Washington Metal Trades, Inc.

National Labor Relations Board - Board Decisions

Apr 4, 1945

61 N.L.R.B. 324 (N.L.R.B. 1945)

In the Matter of WASHINGTON METAL TRADES, INC., AND YOUNG IRON
WORKS and UNITED BROTHERHOOD OF WELDORS, GUTTERS & HELPERS
OF AMERICA, LOCAL 9, INDEPENDENT
Case No. 19-R-1./18.Decided April 4, 1945
Grosscup, Morrow & Ambler, by Messrs. John Ambler and George
D. Leonard, of Seattle, Wash., for the Association and the Company.
Mr. Roy J. Evett, of Seattle, Wash., for the Weldors.
Mr. L. Presley Gill, of Seattle, Wash., for Local 79.
Mr. Harry Nathanson, of -counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon an amended petition duly filed by United Brotherhood of
Weldors, Cutters & Helpers of America, Local 9, Independent, herein
called the Weldors, alleging that a question affecting commerce had
arisen concerning the representation of employees of Washington
Metal Trades, Inc., Seattle, Washington, herein called the Associa-
tion, and Young Iron Works, Seattle, Washington, herein called the
Company, the National Labor Relations Board provided for an appro-
priate hearing upon due notice before Joseph D. Holmes, Trial Exam-
iner. Said hearing was held at Seattle, Washington, on February 9,
1945. The Association, the Company, the Weldors, and the Interna-
tional Association of Machinists, Local No. 79, AFL, herein called
Local 79, appeared and participated. All parties were afforded an
opportunity to be heard, to examine and cross-examine witnesses, and
to introduce evidence bearing on the issues. At the hearing Local 79
moved to dismiss the petition and the Trial Examiner referred the
motion to the Board for determination. For reasons set forth in
Sections III and IV, infra, the motion is denied. The Trial Exam-
iner's rulings made at the hearing are free from prejudicial error and
are hereby affirmed. All parties were afforded an opportunity to file
briefs with the Board.
61 N. R . L. B., No. 42. _
324
WASHINGTON METAL TRADES, INC. 325
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE ASSOCIATION AND THE COMPANY
Washington Metal Trades, Inc., is a Washington corporation oper-
ating as a non-profit trade association and consisting of approximately
43 member companies engaged in the metal trades manufacturing
industry in Seattle, Washington. It represents its member companies
in bargaining negotiations and executes collective bargaining agree-'
ments on their behalf. Among its members is the Young Iron Works.
Young Iron Works, a Washington corporation with its principal
office and plant located at Seattle, Washington, is engaged in the
operation of a forge and machine shop, manufacturing products and
equipment for ships and logging. Monthly, the Company purchases
raw materials valued at approximately $40,000, of which approxi-
mately 65 percent is shipped to it from points outside the State Of
Washington. For the same period the Company's gross sales
approximate $125,000, of which 90 percent is shipped to points outside
the State of Washington.
We find that the Association and the Company are engaged in
commerce within the meaning of the National Labor Relations Act.'
II. THE ORGANIZATIONS INVOLVED
United Brotherhood of Weldors, Cutters & Helpers of America,
Local 9, is an unaffiliated labor organization admitting to member-
ship employees of the Company.
International Association of Machinists, Local No. 79, affiliated
with the American Federation of Labor, is a labor organization
admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
In September 1944 the Weldors requested the Company to recognize
it as the exclusive bargaining representative of the Company's
welders and cutters. On October 5, 1944, the Association, on behalf
of the Company, replied that recognition would be accorded any union
that was certified by the Board.
Since 1937 the Association, on behalf of its members, including
the Company, negotiated and executed collective bargaining agree-
ments with Local 79. In 1942, the Association entered into a written
1 In Matter of Washington Metal Trades, Inc ., 43 N. L. R B. 158 , the parties agreed, and
we found that the Association was subject to the jurisdiction of the Board.
