Gardner-Denver Co.

National Labor Relations Board - Board Decisions

Feb 19, 1946

65 N.L.R.B. 1224 (N.L.R.B. 1946)

In the Matter of GARDNER-DENVER COMPANY and UNITED STEEL-
WORKERS OF AMERICA, CIO
Case No. 14-R-1223. -Decided February 19,1946
I
Mr. H. E. Seyfartk, of Chicago, Ill., for the Company.
Mr. Leslie Maupin, of Hannibal, Mo., for the C. I. O.
Mr. W. C. Riley, of St. Louis, Mo., for the A. F. L.
Margaret H. Patterson, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a third amended petition.duly filed by United Steelworkers
of America, C. I. 0., herein called the C. I. 0., alleging that a question
affecting commerce had arisen concerning the representation of em-
ployees of Gardner-Denver Company, Quincy, Illinois, herein called
the Company, the National Labor Relations Board provided for an
appropriate hearing upon due notice before Harry G. Carlson, Trial
Examiner. Said hearing was held at Quincy, Illinois, on October 10,
1945. The Company, the C. I. 0., and International Association of
Machinists, A. F. L., herein called the A. F. L., appeared and partici-
pated. All parties were afforded full opportunity to be heard, to
examine and cross-examine witnesses, and to introduce evidence bear-
ing on the issues. The Trial Examiner reserved ruling upon the
A. F. L.'s motion to dismiss the petition. For the reasons set forth
in Section III,Jinfra, the motion is denied. The Trial Examiner's
rulings made at the hearing are free from prejudicial error and are
hereby affirmed. All parties 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
I. THE BUSINESS OF THE COMPANY
Gardner-Denver Company, a Delaware corporation, with its princi-
pal office in Quincy, Illinois, is engaged in the manufacture, sale, and
65 N. L. R. B., No. 209.
1224
GARDNER-DENVER COMPANY 1225
1istribution of engines, drills, air compressors, motors, and machinery
in its manufacturing plants in Denver, Colorado, and Quincy, Illinois.
Only the Quincy, Illinois, plants are involved in this proceeding.
Approximately 90 percent of the raw materials purchased for the
Quincy plants is shipped to them from points outside the State of
Illinois and approximately 94 percent of the finished products is
shipped to points outside of that State. Sales from the Quincy plants
exceeded $10,000,000 during the first 6 months of 1945.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
United Steelworkers of America, affiliated with the Congress of
Industrial Organizations, is a labor organization admitting to mem-
bership employees of the Company.
International Association of Machinists, affiliated with the Ameri-
can Federation of Labor, is it labor organization admitting to
membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On November 2, 1942, as a result- of a Board-directed election, the
A. F. L. was certified as the bargaining representative of the produc-
tion and maintenance employees of the Company at its No. 1 and No. 2
plants at Quincy, Illinois.' Thereafter the Company and the A. F. L.
entered into negotiations for a collective bargaining contract which,
after submission of certain issues to the War Labor Board, was ex-
ecuted effective from March 11, 1943, to March 10, 1944. Negotiations
for the succeeding contract again resulted in certain issues being
certified to the National War Labor Board on June 9, 1944, but the
parties by oral agreement functioned under the remaining terms of
the contract which had been agreed upon. On February 28, 1945, the
Sixth Regional War Labor Board (Chicago), issued its Directive
'Order and on April 18, 1945, in order to show continuity of contract
relations, the parties signed a contract which by its terms expired
on March 10, 1945, and which incorporated the Regional War Labor
Board Directive Order. However, on February 9, 1945, the A. F. L.
notified the Company that it desired a new contract for the period
beginning March 11, 1945, and after some preliminary proposals the
parties on April 30, 1945, began negotiations for a new contract.
1 Matter of Gardner-Denver Company , 44 N. L R B 1192 . Prior to this time the Inter-
national Moulders and Foundry Workers Union No 44 had been designated as the bar-
gaining representative for the foundry production employees who were not affected by the
A . F. L. certification . The present petition also excludes the foundry production employees.
1226 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
On May 2, 1945, and before the negotiations were completed, the
Company received notice in writing from the C. I. O. of its claim
to represent a substantial number of the Company's employees and of
its intent to petition the Board for an election. Notwithstanding
this notice, the Company and the A. F. L. completed their negotiations
and signed a contract on May 3, 1945, extending from that date to
May 3, 1946. The A. F.1,L. contends that the contract thus executed,
having been substantially agreed upon at the time of the notice, is a
bar to the present determination of representatives. It also contends
that the notice of the C. I. O. is defective, in that the C. I. O. did not
claim to represent a majority of the employees involved. We find no
merit in these contentions. We have firmly adhqred to the policy that
an oral contract is no bar to a determination of representatives.' We
also find the notice adequate in form to have prevented the subse-
quently executed contract from becoming a bar to a present determina-
tion of representatives.'
The A. F. L. contends, however, that the C. I. O. did not make a
