the same period the Com-
pany manufactured products at its Pittsburgh plant valued in excess
of $3.000,000, about 75 percent of which was shipped to points-outside
the State of Pennsylvania. The Company admits and we find, that
it is engaged in' commerce within the meaning of the National Labor
Relations Act.
II. THE ORGANIZATIONS INVOLVED
Duff-Norton Independent Union is an unaffiliated -labor organiza-
tion, 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
On August 5, 1943, the United requested the Company to recognize
it as exclusive collective bargaining representative of the Company's
employees. The Company refused this,request.
On October 5, 1942, the Company, and the' Independent entered
into an exclusive collective bargaining contract. The contract pro-
vides that it shall remain in effect until October 5, 1943, and from
year to year thereafter unless either party,thereto notifies the other
of a desire ,to terminate ,not less than 60 days prior to any annual
expiration date. Inasmuch. as the United made its claim upon the
Company on August 5, 1943, the day before the contract might have
renewed itself, we find that it does not constitute ^a bar to a deter-
mination of representatives at this time. . , ,
A statement of the Regional Director, introduced into evidence at the
hearing, indicates that the United represents a substantial number of
employees in the unit hereinafter found to be 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.
IV. THE APPROPRIATE UNIT
We find, in agreement with a stipulation of the parties, that all
production and maintenance employees at.the Pittsburgh plant of the
Company, excluding policemen, guards, die-room workers, all salaried
1 The Regional Director reported that the United presented 179 authorization cards bear-
ing apparently genuine signatures of employees whose names appear on the October 1, 1943,
pay roll The Independent did not present any evidence of membership , but relies--upon its
contract as evidence of its interest in the instant proceeding . There are about 340 employees
in the appropriate unit '
1066 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
employees, foremen, assistant foremen, supervisors in charge of any
class of labor, and any other supervisory employees with authority
to hire, promote, discharge, discipline, or otherwise effect changes in
the status of employees, or effectively recommend such action, con-
stitute a unit appropriate for the purposes of collective bargaining,
within the meaning of Section 9 (b) of the Act.2
V. THE DETERMINATION OF REPRESENTATIVES
We find that the question concerning representation which has
arisen can best be resolved by means of an election by secret ballot.
The United urges that the pay roll of August 17, 1943, be used to
determine eligibility to vote. Inasmuch as no persuasive reason ap-
pears as to why we should depart from our usual practice, we shall
direct that those eligible to vote shall be the employees in the appro-
priate unit who were employed during the pay-roll period immedi-
ately 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, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Duff-Norton
Manufacturing Company, Pittsburgh, Pennsylvania, 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 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 Regula-
tions, 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 said pay-roll 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
and have not been rehired or reinstated prior to the date of the
election, to determine whether they desire to be represented by Duff-
Norton Independent Union, or by United Steelworkers of America,
C. I. 0., for the purposes of collective bargaining, or by neither.
8 This is substantially the same unit as provided for in the contract between the Com-
pany and the Independent.