Florence Pipe Foundry & Machine Co.

National Labor Relations Board - Board Decisions

Sep 13, 1939

15 N.L.R.B. 250 (N.L.R.B. 1939)

In the Matter of FLORENCE PIPE FOUNDRY & MACHINE CO. and STEEL
WORKERS ORGANIZING COMMITTEE , ON BEHALF OF ITSELF AND OF
LODGE 2040, AMALGAMATED ASSOCIATION OF IRON , STEEL AND TIN
WORKERS OF NORTH AMERICA
Case No. R-1460.Decided September 13, 1939
Pipe Foundry and Machine Manufacturing Industry-Investigation of Repre-
sentatives : controversy concerning representation of employees ; rival organiza-
tions ; refusal of company to recognize petitioning union as bargaining agent
for employees-Closed-Shop Contract: executed with rival union after petition
filed; parties to the contract had notice of petitioning union's demands for
recognition ; record does not establish that contracting union represented a
majority ; no bar to investigation of representatives-Unit Appropriate for
Collective Bargaining : all production and maintenance employees of the com-
pafiy, excluding foremen, clerical employees, and employees whose duties are
exclusively supervisory; agreement as to-Representatives : conflicting claims of
two labor organizations ; majority of employees signed up with each of the
two contesting unions-Election Ordered: eligibility to vote determined by pay
roll next preceding the date of the closed -shop contract; stipulation as to.
Mr. Weldon P. Monson, for the Board.
Foulkrod, Sheppard, Porter, and Alexander, by Mr. F. Raymond
Wadlinger, of Philadelphia, Pa., for the Company.
Mr. M. H. Goldstein and Mr. Michael Harris, of Philadelphia, Pa.,
for the S. W. O. C.
Mr. Harry Stevenson of Cincinnati, 0., for the I. M. U.
Mr. Leonard Lindquist, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On January 19, 1939, Steel Workers Organizing Committee, herein
called the S. W. O. C., on behalf of itself and of Lodge 2040, Amal-
gamated Association of Iron, Steel and Tin Workers of North Amer-
ica, filed with the Regional Director for the Fourth Region (Philadel-
phia, Pennsylvania) a petition alleging that a question affecting com-
merce had arisen concerning the representation of employees of
Florence Pipe Foundry & Machine Co., Florence, New Jersey, herein
called the Company, and requesting an investigation and certifica-
tion of representatives pursuant to Section 9 (c) of the National Labor
15 N. L. R. B., No. 31.
250
FLORENCE PIPE FOUNDRY & MACHINE CO. 251
Relations Act, 49 Stat. 449, herein called the Act. On June 21, 1939,
the National Labor Relations Board, herein called the Board, acting
pursuant to Section 9 (c) of the Act and Article III, Section 3, of
National Labor Relations Board Rules and Regulations-Series 1,
as amended, ordered an investigation and authorized the Regional
Director to conduct it and to provide for an appropriate hearing upon
due notice;
On July 27, 1939, the Regional Director issued a notice of hearing,
copies of which were duly served upon the Company, upon the
S. W. O. C., and upon International Molders Union of North America,
herein called the I. M. U., a labor organization claiming to represent
employees directly affected by the investigation. Pursuant to the
notice, a hearing was held on August 10 and 11, 1939, at Burlington,
New Jersey, before Henry W. Schmidt, the Trial Examiner duly des-
ignated by the Board. At the hearing, a petition to intervene filed
by the I. M. U. on its own behalf and on behalf of its Local No. 12 was
granted without objection. The I. M. U. moved that the proceedings
be dismissed, and as a basis for its motion alleged that on January 30,
1939, the Company and. the I. M. U. had entered into a closed-shop
agreement and that the same was still in full force and effect. The
Trial Examiner did not rule on the motion. It is hereby denied. The
Board, the Company, and the S. W. O. C. were represented by counsel,
and the I. M. U. by a union official; all participated in the hearing.
Full opportunity to be heard, to examine and to cross-examine wit-
nesses, and to introduce evidence bearing on the issues was afforded
all the parties. During the course of the hearing, the Trial Examiner
made several rulings on motions and on objections to the admission of
evidence. The Board has reviewed the rulings of the Trial Examiner
and finds no prejudicial- errors were committed. The rulings are
hereby affirmed. Subsequent to the hearing, the attorney for the
Company filed a brief which has been considered by the Board.
