Kennedy Valve Manufacturing Co.

National Labor Relations Board - Board Decisions

Mar 28, 1941

30 N.L.R.B. 653 (N.L.R.B. 1941)

In the Matter of KENNEDY VALVE MANUFAGMRING COMPANY and
INTERNATIONAL MOLDERS & FOUNDRY WORKERS OF NORTH AMERICA,
LOCAL UNION 150 '
In the Matter of KENNEDY VALVE MANUFACTURING COMPANY and
INTERNATIONAL ASSOCIATION OF MACHINISTS LODGE 1379
In the Matter Of KENNEDY VALVE MANUFACTURING COMPANY and
PATTERN MAKERS LEAGUE OF NORTH AMERICA
Cases Nos. R-2363 to R-2365.-Decided March 08, 1941
Jurisdiction : plumbing supplies manufacturing industry.
Investigation and Certification of Representatives : existence of questions:
Company stated that it would not bargain with any, labor organization until
certification obtained ; labor organization whose contentions as to the ap-
propriate unit not upheld accorded a place on the ballot with permission to
withdraw its name if it so requests ; elections necessary.
Units Appropriate for Collective Bargaining : notwithstanding request of one
of the labor organizations involved, for- a unit comprising all employees at
one of the Company's plants, the Board concluded that the two plants of
the Company should be treated as a single operation and that separate units
therein comprising respectively; (1) all molders and foundry workers (includ-
ing core makers) on an hourly basis including working assistant foremen who
spend a majority of their time on production, but excluding general fore-
men, clerks, and assistant foremen who are purely supervisory, (2) all
employees on an hourly basis in the machine shop, the yards, the shipping
department, the maintenance crew, blacksmiths, assemblers, working assistant
foremen who spend a majority of their time on production, and toolroom at-
tendants excluding foremen, assistant foremen who are purely supervisory,
watchmen, gatemen, engineers, and clerks, (3) all metal- and wood-pattern
makers including apprentice metal- and wood-pattern makers who have served
at least 1 year apprenticeships, but excluding general foremen, as advocated
by the three other labor organizations involved, constitute appropriate units.
Mr. J. C. Kennedy and Mr. Charles F. Kennedy, of Elmira, N. Y.,
for the Company. _
Mr. Walter E. Hollinger, of Troy, N. Y., for the Molders.
Mr. Clark H. Goodrich, of Pittston, Pa., for the I. A. M.
Mr. Edward C. Tamkin, of Syracuse, N. Y., for the Pattern
Makers.
Mr. Frank Bogus and Mr. John Phielix, of Elmira, N. Y., for the
Independent. '
Mr. Louis Cokin, of counsel to the Board.
30 N. L. R. B., No. 100.
653
654 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
DECISION
AND
DIRECTION OF ELECTION,
STATEMENT OF THE CASE
On February 6, 1941, International Molders & Foundry Workers
Union of North America, Local Union 150, herein called the Molders,
and International Association of Machinists, Lodge 1379, herein
called the I. A. M., filed with the Regional Director for the Third
Region (Buffalo, New York) separate petitions each alleging that
a question affecting commerce had arisen concerning the representa-
tion of employees of Kennedy Valve Manufacturing Company, Elmira,
New York, herein called the Company, and each requesting an investi-
gation and certification of representatives pursuant to Section 9 (c)
of the National Labor Relations Act, 49 Stat. 449, herein called the
Act.' On February 8, 1941, Pattern Makers League,of.North Amer-
ica, herein called the Pattern Makers, filed a similar petition with
the Regional Director. On February 20, 1941, the National Labor
Relations Board, herein called the Board, acting pursuant to Sec-
tion 9 (c) of the Act and Article III, Section 3, of National Labor
Relations Board Rules and Regulations-Series 2, as amended, or-
dered an investigation in each case and authorized the Regional
Director to conduct it, and to provide for an appropriate hearing
upon due notice, and, acting pursuant to Article III, Section 10 (c) 2,
of said Rules and Regulations ordered that the three cases be con-
solidated.
