The Wheland Co.

National Labor Relations Board - Board Decisions

Jan 30, 1947

72 N.L.R.B. 351 (N.L.R.B. 1947)

In the Matter of TILE WIIELAND COMPANY, EirrLOYER and UNITED
STEELWORKERS OF AMERICA, CIO, PETITIONER
Case No. 10-R-1885.Decided January 30, 1947
Messrs. W. D. Spears and S. W. Johnson, both of Chattanooga,
Tenn., for the Employer.
Messrs. J. C. Stafford and W. B. Frazier, both of Chattanooga,
Tenn., for the Petitioner.
Mr. Jack H. Crank, of Birmingham, Ala., and Mr. W. D. Silvey,
of Chattanooga, Term., for the IAM.
Mr. G. R. Cochran, of Chattanooga, Tenn., for the blacksmiths.
Mr. J. C. Leff'ew, of Nashville, Tenn., for the Firemen and Oilers.
Cllr. A. Sumner Lawrence, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
Upon a petition duly filed, hearing in this case was held at Chatta-
nooga, Tennessee, on August 6, 1946, before Paul S. Kuelthau, hear-
ing officer. The hearing officer's rulings made at the hearing are free
from prejudicial error and are hereby affirmed. The Intervenor's
motion to dismiss is denied for reasons hereinafter stated.
Upon the entire record in the case, the National Labor Relations
Board makes the following :
FINDINGS OF FACT
1. TILE BUSINESS OF THE EMPLOYER
The Wheland Company, a Tennessee corporation with its principal
office and place of business at Chattanooga, Tennessee, is engaged in
the manufacture of oil well drilling and saw mill equipment. The
Employer annually uses in its operations, raw materials valued in
excess of $25,000, of which 50 percent is obtained from points outside
the State of Tennessee. The Employer's annual sales of finished
products exceed $50,000 in value, of which 95 percent is shipped to
points outside the State of Tennessee.
The Employer admits and we find that it is engaged in commerce
within the meaning of the National Labor Relations Act.
72 N L R B., No. 6'i 351
731242-47-v of 72-24
352 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
H. TIIE O1IGANIZATIONS INVOLVED
The Petitioner is a labor organization affiliated with the Congress
of Industrial Organizations, claiming to represent employees of the
Employer.
International Association of Machinists, Success Lodge 56, herein
called the TAM, is a labor organization, claiming to represent em-
ployees of the Employer.
International Brotherhood of Blacksmiths, Drop Forgers and Help-
ers, Look Out Mountain Lodge No. 408, AFL, herein called the Black-
smiths, is a labor organization affiliated with the American Federation
of Labor, claiming to represent employees of the Employer.
International Brotherhood of Firemen and Oilers, herein called the
Firemen and Oilers, is a labor organization claiming to represent em-
ployees of the Employer.
III. THE QUESTION CONCERNING REPRESENTATION
The Employer refuses to recognize the Petitioner as the exclusive
bargaining representative of its employees until the Petitioner has been
certified by the Board in an appropriate unit.
The TAM and the Blacksmiths contend that the present proceeding
is barred by existing contracts between the Employer and the IAM and
the Blacksmiths , respectively.'
The contract between the Employer and the TAM is a 1-year ex-
clusive bargaining agreement , dated March 28, 1946, automatically re-
ne-%vable and covering, among other machine shop employees , certain
machine shop helpers included in the residual production and mainte-
nance unit sought by the Petitioner in this proceeding . However,
since the contract will expire by its terms less than 3 months from the
present time we find that the contract is not a bar to a present deter-
mination of representatives.'
So far as the contract between the Employer and the Blacksmiths
is concerned , it appears that this contract is a 1-year contract for
members only , dated May 7, 1946 , and covering, among other forge
shop employees , certain blacksmith helpers included in the unit sought
by the Petitioner . Although this contract will by its terms continue
to remain in force for a substantial period of time, the fact that such
'In addition to the contractual bar which it urges in common with the Blacksmiths,
the IAM also contends that the petition should be dismissed under the principle announced
in Matter of General Electric X -Ray Corporation , 67 N L. R. B 947 , and upon the further
ground that the proceeding is barred by the limitation in the Board 's appropriation with
respect to an agreement in existence for 3 months or longer without complaint being filed.
We find no merit in these contentions, because (1) the principle of the General Electric
X-Ray case is not applicable where there is no question of a contract executed after a
request for recognition and before the filing of it petition with the Board ; and (2) the
limitation in the Board ' s appiopriation does not apply to representation proceedings.
2 See Mattei of Round California Chain Corpoi ation Ltd , 64 N L. it. B 242.
THE WHELAND COMPANY 353
contract is an agreement for members only prevents it from operating
as a, bar to a present determination of representatives-'
We find that a question affecting commerce has arisen concerning
the representation of employees of the Employer, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. TIIE APPROPRIATE UNIT; THE DETERMINATION OF REPRESENTATIVES
The Petitioner seeks a residual production and maintenance unit
consisting of machine shop helpers, pattern department helpers, black-
smith helpers, yard employees, shipping department employees, jani-
tors and firemen, excluding craft employees in various departments
represented by other labor organizations ,4 office and clerical employees,
