The Babcock & Wilcox Co.

National Labor Relations Board - Board Decisions

Jul 22, 1938

8 N.L.R.B. 514 (N.L.R.B. 1938)

In the Matter of THE BABCOCK & WILCOX CObIPANY and FEDERAL
LABOR UNION No. 20186
Case No. R-841.-Decided July 22,1938
Boiler Manufacturing Industry-Investigation of Representatives : contro-
versy concerning representation of employees : employer 's refusal to recognize
union as exclusive bargaining agent-Unit Appropriate for Collective Bargain-
ing: all hourly paid employees , including supervisors paid on hourly wage basis,
excluding clerical employees and supervisors paid on salary basis; stipulation
as to-Representatives : proof of choice : comparison of union membership appli-
cation cards with pay roll-Certification of Representatives : upon proof of
majority representation.
Mr. Peter Di Leone, for the Board.
Mr. B. W. Bierce, of Akron, Ohio, for the Company.
Mr. Hiram G. Cartmel.and Mr. J. C. Waddell, of Barberton, Ohio
for the Union.
Mr. William F. Guffey, Jr., of counseLto `the.Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
On April 28, 1938, Federal Labor Union No. 20186, herein called
the Union, filed with the Regional Director for the Eighth Region,
(Cleveland, Ohio) a petition alleging that a question affecting com-
merce had arisen concerning the representation of employees of The
Babcock & Wilcox Company, Barberton, Ohio, herein called the Com-
pany, and requesting an investigation and certification of representa-
tives pursuant to Section 9 (c) of the National Labor Relations Act,
49 Stat. 449, herein called the Act. On May 21, 1938, the National
Labor Relations Board, herein called the Board, acting pursuant to
Section 9 (c) of the Act and Article III, Section 3, of National Labor
Relations Board Rules and Regulations-Series 1, as amended, or-
dered an investigation and authorized the Regional Director to con-
duct it and to provide for an appropriate hearing upon due notice.
On June 2, 1938, the Regional Director issued a notice of hearing,
copies of which were duly served upon the Company and the Union.
8 N. L. R . B., No. 55.
514
DECISIONS AND ORDERS 515
Pursuant to the notice , a hearing was held on June 16, 1938, at Bar-
berton , Ohio, before Wright Clark, the Trial Examiner duly desig-
nated by the Board. The Board and the Company were represented
by counsel , the Union was represented by its president and its finan-
cial secretary and treasurer, and all participated in the hearing. Full
opportunity to be heard , to examine and cross -examine witnesses, and
to introduce evidence bearing on the issues was afforded all parties.
No motions or objections to the admission of evidence were made
during the course of the hearing.
Upon the entire record in the case, the Board makes the following.
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
The Babcock & Wilcox Company was incorporated under the laws
of the State of New Jersey in April 1881. It has two subsidiaries,
The Babcock & Wilcox Tube Co., Beaver Falls, Pennsylvania, and
National Drill & Manufacturing Co., New York City . The Company
is engaged in the manufacture and sale of boilers and auxiliary prod-
ucts and in the erection and servicing of its products . It has plants
in Barberton, Ohio; Bayonne, New Jersey; Fullerton , Pennsylvania;
and Augusta , Georgia.
The plant at Barberton , Ohio, herein called the Barberton plant,
is the only plant involved in this proceeding . It is engaged chiefly in
the manufacture of stationary boilers for electric power and light,
navy and merchant marine boilers , grinding mills, oil burners,. and
alloy castings . The Company has no distributors or dealers who
stock its products , but it does have several commission agents in vari-
ous sections of the country. Practically all the products manufac-
tured at the Barberton plant are made to special order.
The principal raw materials used by the Company are steel plates
and tubes . In 1937 purchases of raw materials for use at Barberton,
Ohio, and Bayonne, New Jersey, and for shipment direct to custom-
ers amounted to approximately $11,000,000. More than 50 per cent of
the raw materials used at the Barberton plant are shipped to it from
points outside the State of Ohio. The Company ranks first in the
United States in the sale of boilers and accessories . In 1937 sales of
boilers and auxiliaries , including erections and repairs at customers"
plants, amounted to approximately $30,000 ,000. Approximately 90
per cent of the products manufactured at the Barberton plant are
shipped to points outside the State of Ohio.
The Company employs approximately 1,800 employees at its Bar-
berton, Ohio, plant.
] 17213-39-vol 8-34
516 NATIONAL LABOR RELATIONS BOARD
II. THE ORGANIZATION INVOLVED
Federal Labor Union No. 20186 is a labor organization affiliated
with the American Federation of Labor, admitting to its membership
.all- employees of the Company's Barberton plant paid on an hourly
wage rate, except clerical employees and supervisors paid on a salary
basis.
III: THE QUESTION CONCERNING REPRESENTATION
The Union began organizing the employees at the Barberton plant
in the early part of March 1936. Sometime prior to June 14, 1936,
the Union requested the Company to recognize it as the representative
-of the employees at the Barberton plant for the purpose of bargain-
ing concerning hours, wages; and working conditions. The Company
refused to accede to this request and on June 14, 1936, the Union
called a' strike and the plant was picketed. Thereafter the Company
'sent to the president of the Union a statement of its policies and rules
;governing employment. This statement of policy was dated June 26,
1936, was to be effective for a period of 1 year, was signed by the
