Walworth Co. Inc.

National Labor Relations Board - Board Decisions

Nov 30, 1942

45 N.L.R.B. 926 (N.L.R.B. 1942)

In the Matter Of WALWORTH COMPANY INC. and UNITED BROTHERHOOD
OF WELDERS, CUTTERS AND HELPERS OF AMERICA
In the Matter Of WALWORTH COMPANY INC. and INTERNATIONAL Asso-
CIATION OF MACHINISTS, DISTRICT No. 9, INTERNATIONAL MOLDERS AND
FOUNDRY WORKERS UNION OF NORTH AMERICA, LOCAL 117, AND LOCAL
B-309, INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS
Cases Nos. R-4494 and R-4495, respectively.Decided November 30,
1942
Jurisdiction : valves and fittings manufacturing industry.
Investigation and Certification of Representatives : existence of question : re-
fusal to accord recognition until certification by the Board ; elections necessary.
Unit Appropriate for Collective Bargaining: determination of appropriate unit
dependent upon elections to be conducted among (1) welders and cutters and
(2) remaining production and maintenance employees, with specified exclusions
from each group.
Mr. T. H. Booth, of Washington Park; Ill., for the Company.
Mr. Nathan J. Kaplan, and Mr. T. M. Conway, of St. Louis, Mo.,
for the Welders.
Mr. Arvel W. Kinney, of St. Louis, Mo., Mr. Edward' Heisler, of
Belleville, Ill., and Mr. George N. Finer, of East St. Louis, Ill., for the
A. F. of L.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
Upon petition duly filed by United Brotherhood of Welders, Cutters
and Helpers of America, herein called the Welders, and a joint peti-
tion filed by-International Association of Machinists, District No. 9.
International Molders and Foundry Workers Union of North Amer-
ica, Local 117, and Local B-309, International Brotherhood of Elec-
trical Workers, herein collectively called the A. F. of L., alleging that
questions affecting commerce had arisen concerning the representation
of employees of Walworth Company Inc., Washington Park, Illinois,
45 N. L R B., No. 136.
926
WALWORTH COMPANY INC. 927
herein called the Company, the National Labor Relations Board pro-
vided for an appropriate hearing upon due notice before Jack G.
Evans, Trial Examiner. Said hearing was held at St. Louis, Missouri,
on November 4, 1942. The Company, the Welders, 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 on the issues. The Trial Examiner's rulings made at the
hearing- are- free, from prejudicial error and are hereby affirmed.
Upon the entire 'record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Walworth Company Inc. operates plants in Massachusetts, 'Penn-
sylvania, Illinois, and Alabama. We are here concerned with its plant
at Washington Park, Illinois, where it is engaged in the manufacture
of cast steel valves and fittings.. The Company purchases monthly for
use at its Washington Park plant raw materials valued in excess of
$30,000, over 50 percent of which is shipped to it from outside Illinois.
Over 50 percent of all products manufactured at the Washington Park
plant are shipped out of Illinois.
II. THE ORGANIZATIONS INVOLVED
United Brotherhood of Welders, Cutters and Helpers of America is
a labor organization, admitting to membership employees of the Com=
pang -
International Association of Machinists, District No. 9, Interna-
tional Molders and Foundry Workers Union of North America, Local
117, and Local B-309, International Brotherhood of Electrical Work-
ers,'are labor organizations affiliated with the American Federation of
Labor, admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company refuses to recognize any' of the labor organizations in
volved until such time as one or the other is certified by the Board.
A statement of the Regional Director, introduced into evidence at
the hearing, indicates that the Welders and the A. F. of L. each repre-
sents a substantial number of employees in the unit alleged by each
to be appropriate., ,
'The Regional Director reported that the welders presented 24 application cards bear-
ing apparently genuine signatures of persons whose names appear on the Company's pay
roll of October 7, 1942 There are 24 employees in the unit alleged to be appropriate by
the welders . The Regional Director further reported that the A . F. of L . presented 466
authorization or membership application cards bearing apparently genuine signatures of
persons whose names appear on the Company's pay roll of October 7 , 1942. There are
approximately 529 persons in the unit urged by the A. F. of L.
928 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
We find that questions affecting commerce have 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 Rela-
tions Act.
IV. THE APPROPRIATE UNIT
The Welders contend that all welders and cutters, excluding fore-
men, constitute an appropriate unit. The, A. F. of L. contends that all
production and maintenance employees of the Company, including
welders and cutters, but excluding supervisory and clerical employees,
plant-protection employees,, and timekeepers,, constitute an appropri-
