Edwin Bell Co.Download PDFNational Labor Relations Board - Board DecisionsJan 2, 194346 N.L.R.B. 619 (N.L.R.B. 1943) Copy Citation 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. Copy with citationCopy as parenthetical citation