administrative, executive, and supervisory employees. The only
issues concern the inclusion of machine shop helpers and blacksmith
helpers, whom the IAM and the Blacksmiths seek to have excluded
from the unit by reason of the Employer's history of collective
bargaining covering these two groups of employees.
The position of the IAM and the Blacksmiths is supported by the
Firemen and Oilers which intervened at the hearing for the purpose
of contesting the Petitioner's claim to any residual group of employees.
In support of their position, the IAM and the Blacksmiths point
to the fact that machine shop helpers and blacksmith helpers have
been included within the contracts of the IAM and the Blacksmiths,
respectively. In addition thereto, it is undisputed that the IAM has
bargained continuously during the past 4 years for machine shop
helpers, who were included as "machinist helpers" in an informal
certification issued by the Board's Regional Director to the IAM in
1942 as the result of a consent election covering machinists and re-
lated classifications in the Employer's machine shop.-, However, the
record discloses that both machine shop helpers and blacksmith helpers
are relatively unskilled employees as compared with either the craft
employees or the craft apprentices in the departments in which they
are employed. Moreover, it appears that such helpers constitute
fringe groups which could properly be included with either the craft
employees of their respective occupational groups or with the em-
ployees in the residual group claimed by the Petitioner herein. Under
the circumstances, and in view of the fact that the Petitioner has made
it substantial showing of interest with respect to both machine shop
8 See Matter of Reo Motors, Inc, 61 N L. R . B 1579 ; Matter of Kittinger Company,
Inc., 65 N. L R. B. 1215.
* The labor organizations whose craft members are excluded from the unit sought by the
Petitioner comprise the IAM and the Blacksmiths , together with the International Foundry
Workers Union and the Pattern Makers League of North America , organizations not
parties to the present pi oceedmg.
° Case No 10-R-597.
354 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
helpers and blacksmith helpers, we are of the opinion that the machine
shop helpers and the blacksmith helpers should be afforded an oppor-
tunity to determine through separate elections their desire with respect
to this matter. Upon the results of such elections will depend, in part,
our determination of the appropriate unit or units.
We shall direct that separate elections be held among the Em-
ployer's employees in the voting groups described below, excluding
therefrom all office and clerical employees, all administrative and
executive employees, and all supervisory employees with authority to
hire, promote, discharge, discipline, or otherwise effect changes in the
status of employees, or effectively recommend such action:
1. All employees in the classification of machine shop helpers.
2. All employees in the classification of blacksmith helpers.
3. All remaining production and maintenance employees, includ-
ing therein yard employees, pattern department helpers,s shipping
department employees, janitors and firemen, but excluding, in addition
to the foregoing voting groups, all craft employees presently repre-
sented by other labor organizations.7
DIRECTION OF ELECTIONS
As part of the investigation to ascertain representatives for the pur-
poses of collective bargaining with The Wheland Company, Chatta-
nooga, Tennessee , separate elections 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 Tenth Region, acting in this matter as agent for the
National Labor Relations Board, and subject to Sections 203.55 and
203.56, of National Labor Relations Board Rules and Regulations-
Series 4, among the employees in the voting groups set forth 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 disch`alr'eil
for cause and have not been rehired or reinstated prior to the date of
Although the one employee in the classification of pattern department helper, a classi-
fication with duties similar to those of common laborers , has been repi eseuted by the
Pattern Makers League, of North America as pant of a craft group , the Pattern Makers
League, which was notified of this proceeding , did not seek to inteiveue theienn of claim
ivhatevei right it might have had to represent the pattern department helper herein
concerned
'Among the craft eniplovees excluded hereunder aie foundry eniploiees and pattern
makers piesently repiesented by Local Union No 53 of the International Molders and
Foundry workers Union of Notth America , and by the Pattern Makers Le,igue of North
America , respectively
THE WHELAND COMPANY 355
the election, to determine: (1) with respect to the group of machine
shop helpei's, whether they desire to be represented by United Steel-
workers of America, CIO, or by International Association of Machin-
ists, Success Lodge 56, for the purpose of collective bargaining, or by
neither ; (2) with respect to the group of blacksmith helpers, whether
they desire to be represented by United Steelworkers of America,
CIO, or by International Brotherhood of Blacksmiths, Drop Forgers
and Helpers, for the purpose of collective bargaining or by neither;
.(3) with respect to the residual group of production-and maintenance
employees, whether they desire to be represented by United Steel-
workers of America, CIO, or by International Brotherhood of Fire-
inen and Oilers, for the purpose of collective bargaining, or by neither.