On February 25, 1941, the Regional Director issued a notice of
hearing, copies of which were duly served upon the Company, the
Molders, the I. A. M., the Pattern Makers, and Kennedy Valve Man-
ufacturing Company Plant No. 2 Independent Union, herein called
the Independent, a labor organization claiming to represent employ-
ees directly affected by the investigation. Pursuant to notice, a hear-
ing was held on February 28, 1941, at Elmira, New York, before
Peter J. Crotty, the Trial Examiner duly designated by the Chief
Trial Examineer: The Company, the Molders, the I. A. M., the Pat-
tern Makers, and the Independent appeared by their representatives
and participated in the hearing. Full opportunity to be heard, to
examine and cross-examine witnesses, and to introduce evidence bear-
ing on the issues was afforded all 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
_ 10n February 21 and 24, 1941, respectively, the I. A M . and the Molders filed amended
petitions with the Regional Director.
KENNEDY VALVE MANUFACTURING COMPANY 655
the rulings of the Trial Examiner and finds that no prejudicial errors
were committed. The rulings are hereby affirmed.
Upon the entire record in the case, the Board'makes the following:
FINDINGS OF FAOT
I. THE BUSINESS OF THE COMPANY
Kennedy Valve Manufacturing Company is a New York corpo-
ration operating two plants at Elmira, New York, where it is
engaged in the manufacture of valves, hydrants, and plumbing sup-
plies. During 1939 the Company purchased raw materials valued
at approximately $325,000, about 56 per cent of which were shipped
to it from points outside the State of New York. During the same
period the Company sold finished products valued at about $1,860,-
000, approximately 62 per cent of which represented goods sold by
it to points outside the State of New York. The Company admits for
the purpose of this proceeding that it is engaged in interstate
commerce within the meaning of the Act.
II. THE ORGANIZATIONS INVOLVED
. International Molders & Foundry Workers Union of North Amer-
ica, Local Union 150, is a labor organization affiliated with the
American Federation of Labor. It admits to membership employees
at Plant 1 and Plant No. 2 of the Company.
. International Association of Machinists, Local 1379, is a labor
organization. affiliated with the American Federation of Labor. It
admits 'to membership employees at Plant 1 and Plant 2 of the
Company.
Pattern Makers League of North America is a labor organization
affiliated with the American Federation of Labor. It admits to
membership employees in Plant 1 and Plant 2 of the Company.
Kennedy Valve Manufacturing Company Plant 2 'Independent
Union is an unaffiliated labor organization admitting to membership
employees at Plant 2 of the Company.
III. THE QUESTIONS CONCERNING REPRESENTATION
The Company stated that it will' not bargain with any labor
organization as the exclusive representative of its employees in an
appropriate unit until such time as the Board certifies a labor organ-
ization as such representative. A statement of the Regional Director
introduced in evidence at the hearing shows that the Molders, the
I. A. M., the Pattern Makers, and the Independent each represents
656 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
a substantial number of employees in the unit alleged by each to be
appropriate.2
We -find that questions have arisen concerning the representation
of employees of the Company.
IV. THE EFFECT OF THE QUESTIONS CONCERNING REPRESENTATION UPON
COMMERCE
We find that the questions concerning representation which have
arisen, occurring in,connection with the operations of the Company
described in Section I above, have a close, intimate, and substantial
relation to trade, traffic, and commerce among the several States
and tend to lead to labor disputes burdening and obstructing com-
merce and the free flow of commerce.
V. THE APPROPRIATE UNITS
The Molders urges that all molders and foundry workers (includ-
ing core makers) on an hourly basis in Plant 1 and Plant 2 of the
Company, including working assistant foremen who spend a major-
ity of their time on production, but excluding general foremen,
clerks, and assistant foremen who are purely supervisory, constitute
an appropriate unit. The I. A. M. contends that all employees on
an hourly basis in the machine shop, the yards, the shipping depart-
ment, the maintenance crew, blacksmiths, assemblers, working assist-
ant foremen who spend a majority of their time on production, and
toolroom attendants in Plant 1 and Plant 2 of the Company, exclud-
ing foremen, assistant foremen who are purely supervisory, watch-
men, gatemen, engineers, and clerks, constitute an appropriate bar-
gaining unit. Th Pattern Makers urges that all metal and wood
pattern makers in Plant 1 and Plant 2 of the Company, including
apprentice metal- and wood-pattern makers who have served at least
1 year apprenticeships, but excluding general foremen, constitute a
unit appropriate for the purposes of collective bargaining. The
Independent contends that all employees in Plant 2 of the Company,
excluding foremen, employees supervising jobs, and office employees,
2 The Regional Director 's statement shows that 192 persons have signed membership ap-
plication cards in the Molders. All these cards were dated after November 15, 1940. There
are approximately 314 employees in the unit claimed to be appropriate by the Molders.