superintendent of the Barberton plant, but did not grant recognition
-to the Union. Relying on the Company's statement of policy the
employees returned to work June 29, 1936.
Before the expiration date of the Company's statement of policy,
-the" Company and the Union' began negotiations which resulted in an
agreement signed by both parties. This agreement recognized the
Union as the, representative of its members and was to be effective
for 1 year .beginning April 11, 1937. During negotiations in April
1938 for an agreement for 1938, the Union demanded recognition as
sole collective bargaining agent for the hourly wage employees at
-the Barberton plant. The Company refused so to recognize the
Union. and no agreement for 1938 has been reached. Although the
1937 agreement had by its terms expired at the time the petition was
=filed, the Company was operating under this agreement at the time
,of the hearing, June 16, 1938, by virtue of an understanding with the
Union to continue operations under it until a 1938 agreement is
reached.
We find that a question has arisen concerning representation of
,employees of the Company.
TV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON
COMMERCE
-' We find that the question concerning representation which has
arisen, occurring in connection with the operations of the Company
,described in Section I above, has a close, intimate, and substantial
DECISIONS AND ORDERS 517
relation to trade, traffic, and commerce among the several States, and
tends to lead and has led to labor disputes burdening and obstructing
commerce and the free flow of commerce.
V. TIDE APPROPRIATE UNIT
The Union claimed in its petition that all hourly paid employees
at the Barberton plant constitute a unit appropriate for the purposes
of collective bargaining. At the hearing the parties stipulated that
all hourly paid employees, including hourly paid supervisors and
excluding clerical employees and supervisors paid on a salary basis
constitute a unit appropriate for the purposes of collective bargain-
ing. We see no reason for departing from this unit.
We find that all hourly paid employees of the Company at its Bar-
berton, Ohio, plant, including hourly paid supervisors and excluding
clerical employees and supervisors paid on a salary basis constitute
a unit appropriate for the purposes of collective bargaining and that
said unit will insure to employees of the Company at its Barberton,
Ohio, plant the full benefit of their right to self-organization and to
collective bargaining and otherwise effectuate the policies of the Act,
VI. THE DETERMINATION OF REPRESENTATIVES
In its petition the Union claims to represent approximately 1,400
employees out of approximately 1,800 employees in the appropriate
bargaining unit. At the hearing the parties stipulated that the Com-
pany's pay roll of April 30, 1938, should be used as the basis for deter-
mining the question concerning representation. This pay roll dis-
closes that there are 1,779 employees in the appropriate unit. The
parties by stipulation waived the introduction of evidence of the
Union membership cards; and in lieu thereof the affidavit of Walter
E. Taag, Field Examiner for the Board, setting forth the results of
a comparison of Union membership cards with the Company's pay
roll of April 30, 1938, was received in evidence for the purpose of
showing the number of Union members in the Company's employ on
that date. This affidavit discloses that of the 1,779 employees in the
appropriate unit on April 30, 1938, 1,310 had signed membership,
cards and were members in good standing of the Union.
We find that the Union has been designated and selected by a
majority of the employees in the appropriate unit as their representa-
tive for the purposes of collective bargaining. It is, therefore, the-
exclusive representative of all the employees in such unit for the,
purpose of collective bargaining, and we will so certify.
Upon the basis of the above findings of fact and upon the entire.
record in the case, the Board makes the following :
518 NATIONAL LABOR RELATIONS BOARD
CONCLUSIONS OF LAW
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of The Babcock & Wilcox Company, Barber-
ton, Ohio, within the meaning of Section 9 (c) and Section 2 (6)
and (7 ) of the National Labor Relations Act.
2. All hourly paid employees of the Company at its Barberton,
Ohio, plant , including hourly paid supervisors and excluding clerical
employees and supervisors paid on a salary basis, constitute a unit
appropriate for the purposes of collective bargaining, within the
meaning of Section 9 ( b) of the National Labor Relations Act.
3. Federal Labor Union No. 20186 is the exclusive representative
of all the employees in such unit for the purposes of collective bar-
gaining, within the meaning of Section 9 (a) of the National Labor
Relations Act.
CERTIFICATION OF REPRESENTATIVES
By virtue of and pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) of the National Labor Rela-
tions Act, and pursuant to Article III, Section 8, of National Labor
Relations Board Rules and Regulations-Series 1, as amended,
IT IS HEREBY CERTIFIED that Federal Labor Union No. 20186 has
been designated and selected by a majority of all hourly paid em-
ployees of The Babcock & Wilcox Company, Barberton, Ohio, at its
Barberton , Ohio, plant, including hourly paid supervisors and ex-
,eluding clerical employees and supervisors paid on a salary basis, as
their representative for the purposes of collective bargaining and
that, pursuant to the provisions of Section 9 (a) of the Act , Federal
Labor Union No. 20186 is the exclusive representative of all such
employees for the purposes of collective bargaining in respect to
rates of pay , wages, hours of employment, and other conditions of
,employment.