Truck Welding Co., Inc.

National Labor Relations Board - Board Decisions

Aug 14, 1942

43 N.L.R.B. 206 (N.L.R.B. 1942)

In the Matter of TRUCK WELDING COMPANY, INC. and UNITED BROTH-
ERHOOD OF WELDORS, CUTTERS, & HELPERS OF AMERICA
Case No. R-569- Decided August 14, 19/
Jurisdiction : truck equipment manufacturing industry.
Investigation and Certification of Representatives : existence of question: te-
fusal to accord union recognition ; conflicting claims of rival representatives ;
contracts automatically renewed after filing of petition held no bar; election
necessary.
Unit Appropriate for Collective Bargaining : unit confined to welders held ap-
propriate, in view of consistent recognition of such employees as a separate
group.
Bayley, Fite, Martin ct Shorts, by Mr. Bruce Shorts, Jr., of Seattle,
Wash., for the Company. -
Houghton, Cluck cfi Coughlin, by Mr. Paul Coughlin, of Seattle,
Wash., and Mr. Nathan J. Kaplan, of Chicago, Ill., for the United.
Mr. L. Presley Gill, of Seattle, Wash., for the A. F. of L.
Mr. James A. Duncan, of Seattle, Wash., for the I. A. M. and
Machinists Welders.
Mr. Max E. Halpern, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by United Brotherhood of Weldors, Cut-
ters & Helpers of America,' herein called the United, alleging that
a question affecting commerce had arisen concerning the representa-
tion of employees of Truck Welding Company, Inc., Seattle, Wash-
ington, herein called the Company, the National Labor Relations
Board provided for an appropriate hearing upon due notice 2 before
1 The name of the United was amended at the hearing to read as above.
' Copies of the notice of hearing were served upon the Company, the United, and upon In-
ternational Association of Machinists, Local No. 79, and Auto Mechanics, Local No. 289,
herein called the Machinists and Auto Mechanics respectively ; International Association of
Machinists, Welders Union, Local No. 1351, herein called the Machinists Welders ; Auto
Sheet Metal Workers' Local Union 387, herein called the Sheet Metal Workers ; Interna-
tional Brotherhood of Boilermakers, Iron Shipbuilders and'Helpers of America, Local No.
43 N. L. R. B., No. 23.
206
TRUCK WELDING COMPANY, INC. 207
Daniel R. Dimick, Trial Examiner. Said hearing was held at Seattle
Washington, on March 13 and 14, 1942. The Company, the United,
and the A. F. of L. appeared, participated, and were afforded full
opportunity to be heard, to examine and cross-examine witnesses,
and to introduce evidence bearing upon the issues. On February
23, 1942, counsel for the A. F. of L. filed a formal motion with the
Regional Director for the Nineteenth Region requesting that the
petition be dismissed. Said motion *as renewed at the close of the
hearing. The Trial Examiner reserved ruling on the motion. The
motion is hereby denied. During the course of the hearing counsel
for the A. F.-of L. requested that the Board hold the decision herein
in abeyance pending its decision in several companion cases, includ-
ing Matter of Washington Metal Trades, Inc. and United Brother-
hood of Weldors, Cutters d Helpers of America, Case No. R-3886
(XIX R-865), decided simultaneously herewith. , In view of the
similarity of issues presented in the instant case and in Matter of
Washington Metal Trades, Inc., the Board directed that a hearing
be held before the Board for the purpose of oral argument in both
cases. Pursuant to notice duly served upon all tM parties, a hearing
was held for the purpose of oral'argument before the Board on July
16, 1942, at Washington, 'D. C.' The United and the A. F. of - L.
appeared by counsel, participated, and presented oral 'argument.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Truck Welding Company, Inc., a corporation organized under the
laws of the State of Washington, maintains its principal office and
place of business in Seattle, Washington, where it is engaged in the
manufacture, installation, and repair of truck bodies, tanks, and
frames. During the year,1941 the Company purchased raw mate-
rials, consisting of structural steel, plates, bars, pumps, hoists, meters,
hose, rivets, and valves, valued in excess of $45,000, approximately
50 percent of which was shipped from points outside the State of
Washington. During this same period the Company manufactured
finished products valued in excess of $100,000, all of which was -sold
locally, but 25 percent of which was shipped by the purchasers
without further processing, to points outside the State of Washington.
