Pittsburgh Metallurgical Co., Inc.

National Labor Relations Board - Board Decisions

Apr 14, 1943

48 N.L.R.B. 1239 (N.L.R.B. 1943)

In the Matter Of -PITTSBURGH METALLURGICAL CO.. INC., and DISTRICT
50, UNITED MINE WORKERS OF AMERICA
Case No. fl-5122.-Decided April 14, 1944
Jurisdiction : alloy manufacturing industry.
Investigation and Certification of Representatives : existence of question : refusal
to grant petitioner's request for a collective bargaining conference ; oral con-
tract held no bar; election necessary.
Unit Appropriate for Collective Bargaining : production and maintenance em-
ployees'at one of the company's plants, including truck drivers, but exclud-
ing executives, foremen, clerical and office employees, employees exercising
supervisory functions, guards, and restaurant, employees.
Dudley, Stowe c.0 Sawyer, by Mr. Joseph G. Dudley and Mr. Horace
C. Winch, of Buffalo, N. Y., for the Company.
Mr. Alfred Kamin, of Washington, D. C., for District 50.
Mr. Holland V. Williams, of Buffalo, N. Y., for the Association.
Mr. Lo'iis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF VIE CASE
Upon petition duly filed by District 50, United Mine Workers of
America, herein called District 50, alleging that a question affecting
commerce.had arisen concerning the representation of employees of
Pittsburgh'Metallurgical Co., Inc., Niagara Falls, New'York, herein
called the Company, the National Labor Relations Board provided
for to appropriate hearing upon due notice before Francis V. Cole,
Trial Examiner. On March 26, 1943, the Regional Director granted
a motion of Pittsburgh Metallurgical Employees Benefit Association,
herein called the Association, to intervene. Said hearing was held
at Niagara Falls, New York, on April 2, 1943. The Company, Dis-
trict 50, and the Association appeared, participated, and were af-
forded full opportunity to be heard, to examine and cross-examine
witnesses, and to introduce evidence- bearing on the issues. At the
close of, the hearing counsel for the Association moved to dismiss the
petition. The Trial Examiner reserved ruling. 'The motion is
48 N L R B., No 152
1239
1240 DECISIONS OF NATIONAL LABOR RELATIONS B'OAR,D
hereby denied. 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
Pittsburgh Metallurgical Co., Inc. is a New York corporation oper-
ating a plant at Niagara Falls, New York, where it is engaged in the
manufacture of alloys.' During 1942 the Company purchased raw
materials valued in excess of $1,000,000 for use at its Niagara, Falls
plant, over 50 percent of which was shipped to it from points outside
the State of New York. During the same period the Company manu-
factured products at its Niagara Falls plant valued in excess of $1,000,-
000, over 50 percent of which was shipped to points outside the State
of New York. The Company admits, for the purpose of this pro-
ceeding, that it is-engaged in commerce within the meaning of the
National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
District 50, United Mine Workers of America, is a labor organization
admitting to membership employees of the Company:
Pittsburgh Metallurgical Employees Benefit Association is an un-
affiliated labor organization, admitting to membership employees of
the Company.
III. THE QUESTION WN'CERNING REPRESENTATION
On February 10, 1943, District 50, claiming to represent a majority
of the employees, requested the Company for a collective bargaining
conference. The Company refused this request.
On July 28, 1942, the Company and the Association entered into an
oral contract covering the employees involved herein and to run for
a period of 1 year. The Association contends that the agreement
reached between it and the Company on July 28, 1942, constitutes a
valid "contract which should operate as a bar to a determination of
representatives at this time. However, the agreement of July 28,
1942, was not reduced to writing and signed by -the parties. This
Board often: refuses to conduct- representation investigations' where
there are in existence valid contracts which evidence that stability of
labor relations has been attained. But experience has indicated that
true stability of labor relations is not attained until collective agree-
ments have been reduced to writing and signed. We are therefore.of
the opinion that a collective bargaining agreement which has not been
PITTSBURGH METALLURGICAL CO., INC. 1241
reduced to writing and signed does not constitute a bar to a determina-
tion of representatives.'
A statement of the Trial Examiner, read into evidence during the
hearing, indicates that District 50 and the Association each 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
District 50 contends that all production and maintenance employees
at the Niagara Falls plant of the- Company, including truck drivers,
but excluding executives, foremen, clerical and office employees, em-
ployees exercising supervisory functions, guards, and restaurant em-
ployees, constitute an appropriate unit. The only controversy, with
respect to the unit concerns guards and restaurant employees. ' The
Company and the Association would include such employees in the
unit, and District 50 would exclude them.
The Company has six employees classified by it as guards. Such
employees patrol the plant, are armed, and are deputized as auxiliary
city police. In accordance with our usual practice, we shall exclude
guards from the unit.
'The Company operates a restaurant on its premises and employs six
employees therein. The work of the restaurant employees is dis-
similar from that of the production and maintenance employees.
There is no substantial community of interest between the two groups.
In accordance with our usual custom we shall therefore exclude the
restaurant employees from the unit.
We find that all production and maintenance employees at the
Niagara Falls plant of the Company, including truck drivers, but
excluding executives, foremen, clerical and office employees, employees
exercising supervisory functions, guards, and restaurant employees,
constitute a unit appropriate for the purposes of collective bargaining,
within.the meaning of Section 9 (b) of the Act.
I See Matter of Elcor, Inc. and District No. 8, International Association of Machinists,
A. F. ofL,46N L R B 1035
'The Trial Examiner reported that District 50 presented 90 membership application
cards bearing apparently genuine signatures of persons whose names appear on the Com-
pany ' s pay roll of April 1, 1943. He further reported that the Association presented 93
membership cards or authorization designations bearing apparently genuine signatures of
persons whose names appear on the April 1, 1943 , pay roll. There are about 183 persons
in the appropriate unit.
1242 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
V. THE DETERMINATION, OF REPRESENTATIVES
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 Relations
Act, and pursuant to Article III, Section 9, of National Labor Rela-
tions 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 Pittsburgh Metal-
lurgical Co., Inc., Niagara Falls, New York, 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
supervision of the Regional Director for the Third 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
District 50, United Mine Workers of, America, or by Pittsburgh
Metallurgical Employees Benefit Association, for the purposes of
collective bargaining, or by neither.