Geo. B. Limbert & Co.

National Labor Relations Board - Board Decisions

Jul 21, 1943

51 N.L.R.B. 591 (N.L.R.B. 1943)

Ill the Matter of GEO. B. LIMBERT & Co. and UNITED STEELWORKERS
OF AMERICA, DISTRICT 31, C. I. O.
Case No. B-5578.-Decided July 201, 1943
Mr. George M. Sundhein, and Pope d Ballard by Mr. William F.
Price, of Chicago, Ill., for the Company.
Mr. Norman L. Harris, of East Chicago, Ind., for the C. I. O.
Mr. Daniel D. Carmell, of Chicago, Ill., for the A. F. L.
Mr. William R. Cameron, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by United Steelworkers of America,
District 31, C. I. 0., herein called the C. I. 0., alleging that a ques-
tion affecting commerce had arisen concerning the representation of
employees of Geo. B. Limbert & Co., East Chicago, Indiana, herein
called the Company, the National, Labor Relations Board -provided
for an appropriate hearing upon due notice before William W. Ward,
Jr., Trial Examiner. Said hearing was held at Chicago, Illinois,
on June 22, 1943. The company, the C. I. 0., and Steamfitters Pro-
tective Association, Local 597, A. F. of L., herein called the A. F. L.,
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.
All parties were afforded 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
Geo. B. Limbert & Co. is an Illinois corporation engaged in the
manufacture and sale of fabricated piping. Its general offices and
warehouse are located in Chicago, Illinois. Its only plant is located
51 N. L. R. B., No. 102.
591
592 DECffSIONS OF NATIONAL LABOR RELATIONS BOARD
in East Chicago, Indiana. During the year 1942, the Company pur-
chased raw materials, consisting of steel and iron pipe, cast iron,
bolts, gaskets, and allied products, amounting in value to more than
$800,000, of which approximately 80 percent was shipped to the
Company's plant from points outside the State of Indiana. During
the same period, the Company sold finished products, amounting in
value to more than $1,400,000, of which approximately 80 percent
was shipped to points outside the State of Indiana.
The Company concedes that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
'United Steelworkers of America, District 31, is a labor organiza-
tion affiliated with the Congress of Industrial Organizations, admitting
to membership employees of the Company.
Steamfitters Protective Association, Local 597, is a labor organization
affiliated with the American Federation of Labor, admitting to mem-
bership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On April 26, 1943, the C. I. O. notified the Company by letter that it
represented a majority of the Company's, employees, and requested
recognition as exclusive bargaining representative. The Company
replied, by letter of May 31, 1943, that it was operating under a con-
tract with the Steamfitters Protective Association, Local 597, A. F. L.
The A. F. L. and the Company, on June 1, 1939, entered into a col-
lective bargaining contract which, according to its terms, expired on
June 1, 1940. On May 5, 1943, the A. F. L. and the Company entered
into a contract to become effective June 1, 1943, and to continue in force
through May 31, 1944, with provision for automatic renewal from year
to year thereafter in the absence of written notice by either party
to the other served within 90 days prior to its expiration date. It was
stated in the contract of May "5, 1943, and evidence was adduced on
behalf of the A. F. L. and the Company at the hearing, that the con-
tract of June 1, 1939, which contained no provision for renewal, had
nevertheless been renewed from year to year by oral agreement be-
tween the parties. Both the A. F. L. and the Company contend that
they have been operating under a continuing contract since June 1,
1039,' and that the contract constitutes a bar to a determination of
representatives at this time.
From the record, the salient facts of which are as above set forth, it
would appear that from June 1, 1940, to May 5, 1943, the A. F. L. and
the Company were not bound in contractual relationship by any in-
GEO. B. LIMBE!RT & CO. 593,
strument in writing. The established policy of the Board has been to,
favor the reduction to a properly executed instrument in writing of all
matters of contractual relationship, as furthering the stability of labor
relations.' It is not necessary in this case, however, for us to determine
whether the contract of June 1, 1939, constituted, during the period of
its claimed oral extension, a bar to an election because this contract
is not claimed to have been extended beyond May 31, 1943, and is
clearly no longer in effect. Although it was testified that negotiations
for a new contract were commenced sometime during December of
1942, yet the new contract was not executed until May 5, 1943, prior to.
which time the C. I. O. had given notice to the Company of its claim
to representation. Inasmuch as the contract of June 1, 1939, is clearly
terminated, and the contract of May 5, 1943, was entered-into after no-
tice had been received of the claim of the C. I. O. to representation, we
find that neither contract is a bar to a determination of representatives,
