Pope Machine Co.

National Labor Relations Board - Board Decisions

Jan 4, 1944

54 N.L.R.B. 262 (N.L.R.B. 1944)

In the Matter Of POPE MACHINE COMPANY and UNITED BROTHERHOOD
OF WELDORS, CUTTERS AND HELPERS OF AMERICA, LOCAL 9
Case 19-R-1038.-Decided Januaary 4, 1944
Mr. L. W. Sistig, of Seattle, Wash., for the Company.
Mr. Merle A. Masteller, of Tacoma, Wash., for the Weldors.
Mr. L. Presley Gill, of Seattle, Wash., for the IAM.
Mr. Glenn L. Moller, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by United Brotherhood of Weldors,
Cutters and Helpers of America, Local 9, herein called the Weldors,
alleging that a question affecting commerce had arisen concerning
the representation of employees of Pope Machine Company, Seattle,
Washington, herein called the Company, the National Labor Rela-
tions Board provided for an appropriate hearing upon due notice
before John E. Hedrick, Trial Examiner. Said hearing was held
at Seattle, Washington, on September 18, 1943. The Company, the
Weldors, and International Association of Machinists, Local 79,
AFL, herein called the IAM, 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. The Trial
Examiner's rulings made at the hearing are free from prejudicial
error and are hereby affirmed . All parties were afforded an oppor-
tunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Pope Machine Company is a co-partnership doing business in and
under the laws of the State of Washington: Its office and only plant
are located in Seattle, Washington. The Company is engaged in
54 N. L. R. B., No. 35.
- 262
POPE MACHINE COMPANY 263
the business of manufacturing plate and in bending and straighten-
ing rolls. Most of its work is done pursuant to subcontracts with
various other manufacturers. Most of the work done by the Com-
pany consists of machine work, welding, cutting, burning and en-
gineering. The principal raw materials used by the Company con-
sist of steel, steel plate, iron, brass and steel castings, and other or-
dinary raw materials commonly used in machine shops. During the
period June 1, 1942, to June 1, 1943, the Company purchased raw
materials valued at approximately $250,000, of which raw materials
about 20 percent was shipped to the Company's Seattle plant from
points outside the State of Washington. During the same period,
the Company manufactured and sold' products valued at approx-
imately $310,000, about 90 percent of which was shipped from the
Company's Seattle plant to points outside the State of Washington.
The Company admits and we find that it is engaged in commerce
within the meaning of the National Labor Relations Act.
H. THE ORGANIZATIONS INVOLVED
United Brotherhood of Weldors, Cutters and Helpers of America,
Local 9, is an unaffiliated labor organization admitting to member-
ship employees of the Company.
Machinists Union Local 79. International Association of Machin-
ists, affiliated with the American Federation of, Labor, is a labor
organization admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the Weldors as
the exclusive bargaining representation of the welders in the Com-
pany's employ until the Weldors has been certified by the Board in
an appropriate unit.
A statement of an attorney for the Board, introduced into evidence
at the hearing, indicates that the Weldors represents a substantial
number of employees in the unit claimed by it to be appropriate.'
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 DETERMINATION OF REPRESENTATIVES
The Weldors contends that all welders, cutters and their respective
helpers, excluding supervisory employees, constitute an appropriate
' The attorney for the Board reported that the Weldors submitted three cards bearing
apparently genuine original signatures of persons listed on the Company 's pay roll of
April 6, 1943 , which contained the names of four employees in the alleged appropriate
unit. At the hearing the evidence indicated that there were only two welders then in the
Company's employ. The IAM relied upon its contract with the Company as evidence of
its interest.
264 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
unit. The TAM contends that a separate unit of welders is inappro-
priate and that the appropriate unit should include all employees in
the Company's machine shop and should be a multiple employer unit
covering all like machine shops in the Puget Sound area. The Com-
pany took no position as to the appropriate unit, indicating that it
would favor whatever arrangement would best satisfy its employees.
The plant occupies a single building about 200 feet long and 30
feet wide. There are no partitions inside the plant, and the various
machines used in the Company's work occupy much of the floor space.
At one end of the plant is a large welding table, around which is
located all the welding equipment. At the present time there are
only two welders in the Company's employ.2 Both of them spend
their entire time at welding. About 70 percent of their time is spent
