L. B. Lockwood Co.

National Labor Relations Board - Board Decisions

Oct 17, 1939

16 N.L.R.B. 65 (N.L.R.B. 1939)

In the Matter of L. B. LocKWOOD COMPANY and INTERNATIONAL
BROTHERHOOD OF FIREMEN AND OILERS LOCAL UNION #52,
(A. F. of L.)
Case No. R-153. f.Decided October 17, 1939
Wool Reclaiming Industry-Investigation of Representatives : controversy
concerning representation of employees : employer refuses to recognize petitioning
craft union because of contract granting industrial labor organization recognition
for employees whom it represented ; contract for indefinite duration held no bar
to proceeding-Unit Appropriate for Collective Bargaining : factors evenly bal-
anced ; powerhouse employees sufficiently distinct to constitute a separate unit ;
determining factor desire of employees in the craft; election to determine-Elec-
tion Ordered : as to employees within the unit claimed appropriate.
Mr. Bernard R. Bralove, for the Board.
Mr. Carl W. Shaeffer, of Cleveland, Ohio, for the Company.
Mr. R. E. Seitz and Mr. Herbert McCaffery, of Cleveland, Ohio, for
the Firemen.
Mr. Patrick Quinn and Mr. George L. Myers, of Cleveland, Ohio,
for the T. W. O. C.
Miss Ann Landy, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On February 27, 1939, the International Brotherhood of Firemen
and Oilers, Local #52, (A. F. of L.), herein called the Firemen,
filed with the Regional Director for the Eighth Region (Cleveland,
Ohio) a petition alleging that a question affecting commerce had
arisen concerning the representation of employees of the L. B. Lock-
wood Company, Cleveland, Ohio, herein called the Company, and
requesting an investigation and certification of representatives pur-
suant to Section 9 (c) of the National Labor Relations Act, 49 Stat.
449, herein called the Act. On July 24, 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 Rela-
tions Board Rules and Regulations-Series 2, ordered an investigation
and authorized the Regional Director to conduct it and to provide
for an appropriate hearing upon due notice.
16 N. L. R. B., No. 11.
65
66 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
On August 24, 1939, the Regional Director issued a notice of
hearing, copies of which were duly served upon the' Company, upon
the Firemen, and upon the Textile Workers Organizing Committee,
Local #2105 (C. I. 0.), herein called T. W. O. C., a labor organ-
ization claiming to represent employees directly affected by the
investigation.
Pursuant to the notice, a hearing was held on August 28 and 29,
1939, at Cleveland, Ohio, before William B. Barton, the Trial Exam-
iner duly designated by the Board. The Board, the Company, the
Firemen , and the T. W. O. C. were represented by counsel or official
representatives and participated in the hearing. Full opportunity to
be heard, to examine and cross-examine witnesses, and to introduce
evidence bearing on the issues was afforded all parties. During the
course of the hearing the Trial Examiner made various rulings on
motions and on objections to the admission of evidence. The Board
has reviewed all these rulings and finds that no prejudicial error was
committed . The rulings are hereby affirmed. At the end of the
hearing the Trial Examiner informed the parties that they were
entitled to apply for-oral argument before the Board at Washington,
D. C., within five (5) days after the hearing. None of the parties
availed themselves of the opportunity.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
L. B. Lockwood Company is an Ohio corporation, with its office
and manufacturing. plant in Cleveland, Ohio. It is engaged in the
business of reclaiming- wool. The raw materials used in the manu-
facture of its products are rags, dye-stuff, chemicals, warp, and wool
oil: In 1938 the Company purchased raw materials worth approxi-
mately $400,000 and sold products worth more than $650;000. The
Company obtained approximately 60 per cent of such raw materials
from and shipped more than 85 per cent of such finished 'products
to points outside Ohio. It employs approximately 200 persons.
The Company admits that it is engaged in interstate commerce:
H. THE ORGANIZATIONS INVOLVED
.
The, International Brotherhood of Firemen and Oilers, Local #52,
is, a labor' organization affiliated with the American Federation of
Labor.' It admits to membership powerhouse employees.
