White Bros. Smelting Corp.

National Labor Relations Board - Board Decisions

Apr 5, 1945

61 N.L.R.B. 340 (N.L.R.B. 1945)

In the Matter of WHITE BROS. SMELTING CORP. and INTERNATIONAL
UNION OF MINE, MILL & SMELTING WORKERS, CIO
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Case No. 4-R-1610.Decided April 5, 1945
Mr. Thomas N. Hyndman, of Philadelphia, Pa., for the Company.
Mr. William T. Moriarty, of Waterbury, Conn., for the CIO.
Messrs. Syme,& Simons, by Mr. Maurice Abrams, of Philadelphia,
Pa., for the AFL.
Mr. Sidney Grossman, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon a petition duly filed by International Union of Mine, Mill &
Smelter Workers, CIO, herein called the CIO, alleging that a ques-
tion affecting commerce had arisen concerning the representation of
employees of White Bros. Smelting Corp., Philadelphia, Pennsyl-
vania, herein called the Company, the National Labor Relations
Board provided for an appropriate hearing upon due notice before
Geoffrey J. Cunniff, Trial Examiner. Said hearing was held at
Philadelphia, Pennsylvania, on February 20, t945. The Company,
the CIO, and Local 57, International Hod Carriers, Building and
Common Laborers' Union, Laborers' District Council of Philadelphia,
AFL, herein called the AFL, appeared and participated. All parties
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 AFL moved to dismiss the petition on the ground
that no question concerning representation has arisen. Ruling was
reserved for the Board. For the reason set forth in Section III,
infra, the motion is granted. The Trial Examiner'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. L. R. B., No. 46.
340
WHITE BROS. SMELTING CORP. ¶341
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
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White Bros. Smelting Corp., a Maryland corporation, is engaged
in the business of Smelting copper and brass at Philadelphia, Penn-
sylvania. During the year 1944, the Company purchased raw
materials consisting principally of copper and brass, amounting to
$3,500,000 in value of which 50 percent was secured from sources out-
side the Commonwealth of Pennsylvania. During the same period,
the Company's finished products approximated $4,500,000 in value,
of which 50 percent was shipped to points outside the Commonwealth
of Pennsylvania.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
International Union of Mine, Mill & Smelter Workers, affiliated
with the Congress of Industrial Organizations, is a labor organization
admitting to membership employees of the Company.
Local 57, International Hod Carriers, Building and Common La-
borers' Union, Laborers' District Council of Philadelphia, affiliated
with the American Federation of Labor, is a labor organization ad-
mitting to membership employees of the Company.
III. THE ALLEGED QUESTION CONCERNING REPRESENTATION
On November 28, 1944, the CIO addressed a letter to the Company
wherein it requested recognition as the bargaining representative of
the Company's employees. By letter dated November 30, 1944, the
Company refused to accord recognition to the CIO in view of an exist-
ing agreement between the Company and the AFL.
The Company and the AFL entered into a written collective bar-
gaining agreement on November 1, 1943. Prior to its expiration on
August 1, 1944, the agreement was extended through an interchange
of letters for a period of 1 year. Both the Company and the AFL
maintain that the agreement of November 1943, as extended, consti-
tutes a bar to this proceeding. The CIO, however, contends that the
AFL's ineffectiveness as a labor organization warrants a present deter-
mination of its status as the bargaining representative of the Com-
pany's employees. The evidence does not support the CIO's conten-
tion. The AFL maintains an office, conducts regular monthly meet-
ings, and has a business agent available for consideration of employees'
342 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
grievances. Although it has agreed not to invoke the closed-shop
provision of its agreement with the Company for the period of the
war's duration, it continues to issue work permits to new employees
and has been active in seeking to effect wage adjustments for the
employees. Although there may be a considerable group of employees
who are dissatisfied with the representation accorded them by the
AFL,1 the record clearly discloses that the AFL has not ceased to
function as the bargaining representative of the Company's employees
and that, in general, the provisions of its agreement with the Company
have been observed. The circumstances here present do not, therefore,
warrant a departure from the established principle that a valid exist-
ing contract of reasonable duration constitutes a bar to a determination
of representatives during its term. Accordingly, we find that the
agreement between the Company and the AFL constitutes a bar to a
present determination of representatives. We shall therefore dismiss
the petition without prejudice to the right of the petitioner seasonably
to file a new petition.'
ORDEI
Upon the basis of the above findings of fact, and the entire record
in the case, the Board hereby orders that the petition for investigation
and certification of representatives of employees of White Bros. Smelt-
ing Corp., Philadelphia, Pennsylvania, filed by International Union
of Mine, Mill & Smelter Workers, CIO, be, and it hereby is, dismissed
' The Field Examiner reported that the CIO submitted 138 authorization cards , of which
127 bore dates between October and December 1944, and 11 were undated . The cards were
not checked against the Company roll. There are 219 employees in the alleged appropriate
unit.
2 Matter of Creamer & naniap . 60 N L R B. 437 ; Mattel of Junior Mercantile Stores
Division, West Virginia Coal & Coke Corporation, 58 N L. R B. 1 ; Matter of New York
Central Iron Works, 56 N . L. R. B. 812.