Tuthill Pump Co.

National Labor Relations Board - Board Decisions

Jul 11, 1942

42 N.L.R.B. 333 (N.L.R.B. 1942)

In the Matter of TUTHILL Pump COMPANY and UNITED ELECTRICAL,
RADIO & MACHINE WORKERS OF AMERICA, LOCAL 1114, C. I. O.
Case No R-3931,Decided July 11, 194
Jurisdiction: iotaiy gear pump mannfactuling industry
Investigation and Certification of Representatives : existence of question re-
fusal to accord petitioner iecognition until certified by Boaid, contract prop-
erly terminated by notice of contracting ninon held no bar , election necessary
Unit Appropriate -Rfor Collective Bargaining - all production and maintenance
employees, including inspectois, and Chipping, receiving, and stockroom em-
ployees, but excluding supervisory, clerical, office, and sales employees
Fyffe cC Clarke, by Mr John Harrington, of Chicago, Ill., for the
Company
Dlr. Ernest De Maio, and Mr Louis Ton re, of Chicago, Ill, for the
Union.
Mr Robert E Tillman, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by United Electrical, Radio & Machine
Woikers of America, Local 1114, C I 0, herein called the Union,
alleging that a question affectin g commerce had arisen concerning the
iepieseintation of employees of Tuthill Pump Company, Chicago,
Illinois, herein called the Company, the National Labor Relations
Board provided for an appropriate hearing upon due notice, before
Robeit E Dickman, Trial Examiner Said hearing was held at Chi-
cago, Illinois, on June 9, 1942. The Company and the Union appeared,
participated, and were afffoided full opportunity to be heard, to ex-
anune 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
- 42 N L It B, No 79
333
334 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Tuthill Pump Company is an Illinois corporation maintaining its
principal office and a plant in Chicago, Illinois, where it is engaged in
the manufacture, sale, and distribution of rotary gear pumps. During
1941, the Company purchased raw materials, consisting chiefly of steel
and steel castings, of a value in excess of $300,000, of which more than
50 percent was shipped to the Company fiom outside the State of
Illinois. During the same peiiod, the Company sold products of a
value in excess of $1,000,000, of which approximately $800,000 iepre-
sents the value of products shipped to points outside the State of
Illinois.
II THE ORGANIZATION INVOLI ED
United Electrical, Radio & Machine Workers of America;, Local
1114, C. I. 0, is a labor organization admitting to membei ship em-
ployees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The parties stipulated and we find that on or about May 23, 1942,
the Union requested recognition from the Company for purposes of
collective bargaining on behalf of the Company's employees, and
that the Company refused to extend recognition unless and until the
Union is duly certified by the Board.
On March 13, 1942, the Company entered into an agreement with
Pump and Freezer Workers Association, an unaffiliated labor organi-
zation, herein called the Association, which provided, among other
things, that "this agreement shall be non-assignable and non-trans-
ferable except by written consent of both parties," and that "this
agreement shall be in effect for one year after the date hereof and from
year to year thereafter until a new agreement shall be executed or
until it shall be terminated by 30 days written notice by either party."
On May 17, 1942, a special meeting of the Association was called, at
which a quorum was present. A motion was introduced and approved
virtually unanimously authorizing the appointment of a commit-
tee to take whatever action was necessary to affiliate the Association
with the Union. On May 18, 1942, the committee set up by the Asso-
ciation met with the Company and notified the Company of the dis-
solution of the Association and the affiliation with the Union, and
stated that the Association's contract would not be transferred. On
June 5, 1942, the ex-president of the Association, writing on behalf
TUTHILL PUMP COMPANY 335
of the Association, notified the Company by letter "that the agree-
ment entered-into on the 13th day,of March, 1942, by and between
the Tuthill Pump Company and Tuthill Pump and Freezer Work-
ers Association is terminated " On June 8, 1942, in reply to this,
letter, the Company stated that the notice did not conform with the
requirements of the contract in that the agreement specified a 30
days written notice.
It was the Company's position at the hearing that the contract
would not become inoperative until July 5, 1942, thirty days from the
notice of June 5, 1942, and then only providing that the letter termi-
nating the contract was authorized by the Association. Ex-officers
of the Association testified without contradiction that when the coni-
nuttee was authorized to take whatever action was necessary to affili-
ate with the Union, this included the power to terminate the contract,
and that the only respect in which the Association is now functioning
is that the money in the treasury is still being used to provide sick-
ness and health benefits for the ex-members of the Association. Thus,
the Union contended that the contract had been terminated both by
notice and by the dissolution of the Association.
We are of the opinion and find that the contract became inopera-
tive on July 5, 1942, and, therefore, does not preclude the Board
