The Edward Valve & Manufacturing Co., Inc.

National Labor Relations Board - Board Decisions

Jan 20, 1942

38 N.L.R.B. 428 (N.L.R.B. 1942)

In the Matter of THE EDWARD VALVE & MANUFACTURING COMPANY,
INC. and LOCAL UNION No. 2498, STEEL WORKERS ORGANIZING
COMMITTEE , C. I. O.
Case No. R-3268.-Decided, January 20, 1912
Jurisdiction : steel valve manufacturing industry.
Investigation and Certification of Representatives : existence of question : con-
flicting claims of rival representatives ; refusal to accord recognition until'
- certified by the Board ; employees laid off for not more than sixty days
prior to the date of the Direction of Elections included among those eligible
to vote ; since election is to be conducted; intervening union's showing of
representation held sufficient to entitle it to a place on ballot despite peti-
tioner's objection thereto: election necessary.
Unit Appropriate for Collective Bargaining : all production and maintenance
employees of the Company, excluding supervisory employees, foremen, as-
sistant 'foremen, the office force, designing engineers, and laboratory em-
ployees ; agreement as to ; watchmen and timekeepers included where they
have interests in common with, and are eligible to membership in the same
union as, employees in the agreed unit ; inspectors excluded where among'
other considerations they have not been organized by either labor
organization.
Mr. Lester Asher and Mr. David Karasick, for the Board.
Mr. Jay E. Darlington, of Hammond, Ind., for the Company.
Mr. John J. Brownlee, of Chicago, Ill., and Mr. Sanvael C. Evett,
of East Chicago, Ind., for the S. W. O. C.
Mr. R. Tempelman, of Chicago, Ill., for the C. L. A.
Miss Grace McEldowney, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On September 27, 1941, Local Union No. 2498, Steel Workers
Organizing Committee, C. I. 0., herein called the S. W. O. C., filed
with the Regional Director for the Thirteenth Region (Chicago,
Illinois) a petition alleging that a question affecting commerce had
arisen concerning the representation of employees of The Edward'
Valve & Manufacturing Company, Inc., East Chicago, Indiana,
38 N. L. It. B., No. 87.
428
THE EDWARD VALVE & MANUFACTURING' COMPANY, INC. 429
herein called the Company, and requesting an investigation and cer-
tification of representatives, pursuant to Section 9 (c) of the National
Labor Relations Act, 49 Stat. 449, herein called the Act. On October
23, 1941, 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 Regula-
tions-Series 2, as amended, ordered an investigation and authorized
'the Regional Director to conduct it and to provide for an appropriate
hearing upon due notice.
On October 25, 1941, the Regional Director issued a notice of
hearing, copies of which were duly served upon the Company, the
Union, and the Christian Labor Association, herein called the C. L.
A.1 Pursuant to notice a hearing was held on November 7, 1941, at
East Chicago, Indiana, before Will Maslow, the Trial Examiner
duly designated by the Chief Trial Examiner. The Board, the
S. W. O. C., the C. L. A.,2 and the Company were represented by
counsel or official representatives and participated in the hearing.
Full opportunity to be heard, to examine and cross-examine wit-
nesses, and to introduce evidence bearing on the issues was afforded
all parties. During the course of the hearing the Trial Examiner
made various rulings on motions and on objections to the admission
of evidence. The Board has reviewed the rulings of the Trial Ex-
aminer and finds that no prejudicial errors were committed. The
rulings are hereby affirmed.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF TIIE COMPANY
The Edward Valve &'Manufacturing Company, Inc., is an Indiana
corporation having its principal place of business at East Chicago,
Indiana, where it is engaged in. the manufacture and distribution of
steel valves for power, petroleum, chemical process, marine, and gen-
eral industrial fields. The Company purchases annually raw mate-
rials, principally steel, valued at approximately $700,000, and sells
finished' products amounting to between $1,500,000 and $2,000,000 in
value. Approximately 80 percent of the raw materials are shipped
to its plant at East Chicago, Indiana, from points outside the State
of Indiana, and 95 percent of the finished products are shipped to
points outside the State.
i The Christian Labor Association land its affiliated local, United Metal workers, Local
#1220, are both referred to hereinafter as the C L A
2 The C. L. A. had filed with the Board , prior to the hearing, a motion to intervene The
Trial Examiner ruled that the motion was unnecessary since the C L A, had been served
with notice of hearing, thereby becoming a party to the proceeding.
430 DECISION 'S OF N^AT'101\''AL LABOR RELATIONS BOARD
The Company admits that It 'is engaged in commerce within the
meaning of the Act.
II. THE ORGANIZATIONS INVOLVED
Local Union No. 2498, Steel Workers Organizing Committee, is a
labor organization affiliated with the Congress of Industrial Or-
ganizations, which admits to membership employees of the Company.
United Metal Workers, Local #1220, is a labor organization affi-
liated with the Christian Labor Association, which admits to mem-
bership, employees of the Company.