The Textile Workers Organizing Committee is a labor organiza-
tion affiliated with the Congress of Industrial Organizations. It ad-
mits to membership all employees of the Company' except office and
supervisory employees.
L. B. LOCI WOOD COMPANY
III. THE QUESTION CONCERNING REPRESENTATION
67
On April 5, 1937, the T. W. O. C. and the Company entered into
a contract, effective for a term of one year from March 11, 1937. The
contract contains an automatic renewal clause and is terminable upon
' 30 .days' notice by either party. Although the preamble of the con-
tract provides that the Company and "such employees of the Com-
pany as are members" of the T. W. O. C. are the parties to it, the
body of the agreement recognizes the T. W. O. C. "as the negotiating
unit of [the Company's] employees as prescribed by" the Act. Under
the terms of the agreement all hourly paid employees "who are
eligible for membership" in the T. W. 'O. C., including the power-
house employees, received a blanket wage increase. The contract
also provides that it is applicable "only to workers in production,"
and that "all workers shall be classified as workers in production"
except office help, superintendents, and certain named foremen. While
the contract is drafted in ambiguous language, it appears that it
was the intention of the parties to afford recognition to the T. W_
O. C. as the exclusive representative of the Company's employees
in a plant-wide unit.
In view of the fact that the definite term of the contract expired
on March 11, 1938, and since then it has been terminable at any time
upon 30 days' notice, it cannot preclude an investigation and -deter-
mination of representatives by the Board.'
In January 1939 the Firemen, claiming to represent a majority of
the powerhouse employees, requested the Company to enter into
negotiations with it for a contract to cover the powerhouse employees.
The Company took the position that its contract with the T. W. O. C.
covered all the employees in the, plant and, therefore, during its
existence, it could not negotiate with any other labor organization.
We find that a question has arisen concerning the representation
of employees 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.
See Matter of Metro-Goldwyn-Maier Studios and Motion Picture Producers Assn., et at.
and Screen Writers Guild, Inc., 7 N. L. R. B. 662; Matter of Seiss Manufacturing Coni-
pong :end Coin neittee to"r Industrial Organization, 7 N. L. R. B. 481.
68 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
V. THE APPROPRIATE UNIT
The Firemen claim that the powerhouse employees, including the'
chief engineer, constitute an appropriate unit. In connection with
A his claim the Firemen point out that the powerhouse employees
constitute a special, skilled group with interests differing from those
of other employees of the Company; they are located in a separate
section.of the plant and their work has no connection with the manu-
facturing process.
The T. W. O. C. contends that the powerhouse employees should
not be established as a separate bargaining unit, but should remain
grouped together with the other employees for the purposes of
collective bargaining.
In 1934 the United Textile Workers of America, affiliated with
the American Federation of Labor, organized and represented the
employees of the Company. This labor organization succeeded in
1934 in obtaining a collective bargaining agreement from the Com-
pany, which agreement was renewed in 1935 and in 1936. The power-
house employees were not eligible for membership in the United
Textile Workers of America, and were not covered by its contracts.
However, when this labor organization became affiliated with the
,Committee for Industrial Organization in 1936 under the name of
.the T. W. O. 'C., the powerhouse employees became eligible for mem-
bership. Thereafter they joined the T. W. O. C. and were provided
for in the 1937 contract, discussed above.
The.Firemen have. had. members among., the powerhouse: employees
since 1934, but made no attempt to bargain with the 'Company until
1939.
Since it appears from the evidence that the powerhouse employees
could function either.as a,separate unit or as part of a single indus-
trial unit, we hold that the determining factor is the desire of the
employees themselves.2
We find in Section VI below that doubt exists as to the desires
of powerhouse employees with' regard to representation - for the
purposes of collective bargaining. Therefore, an election will be held
among the powerhouse employees to determine whether they wish to
.be, represented by the Firemen or the T. W. O. C. or neither. If a
majority of these-employees cast their votes for the Firemen, we shall
.hold. that the powerhouse employees constitute a separate unit and
we shall certify the Firemen as the exclusive representative thereof.
a ,ltatter of The Globe Machine and Stamping Co. and Metal Polishers Union, Local
o. 3; International Association of Machinists , District No. 54; Federal Labor Union 18788
and United Automobile Workers of America, 3 N. L. R. B. 294, and subsequent cases.