from making a present investigation of the question concerning
representation.
A statement of the Regional Director introduced in evidence at the
hearing, indicates that the-Union represents a substantial number of
employees in the unit heieinafter found 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 Union requested a unit of all production and maintenance em-
ployees, including inspectors, and shipping, receiving, and stockroom
employees, but excluding supervisory, clerical, office, and sales em-
ployees. The Company did not contest the appropriateness of the
proposed unit.
We find that all production and maintenance employees, including
inspectors, and shipping, receiving, and stockroom employees, but
excluding supervisory, clerical, office, and sales employees, constitute
a unit appropriate for the purposes of collective bargaining within the
meaning of Section 9 (b) of the Act.
'The Regional Director stated that the Union had submitted 181 designation caids
to him, all bearing apparently genuine signatures , and that 175 of the signatures were
names of peisoris whose names appeared on the Company 's pay roll for May 27 , 1942, which
listed 216 persons within the unit hereinafter found appropilate
336 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
V THE DETERMINATION OF REPRESENTATI\ ES
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 our Direction of
Election, subject to the limitations and additions set forth therein
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,
49 Stat. 449, 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 to ascertain repre-
sentatives for the purposes of collective bargaining with Tuthill Pump
Company, Chicago, Illinois, an election by secret ballot shall be con-
ducted as early as possible, but not later than thirty (30) days fiom the
date of this Direction of Election, under the direction and supervision
of the Regional Director for the Thirteenth Region, acting in this mat-
ter as agent for the National Labor Relations Board, and subject to
Article III, Section 9, of said Rules and Regulations, among all em-
ployees of the Company in the unit found appropriate in Section IV,
above, who were employed during the pay-roll pei rod immediately pre-
ceding the date of this Direction, including employees 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 tempo-
rarily laid off, but excluding those employees who have since quit or
been chschaiged for cause, to determine whether or not they desire to be
represented by United Electrical, Radio & Machine Workers of Amer-
ica, Local 1114, C 1 0 , for the purposes of collective bargaining
In the Matter of TUTHILL PUMP COMPANY and UNITED ELECTRICAL,,
RADIO & MACHINE `YORKERS OF AMERICA, LOCAL 1114, C. I O.
Case No R-3931
CERTIFICATION OF REPRESENTATIVES
August 11,194
On July 11, 1942, the National Labor Relations Board issued a De-
cision and Direction of Election in the above-entitled proceeding'
Puisuant to the Direction of Election, an election by secret ballot was
conducted on July 24, 1942, under the direction and supeivision of the
Regional Director for the Thirteenth Region (Chicago, Illinois). On
July 25, 1942, the Regional Director, acting pursuant to Article III,
Section 9, of National Labor Relations Board Rules and Regulations-
Series 2, as amended, issued and duly served upon the parties an Elec-
tion Report No objections to the conduct of the ballot or to the
Election Report have been filed by any of the parties
As to the balloting and its results, the Regional Director reported
as follows
Nnnibei of eligible___________________________________________ 193
Numbei of ballots cast-------------------------------------- 167
Numbei of blank ballots-------------------------------------- 0
Numbei of void ballots-------------------------------------- 0
Number of ballots challenged (not opened)-------------------- 3
Numbei of valid ballots counted----------------------------- 164
Number of valid ballots counted plus unopened challenged ballots- 167
Numbei of valid ballots necessaiy for majority----------------- 84
Numbei of i alid ballots cast for United Electrical, Radio &
Machine Woikeis of Ameiica, Local 1114, C I 0------------- 134
Number of valid ballots cast against United Electiical, Radio &
Dlaclune Woikeis of Ameiica, Local 1114, C I 0------------- 30
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, 49 Stat 449, and pursuant to Article III, Sections 8 and 9,
of National Labor Relations Board Rules and Regulations-Series 2, as
amended, -
IT Is HEREBY CERTIFIED that United Electrical, Radio & Machine
Woikeis of America, Local 1114, C I O , has been designated and
selected by a majority of all production and maintenance employees,
142 N L I; B 333
42NLRB,No79a
472814-42-vol 42-22 337
338 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
of Tuthill Pump Company, Chicago, Illinois, including inspectors, and
shipping, receiving, and stockroom employees, but excluding super-
visory, clerical, office, and sales employees, as their representative for
the purposes of collective bargaining, and that,*pursuant to Section
9 (a) of the National Labor Relations Act, United Electrical, Radio &
Machine Workers of America, Local 1114, C. I. 0., is the exclusive
representative of all such employees for the pui poses of collective
bargaining in respect to rates of pay, wages, hours of employment, and
other conditions of employment.