III. THE .QUESTION CONCERNING REPRESENTATION
Oil September 12, 1941, following organizational activities of both
the S. W. O. C. and-the C. L. A., the S. W. O. C. wrote to the Com-
pany claiming to represent a majority of its employees and requesting
a' meeting for negotiating a bargaining contract. The Company
refused to grant recognition without certification by the Board.
A statement prepared by the Regional Director and introduced
into evidence discloses'that the S. W. O. C. has a substantial mem-
bership among the employees in the unit hereinafter found to be
appropriate.'
We find that a question has arisen concerning the representation
of employees of the Company. -
IV. 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
relation to trade, traffic, and commerce among the several States and
'The Regional Director reported that the S W. 0 C had submitted 93 authorization
cards, of which 20 were undated and 73 were dated in June , August , September , or October,
1941 All bore apparently genuine original signatures ,. 80 of which were the names of pei-
sons on the Company ' s pay roll of October 16, 1941 Of these 80 persons , 73 were within
the unit claimed by the S . W. 0 C, consisting of 190 persons on the aforesaid pay roll, and
72 were within the unit claimed by the Company , consisting of 207 employees
A second statement of the Regional Director , also introduced in evidence , showed that the
C L A had submitted 11 designations, of which 2 were undated and 9 were dated in August
1941 All bore apparently genuine signatures , 10 of which were the names of persons on
the October 16 pay roll At the hearing the parties stipulated that these 10 persons were
within the proposed unit.
During the hearing the Trial Examiner stated that the C. L A had presented to him
3 authorizations bearing 23 apparently genuine signatures , including 10 of the 11 names'
previously submitted to the Regional Director Opposite 11 of the names there were dates
in October and November 1941, the others were undated All 23 names were on the Com-
pany 's pay roll of November 6, 1941 , but one was listed under the' heading "clerical," a
category not included in the unit claimed by the C L A ,
J
THE EDWARD VALVE & MANUFACTURING COMPANY,, INC. 431"
tends to lead to labor. disputes burdening and obstructing commerce
and thefree flow of commerce.
V. THE APPROPRIATE UNIT
The parties, agree that all 'production and ' maintenance employees
of the Company, excluding supervisory employees, foremen, assistant
foremen, the office force, designing engineers, and laboratory em-
ployees, constitute a unit appropriate for the purposes of collective
bargaining. The only controversy relates to the inclusion in the unit
of watchmen, timekeepers, and inspectors.
Watchmen 4 are employed by the Company to guard its property
against fire,' theft, internal damage, and trespassers. They are paid
by the hour and work on two of the three shifts, observihg the same
hours as other employees on these shifts; none are'on duty from
8 a: m. to 4*p. m. In addition to the employees listed as'watchrnen,
others 'classified as janitors or - plant maintenance employees,5 and
who as such are included in the agreed unit; perform similar duties.
Ordinarily, two employees are,on duty as watchmen at the same time,
one punching the time clock while the other fires boilers. Although
their principal job is to guard the Company's property, they have at
times been called on to 'do other types of work 'in their spare time.
Watchmen are eligible for membership iii the S. W. O. C.; and
both the S. W. O. C. and the C. L. A. ask to have them included in
the bargaining unit. The Company contends that they 'should be
'excluded. Since they appear to work under substantially the same
conditions, to share some of the same duties, and to be eligible for
membership in the same union •as employees in the agreed unit, we
shall include watchmen in the bargaining unit.
Timekeepers 6 are' employed for job timing. They make out job
time tickets for the production employees from forms prepared in
the office, and punch one of the tickets whenever a job is begun and
again when it is completed. After the employees' earnings are 'com-
puted in the office from these records, one copy of each ticket, with
an entry showing the amount earned, is returned to the timekeeper
to be given to the employee who performed the job.
Timekeepers have no authority to hire or discharge and do 'not
give orders to production employees. They are paid by the hour, and
work the same hours as other employees. Although their duties are
clerical in nature, and they are included in the same pay-roll classifi=
cation and,work under the same'general supervision as other clerical
4 On the Company ' s pay roll of Novembei, 6, 1941 , there were 3 persons listed ' as
watchmen
s Watchmen , janitors , and plant maintenance employees are all listed on the pay roll,under
the general heading of "maintenance ," and have the same foreman" "
a
As of November 6 the Company employed 5 timekeepers.
432 DYCISIONIS, OF NATIONAL LABOR RELATIONS, BOARD
employees, their desks are in the various departments, and they leave
the floor only to get time tickets and other necessary materials.
Timekeepers are eligible to membership in the S. W. O. C. and
have been active in its organization. The S. W. O. C. asks to have
them included in the unit, while the C. L. A. and the Company ask
for their exclusion. The reason for the position of the C. L. A.' does
not appear, but the Company's contention is that timekeepers are
confidential employees. We feel, however, on the basis of the facts
set forth above and the entire` record in the case, that the timekeepers
have interests in common with the production and maintenance em=
ployees which make their inclusion in the unit appropriate, and that
their duties are not of such a confidential nature as to justify 'their
exclusion on that ground. We shall accordingly include timekeepers
in the bargaining unit.