at this time.
A statement of the Regional Director, introduced in evidence at the-
hearing, indicates that the C. I. O. represents a substantial number of
employees in the unit hereinafter found to be 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 U NIT
The parties are agreed that a general production and maintenance-
unit is appropriate, and all agree that salesmen, truck drivers, office-
workers, and plant superintendents should be excluded. The C. I. O.,_
however, contends that the Company's watchmen should be included,-
and the A. F. L. and the Company contend that they should be ex-
cluded.
The Company employs three watchmen. They do not wear
uniforms and are not armed. Their principal duty is to make hourly-
rounds of the plant, but this duty occupies less than 50 percent of
their time. They also fire boilers, perform certain duties similar to
those of janitors, and do odd jobs about the plant. It does not appear
that they have been deputized or sworn in as members of the auxiliary-
military police. Inasmuch as these plant-protection employees
1 See Matter of Eticor, Inc., 46 N. L. R. B. 1035
2 The Regional Director reported that the C. I. 0 submitted 97 authorization and member-
ship cards , of which 91 appeared to bear the genuine original signatures of persons whose,
names are on the Company's pay roll of April 30, 1943, containing the names of 125 persons
within the unit claimed to be appropriate . Of the cards bearing aliparently genuine original
signatures of persons whose names are on the above-mentioned pay roll , 42 were dated in.,
April 1943, 5 in May 1943, and 44 were undated.
The A. F. L. relies upon the contract referred to above as establishing its interest..
594 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
spend half, or more, of the time engaged in work similar to that per-
formed by the production and maintenance employees, and in the
absence of any showing that they are militarized, we shall include
them in the unit. We shall, however, exclude armed or militarized
guards, if any.
At the hearing, controversy developed concerning inclusion within
the unit of six employees allegedly listed on the Company's pay roll
as foremen.' The C. I . O. contends that these employees should be
excluded from the unit as supervisory employees. The Company
contends that they are not supervisors and should be included. The
record indicates that they are production employees who perform
manual work the greater portion of their time. They also distribute
shop orders, or working plans, to the employees with whom they
work. The' record does not clearly indicate, however, whether these
men are empowered to make effective recommendations to the plant
superintendent or plant manager concerning the disciplining of em-
ployees, or otherwise to effect changes in the status of employees. In-
asmuch as the record fails to define with any degree of certainty the
extent of their authority, we shall exclude or include these employees
depending upon whether they fit the definition of supervisory em-
ployees hereinafter set forth.
We find that all production and maintenance employees of the Com-
pany, including watchmen, but excluding salesmen, truck drivers,
clerical employees, armed or militarized guards, and all supervisory
employees with authority to hire, promote', discharge, discipline, or
otherwise effect changes in the status of employees, or effectively rec-
ommend such action, constitute a unit appropriate for the purposes of
collective bargaining 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 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 Direc-
tion.
- 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,
s The employees , Joseph L. Jones, Tony Mataske, Allesandro Ieule, Serge Nelson, Reese
Lloyd, Sr., and Reese Lloyd, Jr., are claimed by the C. I. 0. to be listed on the pay roll as
foremen. However , no pay roll was submitted in evidence in substantiation of this claim.
The record further indicates that Reese Lloyd, Sr , has now been transferred to a position,
as shipping clerk and hence falls within the category of clerical employees hereinafter
excluded from the appropriate unit.
GE'O. B. LIMBE'RT & CO. 595
and pursuant to Article III, Section 9, of the National Labor Relations
Board Rules and Regulations-Series 2, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain repre-
sentatives for the purposes of collective bargaining with George B.
Limbert & Co., East Chicago, Indiana, 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 Thirteenth Region, acting in this mat-
ter as agent for the National Labor Relations Board, and subject to
Article 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 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 any
who have since quit or been discharged for cause, to determine whether
they desire to be represented by United Steelworkers of America, Dis-
trict 31, C. I. 0., or by Steamfitters Protective Association, Local 597,
A. F. of L., for the purposes of collective bargaining, or by neither.
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