The Baldwin Locomotive Works

National Labor Relations Board - Board Decisions

Mar 23, 1948

76 N.L.R.B. 922 (N.L.R.B. 1948)

In the Matter of THE BALDWIN LocomoTIvE WORKS, EMPLOYER and
LOCAL UNION B-654, INTERNATIONAL BROTHERHOOD OF ELECTRICAL
WORKERS (AFL), PETITIONER
Case No. 4-R-715.-Decided March 23, 1948
Morgan, Lewis & Bockius , by Mr . Norman R. Dutton, of Philadel-
phia, Pa., and Mr. Robert M. Ney, of Paschall, Pa., for the Employer.
Messrs. Henry A. McFarland and Phillip Ferrara , both of Phila-
delphia, Pa ., and Mr. James Haslett, of Chester, Pa., for the Petitioner.
Mr. M. H. Goldstein , of Philadelphia , Pa., and Mr. Thomas A.
Conners, of Chester, Pa., for the Intervenor.
DECISION
AND
ORDER
Upon a petition duly filed, hearing in this case was held at Philadel-
phia, Pennsylvania, on November 26, 1947, before Helen F. Humphrey,
hearing officer. United Steelworkers of America, hereinafter referred
to as the Intervenor, sought to intervene on its own behalf and on
behalf of its Local Unions Nos. 1278, 2180, and 2443. On the ground
that the Intervenor had not complied with Section 9 (f), (g), and (h)
of the Act, the hearing officer restricted its intervention to the pre-
sentation of evidence regarding its contention that its contract with
the Employer was a bar to an election. We have since held that a
non-complying union which has a contract may intervene without such
limitation, and may present evidence on all relevant issues.' We note,
however, that all the contentions covered in the Intervenor's rejected
offers of proof were fully covered in testimony elicited by the Em-
ployer, and that the Intervenor's brief explores at length all the issues
in the case. Under these circumstances we find that the hearing offi-
cer's ruling limiting the Intervenor's participation in the hearing was
not prejudicial.2
1 Matter of American Chain and Cable Co., Case No . 4-R-2752, issued February 17, 1948.
2 Intervention on behalf of seven individual employees , none of whom claimed to repre-
sent any employees for the purpose of collective bargaining , was sought and denied. The
hearing officer 's ruling in this regard is hereby affirmed. In any event the interests of these
employees were adequately represented by the Employer and the Intervenor . Matter of
Shell Oal'Co , Inc, 66 N. L . R. B. 510; Matter of Evening News Assn , 42 N. L. R. B 763.
76 N. L. It B., No. 124.
922
THE BALDWIN LOCOMOTIVE WORKS 923
At the hearing the hearing officer refused to permit the Intervenor
to inquire into the question of whether the Petitioner was in compli-
ance with Section 9 (f) and (g) of the Act. The determination of
compliance with these requirements is an administrative one to be
made by the Board itself, and is not litigable by the parties.3 This
ruling of the hearing officer is therefore affirmed.
The remainder of the hearing officer's rulings made at the hearing
are likewise free from prejudicial error and are hereby affirmed.4
Upon the entire record in the case, the National Labor Relations
Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE EMPLOYER
The Baldwin Locomotive Works is a Pennsylvania corporation with
its main office and principal plant at Eddystone, Pennsylvania, where
it is engaged in the production of steam and diesel locomotives,
tenders, diesel engines for stationary and marine service, shipyard
tools, bronze, brass and iron castings, and manganese bronze propellors.
During the year 1946 the Employer used raw materials valued in
excess of $40,000,000, approximately 25 percent of which was shipped
to its Eddystone plant from points outside of Pennsylvania. During
the same period the Employer manufactured finished products valued
in excess of $90,000,000, of which approximately 90 percent was
shipped from its Eddystone plant to points outside of Pennsylvania.
The Employer admits and we find that it is engaged in commerce
within the meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
The Petitioner is a labor organization affiliated with the American
Federation of Labor, claiming to represent employees of the Employer.
The Intervenor is a labor organization affiliated with the Congress
of Industrial Organizations, claiming to represent employees of the
Employer.
III. THE ALLEGED APPROPRIATE UNIT
The Petitioner seeks a unit composed of all electrical employees in
the Employer's Eddystone Division at Eddystone, Pennsylvania,
'Matter of Lion Oil Company, 76 N L R B 656 Cf. Matter of O. D. Jennings & Co,
68 N L R B 516; Matter of Mascot Stove Co, 76 N. L R B 427.
4 The intervenor moved to dismiss the petition on the ground that certain provisions in
the constitution of the Petitioner ' s international would prevent it from operating as a
collective bargaining representative without violating the Act. We find no merit in this
contention We will not inquire into a union's constitution in the absence of proof that
such union will not accord effective representation . Matter of Hollywood Brands, Inc.,
70 N L R B 706; Matte,, of A. S . Campbell Co , Inc. 69 N. L It. B 1285 , Matter of
Wilson & Co , Inc„ 62 N. L. It. B 895.
924 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
excluding electrical instrument mechanics, assistant foremen, and all
higher supervisory employees. Both the Employer and the Intervenor
contend that the unit sought is inappropriate because of the fact that
bargaining has been conducted on a division-wide basis for a number
of years.' The Employer and the Intervenor further assert that the
electricians sought by the Petitioner do not constitute a true craft such
as may properly be severed from existing plant-wide units of
production and maintenance employees.
The Employer's Eddystone Division is a composite of five basic
operations: (1) The Southwark Shop, which manufactures machinery
such as presses, turbines, and testing equipment, (2) The Diesel Shop,
