Edwin Bell Co.

National Labor Relations Board - Board Decisions

Jan 2, 1943

46 N.L.R.B. 619 (N.L.R.B. 1943)

In the Matter of EDWIN BELL COMPANY and UNITED CONSTRUCTION
WORKERS, DIVISION OF DISTRICT No. 150, UMWA, AND UNITED STEEL-
WORKERS OF AMERICA
Case No. RE-53.Decided January 2, 1943
Jurisdiction : cooperage manufacturing industry.
Investigation and Certification of Representatives : existence of question: re-
fusal to accord recognition because of conflicting claims of rival organizations;
contract held no bar to, when existence of original contracting union and
identity of its successor, if any, was matter of unresolved dispute between
rival claimants ; election necessary.
Unit Appropriate for Collective Bargaining : all production and maintenance
employees, excluding foremen and salaried employees; stipulation as to.
Mr. R. P. Owsley, of Pittsburgh, Pa., for the Company.
Mr. Peter Ferrara, of Indiana, Pa., Mr. Ralph L. Green, and Mr.
Leroy Thomas, of New Castle, Pa., for District 50.
Mr. Robert E. Stipe, of Aliquippa, Pa., for the U. S. A.
Mr. William C. Baisinger, Jr., of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by the Edwin Bell Company, Pittsburgh,
Pennsylvania, herein called the Company, alleging that a question
affecting commerce had arisen concerning the representation of em-
ployees of the'Company's plant located at Beaver Falls, Pennsylvania,
the National Labor Relations Board provided for an appropriate hear-
ing upon due notice before T. Lowry Whittaker, Trial Examiner.
Said hearing was held at Beaver, Pennsylvania, on November 24, 1942.
The Company, United Construction Workers, Division of District
No. -50, UMWA, herein called District 50, and United Steelworkers
of America, herein called the U. S. A., 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.
46 N. L . R. B, No. 74.
619
.. 620 DECISIONS OF NATIONAL LABOR RELATIONS. BOARD
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
The Edwin Bell Company is an Ohio corporation engaged, at several
plants located in the Pittsburgh, Pennsylvania, area, in the general
cooperage business. The Company's plant located at Beaver Falls,
Pennsylvania, is the only plant involved in this proceeding. During
the first 6 months of 1942, the Company purchased raw material con-
sisting of keg and barrel staves and heading; steel, wood, and iron
hoops; staples, nails, tacks, cleats, and head liners, valued at approxi-
mnately $279,691, 78 percent of which was purchased outside the State
of Pennsylvania. During the same period the Company manufactured
and sold finished products valued at approximately,$624 723, 17 per-
cent of which was sold and transported to purchasers outside the State
of Pennsylvania. The Company admits that it is engaged in commerce
within the meaning of the National Labor Relations Act.
II. THE,ORGANIZATIONS INVOLVED
United Construction Workers, Division of District No. 50, UMWA,
is a labor organization admitting to^ membership employees of the
Company.
United Steelworkers of America is a labor organization affiliated
with the Congress of Industrial Organizations, admitting to member-
ship employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On or about September 17, 1942, the U. S. A. notified the Company
that it represented a majority of the employees in the alleged appro-
priate unit, and requested recognition as bargaining representative
for such employees. The Company refused to recognize the U. S. A.
because of the conflicting claims of District 50.
On March 18, 1942, Local 262, United Construction Workers Organ-
izing Committee, C. I. 0., herein called the U. C. W. O. C., entered into
a bargaining contract with the Company. On April 11, 1942, the con-
tracting parties executed a supplement to this contract which provided
that the original agreement was to remain in effect until April 14, 1943,
and that all employees covered by the contract must be members of
the U.,C. W. O. C., and new' employees must become members within
30 days of the date they were employed. Section XIV of the original
contract provides that either party may, on 10 days' written notice, re-
EDWIN BELL COMPANY 621
quest a conference for the purpose of changing the terms and condi-
tions of the agreement, and further, that, if the parties have not reached
an,agreement within 20 days from date such notice is given, the con-
tract is automatically terminated. The supplement`of April 11, 1942,
did not affect this clause.
Thereafter, on May 29, 1942, the Policy Board of the U. C. W. O. C.
passed a resolution to withdraw from the C. I. O. and affiliate with
District 50, United Mine Workers of America. On June 4, 1942, Dis-
trict 50 entered into an agreement with the Policy Board of the U. C.
«T. O. C. to affiliate the U. C. W. O. C. with District 50, thereby creating
United Construction Workers Division of District 50, United Mine
