Muncie Water Works Co.

National Labor Relations Board - Board Decisions

Oct 5, 1943

52 N.L.R.B. 1197 (N.L.R.B. 1943)

In the Matter of MUNCIE WATER WORKS COMPANY and INTERNATIONAL
HOD CARRIERS, BUILDING AND COMMON LABORERS UNION OF AMERICA,
LOCAL No. 1112, A. F. OF L. I
In the Matter of MUNCIE WATER WORKS COMPANY and LOCAL 34,
UNITED CONSTRUCTION WORKERS DIv1SION OF DISTRICT 50, UNITED
MINE WORKERS OF AMERICA AND INTERNATIONAL HOD CARRIERS,
BUILDING AND COMMON LABORERS UNION OF AMERICA. LOCAL No.
1112, A. F. OF L.
Cases Nos. 9-R-1183 and 9-RE-11 respectively .Decided October
5, 1943
Mr. E. A. Geehan and Mr. C. E. Stewart, of Muncie, Ind., for
the Company.
Mr. George McMahon, of Muncie, Ind., for the Hod Carriers.
Mr. Laurence S. Filburn, of Indianapolis, Ind., and Mr. Max Ren-
derquist, of Muncie, Ind., for Local 34.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon separate petitions duly filed by International Hod Carriers,
Building and Common Laborers Union of America, Local No. 1112,
A. F. of L., herein called the Hod Carriers, and Muncie Water Works
Company, Muncie, Indiana, herein called the Company, alleging
that questions affecting commerce had arisen concerning the repre-
sentation of employees of the Company, the National Labor Rela-
tions Board consolidated the cases and provided for an appropriate
hearing upon due notice before Thomas E. Shroyer, Trial Examiner.
Said hearing was held at Muncie, Indiana, on September 14, 1943.
The Company, the Hod Carriers, and Local 34, United Construction
Workers, Division of District 50, United Mine Workers of America,
herein called Local 34, appeared, participated, and were afforded
52 N. L . R. B., No. 197.
1197
1198 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
full opportunity to be heard, to examine and cross-examine witnesses,
and to introduce evidence bearing on the issues. The Trial Exam-
iner'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
I. THE BUSINESS OF THE COMPANY
Muncie Water Works Company is an Indiana corporation with
its principal place of business at Muncie, Indiana, where it is engaged
in supplying water to the city of Muncie. The Company sells about
1,168,000,000 gallons of water annually, all of which is secured from
two local rivers and driven wells. The Company services numerous
large war plants in Muncie.
II. THE ORGANIZATIONS INVOLVED
Local 34, United Construction Workers, Division of District 50,
United Mine Workers of America, is a labor organization, admitting
to membership employees of the Company.
International Hod Carriers, Building and Common Laborers Union
of America, Local No. 1112, is a labor organization affiliated with
the American Federation of Labor, admitting to membership em-
ployees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On May 1, 1943, the Hod Carriers requested of the Company rec-
ognition as the exclusive bargaining representative of the Company's
employees. The Company refused this request.
On May 1, 1941, the Company and Local 34 entered into an exclu-
sive collective bargaining contract. On June 2, 1942, they entered
into a supplemental contract. The supplemental agreement provides
that it shall remain in effect until May 1, 1943, and from year to year
thereafter unless notice of a desire to terminate or for changes is
given by either party thereto at least 30 days prior to any annual
expiration date. Local 34 contends that its contract with the Com-
pany is a bar to the instant proceeding. On March 29, 1943, Local
34 notified the Company of its desire for changes in the contract.
Inasmuch as Local 34 made its demands for changes upon the Com-
pany prior to April 1, 1943, the date upon which the contract would
have automatically renewed itself, we find that the contract does not
constitute a bar to a 'determination of representatives at this time.
MUNCIE WATER WORKS COMPANY 1199
A statement of a Field Examiner of the Board, introduced into
evidence at the hearing, indicates that the Hod Carriers represents
a substantial number of employees in the unit hereinafter found to be
appropriate.'
We find that a question affecting commerce has arisen, concerning
the representation of employees of the Company, within the mean-
ing of Section 9 (c) and Section 2 (6) and (7) of the National Labor
Relations Act.
IV. THE APPROPRIATE UNIT
We find, in agreement with the parties, that all employees of the
Company, excluding clerical employees and all supervisory employees
with authority to hire, promote, discharge, discipline, or otherwise
effect changes in the status of employees, or effectively recommend
such action, constitute a unit appropriate for the purposes of collec-
tive bargaining, within the meaning of Section 9 (b) of the Act .2
V. THE DETERMINATION OF REPRESENTATIVES
J
We shall direct that the question concerning representation which
has arisen be resolved by means of an election by secret ballot among
the employees 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 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 Re-
lations 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 Muncie Water
Works Company, Muncie, 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 supervisiotl
of the Regional Director for the Ninth Region, acting in this matter
as agent for the National Labor Relations Board, and subject to
Article III, Sections 10 and 11, of said Rules and Regulations, among
the employees in the unit found appropriate in Section IV, above,
1 The Field Examiner reported that the Hod Carriers presented 9 membership application
cards bearing apparently genuine signatures of persons whose names appear on the Com-
pany's pay roll of August 26, 1943 . There are approximately 17 employees in the appro-
priate unit . Local 34 did not present any evidence of representation but relies upon its
contract as evidence of its interest in the instant proceeding.
2 This is the same unit provided for in the contract between the Company and Local 34.
1200 DECISIOIN'S OF NATIONAL LABOR RELATIONS BOARD
who were employed during the pay-roll period immediately preced-
ing 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 International
Hod Carriers, Building and Common Laborers Union of America,
Local No. 1112, affiliated with the American Federation of Labor,
or by Local 34, United Construction Workers, Division of District
50, United Mine Workers of America, for the purposes of collective
bargaining, or by neither.