The Billings & Spencer Co.

National Labor Relations Board - Board Decisions

May 17, 1945

61 N.L.R.B. 1213 (N.L.R.B. 1945)

In the Matter of THE BILLINGS & SPENCER COMPANY and HARTFORD DIE
SINKERS LODGE No. 340 OF THE INTERNATIONAL DIE SINKERS CON-
FERENCE
Case No. 1-R-2140.-Decided May 17,1945
Mr. Barclay Robinson, of Hartford, Conn., for the Company.
Messrs. J. G. Meiner and Walter T. Lynch, of Cleveland, Ohio, for
the Die Sinkers.
Mr. William S. Ze'roan, of Hartford, Conn., for the C. I. O.
Mrs. Augusta Spaulding, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
I
Upon a petition duly filed by Hartford Die Sinkers Lodge No. 340
of the International Die Sinkers Conference, herein called the Die
Sinkers, alleging that a question affecting commerce had arisen con-
cerning the representation of employees of The Billings & Spencer
Company,1 Hartford, Connecticut, herein called the Company, the Na-
tional Labor Relations Board provided for an appropriate hearing
upon due notice before Leo J. Halloran, Trial Examiner. Said hear-
ing was held at Hartford, Connecticut, on March 14, 1945. The Com-
pany, the Die Sinkers, and Amalgamated Local 281 of the United
Electrical, Radio and Machine Workers of America, a labor organiza-
tion affiliated with the Congress of Industrial Organizations, herein
called the C. I. 0., appeared, participated, and were afforded full op-
portunity to be heard, to examine and cross-examine witnesses, and
to introduce evidence bearing on the issues. During the course of the
hearing the C. I. O. moved to dismiss the petition, on the ground that
the proposed unit was not appropriate for bargaining. The Trial Ex-
aminer did not rule on the motion. For reasons which appear below,
the motion is granted. The Trial Examiner's rulings made at the
' During the course of the hearing, the petition and other formal papers were amended
to show the correct name of the Company.
61 N. L. R. B., No. 198.
1213
639678-45-vol 61-78
1214 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
hearing are free from prejudicial error and are hereby affirmed. The
request of the C. I.O. for oral argument is hereby denied. 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
I. THE BUSINESS OF THE COMPANY
The Billings & Spencer Company is engaged in manufacturing tools
and forgings at Hartford, Connecticut. During 1944, the Company
purchased raw materials, consisting principally of steel, aluminum, and
iron castings, valued at approximately $1,250,000, of which 34 percent
represented material brought to the plant from points outside Con-
necticut. During the same period, products finished at the plant were
valued at approximately $5,000,000, of which 40 percent represented
products sold and shipped to points outside Connecticut.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
H. THE ORGANIZATIONS INVOLVED
4
The Hartford Die Sinkers Lodge No. 340 of the International Die
Sinkers Conference is a labor organization, admitting to membership
employees of the Company.
Amalgamated Local 281 of the United Electrical, Radio and Ma-
chine Workers of America is a labor organization affiliated with the
Congress of Industrial Organizations, admitting to membership em-
ployees of the Company.
III. THE ALLEGED APPROPRIATE UNIT
4
The Die Sinkers contends that men working on dies and parts of
dies used in the manufacture and completion of forgings in the die
department constitute an appropriate craft unit. The C. I. O. con-
tends that, in view of the bargaining history of the Company's em-
ployees on a plant-wide basis, the proposed craft unit is inappropriate.
On November 10, 1941, pursuant to a petition for investigation and
certification in Case No. 1-R-840, a stipulation for a consent election
subsequently filed by the Company and the C. I. 0., and a consent
election held, the Regional Director designated the C. I. O. as the
exclusive bargaining representative of all employees in a production
and maintenance unit. Employees in the die department participated
with other production employees in the election. On December 20,
1941, the Company and the C. I. O. entered into a collective bargain-
ing agreement, which, with some changes, has been renewed to the
THE BILLINGS & SPENCER COMPANY 1215
present time. The C. I. O. has been active in bargaining for all em-
ployees in the bargaining unit and has secured for them higher wages,
more advantageous vacation allowances, and better working condi-
tions. Each department, including the die department, has been rep-
resented by a steward, and grievances have been processed through
contract grievance procedure, in most instances, to the advantage of
the workers. Representatives of the die department actively partici-
pated in bargaining and grievance matters, including negotiations for,
and the execution of, new contracts.
In June 1944, the Die Sinkers conducted an organizational drive
among employees in the die department with the result that, with few
exceptions, these employees became members of the petitioner. On
October 19, 1944, following a refusal by the Company to recognize the
Die Sinkers as the bargaining representative for employees in the die
department, the Die Sinkers filed the instant petition.'
The employees in the unit proposed by the Die Sinkers are a highly
skilled craft group, constituting a single department of the Company's
plant, under the supervision of a foreman and assistant foreman. The
various die operations are generally segregated from other plant
operations. The die workers enjoy 'a somewhat higher wage rate than
other workers. At no time, however, prior to the recent organizational
drive instituted by the petitioner, did the die workers assert any claim
for recognition as a distinct homogeneous group for bargaining pur-
poses. They participated in the election of November 5, 1941, as a
result of which the C. I. O. was selected as bargaining agent for em-
ployees in a plant unit, including the die workers. Grievances were
processed through a steward of their choosing under grievance pro-
cedure set forth in the contracts between the Company and the C. I. O.
They were, with few exceptions, members of the C. I. O. and active
participants in its contract negotiations, receiving with other em-
ployees benefits resulting therefrom. Under the circumstances, we
find the unit proposed by the Die Sinkers inappropriate and shall dis-
miss the petition filed herein.3
IV. THE ALLEGED QUESTION CONCERNING REPRESENTATION
Since for reasons stated in Section IV, above, the bargaining unit
sought to be established by the petition is not appropriate, we find that
'The contract between the Company and the C. I. 0 of December 20, 1943, provides
that it continue in effect for 1 year "and from year to year thereafter unless, between
November 15, and December 1 of any year , either party notifies the other party in writing
of its desire to amend or terminate " the contract The Die Sinkers filed its petition on
October 19, 1944, and both the Company and the C I. 0 were apprised of its claim to
represent the employees in the die department on or before that date . We find , contrary
to the contention of the C. I. 0., that the contract is no bar to the consideration of the
merits of the petition Matter of B. F. Goodrich Company, et al., 59 N L. R B 1477
2 Matter of York Corporation, 61 N L R. B. 462.
1216 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
no question has arisen concerning the representation of employees of
the Company , within the meaning of Section 9 (c) of the Act.
ORDER
Upon the basis of the above findings of fact, and the entire record in
the case, the Board hereby orders that the petition for investigation
and certification of representatives of employees of The Billings &
Spencer Company, Hartford , Connecticut , filed by Hartford Die
Sinkers Lodge No. 340 of the International Die Sinkers Conference be,
and it hereby is, dismissed.