Glamorgan Pipe and Foundry Co.

National Labor Relations Board - Board Decisions

Dec 16, 1942

46 N.L.R.B. 15 (N.L.R.B. 1942)

In the Matter of GLAMORGAN PIPE AND FOUNDRY COMPANY and
UNITED STEELWORKERS OF AMERICA, C. I. O., LOCAL No. 2556
In the Matter, of GLAMORGAN PIPE AND FOUNDRY COMPANY and
INDEPENDENT PIPERS ASSOCIATION
Cases Nos. R-4554 and R-4555, Respectively-Decided December 16,
1942
Jurisdiction : pipe manufacturing industry.
Investigation and Certification of Representatives : existence of question : stipu-
lation as to ; election necessary.
Unit Appropriate for Collective Bargaining: all production and maintenance
employees , including watchmen , but excluding supervisory and clerical work-
ers, including one watchman deemed supervisory ; no objection as to.
Mr. Samuel H. Williams, of Lynchburg, Va.; for the Company.
Mr. Earl A. Crowder, of Lynchburg, Va., for the C. I. O.
Mr. D. H. Kiser, Jr., of Lynchburg, Va., for the Independent Asso-
ciation. °
Mr. Robert Silagi , of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petitions duly filed by United Steelworkers of America,
C. I. 0., Local No. 2556, herein called the C. I. 0., and by Inde-
pendent Pipers Association, herein called the Independent, alleging
that questions affecting commerce had arisen concerning the repre-
sentation of employees of Glamorgan Pipe and Foundry Company,
Lynchburg, Virginia, herein called the Company, the National Labor
Relations Board consolidated the cases and provided,for an appro-
priate hearing upon due notice before Jacob Blum, Trial Examiner.
Said hearing was held at Lynchburg, Virginia, on November 18, 1942.
The Company, the C. I. 0., and the Independent, appeared, partic-
ipated, and were afforded full opportunity to be heard, to, examine
and,,cross-examine witnesses, and to introduce evidence bearing on the
issues.,'
1 By letter dated November 6, 1942, and introduced in evidence 'at the hearing, the
C. i O. waived its pending charges of unfair labor practices against the Company insofar
as they affect this proceeding.
46 N. L . R. B., No. 2. ,
15
16 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The Trial Examiner's rulings made at the hearing are free from
prejudicial error and are hereby affirmed.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Glamorgan Pipe and Foundry Company is a, corporation duly or-
ganized and incorporated under the laws of the State of* Virginia.
It manufactures, sells, and distributes pipes and pipe fittings. During
the year 1941, the Company purchased raw materials valued. in 'ex-
cess of •$500,000, of which more than 75 percent was shipped from points
outside the State of Virginia to its plant at Lynchburg, Virginia. In
that same year the finished products manufactured, sold, and distrib-
uted were valued in excess.of $1,000,000, of which more than half was
shipped to points outside the State of Virginia. The Company's total
business remains substantially the same at the present time as it was
in 1941.
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, Local No. 2556, is a labor organ-
ization, affiliated with the Congress of Industrial Organizations,
admitting to membership employees of the Company.
Independent Pipers Asociation is an unaffiliated labor organiza-
tion, admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The parties stipulated that a question affecting representation has
arisen in that both unions requested collective bargaining rights of
the Company, which has refused to recognize either organization
until one of them is certified by the Board.
A statement of the Acting Regional Director introduced in evidence
at the hearing, indicates that the C. I. O. and the Independent each
represents a substantial number of employees in the unit hereinafter
found 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.
The Acting Regional Director reported that the C. I. O. submitted 137 cards . bearingg
apparently valid signatures of persons on the October 17,1942 , pay roll . The Independent
submitted a petition bearing the names of 119 persons on the'said pay roll . There are
approximately 304 employees in the appropriate unit.
GLAMORGAN PIPE, AND FOUNDRY COMPANY . 17
IV. THE APPROPRIATE UNIT
The C. I. 0. and Independent are agreed that the appropriate unit
shall consist of all production and maintenance employees, including
}watchmen, but excluding supervisory and clerical employees. The
Company makes no objection'to the proposed unit. The C. •I: 0.,
however, would exclude James L. Leebrick, whom it claims is the
head watchman and a supervisory employee. The Independent con-
tends that there is no difference between the duties and authority
exercised by Leebrick and any other of the four watchmen employed
by the Company:
Leebrick has been employed by the Company for 53 years. He
formerly was engaged in production work but in recent' years was
made watchman without any reduction in pay. Since becoming
watchman he has received several increases in pay and is presently
the highest paid watchman employed by the Company. He performs
the duties of an ordinary watchman, such as carrying a clock on
tours of the Company's property, only when one of the other watch-
men is absent. If irregularities, such as fire or theft occur, the other
watchmen report to him. When new watchmen are engaged he
trains them in their duties and all watchmen take their orders from
him. In the absence of the personnel director of the Company, who
also acts as head of Civilian Defense for the plant, there must be
someone who is thoroughly trustworthy and relied 'upon to act in
his place. Leebrick has been designated as that person and as part,
of his duties spends an hour each evening in the Company's office
answering telephone c.ills. In view of all these circumstances we find
that his duties are essentially supervisory and we shall accordingly'
exclude him from the unit.
We find that all production and maintenance employees of the Com-
pany, including watchmen, but excluding supervisory and clerical
workers and James L. Leebrick, 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
The C. I. 0. urges,that eligibility to vote in the election be deter-
mined by the pay roll of November 21, 1942, but gives no special reason
therefor. The Independent and the Company express no preference
and are satisfied with the Board's usual policy. Since no reason ap-
pears for departing from our usual practice, we shall direct that the
question concerning representation which has arisen be resolved by an
election by secret ballot among the employees in the appropriate unit
who,were employed, during the pay-roll period immediately preceding
504086-43-vol. 46-2
18 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the date of the Direction of Election 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 Relations Act,
and -pursuant to Article III, Section 9, of National Labor Relations
Board Rules and Regulations-Series 2, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Glamorgan Pipe
and Foundry Company, Lynchburg, Virginia, 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 Fifth Region, acting in
this matter as agent for the National Labor Relations Board, and sub-
j ect to Article III, Section 10,` of said Rules and' Regulations, among
all.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 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
those employees who have since quit or been discharged for cause, to
determine whether they desire to be represented by United Steel-
workers of America, C. I. 0., Local No. 2556, or by Independent Pipers
Association, for the purposes of collective bargaining, or by, neither.