Northwest Metal Products, Inc.

National Labor Relations Board - Board Decisions

Dec 18, 1942

46 N.L.R.B. 111 (N.L.R.B. 1942)

In the Matter of NORTHWEST METAL PRODUCTS, INC. and KENT INDUS-
TRIAL LOCAL UNION No. 1288, AFFILIATED WITH THE C. I. O.
Case No. B-4560.-Decided December 18, 1942
Jurisdiction : ordnance manufacturing industry.
Investigation and Certification of Representatives : existence of question: re-
fusal to accord recognition because of alleged existing closed-shop contract;
contract ostensibly renewed when rival union gave timely notice of claim,
held no bar to present determination ; election necessary.
Unit Appropriate for Collective Bargaining : all production and assortment
employees at one plant of Company, with specified exclusions ; no dispute as to.
Messrs. Joe Parker and A. F. Parker, of Seattle, Wash., for the
Company.
Messrs. Roy W. Atkinson and E. Pedersen, of Seattle, Wash., for
the C. 1. 0.
Mr. L. Presley Gill, of Seattle, Wash., for the Assortment Workers.
Mr. Robert Silagi, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition and amended petition duly filed by Kent Industrial
Local Union No. 1288, affiliated with the C. I. 0., herein called the
C. I. 0., alleging that a question affecting commerce had arisen con-
cerning the representation of employees of Northwest Metal Products,
Inc., Seattle, Washington, herein called the Company, the National
Labor Relations Board provided for an` appropriate hearing upon due
notice before Robert E. Ackerberg, Trial Examiner. Said hearing
was held at Seattle, Washington, November 12, 1942. The Company,
the C. I. 0., and Local 383, Assortment Workers Union, affiliated with
the Sheet Metal Workers Union, A. F. of L., herein called the Assort-
ment Workers, appeared,' participated, and were afforded full oppor-
1 Local 99, Sheet Metal Workers, A. F. of L., appeared at the hearing but withdrew
upon determining that the appropriate unit sought by the C. I. O. did not encroach
upon its jurisdiction . The following unions sent letters to , the Board expressing no
46 N. B. R. B., No. 18
.111
112 DECISION' s OF NATIONAL LABOR RELATIONS BOARD
tunity 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
1. THE BUSINESS OF THE COMPANY
Northwest Metal Products, Inc., is a, Washington corporation'
having, its plant, which alone is involved in this proceeding, at Kent,
Washington. In peacetime, the Company manufactures a standard
line of light metal work, consisting of garbabe cans, mail boxes; and
building materials. In 1941 it did about $400,000 worth of business.
It is presently, operating on defense "contracts and receives over 90
percent of its raw materials from points without the State of-Wash-
ington ,and ships about 95 percent, of its finished product's to points
outside the State of Washington. The Company admits that it is
engaged in commerce within the meaning of the National- Labor
Relations Act. -
II. THE ORGANIZATIONS INVOLVED
Kent Industrial Local Union_ No. 1288 is a labor organization
affiliated with the Congress, of Industrial Organizations, admitting
to membership employees of the Company.
Local 383, Assortment Workers Union, affiliated with the Sheet
Metal Workers Union and the American Federation of Labor is a
labor organization- admitting to' membership employees of the
Company.
III. THE QULSTION,CONCERNING REPRESENTATION
In 1937 the Company entered into a contract with the Assortment
Work,ers,which was renewed aimually, the-last renewal being effective
May 1, 1941. By its terms, the, 1941 contract provided for automatic
renewal periods of - 1 year, unless by, March 1 of any year either-party,
gave, notice of its intention to terminate or amend. It also provided-
that,, ". . . any agreement reached afterwards, (May 1st) shall be.
effective as of-May 1st of any year." The recognition accorded the
Assortment Workers was for members only, but in addition the. con-.
tract provided fora preferential union shop.
interest in the case upon learning that- the amended petition excluded their members
from the unit claimed: International Brotherhood of Teamsters , Chauffeurs & ,Helpers,
Local 174; A. F. of L.; Warehousemen's Local Union 117, A. F. of L.; and *International
Association of Machinists , Hope Lodge No. 79.
NORTHWEST. METAL PRODUCTS, INC. 113
. On February 25, 1942, Assortment Workers gave notice of its in-
tention. to open negotiations looking, toward the signing of a new
contract. As of November 12, 1942, the date of the hearing, no new
agreement had been signed, and, according to the testimony of A. F:
Parker, the Company's secretary,-treasurer in charge of labor re-
lations, the parties were still negotiating. On October 5, 1942, the
C. I. O. sent the Company a letter, claiming to represent a majority
of its employees and requesting collective bargaining rights. At a
conference with the C. I. 0.'4 days later, the Company refused to
grant bargaining rights, maintaining that it was barred from doing
so by its contract- with the Assortment Workers. The C.J. 0.. there-
upon filed its petition herein. Assuming, as the Company and the
Assortment'Workers contend, that the contract was in fact regarded
as according exclusive recognition to the Assortment' Workers, it is
not a bar to this proceeding, inasmuch as no agreement renewing or
supplanting the 1941 contract has been entered into, and since the
C. I. O. gave timely notice of its representation claims.
A report of a Field Examiner of the Board introduced into evi-
dence at the hearing, shows that the C. I. O. represents a substantial
number of employees in the unit hereinafter found to be 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.
IV. THE APPROPRIATE UNIT
The C. I. O. and the Assortment Workers agree, the Company does
not oppose, and we find, that all production and assortment employees-
of the Company employed at its Kent, Washington, plant, but ex-
cluding supervisors with power to hire or discharge, clerical em-
ployees,.machinists, warehousemen, truck drivers, and journeymen and
apprentice sheet metal workers hired only to complete specific con-
tracts, 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. O. desires that, in the event an election is ordered, eligi-
bility to vote, be determined by reference to the pay roll of November 9,,
2 The Field Examiner reported that the C . I. 0 submitted 104 authorization cards,
all of which bore apparently genuine signatures , dated between October 1 and 22, 1942.
Seventy-three names appeared on the pay roll for October 6, 1942, which contained 93
names , in the claimed unit. The balance of the cards were submitted subsequent to
October 6, and in view of the large showing were not checked against a later pay roll
As of the November-9 . payroll , there were 142 employees in the claimed unit.
On the basis of dues receipts submitted by the Assortment workers from July to October
1942, 10 men had paid dues to that organization.
504086-43-vol. 46-8
114 ' DECISIONS OF NATIONAL LABOR RELATIONS BOARD
1942, whereas the Assortment Workers desires that the Board's usual
practice be followed. Since no persuasive reason appears for, depart-
ing therefrom, we shall follow our usual practice and 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 pre-
ceding the date of the Direction of Election herein, subject to the
limitations and- additions set forth in the Direction.
DIRECTION OF ELECTION
k
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 Northwest Metal
Products, Inc., Seattle, Washington, 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 Nineteenth Region, act-
ing 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 employees who did
not work during said pay-roll period because they were ill or on vaca-
tion 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 employees who have since quit or been discharged
for. cause, to determine whether they desire to be represented by. Kent
Industrial Local Union No. 1288, C. L'/ ., or by Local 383, Assortment-
Workers Union, affiliated with the Sheet Metal Workers Union, A. F:
of L., for the purposes of collective,bargaining, or by neither.'
C