Locke Insulator Corp.

National Labor Relations Board - Board Decisions

Feb 6, 1943

47 N.L.R.B. 361 (N.L.R.B. 1943)

In the Matter of LOCKE INSULATOR CORPORATION and LOCAL 186,
UNITED CONSTRUCTION WORKERS, DIVISION OF DISTRICT 50, UNITED
MINE WORKERS OF AMERICA
Case No. R-4793.-Decided February 6, 1943
Jurisdiction : insulator manufacturing industry.
Investigation and Certification of Representatives : existence of question ; refusal
to bargain; contract held no bar when identity of successor to representative
originally certified three years before was a matter of unresolved dispute ;
election necessary.
Unit Appropriate for Collective Bargaining : all employees at one plant of com-
pany, including machinists in the machine shop, firemen, oilers, water-tenders,
engineers in the powerhouse, and all watchmen, but excluding uniformed
guards, supervisory employees above the rank of pusher, and clerical employees.
Weinberg c0 Green, by,Mr. Marry J. Green, of Baltimore, Md., for
the Company.
Mr. Con McLaughlin and Mr. Arthur G. Pilon, of Baltimore, Md.,
for the UCW-UMW. .
Mr. Frank J. Bender, of Baltimore, Md., for the,CIO.
Mr. Jack Myers, of Baltimore, Md., for the UERM.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by Local 186, United Construction Work-
ers, Division of District 50, United Mine Workers of America, herein
called the UCW-UMW, alleging that a question affecting commerce
had arisen concerning the representation of employees, of Locke In-
sulator Corporation, Baltimore, Maryland, herein called the Com-
pany, the National Labor Relations Board provided for an appropri-
ate hearing upon due notice before Earle K. Shawe, Trial Examiner.
Said hearing was held at Baltimore, Maryland, on January 25, 1943.
At the -commencement of the hearing the Trial Examiner granted
motions of the Congress of Industrial Organizations, herein called
the CIO, and United Electrical, Radio & Machine Workers of Amer-
ica, herein called the UERM, to intervene. The Company, the
47 N L R. B., No. 44.
361
362 DECISIONS -OF NATIONAL LABOR RELATIONS BOARD
UCW-UMW, the CIO, and the UERM appeared and participated
at the hearing., All parties 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.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Locke,Insulator Corporation is a Maryland corporation with its
principal place of business at Baltimore, Maryland, where it is
engaged in the business of manufacturing, selling, and distributing
electrical insulators and electrical and mechanical porcelain and metal
attachments. The principal raw materials used by the Company are
clay, feldspar, and flint. The Company spends approximately
$1,000,000 annually for raw materials, about 80 percent of which is
shipped to it from points outside the State of Maryland. The Com-
pany sells finished products valued at about $1,800,000 annually,
approximately 85 percent of which is shipped to points outside the
State of Maryland. The Company admits that it is engaged in
commerce within the meaning of the National .Labor Relations Act.
H. THE ORGANIZATIONS INVOLVED
Local 186, United Construction Workers, Division of District 50,
United Mine Workers of America, is a labor organization admitting
to membership employees of the Company.
Congress of Industrial Organizations is a labor organization admit-
ting to membership employees of the Company.
United Electrical, Radio & Machine Workers of America is a labor
organization affiliated with the Congress of Industrial Organizations,
admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On August 21, 1939, the Board certified Brick & Clay Workers
Local Industrial Union #936, C. I. 0., herein called the Clay Workers,
as exclusive bargaining representative of the employees involved
herein. Thereafter the Company and the Clay Workers entered into
an exclusive bargaining contract which expired in December 1940.
During 1940 the CIO transferred jurisdiction over the employees in-
1 Although International Association of Machinists , International Union of Operating
Engineers , Local 272 , and International Brotherhood of Operative Potters were served
with notice of hearing, they did not appear.
LOCKE INSULATOR CORPORATION 363
volved from the Clay Workers to United Construction Workers
Organizing Committee, Local No. 186, herein called the UCWOC.
In December 1940, the Company and the UCWOC entered into an
exclusive contract which expired on February 1, 1942. On that date,
the Company and the UCWOC executed a new agreement which ex-
pired on February 1, 1943.
On June 4, 1942, certain officials of the UCWOC and District 50,
United Mine Workers of America, executed an agreement purporting
to affiliate with District 50 the local unions established by the
