The Pitcairn Co.

National Labor Relations Board - Board Decisions

Sep 4, 1943

52 N.L.R.B. 404 (N.L.R.B. 1943)

In the Matter of THE PITCAIRN COMPANY (PITTSBURGH VALVE
& FITTINGS DIVISION ) and INTERNATIONAL ASSOCIATION OF MACHINISTS
LOCAL #607
In the Matter of THE .PITCAIRN COMPANY (PITTSBURGH VALVE
& FITTINGS DIVISION ) and DISTRICT 50, UNITED MINE WORKERS OF
AMERICA
Cases Nos. R-4800 and R-5801 respectively.Decided' September 4,
1943
Messrs. Lester D. Seymour and I. R. Traugott, of Barberton, Ohio,
for the Company.
Messrs. D. Lyle Mahan, V. Laufer, and Walter Scott, of Akron, Ohio,
for the I. A. M.
Mr. Stanley Denlinger, of Akron, Ohio, and Mr. Joseph Temko, of
Columbus, Ohio, for the Mine Workers.
Mr. Albert F. Balock, of Akron, Ohio, for the Steelworkers.
Mr. Ted Dethloff, of Akron, Ohio, for the A. F. of L.
Miss Frances Lopinsky, of counsel to the Board.
DECISION
DIRECTION OF ELECTION
AND
ORDER
STATEMENT OF THE CASE
Upon amended petitions duly filed by International Association of
Machinists, Local #607, herein called the I. A. M., and by District 50,
United Mine Workers of America, herein called the Mine Workers,
alleging that questions affecting commerce had arisen concerning the
representation of employees of The Pitcairn Company (Pittsburgh
Valve & Fittings Division),, Barberton, Ohio, herein called the Com-
pany, the Nationkl Labor Relations Board provided for an appropriate
consolidated hearing upon due notice before Claude H. Eads, Trial Ex-
aminer . Said hearing was held at Akron, Ohio, on August 5, 1943. At
the hearing, United Steelworkers of America, herein called the Steel-
workers, on behalf of its Local #2276, herein called the Local, and
1 At the hearing all pleadings were amended to correspond with this, the correct cor-
porate name.
52 N. L R. B., No. 60.
404
THE PITCAIRN COMPANY 405
American Federation of Labor, Federal Labor Union #20183, , here-
in called the A. F. of L., filed motions to intervene in the proceeding.
The Mine Workers moved to deny the Local and the A. F. of L. the,
right to intervene on the ground that the motions were neither timely 2 •
nor filed in accordance with the Board's Rules. Although these mo--
tions were made in writing and each alleged proper grounds of inter-
est in the proceeding, both completely disregard all other formalities
required by the Board for a motion to intervene 3 The Trial E _aminer
allowed both intervenors to participate in the hearing but referred the
Mine Workers' motion to the Board. Since the requirements of tLe
Rules neglected by the intervenors were promulgated mainly for the
purpose of extending common courtesy to opposing counsel and for
the purpose of clarifying the Board's files and simplifying the work of
the Board's staff, it cannot be said that the parties were actually prej-
udiced by the intervenors' failure to follow them. We therefore, af-
firm the Trial Examiner's ruling in permitting intervention.4 We do,
however, hereby record our censure of the practice of disregarding the
Board's reasonable rules.
The Mine Workers further moved to deny the Local leave to in-
tervene on the ground that the Local is no longer existent. The Local
was selected as the exclusive bargaining representative of the Com-
pany's employees by elections held in 1941 and 1942 and it is party to
a contract with the Company, which was negotiated on its behalf by
the Steelworkers. The record discloses, however, that the members of
the Local have returned their charter to the Steelworkers and have
ceased to pay dues, and that the officers of the Local have ceased to func-
tion.. A representative of the Steelworkers has acted on behalf of the
Local in dealing with the Company concerning the contract and he
has called at least one meeting of the membership but failed to attract
a quorum. Furthermore, we take notice that a Steelworker's repre-
sentative appeared for the Local at the hearing in this matter. We are
of the opinion that the continued existence of the Local is questionable.
However, as the Steelworkers does have an interest in the contract with
the Company which it has taken steps to protect, and as certain em-
ployees of the Company apparently consider themselves members of,
the Local, we believe the Steelworkers has sufficient interest in this
proceeding to warrant its intervention.
2 The Board encourages the filing of motions of intervention with the Regional Director
so that proper investigation may be made prior to the hearing, but the Board 's Rules do
not require filing of the motions prior to hearing. - I
8Article III, Section 5, and-Article II, Section 19, of the National Labor Relations
Board Rules and Regulations-Series 2, as amended require that the motion be filed in
quintuplet , that the original be sworn to and that copies be furnished all other parties.
* Subject to the modification hereinafter made.
The contract recites that it is entered into by the Company and the Steelworkers, on
behalf of the Local and it is signed by representatives of both the Steelworkers and the
Local. The termination date of the contract was June 30 , but by its terms it was auto-
matically extended pending execution of a new contract.
406 DECISIONS OF NATIONAL, LABOR RELATIONS BOARD
- • The Company, the T.. A., M., the Mine Workers, the Steelworkers,
and the A. F. of L. appeared, participated, and were afforded full
opportunity to be heard, to examine and cross-examine witnesses, to
introduce evidence bearing on the issues, and to file briefs with the
Board. The Trial Examiner's rulings made at the hearing are free
from prejudicial error and 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 Pitcairn Company (Pittsburgh Valve & Fittings Division) is
a subsidiary of The Pitcairn Company, a Delaware corporation. Its
one and only operating unit, the plant involved in this proceeding,
is located at Barberton, Ohio. It manufactures valves and fittings.
Its chief raw materials consist of pig iron, scrap iron, brass, zinc,
and cork. During 1943 the Company used a volume of raw materials
which exceeded $1,000,000 in value, more than 20 percent of which
was received from sources outside the State of Ohio. During the
same period, the volume of finished products exceeded the value, of
$2,000,000, approximately 75 percent of which was shipped to points
outside the State of Ohio.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