104, herein called the Boilermakers ; and International Brotherhood of Blacksmiths, Drop
Forgers and Helpers, Local No. 106, herein called the Blacksmiths . All of said unions ap-
peared herein except the Machinists ; however, the International Association of Machinists,
herein called the I. A. M., entered an appearance . All of the foregoing unions except the
Machinists Welders are herein collectively referred to as the A . F. of L.
208 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
II. THE ORGANIZATIONS INVOLVED
United Brotherhood of Weldors, Cutters & Helpers of America is
an unaffiliated labor organization, admitting to membership welders,
burners, and their helpers.
International Association of Machinists, Welders Union, Local No.
1351, is a labor organization affiliated with the American Federation
of Labor, admitting to membership only welders.
International Association of Machinists, Local No. 79, -and Auto
Mechanics Local No. 289; Auto Sheet Metal Workers' Local Union
387; International Brotherhood of Boilermakers, Iron Shipbuilders
and Helpers of America, Local No. 104; and International Brother-
hood of Blacksmiths, Drop Forgers and Helpers, Local No. 106, are
labor organizations affiliated with the American Federation 'of Labor,
admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
During the month of December 1941, the United requested the
Company to recognize it as exclusive representative of certain em-
ployees of the Company and to negotiate a collective bargaining
agreement. The Company refused, asserting that it was bound by
existing agreements `with the Auto Mechanics and the Machinists
Welders, covering the employees in question. On December 19, 1941,
the United filed its petition herein.
On April 24, 1941, the Company entered into a contract with the
Auto Mechanics covering "Journeymen Assemblymen, Specialists
(Class A) and Specialists (Class B)." 3 The contract was to remain
in effect until April 1, 1942, and from year to year thereafter, unless
either party gave 30 days' prior notice of termination. Similar con-
tracts had been made between the parties since 1926. Also on April
24, 1941, a contract was made between the Company and the Machin-
ists Welders, covering "Journeymen Welders," the provisions of
which paralleled the provisions of the above-mentioned contract and
recited that the contract would remain in effect until April 1, 1942,
and be automatically renewed from year to 'year thereafter unless
written notice of a desire to change, modify, or terminate was given
30 days prior to the date of expiration. This contract likewise re-
placed a prior contract between. the parties. Since the term of these
contracts has now expired and since both the Company and the con-
tracting unions had notice of the claim of the United prior to the
The President of the Company defined a specialist as a helper for the mechanics, but
not for the welders.
TRUCK WELDING COMPANY, INC. 209
effective renewal date of the contracts, it is clear that neither contract
constitutes a bar to a present determination of representatives.
During the course -of the hearing, evidence was submitted to the
Trial Examiner, .from which it' appears that the United and the
Auto Mechanics both represent a substantial number of the employees
of the Company in the unit hereinafter found to be, appropriate.'
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company, within the meaning
of Section 9 (c) and Section 2 (6)' and (7) of the National Labor
Relations Act.
IV. THE APPROPRIATE UNIT ' -
The United requests a unit of the four welders employed by the
Company.5 The A. F. of L. contends that the unit is inappropriate
and urges dismissal of the petition. The Company takes no position
with respect to the propriety of the proposed unit.
The Company operates a welding and general repair shop and at
the time, of the hearing employed 17 production employees, classified
on its pay roll as: 4 welders, 5 mechanics, 4 helpers, 1 sheet metal
worker, 1 blacksmith, 1 boilermaker who also serves as foreman, and
a second foreman.' The Company handles truck tanks on one side of
the shop and truck bodies on the other side under the supervision
of the separate foremen, although the mechanics and their helpers
who lay out and assemble the material' upon which their work is'
performed and the welders who, while these materials are in posi-
tion for assembly, do the necessary tacking and welding, work on
both sides of the shop. The welders utilize'in their work 4 stationary
and 1 portable electric arc-welding machines. In addition the welders
spend a small amount of their time in burning or heating, using the
oxyacetylene torch. All the other production employees use the
4 A statement of the Trial Examiner made during the hearing , shows that the United
submitted two statements of designation , dated respectively December 11, 1941, and
March 4 , 1942 , indicating that the four welders employed by the Company wish to be rep-
resented by the United . The Trial Examiner 's statement also shows that the Auto Me-
chanics submitted four application -for-membership cards, dated February 11, 1942, three
of which bear apparently genuine signatures of persons listed on the Company 's pay roll
of February 28, 1942, as nelders , and one as a helper.