at the welding table, while the remainder of their time they work
throughout the rest of the plant, doing whatever welding is necessary.
The welders do all the welding that is done at the plant.
I
The Company presently has a contract with the TAM covering the
machinists in the Company's employ. A representative of the Com-
pany testified that the contract does not cover welders, and that the
TAM has never attempted to bargain collectively on their behalf. The
contract itself makes no mention of welders. The wage scale of the
welders is different from that of the machinists.
The TAM contends that the appropriate unit should include all
the machine shops in the area. Although there is an employer as-
sociation in the area, Washington Metal Trades, Inc., to which many
of the Companies operating machine shops belong, the Company is
not and never has been a member of the Association. The Company
itself negotiated its contract with the TAM although it is identical
in form with the contracts which the TAM has entered into with the
Association. Clearly, the Company's employees are not part of an
association-wide unit.
It appears, therefore, that not only are the welders a clearly defin-
able group, performing functions separate and distinct from those of
other employees, but the history of bargaining at the plant indicates
that the welders have been considered by the Company and by the
TAM as outside the scope of the already existing bargaining unit. We
are therefore of the opinion that the welders may properly constitute
a separate bargaining unit if they so desire.3 On the other hand, it
it evident that the welders may feasibly be included in the unit of
machinists presently represented by the TAM. Accordingly we shall
2 The maximum number of welders at the Company 's shop at any one time has been
four ; there are at the present time no cutters , burners, or helpers in the Company's
employ.
' Matter of Houston Shipbuilding Corporation , 46 N. L . R. B. 161 ; Matter of Taylor
Forge & Pipe Works, 51 N. L R. B. 48; Matter of Dedman Foundry & Machine Company,
50 N. L. it . B. 1019; Matter of Truck Welding Co, Inc., 40 N . L. R B. 206.
POPE MACHINE COMPANY 265
make no present determination as to the appropriate unit but shall
first ascertain the desires of,the employees involved.
We shall direct that an election by secret ballot shall be held sub-
,ject to the limitations and additions set forth in the Direction, among
the welders, burners, and their helpers in the Company's employ, ex-
-cluding supervisory employees who were employed during the pay'
roll period immediately preceding the date of the Direction of Elec-
tion herein, to determine whether they desire to be represented for the
purposes of collective bargaining by the Weldors or the IAM. Upon
the results of the election will depend in part our determination of
the appropriate unit. If a majority of those participating in the
election select the Weldors, they will have indicated their desire to
constitute a separate bargaining unit. If a majority select the IAM
they will have indicated that they desire to become a part of the unit
presently represented by the IAM, and' they will be deemed to be
included in such unit.4 The IAM has requested that it be designated
onthe ballot used, in the election as Machinists' Union Local 79. This
request is hereby granted.
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 3, it is hereby
DIRECTED that, as part of the investigation to ascertain repre-
sentatives for the purposes of collective bargaining with Pope
Machine Company, 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, under the direction and super-
vision of the Regional Director for the Nineteenth 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 Regula-
tions, among the welders, burners, and their helpers in the employ
of Pope Machine Company, Seattle, Washington, excluding super-
visory employees with authority to hire, promote, discipline, dis-
charge, or otherwise effect changes in the status of employees, or
effectively to recommend such action, 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 vacation or temporarily laid off, and in-
cluding employees in the armed forces of the United States who pre-
sent themselves in person at the polls, but excluding any who have
'See Matter of Markey Machinery Co., Inc., Case No 19-R-982, decided this day,
54 N. L. R. B. 251.
266 DECISIONS ,OF NATIONAL LABOR RELATIONS BOARD
since quit or been discharged for cause and have not been rehired or
reinstated prior to the date of the election, to determine whether they
desire to be represented by United Brotherhood of Weldors, Cutters
and Helpers of America, Local 9, or by Machinists Union Local 79,
International Association of Machinists, affiliated with the American
Federation of Labor, for the purposes of collective bargaining, or by
neither.
MR. GERARD D. REILLY took no part in the consideration of the above
Decision and Direction of Election.