sufficient showing of interest as of the time the contract was signed
to prevent the contract from operating as a bar.4 The C. I. O. con-
tends that a small showing of interest must in any event be excused
because the contract between the Company and the A. F. L. contained
a maintenance of membership clause which was being enforced 5 The
precise status of the maintenance of membership clause and the degree
to which it was enforced was, however, not establised at the, hearing.
In view of the fact that the contract will expire on May 3, 1946, so that
less than 3 months remain of its current term, we need not pass on
either of these contentions but will direct an election to determine the
representative to negotiate a new agreement to become effective upon
the expiration of the existing contract.s
A statement of a Board agent, introduced into evidence at the
hearing, indicates that the C. I. O. represents a substantial number of
employees in the unit hereinafter found appropriate.'
2 Matter of Eicor, Inc., 46 N. L. R . B. 1035; Matter of Beatty Logging Company, 62
N. L R B. 266. s
3 Matter of C. J. Petersen and C. F. Lytle d/b/a Peterson d Lytle . 60 N. L. R. B. 1070.
4 The contract was signed on May 3, 1945 The Field Examinei ' s report shows that as
of Apiil 30 , 1945 , the C . I 0 's showing did not exceed 12 percent See Matter of Basic
Magnesium , Inc, 48 N L R. B 1310.
5 Matter of The Fairmont Creamery Company, 58 N. L R B 39, Matter of Certain-Teed
Products Corporation , 28 N. L . R B. 915 ; Matter of Pressed Steel Can c7o, Inc, 56
N L R. B. 78; Matter of Sayles Finishing Plants , Inc., 49 N L R . B 532 ; Matter of
Weyerhaeuser Timber Co ., 62 N. L. R B. 1166 ; Matter of National Container Corporation,
62 N L It B 48.
9 Cf. Matter of Bercut Richards Packing Co ., et al., Oct. 12 , 1945, 64 N. L . R. B. 133 ;
Matter of Round California Chain Corp , Ltd, Oct 15 , 1945, 64 N. L . R B. 242.
4 A pay roll for the week ending October 1, 1945 , was produced at the hearing which
revealed 801 employees within the requested unit. The Field Examiner reported that the
C I. 0. submitted 201 designation cards currently dated At the hearing, the C. I. 0.
submitted 45 additional designation cards of which 39 bore names of persons listed on
the October 1, 1945 , pay roll.
p
GARDNER-DENVER COMPANY 1227
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.
1V. THE APPROPRIATE UNIT
All parties tigree that all production and maintenance employees,
including working foremen of Plants Nos. 1 and 2 of the Company
located in Quincy, Illinois, except office workers, sales force, foremen,
superintendents, assistant superintendents, supervisors, time-study
employees, timekeepers, janitors, watchmen, guards, employees of the
Engineering Department, all foundry production employees, and em-
ployees of the pattern shop, constitute an approporate unit."
The A. F. L. and the Company have included within the bargain-
ing unit the foundry maintenance man. The C. I. O. would exclude
him on the ground that foundry employees are excluded. In view
of the fact that the foundry maintenance man is under the same super-
vision as the maintenance men in Plants Nos. 1 and 2 and the fact
that lie has been included by the parties since the establishment of
the present unit, we shalt include the foundry maintenance man.
We find that all production and maintenance employees of Plants
No. 1 and No. 2 of the Company located at Quincy, Illinois, including
the foundry maintenance man and working ,foremen, but excluding
office workers, sales force, foremen, superintendents, assistant superin-
tendents, supervisors, time-study employees, timekeepers, janitors,
watchmen, guards, employees of the Engineering Department, all
foundry production employees, and employees of the pattern shop,
constitute a unit appropriate for the purposes of collective bargaining
within tire,meaning of Section 9 (b) of the Act.
V. TIIE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen he resolved by an election by secret ballot among the em-
ployees in the appropriate unit who were employed during the pay-
roll period inunediately 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 Rela-
tions Act, and pursuant to Article III, Section 9, of National Labor
'This is substantially the same unit we determined to he appropriate in the Matter
of Gardner-Denver Company, 44 N 'L. R. B. 1192 . No material change in the Company's
operations has occurred since that time.
1228 tECISIONS OF NATIONAL LABOR RELATIONS BOARD
Relations Board Rules and Regulations-Series 3, as amended, it is
hereby
Dir.ECTED that, as part of the investigation to ascertain representa-,
tives for the purposes of collective bargaining with Gardner-Denver
Company, Quincy, Illinois, an election by secret ballot shall be con-
ducted 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 Fourteenth 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, 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 dur-
ing said pay-roll period because they were ill or on vacation or tem-
porarily laid off, and including employees in the armed forces of the
United States who present themselves in person at the polls, but ex-,
cluding 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 United Steel-
workers of America, affiliated with the Congress of Industrial Or-
ganizations, or by International Association of Machinists, affiliated
with the American Federation of Labor, for the purposes of collec-
tive bargaining, or by neither.