United Boiler Heating & Foundry Co., Inc.

National Labor Relations Board - Board Decisions

Aug 19, 1943

51 N.L.R.B. 1453 (N.L.R.B. 1943)

In the Matter of UNITED BOILER HEATING & FOUNDRY Co., INC., and
LOCAL 654 , INTERNATIONAL ASSOCIATION BRIDGE, STRUCTURAL AND
ORNAMENTAL IRON WORKERS (A. F. L.)
Case No. R-5659.-August 19, 1941
Mr. George S. Freudenthal, for the Board.
Messrs. C. N. Nau, Charles J. Nau, and M. A. Maher, of Hammond,
Ind., for the Company.
Messrs. J. A. Evensen and Emil W. Lestina, of Chicago, Ill., for
the Iron Workers.
Mr. Martin S. Petersen, of Hammond, Ind., for the Boilermakers.
Miss Olive N. Barton, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by Local 654, International Association
Bridge, Structural and Ornamental Iron Workers (A. F. L.), herein
called the Iron Workers, alleging that a question affecting commerce
had arisen concerning the representation of employees of United Boiler
Heating & Foundry Co., Inc., Hammond, Indiana, herein called the
Company, the National Labor Relations Board provided for an appro-
priate hearing upon due notice before Russell Packard, Trial Exam-
iner. Said hearing was held at Chicago, Illinois, on July 9, 1943.
The Company, the Iron Workers, and Local 374, International
Brotherhood of Boilermakers, Iron Ship Builders and Helpers of
America, herein called the Boilermakers, appeared, participated, and
were afforded full opportunity to be heard, to examine and cross-
examine witnesses, and to introduce evidence bearing on the issues.
At the hearing, the Boilermakers moved to dismiss the petition herein.
This motion was referred to the Board. For reasons appearing here-
inafter, the motion is denied. The Trial Examiner's rulings made at
the hearing are free from prejudicial error and are hereby affirmed.
All parties were afforded opportunity to file briefs with the Board.
51 N. L. R. B., No. 235.
1453
1454 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
United Boiler Heating & Foundry Co., Inc., an Indiana corporation,
is engaged in the engineering, fabricating and manufacturing of steel
and iron products. The sales for the calendar year 1942 exceeded
$1,000,000, of which 80 to 85 percent of the finished products was
shipped to points outside the State of Indiana.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
Local 654, International Association Bridge, Structural and Orna-
mental Iron Workers and Local 374, International Brotherhood of
Boilermakers, Iron Ship Builders and Helpers of America, are labor
organizations affiliated with the American Federation of Labor,, ad-
mitting to membership employees of the Company.
M. THE QUESTION CONCERNING REPRESENTATION
In February 1943, the Iron Workers requested that the Company
enter into collective bargaining relations with it on behalf of certain
employees. The Company refused, pending Board approval of the
unit sought by the Iron Workers.
A statement of the, Regional Director, introduced in evidence at the
hearing, indicates that the Iron Workers represents a substantial
number of employees within the unit,herein found appropriates
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.
'The Regional Director reported that the Iron Workers submitted 21 applications for
membership , of which 13 bore apparently genuine original signatures corresponding with
names on the Company 's pay roll of April 27, 1943, which pay roll contained the names
of 17 persons in the appropriate unit. The cards were dated between June 1937 and
April 1943.
The Boilermakers submitted no cards, relying upon its past bargaining relationship
with the Company as evidenced by contract and letter covering rules, agreements and
classifications of work of boiler-shop employees to establish its interest . The Boilermakers
stated that it was not interested in representing any of the employees considered herein,
but apparently claims that certain work performed in the structural department should
be done in the boiler shop . - It therefore contends that there is a jurisdictional dispute requir-
ing dismissal of the petition . We find no merit in this contention . The mere claim to
jurisdiction over some of the work performed in the structural department does not
amount to a jurisdictional conflict of a sort which should preclude the Board from deter-
mining the merits of this case . See Matter at The Riverside and Fort Lee Ferry Co.,
23 N. L . R. B. 493.
UNITED BOILER HEATING & FOUNDRY CO., INC. 1455
IV. THE APPROPRIATE UNIT
The Company and the Iron Workers agree, without objection by
the Boilermakers, that all structural steel and ornamental iron workers,
including apprentices in the fabricating, structural and ornamental
iron department of the Hammond plant of the Company constitute
an appropriate bargaining unit. They also agree that the foreman
should be excluded,2 but that the assistant foreman should be included.
Both parties agree that the operators of the oxweld cutting machine
placed for the use of both departments between the boiler shop and
the structural department, which employees are boilermakers at pres-
ent and are carried on the boilermakers' pay roll, should not be included
in this unit. We shall exclude them.
Accordingly, we find that all structural steel and ornamental iron
workers, including apprentices, but excluding the foreman and the
oxweld machine operators, constitute a unit appropriate for the pur-
poses 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 an election by secret ballot among the em-
ployees in the appropriate unit who were employed during the pay-roll
period immediately preceding the date of our Direction of Election
herein, subject to the limitations and additions set forth in the Direc-
tion. Inasmuch as the Boilermakers made no showing of representa-
tion or other evidence of interest in the unit found appropriate, we
shall not accord it a place upon 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 Relations 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 United Boiler
Heating & Foundry Co., Inc., Hammond, Indiana, 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 Thirteenth Region,
2 The Iron Workers withdrew its original request for the inclusion of the foreman when
informed of the Board 's general rule excluding from units all supervisory employees who
have authority to hire , promote , discharge , discipline , or otherwise effect changes in the
status of employees , or effectively recommend such action . The foreman in this case pos-
sesses this power, but the assistant foreman does not.
1456 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
acting in this matter as agent for the National Labor Relations Board,
and subject to Article III, Section 10, 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 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, to
determine whether or not they desire to be represented by Local 654,
International Association Bridge, Structural and Ornamental Iron
Workers (A. F. of L.), for the purposes of collective bargaining.
CHAIRMAN Mums took no part in the consideration of the above
Decision and Direction of Election.