The Paraffine Companies, Inc.

National Labor Relations Board - Board Decisions

Jan 9, 1942

38 N.L.R.B. 118 (N.L.R.B. 1942)

In the Matter of THE PARAFFINE COMPANIES , INC. and UNITED WELDERS,
CUTTERS & HELPERS OFt AMERICA
Case No. R-;312.Decided January 9, 1942
Jurisdiction : linoleum, floor covering, roofing and building materials manufactur-
ing industry.
Investigation and Certification of Representatives : existence of question: re-
fusal of Company to recognize either of two competing unions: parties stipu-
lated that a question concerning representation exists ; name of union not
desiring to participate in an election among employees in the unit found
appropriate, not to appear on the ballot ; election necessary.
Unit Appropriate for Collective Bargaining : all welders employed by the Com-
pany at its Emeryville, California, plant, including working foremen ; pipe
welders excluded where the only pipe welder employed by the Company has
been represented in the past by a union not desiring to participate in the
election, and where both unions involved agreed as to the appropriateness of
the unit found.
Brobeck, Phleger c Harrison, by Mr. Robert Burns, of San Fran-
cisco, Calif., for the Company.
Mr. Heber James Brown, of Oakland, Calif., for the United
Welders.
Clifton Hilderbrand and Charles C. McLeod, by Mr. Charles C.
McLeod, of Oakland, Calif., for the Steamfitters.
Mr. Armin Uhler, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On August 16, 1941, United Welders, Cutters & Helpers of America,
herein called the United Welders, filed with the Regional Director
for the Twentieth Region (San Francisco, California) a petition
alleging that a question affecting commerce had arisen concerning
the representation of employees of The Paraffine Companies, Inc.,
Emeryville, California, herein called the Company, and requesting
an investigation and certification of representatives pursuant to Sec-
tion 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein
called the Act. On November 7, 1941, the National Labor Relations
38 N. L R. B, No. 27
118
THE PARAF FINE COMPANIES, INC. 119
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 2, as amended, ordered an investiga-
tion and authorized the Regional Director to conduct it and to pro-
vide for an appropriate hearing upon due notice.
On November 19, 1941, the Regional Director issued a notice of
hearing, copies of which were duly served upon the Company, the
United Welders, and upon United Association of Journeymen Plumb-
ers and Steamfitters of the United States and Canada, Local No. 342,
N. F. of L., herein called the Steamfitters, a labor organization claim-
ing to represent employees directly affected by this proceeding. Pur-
suant to notice, a hearing was held on November 26 and 27, 1941, at
San Francisco, California, before LeRoy Marceau, the Trial Examiner
duly designated by the Chief Trial Examiner. The Company, the
United Welders, and the Steamfitters were represented by counsel.
All participated in the hearing and were afforded full opportunity to
be heard, to examine and cross-examine witnesses, and to introduce
evidence bearing on the issues. 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 Examiner and finds that no prejudicial errors were com-
mitted. The rulings are hereby affirmed.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
The Paraffin Companies, Inc., is a Delaware corporation with its
principal office in the city of San Francisco, California. The Company
operates a plant at Emeryville, California, chiefly for the manufacture
of linoleum, floor coverings, paint, roofing, and building materials.
The Company, at the present time, also produces magnesium at its
Emeryville plant for the United States Navy.
During the first six months of 1941 the Company purchased raw
materials and supplies valued at approximately $2,531,000, some sixty
per cent of which were received from States other than California and
from foreign countries. During the same period the Company sold
and distributed products valued at approximately $8,223,000, about
seventy per cent of which were sold and shipped to customers in States
other than California and in foreign countries.
II. THE ORGANIZATIONS INVOLVED
United Welders, Cutters & Helpers of America is an unaffiliated
labor organization, and United Association of Journeymen Plumbers
120 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
and Steamfitters of the United States and Canada, Local No. 342, is
a labor organization affiliated with the American Federation of Labor.
Both admit to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The parties stipulated that a question concerning representation
exists in view of the Company's unwillingness to bargain exclusively
with either the United Welders or the Steamfitters as the respective
exclusive representative of its employees, on account of the conflicting
claims of these organizations. From a statement prepared by the
Regional Director, which was introduced in evidence, and from other
evidence in the record, it appears that the United Welders represents
a substantial number of the employees in the alleged appropriate unit.,
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 tends to lead
to labor disputes burdening and obstructing commerce and the free
flow of commerce.
V. THE APPROPRIATE UNIT
The United Welders originally contended that all employees at the
Company's Emeryville plant engaged in welding would constitute an
appropriate unit. The Steamfitters declared itself opposed to such a
unit, while the Company took no position in this respect. At the close
of the hearing the two unions modified their position, indicating that
a unit of all general welders, excluding any pipe welders, would satisfy
their respective claims.
The record shows that the Company maintains what it terms a
mechanical department composed of machinists, carpenters, riggers,
electricians, pipe fitters, and welders. All installations, maintenance
operations, and repairs at the plant are carried out by this department,
and the required work is performed either in the "shop" or in any one
' According to the Regional Director 's statement the United Welders submitted to him
signed receipts evidencing dues payments in full to September 1, 1941, by ten employees
listed by the Company in the classification sought to be represented by the United Welders.
The record indicates that on November 26, 1941 , the Company employed eight employees
in the alleged appropriate unit.
At the hearing the parties stipulated that the one pipe welder employed by the Company
is a member of the Steamfitters.
THE PARAFFINE COMPANIES, INC. 121
of the four production centers into which the plant is divided, depend-
ing upon the particular situation in each case.