Upon the entire record in the case, the Board makes the following :
.FINDINGS OF FACT .
I. THE BUSINESS OF THE COMPANY
The Company, a New Jersey corporation, with its plant and office
located at Florence, New Jersey, is engaged in the manufacture, sale,
and distribution of cast-iron pipes and fittings, fire hydrants and
valves, and hydraulic machinery. The principal raw materials used
are pig iron, scrap iron, coal, coke, sand, fuel oil, brass, copper, steel
castings, and forgings, approximately 80 per cent of which are ob-
tained from States other than New Jersey.
252 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
During the year 1938 the Company employed an average of 689
persons with a total pay roll of $1,017,841.56. The total net sales of
the Company's products- during the year 1938 amounted to $2,737,-
613.17, and approximately 81 per cent of the finished products were
shipped outside the State of New Jersey.
II. THE ORGANIZATIONS INVOLVED
Steel Workers Organizing Committee is a labor organization affili-
ated with the Congress of Industrial Organizations. Lodge 2040,
Amalgamated Association of Iron, Steel and Tin Workers of North
America, represented by Steel Workers Organizing Committee in this
case, is a labor organization, affiliated with Steel Workers Organizing
Committee and the Congress of Industrial Organizations, admitting
to membership all employees engaged in the manufacturing processes
of the Company other than supervisory and clerical employees.
International Molders Union of. North America is a labor organiza-
tion affiliated with the American Federation of Labor. Local No. 12
of International' Molders Union of North America is a labor organi-
zation apparently admitting to its membership all production and
maintenance employees of the Company.
in. THE QUESTION CONCERNING REPRESENTATION
On November 9, 1938, the Company, at the request of the I. M. U.,
checked the membership cards of the I. M. U. against the Company's
pay roll and found that on that date the I. M. U. did not represent a
majority of the employees in the appropriate unit. However, after
checking again on December 30, 1938, the Company was satisfied that
the I. M. U. did represent a majority, and negotiations between these
two parties continued until January 30, 1939, when the Company and
the I. M. U. concluded a closed-shop agreement to become, effective on
that date and to remain in effect for 1 year.
From November 1, 1938, until the contract with the I. M. U. was
executed, the S. W. O. C. presented to the Company repeated demands
for recognition and negotiation based upon claims that it represented a
majority of the Company's employees. The Company refused these
demands, asserting that it was not satisfied that the S. W. O. C. did
represent a majority.
On January 19, 1939, the S. W. O. C. filed its petition for investiga-
tion and certification pursuant to Section 9 (c) of the Act. A meeting
between the I. M. U. and the S. W. O. C. for purposes of arranging for
a consent election was scheduled to take place on January 25, 1939, at
the Regional Office for the Fourth Region. Representatives of the
S. W. O. C. appeared for that meeting, but no one appeared for the
I.M.U.
FLORENCE PIPE FOUNDRY & MACHINE CO . 253
At the time of the execution of the closed-shop agreement, each of the
`contending labor organizations, on the basis of its signed membership
cards, had been designated as bargaining representative by a majority
of employees within the unit hereinafter found to be appropriate.
For the following reasons the closed-shop agreement executed be-
tween the Company and the I. M. U. on January 30, 1939, constitutes
no bar to the present proceedings : (1) The contract was entered into
after the S. W. 0. C. had filed a petition for investigation and cer-
tification under Section 9 (c) of the Act; I (2) prior to the execution
of the contract, the Company and the I. M. U. had notice that the S. W.
0. C. claimed to have been designated by a majority of the Company's
employees as their sole bargaining agent; and (3) at the time the con-
tract was entered into a substantial majority of employees in the appro-
priate unit had signed membership cards in each of the two contesting
unions, and hence, the record does not establish that the I. M. U. was
the chosen majority representative at that date.2
We find that a question has arisen concerning representation of em-
ployees of the Company.,
IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON
COMMERCE
We find that the question concerning representation which has arisen,
occurring in connection with the operations of 'the Company described
in Section I above, has a close, intimate, and substantial relation to
trade, traffic, and commerce among the several States, and tends to
lead to labor disputes burdening and obstructing commerce and the
free flow of commerce.
V. THE APPROPRIATE UNIT
At the hearing the parties stipulated that the unit appropriate for
bargaining purposes should include all production and maintenance
employees of the Company, excluding foremen, clerical employees, and
employees whose duties are exclusively supervisory. We see no reason
for departing from this agreed unit.