UCWOC and thereby creating the UCW-UMW.
On June 11, 1942, the CIO dissolved the UCWOC. On July 22,
1942, the CIO transferred jurisdiction over the employees involved
herein to the UERM.
On August 22, 1942, the UERM advised the Company that it was
the successor to the UCWOC and requested the Company to recognize
it as exclusive bargaining agent of the Company's employees.
On December 16, 1942, the UCW-UMW requested the Company
to negotiate with it for a new contract to go into effect on February
1, 1943. On December 21, 1942, the Company refused this request,
stating that it would not bargain with either the UCW-UMW or
the UERM until such time as the dispute was resolved.
A statement of the Regional Director, introduced into evidence at
the hearing, indicates that the UCW-UMW represents a substantial
number of employees in the unit hereinafter found to be appropriate?
The UERM contends that it is the legitimate successor to the
UCWOC and the Clay Workers and that, as such, it is entitled to
recognition as the exclusive representative pursuant to the Board's
certification of August 21, 1939; and that its certification constitutes
a bar to a present determination of representatives. The UCW-
UMW claims that it is the successor to the UCWOC but desires that
an election be held.
None of the' parties contends that the contract of February 1, 1942,
constitutes a bar to a present determination of representatives. It
should be noted that the certification that the UERM pleads as a bar
to this proceeding is more than 3 years old. Further, the conflicting
claims of the UCW-UMW and the UERM establish that there is an
unresolved doubt with respect to the identity of the labor organiza-
tion which the employees have chosen to represent them. Under all
2 The Regional Director reported that the UCW-UMW presented 445 membership appli-
cation cards bearing apparently genuine signatures of persons whose names appear on
the Company' s pay roll of December 27, 1942. There are 784 employees in the appropriate
unit. The Trial Examiner reported during the course of the hearing that the UERM
presented 48 membership application cards bearing apparently genuine signatures of
persons whose names appear on the Company's pay roll of December 27, 1942
364 DEC°_'SLONS OF NATIONAL LABOR RELATIONS BOARD
the circumstances, we shall resolve the dispute which has arisen by
an election by secret ballot.3
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 UNIT
We find, in accordance with a stipulation of the parties, that all
employees at the Baltimore plant of the Company, including ma-
chinists in the machine shop, firemen, oilers, water-tenders, engineers
in the powerhouse, and all watchmen, but excluding uniformed
guards, supervisory employees above the rank of pu-her, and clelical
employees, constitute a unit appropriate for the purposes of collective
bargaining, within the meaning of Section 9 (b) of the Act.4
V. THE DETERMINATION OF REPRESENTATIVES
We find that the question concerning representation which has
arisen can best be resolved by means of an election by secret ballot.
The UCW-UMW urges that the pay roll of December 27, 1942,
be used to determine eligibility to vote. The UERM contends that
a current pay roll should be used for that purpose. The Company
takes no position. Inasmuch as no reason appears why we should
depart from our usual practice, we shall direct that the employees
eligible to vote shall be those within 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 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
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 Locke Insulator
Corporation, Baltimore, Maryland, an election by secret ballot shall
be conducted,as early as possible, but not later than thirty (30) days
i See 'Matter of Bi enizer Trucking Company, et al. and United Paving and Building
Supply Workers Local Industrial Union, No. 1221, C. 1 0, 44 N. L. R B 810; Matter
of Harbison -Walker Refiactories Company and United Clay Products Workers , Local In-
dustrial Union No 1205, et al, 44 N . L R B. 816.
4 This is substantially the same unit that is ptovided for in the contracts alluded to above.
LOCKE INSULATOR CORPORATION 365
fiom 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 subject to
Article III, Section 10, 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 any such 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 local 186,
United Construction Workers, Division of District 50, United Mine
Workers of America, or by United Electrical, Radio & Machine
Workers of America, affiliated with the Congress of Industrial Organ-
izations, for the purposes of collective bargaining, or by neither.
I