326 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
collective bargaining agreement with Local 79 which provided, in
part, as follows :
This Agreement will become effective retroactively to April 1,
1942 and shall remain in effect until May 31, 1943, unless
changed by mutual consent. Should either party desire to
change, modify, or terminate the agreement at the expiration of
such period, written notice must be given to the other party
thirty (30) days in advance of May 31, 1943. If such notice is
not given within such time, the Agreement shall be considered
as automatically renewed for an additional period of one year
and in like manner from year to year thereafter.
In April 1943 Local 79, in accordance with the terms of the agree-
ment, served notice on the Association requesting it to negotiate
changes. Negotiations were conducted, but the contracting parties
failed to agree, and the issues between them were referred to the
Twelfth Regional War Labor Board for settlement.' As of the date
of the hearing herein, although all matters in dispute had been re-
solved, Local 79 and the Association had not entered into a new
written agreement.
While Local 79 and the Association assert that the contract of
December 22, 1942, is a bar to this proceeding, it is clear that Local
79's request in April 1943 forestalled the operation of the automatic
renewal clause contained in that agreement and caused its termination
as of May 31, 1943. Moreover, since Local 79 was not a newly certified
or recognized union at the time the proceedings before the War Labor
Board were initiated and, since 1937, had obtained for the employees
it represented substantial benefits of collective bargaining, we find no
reason to delay a current determination of representatives 3
A statement of a Field Examiner, introduced into evidence at the
hearing, indicates that the Weldors represents a substantial number of
employees in the unit hereinafter found appropriate 4
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 DETERMINATION OF REPRESENTATIVES
The Weldors seeks a unit of all the Company's welders and cutters,-,
excluding supervisory employees. The Company takes no position
with respect to the unit sought except to urge that the welding foreman
2 W. L B. Case No 111-5082-D.
4 See Matter of General Metals Corpoiatwn, 59 N I, R B 1252.
The Field Examiner reported that the Weldors submitted five authorization cards and
that there were five employees in the alleged appropriate unit. Local 79 relies on its con-
tract to substantiate its interest in this proceeding.
5 The Company refers to these employees as welders and burners.
WASHINGTON METAL TRADES, INC. 327
be excluded. Local 79 and the Association contend that a separate
unit of welders and cutters is inappropriate, and that such employees
should be included in a unit of all pooled production and maintenance
workers employed by all members of the Association.
All but one of the Company's welders and cutters are employed in
its prefabrication shop, located in a separate building; one welder
works in the machine shop, where, for the most part, he is set apart
fl om other employees. All these employees devote their entire time
to welding and cutting. First shift welders and cutters in the prefab-
rication shop are under the supervision of a working welding foreman.
The welder in the machine shop and the only welder on the second
shift in the prefabrication shop work under the supervision of a ma-
chine shop foreman,' but they perform the same type of work done by
first shift welders in the prefabrication shop. The working welding
foreman spends approximately 75 percent of his time working with
the tools of his trade, and he devotes the balance of his time to laying
out and assigning work. The record is clear that this employee has
no authority effectively to recommend hire, discharge, promotion, or
other changes in the status of employees. Thus, all welders and
cutters employed by the Company, including the working welding
foreman, form a clearly identifiable and separate group performing
specialized functions, which, absent a compelling history of collective
bargaining on a more comprehensive basis, could constitute an
appropriate unit.
In Matter of Markey Machinery Co.,7 the history of collective bar-
gaining between Local 79 and the Association,8 and the Weldors'
activities in the'Seattle Region, are described as follows :
The Association was organized in 1936 and since that time has
negotiated annual bargaining agreements with various A. F. L.
affiliates, on behalf of its members and other companies which
have expressly so authorized it. About the same time a move-
ment began among the welders in the Seattle area to establish
themselves as a separate bargaining group. As a result, in 1936
the A. F. L. Boilermakers' Union chartered a separate local of
Boilermakers Welders and in 1937 the I. A. M. granted a charter
to Machinists Welders, Local 1351. All machinist welders in
Local 79, the I. A. M. local here involved, transferred their affilia-
tion to Local 1351. Thereafter the welders maintained a
separate identity and in some instances entered into separate
contracts with the Association, acting on behalf of its member
"It appears that there is not enough work to warrant the employment of a welding
foreman on the second shift in the prefabrication shop.