1 See Matter of Hirsch Shirt Corporation and _ United Garment Workers of America
(Affiliated with the A. F. of L.), 12 N. L. R. B. 553; Matter of American-West African
Line, Inc. and National Marine Engineers ' Beneficial Association , 4 N. L. R. B. 1086.
2 See Matter of Rils Manufacturing Corp. and United Electrical, Radio & Machine Work-
ers of America (C. I. O.); Matter of Rils Novelty Manufacturing Co., Columbia & Greene
Avenaaes, Newark, N. J. and American Federation of Labor, 11 N. L. R. B. 696; Matter
of Colonie Fibre Company, Inc. and Cohoes Knit Goods Workers Union No. 41514, A. F.
of L., 9 N. L. R. B. 658.
8 At the hearing the parties ( including the I. M. U.) stipulated that a question affecting
commerce had arisen concerning the representation of employees of the .Company.
254 DECISIONS OF NATIONAL LABOR. RELATIONS BOARD
We accordingly find that the production and maintenance employees
of the Company, excluding foremen, clerical employees, and employees
whose duties are exclusively supervisory, constitute a unit appropriate
for purposes of collective bargaining and that said unit will insure to
employees of the Company the full benefit of their right to self-
organization and to collective bargaining and. otherwise effectuate the
policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
AS we have stated, a substantial majority of the employees in the
appropriate unit have signed membership cards in each of the two
contesting unions, some of the employees having signed cards for both
unions. On the basis of such cards each of the two unions claims the
right to act as exclusive bargaining agent for the Company's em-
ployees. Under the circumstances, an election by secret ballot is neces-
sary to resolve the question concerning representation which has arisen.
We shall, accordingly, direct that such an election be held.
At the hearing the two contesting unions stipulated that if an elec-
tion were directed, only those present employees in the appropriate
unit who were on the Company's pay roll for the week ending January
27,1939, should be eligible to vote. Apparently, the week ending Jan-
uary 27, 1939, represents a normal production period when approxi-
mately 556 workers in the appropriate unit were employed, and it does
not appear that there has been any substantial turnover of the Com-
pany's employees since that period. 'For the determination of the ques-
tion of eligibility, we shall adopt the pay-roll period fixed in the stipu-
lation between the two unions which, in effect, limits voting rights to
those persons who were in the Company's employ before the closed-
shop contract between the Company and the I. M. U. was executed.
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following :
CONCLUSIONS OF LAW
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of Florence Pipe Foundry & Machine Co.,
Florence, New Jersey, within the meaning of Section 9 (c) and Section
2 (6) and (7) of the National Labor Relations Act.
2. The production and maintenance employees of the Company,
excluding foremen, clerical employees, and employees whose duties are
exclusively supervisory, constitute a unit appropriate for the purposes
of collective'bargaining, within the meaning of Section 9 (b) of the
National Labor Relations Act..
FLORENCE PIPE FOUNDRY & MACHINE CO. 255
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 8, of National Labor Relations
Board Rules and Regulations-Series 2, it is hereby .
DIRECTED that, as a part of the investigation ordered by the
Board to ascertain representatives for the purposes of collective bar-
gaining with Florence Pipe Foundry & Machine, Co., Florence, New
Jersey, an election by secret ballot shall be conducted within fif-
teen (15) days from the date of this Direction of Election under
the direction and supervision of the Regional Director for the Fourth
Region, acting in this matter as agent for the National Labor Rela-
tions Board, and subject to Article III, Section 9, of said Rules and
Regulations, among all the production and maintenance employees of
the Florence Pipe Foundry & Machine Co., Florence, New Jersey,
who were employed by the Company during the week ending Janu-'
ary 27, 1939, including employees who did not work during such pay-
roll period because they were ill or on vacation, and employees who
were then or have since been temporarily laid off, but excluding fore-
men, clerical employees, and employees whose duties are exclusively
supervisory, and employees who have since quit or been discharged
for cause, to determine whether they desire to be represented by
Lodge 2040, Amalgamated Association of Iron, Steel and Tin Workers
of North America, affiliated with the Steel Workers Organizing Com-
mittee and the Congress of Industrial Organizations, or by Local
No. 12 of the International Molders Union of North America, affiliated
with the American Federation of Labor, or by neither, for the pur-
poses of collective bargaining.