L. B. LOCKWOOD COMPANY 69
If a majority of these employees cast their votes for the T. W. O. C.
or for neither or if the votes cast for the T. W. O. C. and for
neither together constitute a majority , we shall conclude therefrom
that these employees do not desire to constitute a separate unit.
In such event , we shall dismiss the petition of the Firemen for certi-
fication as representatives of a unit comprising the powerhouse
employees.
VI. THE DETERMINATION OF REPRESENTATIVES
The Firemen submitted in evidence at the hearing authorization
cards signed by eight of the ten powerhouse employees . All these
cards were signed in March 1939 . The T . W. O. C. claimed that
all powerhouse employees with the exception of the chief engineer
were members of its organization , but did not introduce cards in
evidence . Three of the powerhouse employees testified at the hear-
ing that they desired to be represented by the Firemen. The testi-
mony of at least one of them indicated , however, that he considered
himself as still retaining his membership in the T. W. O. C. Under
the circumstances , we find that an election by secret ballot is neces-
sary to resolve the question concerning representation of the
powerhouse employees.
The names of the powerhouse employees whom the Firemen are
seeking to represent were read into the record and are listed in
Appendix A. In the election which we shall direct, the employees
listed in Appendix A, including employees in the powerhouse who
have been hired since the date of the hearing , but excluding those
who have since quit or been discharged for cause , shall be eligible
to vote.
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following :
CONCLUSION OF LAW
A question affecting commerce has arisen concerning the repre-
sentation of employees of L. B . Lockwood Company, Cleveland,
Ohio, within the meaning of Section 9 (c) and Section 2 (6) and
( 7) of the National Labor Relations Act.
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
70 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Labor Relations Board Rules and Regulations-Series 2, it is
hereby
DIRECTED that, as part of the investigation ordered by the Board
to ascertain representatives for the purposes of collective bargaining
with L. B. Lockwood Company, Cleveland, Ohio, 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 of Election,
under the direction and supervision of the Regional Director' for the
Eighth 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, among the powerhouse employees of
the Company whose names are listed on Appendix A, including
those hired since the date of the hearing, but excluding those who
have since quit or been discharged for cause, to determine whether
said employees desire to be represented by the International Brother-
hood of Firemen and Oilers, Local #52, (A. F. of L.) or by the
Textile Workers Organizing Committee, Local #2105 (C: I. 0.) for
the purposes of collective bargaining, or by neither,
Mn. WILLIAM M. LEISERSON, concurring :
While I do not agree with the reasoning of the foregoing opinion,
I concur in the result reached in this case.
MR. EDWIN S. SMITH, dissenting :
I would not grant the powerhouse employees the privilege of
.setting themselves apart in a bargaining unit separate from the
industrial unit in this case. The reasoning in my dissents in the
Allis-Chalmers 3 and subsequent cases is applicable here. There is
no bargaining history between the Firemen and the Company, and
there has been a plant-wide contract between the Company and the
T. W. O. C. since 1937 which has clearly operated and been under-
stood by the parties-as an exclusive bargaining contract. The power-
house employees have benefited from blanket wage increases and the
reduction of hours secured by the industrial organization. Under
these circumstances, I would dismiss the petition.
a Matter of Allis-Chalmers Manufacturing Company and International Union, United
Automobile Workers of America, Local 248,4 N. L. R. B. 159, and subsequent cases.
L. B. LOCKWOOD COMPANY
APPENDIX A
ENGINEERS
Mike Stianche, Chief Engineer Walter Osinski
Frank Dombonski
FIREMEN
Frank Payma Joe Busdosh
Steve Hornack
COAL PASSERS
John Moros Frank Pesancik
Michael Moros
Mike Basas
EXTRA MAN
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