Inspectors 7 have the duty of inspecting incoming materials, parts
in the process of manufacture, and the finished products of the plant.
In general their work is performed 'at benches on the floor of the
plant, and they observe the same hours, handle the same materials,
and work from the same blue prints as the production employees.
On the other hand they do not operate production machines, and the
only manual labor they perform is connected with the operation of
gauges, scales, and measuring machines. While they do not give
instructions to the operators, have no authority to hire, discharge,
or discipline them, do not recommend wage increases or promotions,
and are not responsible for reporting bad work, they inspect and
must approve the first piece of each run before the operator can
proceed, and at the end of the run they enter on- the job ticket the
number of pieces completed. In some cases inspectors have been
promoted from inside the plant; in others they have been hired from
the outside. There are no special scholastic requirements for the
positions, nor is prior training always necessary.
The S. W. O. - C. does not admit inspectors to membership, and
would exclude them from the bargaining unit. The C. L. A. and
the Company contend for their inclusion. On the basis of the record
before us, and especially in the absence of any showing that the in-
spectors have been organized by either labor organization in the unit
with production and maintenance employees„ we shall exclude them.
We find that all production and maintenance employees of the
Company, including watchmen and timekeepers, but excluding super-
visory employees, foremen, assistant foremen, inspectors, the clerical
and office force, designing engineers, and laboratory employees, con-
stitute a unit appropriate for the purposes of collective bargaining,
4 There were 17 inspectors listed on the November 6 pay roll, under a separate classifica-
tion of "inspection."
i
THE EDWARD VALVE & MANUFACTURING COMPANY, INC. 433
and that such unit will insure to employees of the Company the
full benefit of their right to self-organization and to collective bar-
gaining and otherwise will effectuate the policies of the Act.
VI. THI DETERMINATION OF' REPRESENTATIVES
We find that the question concerning representation which has arisen
can best be resolved by an election by secret ballot. At the hearing
the S. W. O. C. moved to exclude the C. L. A. from the ballot on
the ground that it had made an insufficient showing of interest in
the proceeding. However, since an election is to be conducted, we
feel that the showing of interest made by the C. L. A. is sufficient
to entitled it to a place on the ballot."
In accordance with our usual practice and with the desires of the
parties as expressed at the hearing, we shall direct that the pay roll
for the period immediately preceding the date of the Direction herein
be used to determine eligibility to vote. Employees who have been
laid off for not more than 60 days prior to the date of the Direction
will be included among those eligible to vote, as requested by the
S. W. O. C., since the Company's general policy in regard to reemploy-
ment indicates that such lay-offs are regarded as temporary.9
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following :
CONCLUSIONS OF LAW
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of The Edward Valve & Manufacturing Com-
pany, Inc., East Chicago, Indiana, within the meaning of Section 9
(c) and Section 2 (6) and (7) of the Act.
2. All production and maintenance employees of the Company,
including watchmen and timekeepers, but excluding supervisory em-
ployees, foremen, assistant foremen, inspectors, the clerical and office
force, designing engineers, and laboratory employees, constitute a
unit appropriate for the purposes of collective bargaining within the
meaning of Section 9 (b) of the Act.
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
8 See Matter of Harvill Aircraft Die Casting Corporation and International Union of
United Automobile Workers of America, Local 683, CIO, 28 N. L. R. B. 417.
Although the president of the Company testified that there was no set policy regarding
reemployment or the method of reckoning seniority after a lay -off, he also stated that in the
case of a man reemployed after a two-month lay-off due to a shortage of material, for
example, his seniority would date from his original hiring.
438861-42-vol. 38-29
434 DECPSiIONIS OF NATIONAL LABOR RELATIONS BOARD
Act, 49 Stat. 449, and pursuant to Article III, Section 8, of National
Labor Relations Board Rules and Regulations-Series 2, as amended,
it is hereby
DIRECTED that, as part of the investigation ordered by the Board
to ascertain representatives for the purposes of collective bargaining
with The Edward Valve & Manufacturing Company, Inc., East Chi-
cago, Indiana, 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 of Election, under the direction and supervision of the
Regional Director for the Thirteenth Region, acting in this matter
as agent for the National Labor Relations Board, and subject to
Article III, Section 9, of said Rules' and Regulations, among all pro-
duction and maintenance employees of the Company who were
employed during the pay-roll period immediately preceding the date
of this Direction of Election, including watchmen and timekeepers
and employees who did not work during such pay-roll period because
they were ill or on vacation or in the active military service or training
of the United States, or temporarily laid off, but excluding super-
visory employees, foremen, assistant foremen, inspectors, the, clerical
and office force, designing engineers, and laboratory employees, and
employees who have since quit or been discharged for cause, to de-
termine whether they desire to be represented by Local Union No.
2498, Steel Workers Organizing Committee, C. I. 0., or by United
Metal Workers, Local #1220, C. L. A., for the purposes of collective
bargaining, or by neither.