The Regional Director further reported that the I A. M submitted membership application
cards signed by 198 persons . All these cards were signed after November 1, 1940. There
are approximately 256 employees in the unit claimed to be appropriate by the I A M. The
Pattern Makers presented membership application cards to the Regional Director signed by
nine persons . All these cards were signed on January 18 , 1941. There are approximately
11 employees in the unit urged to be appropriate by the Pattern Makers. The Independent
presented an authorization petition to the Regional Director signed by 97 persons . It does
not appear vhen this petition was signed. There are approximately 204 employees in the
unit alleged to be appropriate by the Independent.
- KENNEDY VALVE MANUFACTURING COMPANY 657
constitute an appropriate bargaining unit. The Company takes
no position as to what should constitute the appropriate unit or
units.
The Company maintains two plants'at Elmira,' New York, located
3 miles apart. The superintendent of the Company testified that the
only reason the Company has two plants is that due to an expansion
program it became necessary for the Company to acquire more
floor space and that it was cheaper to take over an existing building
than to build an addition to Plant 1. The Company has one works
manager, a common employment office, and a single pay roll for both
plants. Some of the products in,anufactured by the Company in
Plant 1 are sent to Plant 2 for finishing, and vice versa. Many of
the operations performed in Plant 1 and Plant 2 are of a similar
nature. There is no history of collective bargaining between the
Company and any labor organizations on behalf of employees at
Plant 1 or Plant 2. The employees in the units urged by the Molders,
the I. A. M., and the Pattern Makers, constitute all the production
and maintenance employees of the Company in Plant 1 and Plant 2:
The unit requested by the Independent is based solely on the
geographical separation of Plant 1 and Plant 2. It should be noted,
however, that the Company operates its two plants as a 'single unit.
The Independent's unit, moreover, would provide collective bargain-
ing for only about 200 of the approximately 500 employees of the
Company, and would exclude from the unit many employees em-
ployed in Plant 1, whose work is similar to, or the same as, that
performed by employees within the unit contended for. The units
advocated by the Molders, the I. A. M., and the Pattern Makers, on
the other hand, when taken in combination, cover all the Company's
production and maintenance employees and as separate units bring
together employees performing similar work irrespective of their
location.. Under all of the circumstances, we conclude that Plant 1
and Plant 2 of the Company should be treated, as a single operation
for the purposes of collective bargaining. ,
We find that all molders and foundry workers (including core
makers) on an hourly basis in Plant 1 and Plant 2 of the Company,
including working assistant foremen who spend a majority of their
time on production, but excluding general foremen, clerks, and assist-
ant foremen who are purely. supervisory, constitute a unit appropri-
ate for the purposes of collective bargaining and that such unit will
insure to employees of the Company the full benefit of their right
to self-organization and to collective bargaining and otherwise effectu-
ate the policies of the Act.
We further find that all employees on an hourly basis in the ma-
chine shop, the yards, the shipping department, the maintenance
658 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
crew, blacksmiths, assemblers, working assistant foremen who spend
a majority of their time' on production, and toolroom attendants in
Plant 1 and Plant 2 of the Company, excluding foremen, assistant
foremen who are purely supervisory, watchmen, gatemen, engineers,
and clerks, constitute a unit appropriate for the purposes of collective
bargaining and that such unit will insure to employees of the Com-
pany the full benefit of'their- right to self-organization and to collective
bargaining and otherwise effectuate the policies of the Act.
We further find that all metal- and wood-pattern makers in Plant
1 and Plant 2 of the Company, including apprentice metal- and wood-
pattern makers who have served at least-1 year apprenticeships, but
excluding general foremen, constitute a 'unit appropriate for the
purposes of collective bargaining and that such 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. TILE DETERMINATION OF REPRESENTATIVES
We find that the questions concerning representation of employees
of the Company can best be resolved by elections by secret ballot. We
shall accord a place to the Independent on the ballots but, inasmuch
as we have not upheld its -contentions as to the appropriate unit, we
will/allow the Independent, if it desires, to withdraw its name from
the ballots by giving such 'notice to the Regional Director within
five (5) days from the date of this Direction of Elections.
We find that the employees of the Company eligible to vote in the
elections shall be those employees in the appropriate units who were
employed during the pay-roll period immediately preceding the date
of the'Direction of Elections herein, subject to such limitations and
additions as are set forth in the Direction hereinafter.