' 54 N. L. R. B 251, decided January 4, 1944.
8 As noted above, the Association has been acting for the Company since 1937.
328 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
firms which employed welders. Toward the end of 1941, how-
ever, the A. F. L. rejected the welders' plea for a separate inter-
national welders' union and 'directed its affiliates to disestablish
their separate welders' locals. The I. A. M. and its Local 79
directed the welders to reaffiliate with Local 79. Instead of
reaffiliating with the I. A. M., the members of Local 1351 organ-
ized an independent welders' union which ultimately became one
local of the Weldors. When the welders broke away from the
A. F. L., the Association continued to bargain only with the
A. F. L. unions, which proceeded again to include welders within
the provisions of their contracts. Thus the Association, in Sep-
tember 1942, negotiated on behalf of the [Markey Machinery Co.,
Inc.] a contract with the I. A. M. which purported to cover
welders. However, there is no evidence that the welders, follow-
ing the organizational schism, have ever acquiesced in the attempt
to merge them into the various A. F. L. craft units. On the
contrary, the fact that the Weldors petitioned for an election
among the [Markey Machinery Co. Inc.'s] welders in January
1942, 9 and are still demanding separate bargaining rights for
welders demonstrates a clear refusal to accede to such a merger.
Thus, it appears that there has been no bargaining in a unit of
welders on an Association-wide basis for approximately 2 years.
Any bargaining in welders' units on an Association-wide basis
which may once have been carried on ceased too long ago.to be
persuasive in the instant proceeding. We find that welders in
the [Markey Machinery Co., Inc.'s] employ may properly con-
stitute an appropriate unit.
In view of all the foregoing facts, it appears that all welders and
cutters employed by the Company, including the working welding
foreman, may properly constitute an appropriate unit, or be bar-
gained for as part of the unit Local 79 currently represents. We
shall, therefore, make no finding at this time as to the appropriate
unit, but shall first ascertain the desires of the employees involved.
We shall direct that an election by secret ballot be held among all
the Company's welders and cutters, including the working welding
foreman, but excluding all supervisory employees with authority to
hire, promote, discharge, discipline, or otherwise effect changes in
the status of employees, or effectively recommend such action, 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, to determine whether they
9 Matter of Washington Metal Trades, Inc., supra ; the Company was one of the em-
ployers named in the petition in that case . The Board dismissed the petition without
determining the issues presented in the instant proceeding.
WASHINGTON METAL TRADES, INC. 329
desire to be represented by the Weldors, or by Local 79, for the pur-
poses of collective bargaining, or by neither. Upon the results of
such election will depend, in part, our determination of the appro-
priate unit. If a majority of those participating in the election select
the- Weldors, they will have indicated their desire to constitute a
separate bargaining unit. If a majority select Local 79, they will
have indicated their desire to be part of the unit presently represented
by Local 79.
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 3, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the, purposes of collective bargaining with Washington Metal
Trades, Inc. and Young Iron Works, an election by secret ballot shall
be conducted as early as possible, but not later than sixty (60) days
from the date of this Direction of Election, under the direction and
supervision of the Regional Director for the Nineteenth Region, acting
in this matter as agent for the National Labor Relations Board, and
subject to Article III, Sections 10 and 11, of said Rules and Regula-
tions, among all welders and cutters of Young Iron Works, Seattle,
Washington, including the working welding foreman, but excluding
all supervisory employees with authority to hire, promote, discharge,
discipline, or otherwise effect changes in the status of employees, or
effectively recommend such action, who were employed during the pay-
roll period immediately preceding the date of this Directiton, includ-
ing employees who did not work during said pay-roll period because
they were ill or on vacation or temporarily laid off, and including em-
ployees in the armed forces of the United States who present them-
selves 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 determine whether they desire to be rep-
resented by United Brotherhood of Weldors, Cutters & Helpers of
America, Local 9, Independent, or by International Association of
Machinists, Local No. 79, AFL, for the purposes of collective bargain-
ing, or by neither.