International Association of Machinists, Local #607 is a labor
organization admitting to membership employees of the Company.
District 50, United Mine Workers of America is a labor organiza-
tion admitting to membership employees of the Company.
United Steelworkers of America is a labor organization affiliated
with the Congress of Industrial Organizations, admitting to member-
ship employees of the Company.
American Federation of Labor, Federal Labor Union #20183, is a
labor organization admitting to membership employees of the
Company.
III. THE QUESTIONS CONCERNING REPRESENTATION
The .Company has refused to grant exclusive bargaining rights to
any labor organization until it has been certified by the Board.
Statements of the Field Examiner, introduced into evidence at the
TAE PITCAIRN COMPANY 407
hearing, supplemented by a statement of the Trial Examiner made
at the hearing, indicate that the I. A. M., the Mine Workers, and the
A. F. of L. represent a substantial number of employees in the unit
herein found appropriate s
We find that questions affecting commerce have arisen concerning
the representation of employees of the Company within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
. The I. A. M. contends for a unit of machinists and tool makers
including machine repairmen but excluding all other employees. The
other -organizations contend for an industrial unit including ma-
chinists and tool makers. The Company takes no stand.
Bargaining history between the Company and its employees dates
back to 1936 when the A. F. of L. was recognized as the bargaining
agent for all of the Company's employees in an industrial unit. Al-
though the bargaining representative changed in 1941 when the Steel-
workers won an election, the employees continued to bargain in an
industrial unit from 1936 until the present. In the light of this long
bargaining history, acquiesced in by the machinists and tool makers,
we do not believe that the unit requested by the I. A. M. is appro-
priate for the purposes of collective bargaining within the meaning
of the Act 7 We shall, therefore, dismiss the petition of the I. A. M.
We find that all production and maintenance employees in the
Barberton, Ohio, plant excluding pattern makers, guards, general
office employees, checkers, salaried and clerical employees, foremen,
assistant foremen, and all other supervisory employees with, authority
to hire, promote, discharge, discipline, or otherwise effect changes in
the status of employees or effectively recommend such action8 con-
stitute a unit appropriate for the purposes of collective bargaining
within the meaning of Section 9 (b) of the Act. ,
6 The I. A. M. submitted to the Field Examiner 26 application -for-membership' cards
bearing apparently genuine, original signatures corresponding with names appearing on
the Company 's July 17, 1943, pay roll which contained names of 35 persons in the unit
requested by the ,I. A. M The Mine Workers submitted to the Field Examiner 390 member-
ship cards , 375 of which bore apparently genuine, original signatures corresponding with
names appearing on the Company 's July 17, 1943, pay roll, which contained names of 521
persions within the appropriate unit. - I ' E
The A. F. of L . submitted to, the Trial Examiner 43 authorization cards bearing appar-
ently genuine original signatures corresponding with names appearing on the Company's
July 17 , 1943, pay roll . The A. F. of L. claimed further interest bye reason of, having been
bargaining representative for the Company 's employees from 1936 to 1941., ,
The 'Steelworkers relied on their contractual 'relationship with the Company.
° See Matter of Phoenuc Manufacturing Company, 44 N. L . it. B. 1388.
8 Exclusions were stipulated by all parties.
408 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among, the em-
ployees in the appropriate unit who were employed during the-pa
roll period immediately preceding the date of the Direction of Election
herein, subject to the limitations and additions set forth iri the Direc-
tion. Since an election is to be held, and since the A. F. of L. and the
I. A. M. have made a showing of membership in the unit herein found
appropriate, and the Steelworkers is presently party to a contract
with the Company, we shall accord the Steelworkers and the At F. of L.
,as well as the I. A. M. a place on the ballot.
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 Rela-
tions Act, and pursuant to' Article III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 2, as amended, it is
hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for. the purposes of collective bargaining with the Pitcairn Com-
pany (Pittsburgh Valve & Fittings Division) Barberton, Ohio, 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 Eighth
"Region, acting in this matter as agent for the National Labor Rela-
tions Board, and subject to Article III, Sections 10 and 11, of said
Rules and Regulations, among the employees in the unit found appro-
priate in Section IV, above, who were employed during the pay-roll
period immediately preceding the date of this Direction, including
'employees who did not work during said pay-roll period because they
were ill or on vacation or temporarily laid off, and including employees
in the armed -forces of the United States who present themselves in
,person, at the polls, but excluding those employees who have since
-quit or been discharged for cause, to determine whether they desire
to be represented by International .Association of Machinists, Local
#607, by District 50, United Mine Workers of America, by United
'Steelworkers of America, affiliated, with the Congress of Industrial
Organizations,' or by American Federation, of Labor, Federal Labor
Union #20183,,'for the purposes of 'collective bargaining, or by no
union. .
THE PITCAIRN COMPANY
ORDER
409
Upon the basis of the foregoing findings of fact, and upon the
entire record in the case, the National Labor Relations Board hereby
orders that the petition for investigation and certification of repre-
sentatives of employees of The Pitcairn Company (Pittsburgh Valve
& Fittings Division) at its Barberton, Ohio, plant filed by Interna-
tional Association of Machinists be, and it hereby is, dismissed.
CHAIRMAN M=s took no part in the consideration .of the above
Decision, Direction of Election and Order.