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. Questions affecting commerce have arisen concerning the repre-
sentation of employees of Kennedy Valve Manufacturing Company,
Elmira, New York, within the meaning of ,Section 9 (c) and Section
2 (6) and (7) of the National Labor Relations Act.
2. All molders and foundry workers (including core makers) on an
hourly basis in Plant 1 and Plant 2 of the Company, including work-
ing assistant foremen who spend a majority of their time on produc-
tion, but excluding general foremen, clerks, and assistant foremen
who are purely supervisory, constitute a unit appropriate for the pur-
KENNEDY VALVE MANUFACTURING COMPANY 659
poses of collective bargaining, within the meaning of Section 9 (b)
of the National Labor Relations Act.
3. All employees on an hourly basis in the machine shop, the yards,
the shipping department, the maintenance crew, blacksmiths, as-
semblers, working assistant foremen who spend a majority of their
time on production, and toolroom attendants in Plant 1 and Plant 2
of the Company, excluding foremen, assistant foremen who are purely
supervisory, watchmen, gatemen, engineers, and clerks, constitute a
unit appropriate for the purposes of collective bargaining,- within the
,meaning of Section 9 (b) of the National Labor Relations Act.
4. All metal- and wood-pattern makers in Plant 1 and Plant 2 of the
'Company, including apprentice metal- and wood-pattern makers who
have served at least 1 year apprenticeships, but, excluding general
foremen, constitute a unit appropriate for the purposes of collective
bargaining, within the meaning of Section 9 (b) of the National
Labor Relations Act.
DIRECTION OF ELECTIONS
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 8, of National Labor
Relations Board Rules and Regulations-Series 2, as amended, it is
hereby -
DIRECTED that, as part of the investigation authorized by the Board
to ascertain representatives for the purposes of collective bargaining
with Kennedy Valve Manufacturing Company, Elmira, New York,
elections by secret ballot shall be conducted as early as possible, but
not later than thirty '(30) days from the date of this Direction of
Elections, under the direction and supervision of the Regional Direc-
tor for the Third Region, acting in this matter as agent for- the
National Labor Relations Board and subject to Article III, Section
9, of said Rules and Regulations :
1. Among all molders and foundry workers (including core mak-
ers) on an hourly basis in Plant.1 and Plant 2 of the Company who
were employed during the pay-roll period immediately preceding the
date of this Direction,.including working assistant foremen who spend
a majority of their time on production, employees who did not work
during such pay-roll period because they were ill or on vacation or
absent because called for military service, and employees who were
then or have since been temporarily laid, off, but excluding general
foremen, clerks,' assistant foremen who are purely supervisory, and
employees who have since quit or been discharged for cause, to de-
termine whether they desire to be represented by International Mold-
ers & Foundry Workers of North America, Local Union 150, affiliated
440135-42-Vol 30----42
4
660 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
with the American Federation of Labor, or by Kennedy Valve Manu-
facturing Company Plant,No. 2 Independent Union, for the purposes
of collective bargaining, or by neither; and
2. Among all employees on an hourly basis in the 'machine shop,
the yards, the shipping department, the maintenance crew, black-
smiths, assemblers, working assistant foremen who spend a majority
of their time on production, and toolroom attendants in Plants 1 and
2 of the Company who were employed during the pay-roll period
immediately preceding the date of this Direction,-including employees
who did not work during such pay-roll period because they were ill
or on vacation or absent because called for military service, and em-
ployees who were then or have since been temporarily laid off, but
excluding foremen, assistant foremen who are purely supervisory,
watchmen, gatemen, engineers, clerks, and employees who have since
quit or been discharged for cause, to determine whether they desire
to be represented by International Association of Machinists, Local
1379, affiliated with the American Federation of Labor, or by Kennedy
Valve Manufacturing Company Plant No. 2 Independent Union, for
the purposes of collective bargaining, or by neither; and
3. Among all metal- and wood-pattern makers in Plant 1 and Plant
2 of the Company who were employed during the pay-roll period im-
mediately preceding the date of this Direction, including all appren-
tice metal- and wood-pattern makers who have served at least 1 year
apprenticeships, employees who did not work during such pay-roll
period because they were ill or on vacation or absent because called
for military service, and employees who were then or have since been
temporarily laid off, but. excluding general foremen and employees
who have since quit or been discharged for cause,, to determine whether
they desire to be represented by Pattern Makers League of North
America, affiliated with the American Federation of Labor, or by
Kennedy Valve Manufacturing Company Plant No. 2 Independent
Union, for the purposes of collective bargaining, or by neither.