It appears from the record that on November 26, 1941, the Company
carried on its pay roll 8' employees classified as welders. It further
appears that 7 of these welders perform all types of welding operations
which become necessary in the Company's plant, except pipe welding.
By virtue of an understanding between the parties to this proceeding,
which is currently in force, all pipe welding must be performed by a
pipe welder specially hired for that purpose.2 According to the evi-
dence, while all welders are highly skilled workers, a different and
somewhat more specialized training is required in the case of pipe
welders who, in addition to welding, must be thoroughly familiar with
pipe fitting.3
Under all the circumstances, and particularly in view of the express
agreement of the two unions concerning the appropriateness of a unit
of all welders, except pipe welders, and in view of the further fact that
the Steamfitters in the past has represented the pipe welder now
employed by the Company, together with the Company's pipe fitters,
we find that all welders at the Company's Emeryville plant, except pipe
welders ,4 constitute a unit appropriate for the purposes of collective
bargaining. We further find that said unit will insure to employees
of the Company the full benefit of their right to self-organization and
to collective bargaining and otherwise will effectuate the policies of
the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
We find that the question which has arisen concerning representa-
tion can best be resolved by an election by secret ballot . Since the
Steamfitters does not wish to participate in an election among welders
in the unit we have found appropriate , its name will not appear on the
ballot. At the hearing the United Welders expressed its preference for
November 26, 1941 , as the pay -roll date upon which eligibility to vote
2 The record discloses that prior to July 1941 both general and pipe welding at the
Company's plant was done first by one and later by two welders. Early in 1940 the Steam-
fitters objected to this arrangement and an agreement was reached with the Company
substantially to the effect that pipe welding on any single item requiring in excess of two
hours work must be let under contract with an outside welder. In Juij 1941 the Company
employed its present pipe welder through the Steamfitters organization , whereupon the
Company, the Steamfitters , and the United Welders joined in a new agreement again
limiting pipe welding at the Company 's plant by others than the pipe welder to two hours
in any single instance . This agreement further provides for the maintenance of a status
quo concerning pipe welding at the plant , pending disposition of the present representation
proceeding.
3 An expert witness for the Steamfitters testified that his organization in the past has
established 123 schools throughout the United States for the purpose of training pipe fitters
in pipe welding. He also testified that pipe fitters before being permitted to do pipe welding
must pass a test.
* The record discloses that one of the general welders sought to be represented by the
United Welders is a working foreman . I However , none of the parties having requested his
exclusion as a supervisory employee, we shall include him in the unit.
122 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
in the election should be determined. The Company took no position
in this respect. Since the! record indicates the possibility of a consid-
erable change in the number of welders occurring subsequent to Novem-
ber 26,1941, we shall adhere to our usual practice and shall accordingly
direct that the employees of the Company eligible to vote in the election
shall bet hose in the appropriate unit who were employed during the
pay-roll period immediately preceding the date of our Direction of
Election, subject to the limitations and additions set forth in the
Direction.
Upon the basis of the above findings of fact, and upon the entire
record in the case, the Board makes the folowing :
CONCLUSIONS OF LAW
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of The Paraffine Companies, Inc., Emeryville,
California, within the meaning of Section 9 (c) and Section 2 (6) and
(7) of the National Labor Relations Act.
2. All welders at the Company's plant, including the working fore-
men, but excluding pipe welders, constitute a unit appropriate for the
purposes of collective bargaining within the meaning of Section 9 (b)
of the National Labor Relations 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 Act,
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 Paraffine Companies, Inc., Emeryville, California, 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, under the direction
and supervision of the Regional Director for the Twentieth, 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 welders, including the working foremen, employed by the
Company during the pay-roll period immediately preceding the date
of this Direction of Election, including those 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 pipe welders and those who have since quit or been
discharged for cause, to determine whether or not they desire to be
represented by United Welders, Cutters & Helpers of America, for the
purposes of collective bargaining.
In the Matter of THE PARAFFINE COMPANIES , INC. and UNITED
WELDERS , CUTTERS & HELPERS OF AMERICA
Case No. R-3342
SUPPLEMENTAL DECISION
AND
ORDER
January 30, 1942
On January 9, 1942, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Election in the
above-entitled proceeding.' On January 27, 1942, United Welders,
Cutters & Helpers of America, herein called the United Welders,
filed with the Board a motion, alleging that the Decision did not
correctly state the position of the United Welders as to the ap-
propriate unit, and requesting that the Board vacate the aforesaid
Decision and Direction of Election and reconsider the case.
The Board has considered the motion and the record, and finds
that the United Welders did not, in the course of the hearing,
modify its position as to the appropriate unit. We are of the opinion,
nevertheless, that under all the circumstances and in view of the fact
that the only pipe welder employed by the Company has been and
now is represented, together with pipe fitters, by the Steamfitters, the
pipe welder should not be included with general welders. Accord-
ingly, the motion to vacate the Decision and Direction of Election of
January 9, 1942, is denied.
IT IS HEREBY ORDERED that the motion, filed by United Welders,
Cutters & Helpers of America, to vacate the Decision and Direction
of Election of January 9, 1942, be, and it hereby is, denied.
38 N . L R. B 118.
38 N L. R. B., No. 27a.
123