St. Marys Sewer Pipe Co.

National Labor Relations Board - Board Decisions

Jan 9, 1943

46 N.L.R.B. 920 (N.L.R.B. 1943)

In the Matter Of ST. MARYS SEWER PIPE COMPANY and UTILITY
WORKERS ORGANIZING COMMITTEE, LOCAL 231 (C. I. 0.)
Case No. B-41649.-Decided January 9, 1943
Jurisdiction : pipe manufacturing industry.,
Investigation and Certification of Representatives : existence of question' refusal
to accord recognition without certification of the Board ; election necessary.
Unit Appropriate for Collective Bargaining : all production and maintenance
employees , excluding supervisory employees , foremen, and clerical employees;
stipulation as to.
Mr. A. B. Cherbonnier, of New York City, for the Company.
Mr. Reginald Brown, of Brackenridge, Pa., for the U. W. O.'C.
Mr. David V. Easton, of counsel to the'Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by Utility Workers Organizing Committee,
Local 231 (C. I. 0.), herein called the U, W. O. C., alleging that a
question affecting commerce has arisen concerning the representa-
tion of employees of St. Marys Sewer Pipe Company, St. Marys,
Pennsylvania, herein called the Company, the National Labor Rela-
tions Board provided for an appropriate hearing upon due notice
before W. G. Stuart Sherman, Trial Examiner. Said hearing was
held at Ridgway, Pennsylvania, on December 10, 1942.1 The Company
and the U. W. O. C. appeared, participated, and were afforded 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. .
Upon the entire record in the case, the Board makes the following :
1 The U. W. O. C. filed charges against the Company on November 10, 1942, alleging
violation of Section 8 (1), (3), and ( 4). Said charges have been waived by the U. W.
O. C. as, a basis for objecting to any election ordered in this proceeding.
46 N. L. R. B., No.104.
920
ST. MARYS SEWER PIPE COMPANY
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
921
St. Marys Sewer Pipe Company is a Pennsylvania corporation en-
gaged in the manufacture of sewer pipe, wall copings, clay products,
and flue liners, at St. Marys, Pennsylvania. During the year 1941
approximately $4,000 worth of raw materials were shipped to the
Company from points outside the State of Pennsylvania. Over 70
percent of its finished products is shipped to points outside the State
of Pennsylvania. -' r -
The Company stipulated that it is engaged in commerce within
the meaning of the National Labor Relations Act.
H. THE ORGANIZATION INVOLVED
Utility Workers Organizing Committee , Local 231, is a labor or-
ganization affiliated with the Congress of Industrial Organizations,
admitting to membership employees of the Company.
III.-THE QUESTION CONCERNING REPRESENTATION
On or about October 8, 1942, the U. W. O. C. requested a conference
with the Company for the purpose of negotiating a contract on behalf
of the production and maintenance employees. On or about October
10, 1942, the Company advised the U. W. O. C. that it could not recog-
nize the U. W. O. C. until it was duly certified by the Board.2
A statement of the Trial Examiner, read into the record at the hear-
ing, indicates that the U. W. O. C. represents a substantial number of
employees in the unit hereinafter found 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.
2 In 1941, the United Construction Workers Organizing Committee, an affiliate of the
C. I. 0., was designated by a majority of the employees in the unit found to be appropriate
in the instant case in a consent election held under Board auspices on July 31, 1941. On
October 14, 1941, an exclusive bargaining contract was executed between the U. C W O. C.
and the Company, to remain in effect for 1 year On or about June 19, 1942, the em-
ployees in the instant case voted to change their affiliation from the U C. W. 0 C., which
had been dissolved by the C. I. 0., to the U. W 0 C , and the C I. 0 granted the latter a
charter. The Company was then notified by a committee of the U. W. 0 C. of the change
of affiliation, and later was requested to recognize the U W. O. C. as the bargaining
representative as above stated The contract above-mentioned is considered as termi-
nated by all the parties to the instant case in view of the changes in parties.
3 The Trial Examiner stated that the U. W 0 C submitted to him 70 application cards
which bore apparently genuine original signatures of persons listed on the Company's pay
roll of November 30, 1942, containing 141 names in the appropriate unit. The U. W. O. C.
stated that at the time of the hearing there were 118 persons in the appropriate unit.
922
I
DECISIONS OF NATIONAL LABOR RELATIONS BOARD
IV. 'THE APPROPRIATE UNIT
In accordance with a stipulation of the parties made at the hearing,
we find that all production and maintenance employees of the Com-
pany, excluding supervisory employees, foremen, and clerical em-
ployees, 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 Elec-
tion 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 St. Marys Sewer
Pipe Company, St. Marys, Pennsylvania, an election by secret ballot
shall be conducted as early as possible, but not later than thirty (30)
clays from the date of the' Direction, under the direction and super-
vision of the Regional Director for the Sixth 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 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 or not they desire to be represented by Utility
Workers Organizing Committee, Local 231, affiliated with the Con-
gress of Industrial Organizations, for the purposes of collective
bargaining.