which produces stationary diesel engines and diesel locomotives and
parts, (3) The Steam Locomotive Shop, which produces assembled
steam locomotives and parts, (4) The Iron and Brass Foundries, which
make iron and brass foundry products, and (5) General Plant Service,
which provides construction and maintenance services for the four
operating divisions. The first four of these units are housed in separate
buildings, while the employees of General Plant Service are scattered
throughout the other four units.
Of the approximately 8,500 employees of the Eddystone Division,
the unit sought by the Petitioner would include about 200 employed
in electrical jobs in the following capacities:
(1) About 140 Production Electricians-who install electrical
parts, wiring, and equipment in products manufactured in the
Southwark, Diesel, and Locomotive Shops. They work alongside
other types of production employees, and are under the supervi-
sion of foremen who are in charge of production units which
include all the various types of production jobs, including elec-
trical work. Wages and working conditions are the same as for
other employees, and there is no segregation of working area,
dressing, and washing facilities. It does not appear that produc-
tion electricians are required to serve an apprenticeship, or to
work up through the A, B, and C categories in which they are
classified. Electricians as well as other employees cross occupa-
tional lines for purposes of promotion or to avoid lay-off.
(2) About 35 Maintenance Electricians-who perform general
electrical maintenance work. Ordinarily they are assigned to
5 On the basis of consent elections, bargaining has been conducted on a plant-wide basis
by the Intervenor in individual plants of the Eddystone Division since 1937 The Inter-
venor has been bargaining with the Employer for all production and maintenance em-
ployees of the Eddystone Division since 1944 The record indicates that the interests of
electricians have been represented in collective bargaining, and in the processing of
grievances.
THE BALDWIN LOCOMOTIVE WORKS 925
particular shops, although this is not invariably true. Unlike the
production electricians, however, they are under the supervision
of an electrical superintendent.
(3) About 10 Construction Electricians-who perform elec-
trical work necessary in the installation of plant facilities in the
various shops. They are not assigned to any particular shop,
but there is evidence that in some cases an installation job in a
particular shop has taken as long as a year. Like the mainte-
nance electricians, they are supervised by an electrical supervisor.
(4) About 10 Substation Operators-who operate electrical
machinery for reducing the voltage of purchased current used in
the production units."
- (5) Two Telephone Maintenance Mechanics-who repair office
and plant telephone equipment.
(6) About five Electronics Technicians and Instrument As-
semblers-who perform operations in the production of electrical
devices.
It thus appears that the unit sought, while confined to employees
engaged in electrical work, actually covers a heterogeneous variety of
electrical tasks, and that over 50 percent of those in the unit would
be production electricians working alongside of and in conjunction
with employees engaged in other occupations, under the general
direction of supervisors exercising control over all operations re-
quired in the integrated production operation. We have frequently
permitted the severance of a unit of electricians from an existing plant-
wide unit where the unit sought was homogeneous, and where there
was little or no commingling with other crafts engaged in an inte-
grated production process." These factors are applicable to certain
of the groups sought to be included in the present petition, but not to
the major portion of the proposed ]unit. The production electricians
appear to have no greater community of interest with the construction
electricians, for example, than they have with any non-electrical
craft in the plant. Under these circumstances we do not believe that
the purposes of the Act would be effectuated by severing the unit
sought from the existing division-wide unit."
4 The nature of the supervision of this class , as well as of the remaining categories, is not
indicated in the record
It should be noted that these employees aie not presently in the Intervenor's production
and niainteiianee unit, but ai e included in a unit of office employees
` -A,, foi cxamp'e, in the case of units composed of maintenance electi icians Matter of
If I Dupont de Nainours, 73 N L R If 1167 , Matter of National Silver Co , 71 N L R B.
594, Matter of Ametican Cyanamid cC CAeniical Coip, 62 N. L. R B. 925, Matter of Wal-
doif Papei I'vorhict .s Company, 76 N L R B 127
U Mattes of Atlantic Rcfininq Co , 61 N L. R. B. 485 , Matter of Consolidated Vultee
Aircraft Corp , 70 N L It B l.,57, Matter of Domestic Engine ct Pump Co , 70 N. L, R B.
1263.
926 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Accordingly, we find that no question affecting commerce exists con-
cerning the representation of employees of the Employer in a unit
appropriate for the purposes of collective bargaining.lo
ORDER
Upon the basis of the foregoing findings of fact and the entire rec-
ord in this proceeding, it is hereby ordered that the petition for in-
vestigation and certification of representatives of employees of The
Baldwin Locomotive Works, Eddystone, Pennsylvania, filed by Local
Union B-654, International Brotherhood of Electrical Workers
(AFL), be, and it hereby is, dismissed.
CHAIRMAN HERZOG took no part in the consideration of the above
Decision and Order.
10 The Petitioner contends that section 9 (b) (2) of the Act, as amended compels the Board
to grant the petition in this case. Inasmuch as we are not basing our conclusion on any
prior determination, we need not pass upon the merit of this contention.