Tube Turns, Inc.

National Labor Relations Board - Board Decisions

Feb 29, 1944

55 N.L.R.B. 219 (N.L.R.B. 1944)

In the Matter of TUBE TURNS, INCORPORATED and INTERNATIONAL
BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL #369 (A. F. OF L.)
Case No. 9-R-12,98.Decided February 29, 19y 1
Messrs. W. A. Willig and Courtney Noe, of Louisville, Ky., for the
Company.
Mr. H. H. Hudson,,of Louisville, Ky.,,and Mr. J. C. W ll i rn ora,; of
Buechel, Ky., for the Union. -
Mr. Joseph W. Kulkis, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF,TILE CASE
Upon a petition duly filed by International Brotherhood of Elec-
trical Workers, Local #369 (A. F. of L.), herein called the Union,
alleging that a , question affecting commerce had arisen concerning
the representation of employees of Tube Turns, Incorporated, Louis-
ville, Kentucky , herein called the Company , the National Labor Re-
lations Board provided for an appropriate hearing upon due notice
before Allen Sinsheimer , Jr., Trial Examiner . Said hearing was held
at Louisville, Kentucky , on January 25, 1944. The Company and the
Union appeared, participated , and were afforded full opportunity to
be heard, to examine and cross -examine witnesses, and to introduce
evidence bearing, on the issues . The Trial Examiner 's rulings made
at the hearing are free from prejudicial error and are hereby affirmed.
The parties were afforded opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF For
1. THE BUSINESS OF THE COMPANY
Tube Turns, Incorporated, operates plants at Louisville, Kentucky,
where it is engaged in the manufacture of aircraft parts and aluminum
welding fittings. The Company annually 'purchase's raw' materials,
consisting primarily of steel and aluminum, amounting in value in
55 N L. R. B., No. 36.
219
220 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
excess of several million dollars, of which over 90 percent is obtained
from States other than the State of Kentucky. Over 90 percent of
the annual sales of many million dollars, is shipped to points outside
the State of Kentucky.
The Company admits, and.we find, that it is engaged in.commerce
within the meaning-of.the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
international Brotherhood of Electrical Workers. Local #369, is a
labor organization affiliated with the American Federation of Labor,
admitting to membership employees of the Company., . ; :
III. THE QUESTION CONCERNING REPRESENTATION
On or about November 10, 1943, the Union requested the Company
to recognize it as the exclusiverbargaining representative of the ,em-
ployees within an alleged appropriate unit. The Company refuses
to accord the Union, such, recognition unless: and until the Union is
certified by the Board.
A statement of a Field Examiner of the Board, introduced into evi-
dence at the hearing, indicates that the Union represents a substantial
number of 'employees within the unit hereinafter found to be appro-
priate 1
,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 Act.
IV. THE APPROPRIATE UNIT
The parties agree generally that all electrical maintenance employ-
ees, apprentices and helpers at the Twenty-eighth Street plant of the
Company, including employees who devote a substantial part of their
time to electrical maintenance,work; and all laboratory electricians,
excluding all common laborers attached to the electrical maintenance
department and all supervisory, employees, constitute an. appropriate
unit. The parties are in, disagreement, however, with reference to the
inclusion or exclusion of all-crane operators other than those who may
devote a substantial portion of their time to general electrical main-
tenance work; the Company desiring their inclusion and the Union
seeking their exclusion.,
The crane operators, of, whom,there are approximately 30 in num-
ber, operate 2-ton and 10-ton electric cranes by which materials are
The report of the Field Examiner shows that the Union submitted 19 authorization cards
bearing apparently genuine signatures; 17 of the cards bear names appearing,onla cuirent
pay roll of the Company, which contains the names of 40 persons within the alleged
appropriate unit.
TUBE,TURNS, INCORPORATED 221
moved from, one place to another. The cranemen -work in different
departments under the supervision.of the,respective department fore-'
men, whereas the electrical. maintenance employees have.their own
-department, and work under the.'direct supervision of the,electrical
engineer, the head.'of the .department. The crane operators do not
perform, any electrical maintenance work on'their.own cranes. The
highest paid crane operators are in-a lower wage bracket? and do not
require as much skill and training as the electrical maintenance men,
who constitute a highly skilled craft group.3,
In vie`' of the foregoing, we shall exclude,them from the unit. How-
ever, two of the crane, operators, : Roscoe, Oiler and Oliver Watson,
devote ,a- substantial amount of their time to electrical maintenance
work; we shall, therefore,•include,them.
We find that'all •electrical'maintenance employees,t.apprentices and
helpers, and laboratory electricians, at,the Company's Twenty-eighth
Street plant, including Roscoe Oiler and Oliver Watson, but excluding
all common laborers attached to,the electrical maintenance depart-
ment,4 and all supervisory employees with, , authority td- hire, promote,
discharge, discipline, or otherwise effect changes in the status of em-
ployees, or effectively recommend such action, 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 shall direct that the question concerning representation which
has arisen be resolved by means of an election by secret ballot among
the employees in the appropriate unit who were employed during the
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 Re-
lations Act, and pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 3, it is hereby
DIRECTED that, as part'of the investigation to ascertain representa-
t ives for the purposes of collective bargaining with Tube Turns, In-
corporated, Louisville, Kentucky, an election by secret ballot shall be
conducted as early as possible, but not later than thirty (30)* days
2 The record reveals that an electrical maintenance man can , and often does, receive
approximately 371/2 cents an hour base pay more than an expert crane operator
3 See Matter of Douglas Air craft Co , 52 N . L R B 781 and 54 N L R B 67
d The only employee shown to fall within this category at the time of the hearing was
Louis Arnold.'
222 DECISIONS OF 'NATIONAL LABOR RELATIONS BOARD
from the date of this Direction, tinder the direction and supervision
of the,Regional Director for the Ninth Region, acting in this matter
as agent for the National Labor Relations Board, and subject to Arti-
cle III, Sections 10 and 11, of said-Rules and Regulations, among the
employees in the unit found appropriate 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
any who have since quit or been. discharged for cause and have not
been rehired or reinstated prior to the date of the election, to deter-
mine whether or not they desire to be represented'by International
Brotherhood of Electrical Workers,'Local #369, (A. F. of L.'); for the
purposes of collective bargaining.
MR. JOHN M. HOUSTON took no part in the consideration of the above
Decision and Direction of Election.