E. W. Bliss Co.

National Labor Relations Board - Board Decisions

Oct 20, 1944

58 N.L.R.B. 1171 (N.L.R.B. 1944)

In the Matter of E. W. BLISS COMPANY (ROLLING MILL DIVISION) and
UNITED STEELWORKERS OF AMERICA (CIO), DISTRICT #26
Case No. 8-R-1635.-Decided October 00, 1944
Mr. H. F. Smith, of Toledo, Ohio, and Messrs. L. W. Nash, E. G.
Holt, A. Cuteli ff, and M. A. York, of Salem, Ohio, for the Company.
Mr. LaVerne Halsey, of Youngstown, Ohio, and Messrs. William
Steffel and Daniel W. 6Veber, of Salem, Ohio, for the Union.
Miss.Frances Lopinsky, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by United Steelworkers of America
(CIO), District #26, herein called the Union, alleging that a question
affecting commerce had arisen concerning the representation of em-
ployees of E. W. Bliss Company (Rolling Mill Division), Salem, Ohio,
herein called the Company, the National Labor Relations Board pro-
vided for an appropriate hearing upon due notice before William
0. Murdock, Trial Examiner. Said hearing was held at Salem, Ohio,
on September 19, 1944. The Company and the Union appeared and
participated .' All parties 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 hear-
ing are free from prejudicial error and are hereby affirmed. All par-
ties were afforded an 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
E. W. Bliss Company, a Delaware corporation, operates plants in
Brooklyn, New York, Toledo, Cleveland , and Salem, Ohio, and one
plant in Michigan. The only plant involved in the instant proceed-
x Pattern Makers League of North America, also served with notice, did not appear.
58 N. L. R. B., No. 219.
1171
1172 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ing is the one located at Salem, Ohio, known as the Rolling Mill Divi-
sion, where the Company is engaged in the manufacture of heavy
rolling mill equipment. The principal raw materials used by the
Company at its Salem, Ohio, plant, are steel, iron, and brass. The
annual dollar value of such material exceeds $1,000,000, of which ap-
proximately 75 percent comes from sources outside the State of Ohio.
The annual dollar value of the Company's sales from the Salem, Ohio,
plant exceeds $1,000,000, of which approximately 75 percent is shipped
to points outside the State of Ohio.
The Company admits. that it is engaged in- commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
United Steelworkers of America, District x$26, affiliated with the
Congress of Industrial Organizations, is a labor organization admit-
ting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the Union as the
exclusive bargaining representative of its employees until the Union
has been certified by the Board in an appropriate unit.
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that the Union represents a substantial number of em-
ployees in the unit hereinafter found appropriate.2
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
In substantial accordance with the agreement of the parties, we find
that all production and maintenance employees of the Company at its
Salem plant, including watchmen and unmilitarized guards, but ex..
eluding office employees, pattern makers, draftsmen, and other techni-
cal employees, militarized guards,-' 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 appropriate for the purposes of collective
bargaining within the meaning of Section 9 (b) of the Act.
Y The Field Examiner reported that the Union submitted 156 authorization cards, all of
which bore signatures of persons listed on the Company ' s pay roll of August 30, 1944,
which contained the names of 244 employees in the appropriate unit; and that the cards
-were dated in May, June , July, and August 1944.
H Although the Company employs no militarized guards at the present time , the parties
requested that this exclusion be noted for possible future reference.
E. W. BLISS COMPANY
V. TIIE DETERMINATION OF REPRESENTATIVES
1173
The parties are in dispute as to whether or not "learners" or "tem-
porary" employees, and apprentices may participate in the election,
the Company contending that they should be declared ineligible to
vote; the Union contending that they should be allowed to participate.
The Company's regular operations are the manufacture of heavy
rolling mill equipment. As a war project, it has taken on a subcon-
tract for-the construction of tank turrets. On the basis of the number
of turrets ordered and completed, and the fact that the prime con-
tractor for which they are being constructed is now producing them,
the Company estimates that it will return to normal operations in
December 1944. - Since accepting the subcontract, the Company has
employed a, number of people, including women and high school
students and young boys who have recently finished high school whom
it accepts as "learners" and classifies as "temporary" employees. The
Company contends that although these employees are competent to
perform operations in the manufacture of tank turrets, which requires
little skill because operations are repetitive, they cannot' be used in
the manufacture of rolling mill equipment which requires skill and
physical fortitude, and that, consequently, when the subcontract shall
have been completed, they will be discharged. However, within the
group of "temporary" employees are machinists whom the Company
intends to retain, and boys whom the Company has promised a possible
apprenticeship. Moreover, it appears that although many of the
normal operations of the Company require skill and physical fortitude
not possessed by some of the "temporary" employees, there are certain
operations, now being performed by women and boys, which are dupli-
cated in the Company's normal operations. Since "temporary" em-
ployees do, therefore, have a reasonable expectation of permanent
employment with the Company, we hold them eligible to participate
in the election hereinafter directed.
Unlike "learners," apprentices are required to serve a 4-year train-
ing period, after which they are classified as regular production and
maintenance employees. Since the expectation of permanent employ-
ment is greater for an apprentice than for "temporary" employees, we
hold apprentices, also, eligible to participate in the election herein-
after directed.
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among the em-
ployees 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.
1174 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 representa-
tives for the purposes of collective bargaining with E. W. Bliss Com-
'pany (Rolling Mill Division), Salem, Ohio, 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 super-
vision of the Regional Director for the Eighth 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, and
the determination made in Section V, above, 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 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
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 or not they desire to be represented by United
Steelworkers of America (CIO), District #26, for the purposes of
collective bargaining.