Other than the contract between the Company and the Machinists welders no evidence
was submitted by the Machinists welders of its representation of any of the welders No
evidence was submitted by the Blacksmiths , the Boilermakers , or the Sheet Metal workers
as to their representation except that the record discloses that these unions represent,
respectively , the blacksmith , the boilermaker , and the sheet metal worker employed by the
Company.
51n its petition the United alleged that the appropriate unit consisted of "all welders,
cutters ( burners ), and helpers and leadmen who work in connection therewith." When
it was disclosed at the hearing that the Company employs no cutters, burners, welders'
helpers, or leadmen, the United restricted its request to a unit of welders only.
6
One of the four welders was recently employed and does not appear on the Company's
pay roll of February 28, 1942; nor does the blacksmith appear on this pay roll due to
absence on account of illness.
481039-42-vol. 43-14
210 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
oxyacetylene torch to cut metals or to shape them, from 1/10th to
3/10ths of their time, but they do not use the electric arc-welding
machines.
Prior to 19,37, the Company had 'entered into separate agreements
with the Auto Mechanics covering the welders who operated the
electric arc-welding machines. Subsequent to the organization of a
separate welders' local by the Machinists in 1937,7 the Company
entered" into contracts with the Machinists Welders covering these
same employees. As is more fully'stated in Matter of Washington
Metal Trades, Inc., the Machinists Welders was dissolved in Febru-
ary 1942. According to the representative of the I. A. M., just'
prior to the suspension of the Machinists Welders' local, the con-
tract between the Company and the Machinists Welders was assigned
to the Auto Mechanics and the International Association of- Machin-
ists. Irrespective of the effectiveness or validity of the assignment,
it is sufficient to note that the contract covering exclusively the weld-
ers who operate the electric arc-welding machines, was continued in
effect even after,the suspension of a local limited to welders.
Thus the issue presented in this case is vastly different from that
presented in Matter of Washington Metal Trades, Inc. Here a group
of employees, whose work differs in essential respects from that of
other production employees in the shop and who have consistently
acted and been recognized as an appropriate bargaining unit, merely
seek an opportunity to select a bargaining representative. Under
these circumstances, we find that the welders employed by the Com-
pany, excluding all other maintenance and production employees,
office and clerical employees, and supervisors, constitute a unit appro-
priate for the purposes of collective bargaining, within the meaning
of Section 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
We find that the question which has arisen concerning repre-
sentation can best be resolved by an election by secret ballot. The
A. F. of L. has requested to be designated on the ballot as the Ameri-
can Federation of Labor. We hereby grant the request and 'shall
so direct.
The United assigned no reason for its request that eligibility to
vote be determined as of the pay-roll date immediately preceding
the hearing herein. Accordingly, we shall follow our usual practice
and direct that those eligible to vote in' the election shall be the
employees in the appropriate unit who were employed during the
7 See Matter of Washington Metal Trades ; Inc, and United Brotherhood of Weldors,
Cotters d Helpers of America, decision issued this day
TRUCK WELDING COMPANY, INC. 211
pay-roll period immediately preceding the date of the Direction of
Election herein, subject to the limitations and additions set forth
in the Direction.
'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 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 Truck Welding Company, Inc., Seattle, Washington, 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 Nine-
teenth 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 the employees in the unit-found appropri-
ate in Section IV,above, who were, employed by the Company during
the pay-roll period immediately preceding the date of this Direction,
including any, such employees who did not work during such pay-
roll period ,because they were ill or on vacation or in the active mili-
tary service or training of the United States, or temporarily laid
off, but excluding any who have since quit or been discharged for
cause, to determine whether they desire to be represented by United
Brotherhood of Weldors, Cutters & Helpers of America, or by the
American Federation of Labor, or by neither,