Workers of America. On June 11, 1942, after the new affiliation, a
meeting of a number of U. C. W. O. C. locals was held at Indiana,.
Pennsylvania, at which a resolution was passed affirming the action
taken by the Policy Board, and it was decided that said resolution
should be referred to the locals for their approval or rejection. Local
262 was not represented at the Indiana meeting, nor has it at any tinme^
since approved the action taken by the Policy Board. On June 12'
1942, the C. I. O. Executive Board advised the officers of the U. C. W.
O. C. that their autonomy was dissolved. On June !5,1941 2, the Com-
pany and District 50 executed a rider to the above contract purporting
to. substitute District 50 for the U. C. W. O. C. as a party to the con-
tract. On September 1, 1942, the members of Local 262, by resolution,
voted to withdraw from District 50 and to affiliate with the U. S. A.
Local 262 continued to _pay membership dues to District 50 through
October 1942, because of the afore-mentioned closed-shop provision in
the contract between the Company and the U. C. W. O. C.
District 50 contends that it is the successor to the U. C. W. O. C. and
as successor is entitled to bargaining rights under the afore-mentioned
contract. District 50 further contends that said contract constitutes
a bar to a, present determination of representatives. The U. S. ' A.
argues that the contract is not a bar because the members of Local 262
had no voice in the afore-mentioned change in affiliation of the
U. C. W. O. C. from the C. I. O. to District 50. The U. S. A. further
contends that the members of Local 262 have indicated by the reso-
lution dated September 1, 1942, their desire to withdraw, from Dis-
trict 50 and to affiliate with the U. S. A. The Company merely desires
that conflicting claims of District 50 and U. S. A. be resolved.
The conflicting claims of District 50 and the U. S. A. lestablish
that there,is an unresolved doubt with respect to the identity of
the labor organization which is the real successor to the U. C. W. O. C.
and which the employee's of the Company in the unit hereinafter found
appropriate desire to represent them. Under ' such circumstances,
622 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
for reasons we have stated in similar cases,' we find that the contract
between the U.^ C. W. O. C. and the Company, which expires April
15, 1943, does not constitute a bar to the ' present determination, of
representatives and we shall resolve the dispute, which has arisen,
by an election by secret ballot.
A statement of the Regional Director introduced in evidence at
the hearing indicates that the U. S. A. represents a substantial num-
ber of employees in the unit hereinafter found appropriate.'
We find that It question affecting commerce has arisen concerning
the representation of employees of the Beaver Falls, Pennsylvania,
plant of the Company within the meaning of Section 9 (c) and Sec-
tion 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
We find, in accordance with a stipulation of the parties, that all
production and maintenance employees of the Company, at its Beaver
Falls, Pennsylvania, plant, excluding foremen and salaried employees,
,constitute a unit appropriate for the purposes of collective bargain-
ing, 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 em-
ployees in"the' appropriate unit %vho 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
I See Natter of Bliss Properties , Park Road Co , Inc, Arthur L Bliss and Janies McD Shea
and United Construction Workers, Divicion of Distr:ot 50, United Mine Workers of America,
et at , 45 N L R B 136; Matter of National Lead Co and United Gas, Coke if Chemical
Workers of America, et at , 45 N L R B 182, and cases cited therein
8 The Regional Director's statement states that the U S A. Submitted to him 21 applica-
tions for membership cards , 20, of which appear to bear genuine signatures of persons whose
names are on the Company 's pay roll of September IT. 1942 , which pay roll contains 23
names of persons in the appropriate unit.
District 50, although requested , submitted no : uthorization cards to the Regional Director,
nor to the Trial Examiner , but-based its representation claim on its alleged contract with
the Company. '
EDWIN BELL COMPANY 623
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with the Edwin Bell
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 Arti-
cle III , Section 10 , of said Rules and Regulations, among the 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 any such 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 employees who have since quit or been discharged for
cause, to determine whether or not they desire to be represented by
United Construction Workers, Division of District No. 50,
UMWA, or by the United Steelworkers of America , for the purposes
of collective bargaining, or by neither.