ate unit. The Company takes no position with respect to the appropri-
ate unit or units.
The welders and cutters at the Washington Park plant of the'
Company are skilled employees and operate tools and equipment which
only they use or are qualified to, use. There is no interchange, of
employees from welding to other jobs or vice versa. On the other
hand, the highly integrated nature of the Company's operations
indicates the propriety of a single unit, including the employees
claimed by the Welders. There has been no history of collective bar-
gaining at the Washington Park plant of the Company either by craft
or industrial unions.
In these circumstances. the employees claimed by the Welders
could function either as a separate unit or as part of a single indus-
trial unit. Accordingly, we shall direct that an 'election be , held
among all welders and cutters at the Washington Park plant of the
Company to, determine whether they wish to be represented by the
Welders, by the A. F. of L:, or by neither; and that a second election
be held among the remaining employees to determine whether or
not they wish to be represented by the A. F. of L. Upon the result
of these elections will depend in part the appropriate unit or units.
If the welders and- cutters select a bargaining representative other
than the representative selected by the employees in the plant-wide
industrial unit, they will constitute a separate and distinct appro-
priate unit. If they choose the same representative as the employees
in the plant-wide industrial unit, they will be merged into a single
unit with such employees.
We find that all production and maintenance ;employees at the
Washington Park plant of the Company, excluding supervisory,
clerical, and plant-protection employees, and timekeepers, may prop-
erly constitute a unit appropriate for the purposes of collective bar-
gaining which would, insure to employees of the Company the full
benefit°of their right to self- organization and to collective bargain-
ing. As indicated above, welders and cutters may or may not be in-
WALWORTH COMPANY INC. _ 929
eluded within such-, unit 'depending upon the results of an election
which we shall direct. We shall, therefore, make no final deter-
mination of the, appropriate unit or units pending the elections which
we shall direct.
V. THE, DETERMINATION OF REPRESENTATIVES
We find that the questions concerning representation which have
'arisen can best be resolved by means of elections by secret ballot
among the employees who were employed during the pay-roll period
immediately preceding the date of the Direction of Elections herein,
subject to the limitations and additions set forth in the Direction.
DIRECTION OF ELECTIONS
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 9, of National Labor
Relations Board Rules and Regulations-Series 2, as amended, it
is hereby
DIREcTI'D that, as part of the investigation to ascertain represent-
atives for the purposes of collective bargaining with Walworth Com-
pany Inc., Washington Park, Illinois, elections by secret ballot shall'
be conducted as soon 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 Fourteenth Region, acting in this
matter as agent for the National Labor Relations Board and sub-
ject to Article III, Section 10, of said Rules and Regulations:
1. Among all welders and cutters at the Washington Park plant of
the Company`. who were employed during the pay-roll period im-
mediately preceding 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 temporarily laid off, but excluding supervisory
employees and employees who have since quit or been discharged for
cause, to determine whether they desire to be represented by United
Brotherhood of Welders, Cutters and Helpers of America, or by
International Association of Machinists, District No. 9, International
Molders and Foundry Workers Union of North America, Local 117,
and Local B-309, International Brotherhood of Electrical Workers,
all affiliated with the American Federation of Labor, for the pur-
poses of collective bargaining, or by neither.
2. Among all production and maintenance employees at the Wash-
ingtonPark plant of Walworth Company Inc., who were employed
during the pay-roll period immediately preceding the date of this
493508-43-vol. 45-59
930 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Direction, including 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 supervisory, clerical, and plant-protection employees,
and timekeepers, welders, cutters, and employees who have since quit
or been discharged for cause, to determine whether or not they desire
to be represented by International Association of Machinists,. Dis:.
trict No. 9, International Molders and Foundry Workers Union of
North America, Local 117, and Local B-309, International Brother-
hood of Electrical Workers, all affiliated with the American Federa-
tion of Labor, for the purposes of collective bargaining.