Rehoboth Porcelain Enamel Co.

National Labor Relations Board - Board Decisions

Dec 8, 1943

53 N.L.R.B. 1244 (N.L.R.B. 1943)

In the Matter of REHOBOTH PORCELAIN ENAMEL Co. and INTERNA-
TIONAL BROTHERHOOD OF FOUNDRY EMPLOYEES, LOCAL No. 118
Case No. 1-R-1636.-Decided December 8, 1943
Mr. Humphrey Barker, of Taunton, Mass., and Mr. George Grosser,
of Kalamazoo, Mich., for the Company.
Mr. Stephen Zehala, of Uniontown, Pa., and Mr. George L. Dooley,
of Taunton, Mass., for the Brotherhood.
Mr. Bartie Allen, of Taunton, Mass., for the Stove Mounters.
Mr. David V. Easton, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by International Brotherhood of
Foundry Employees, Local 118, herein called the Brotherhood, alleg-
ing that a question affecting commerce had arisen concerning the rep-
resentation of employees of Rehoboth Porcelain Enamel Co., Re-
hoboth Village, Massachusetts, herein called the Company, the Na-
tional Labor Relations Board provided for an appropriate hearing
upon due notice before Robert E. Greene, Trial Examiner. Said hear-
ing was held at Taunton, Massachusetts, on November 10, 1943. The
Company, the Brotherhood, and Stove Mounters' International Union,
Local 95 (A. F. L.), herein called the Stove Mounters, appeared, par-
ticipated, and were afforded full opportunity to be heard, to ex-
amine, and cross-examine witnesses, and to introduce evidence bear-
ing on the issues. The Trial Examiner's rulings made at the hear-
ing are free from prejudicial error and are hereby affirmed. All
parties were-afforded an opportunity 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
Rehoboth Porcelain Enamel Co., a Massachusetts corporation with
its sole place of business located at Rehoboth Village, Massachusetts,
53 N. L. R. B., No. 227.
1244
REHOBOTH PORCELAIN ENAMEL CO. 1245
is engaged in the fabrication of sheet iron and enameling of sheet
iron and castings. The Company purchases semi-annually raw ma-
terials for use at its Rehoboth plant valued at approximately $30,000,
of which about 40 percent is received from points outside the State of
Massachusetts. During the 6 months ending September 30, 1943,
the Company sales approximated $90,000 in value, of which about 1
percent was'sold to points outside the State of Massachusetts. The
Company admits that it is engaged in commerce within the, meaning
of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
International Brotherhood of Foundry Employees, Local No. 118, is
an unaffiliated organization, admitting to membership employees of,
the Company.
Stove Mounters' International Union, Local 95, is a labor organiza-
tion affiliated with the American Federation of Labor, admitting to
membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On July 29, 1942, the Company and the Stove Mounters executed a
contract covering the former's production and maintenance employees.
The contract contained no termination clause, and was considered by
the parties thereto as one running for an indefinite term.' On or about
September 17, 1943, the Brotherhood requested recognition from the
Company as the exclusive bargaining representative of its employees.
The Company took the position that the above-mentioned contract
prohibited it from bargaining with the Brotherhood. Since this con-
tract contains no expiration date and appears to be one for an indefinite
period, we find that it does not constitute a bar to a present determina-
tion of representatives 2
A statement of the Regional Director, introduced into evidence at
the hearing, indicates that the Brotherhood represents a substantial
number of employees in the unit hereinafter found appropriate .3
' The record discloses the following testimony :
Trial Examiner GREENE "... Is it the contention of the Company that the contract
would continue and continue . ..?"
Mr. GROSSER . "Yes, sir
Trial Examiner GREENE : "Then it is a contract for an indefinite number of years, or
until such time as demands will be made upon the Company for a new contract?"
Mr. GROSSER : "Yes, Sir."
2 Cf Matter of Phelps Dodge Reftning Corp., 40 N. L. It. B. 1159; Matter of Allegheny
Ludlum Steel Corporation, 40 N. L R B. 1285.
3 The Regional Director reported that the Brotherhood submitted 14 dues books made out
to employees whose names appeared upon the Company's pay roll for the week prior to
October 12, 1943 Said pay roll contained a total of 26 names in the appropriate unit.
The Stove Mounters relies upon its contract with the Comnany dated July 29. 1942. for
the establishment of its interest.
559015-44-vol. 53-' x-80
1246 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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
Substantially in accordance with a stipulation of the parties, we find
that all production and maintenance employees of the Company, ex-
cluding all supervisory employees with authoritye to hire, promote,
discipline, discharge, or otherwise effect changes in the status of em-
ployees, or effectively recommend such action, clerical employees,
watchmen, and guards, 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
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among the em-
ployees 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 Relations
Board Rules and Regulations, Series 3, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Rehoboth Porce-
lain Enamel Co., Rehoboth Village, Massachusetts, 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 First 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 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 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 those employees who have since quit or been discharged for
cause and have not been rehired or reinstated prior to the date of the
REHOBOTH PORCELAIN ENAMEL CO. 1247
election, to determine whether they desire to be represented by Inter-
national Brotherhood of Foundry Employees, Local 118, or by Stove
Mounters' International Union, Local 95, 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.