White Bros. Smelting Corp.

National Labor Relations Board - Board Decisions

Oct 18, 1945

64 N.L.R.B. 323 (N.L.R.B. 1945)

I
In the Matter of WHITE BROS. SMELTING CORP. and INTERNATIONAL'
UNION- OP MINE, MILL AND SMELTER WORKERS, CIO
Case No. 41-R-1768.-Decided October 18, 1945
Mr. Thomas M. Hindman, of Philadelphia, Pa., for the Company.
Mr. James Hill, of Baltimore, Md., for the CIO.
Syme and Sirno'ns, by Mr. Mavrice Abrams, Philadelphia, Pa.,
for the A. F. L.
Mr. Joseph D. Manders, of counsel to the Board. , -
DECISION
AND -
DIRECTION OF" ELECTION
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 question
affecting commerce had arisen concerning the representation of em-
ployees of White Bros.- Smelting Corp., Philadelphia., Pennsylvania,
herein called the Company, the National Labor Relations Board pro-
vided for an appropriate hearing upon due notice before Eugene M.
Purver, Trial Examiner. The hearing was held at Philadelphia,
Pennsylvania on July, 25, 1945. The Company, the CIO, and Local 57,
International` Hod Carriers, Building and Common Laborers' Union,
Laboren'`Dxstrict Council of Philadelphia, AFL, herein called the
AFL, appeared, and participated. All parties were afforded full op-
portunity 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. ,All parties were afforded an opportunity, to file
briefs with,the Board.
Upon the entire record in the case, the Board makes the following:
FINDINGS, OF FACT
I. ,THE -BUSINESS OF THE •COMIPANY
White Bros. Smelting Corp., a Maryland corporation, is engaged
in the manufacturing process of Smelting.- copper and brass. Its sole
64 N. L. R. B., No. 59.
. 323
324 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
plant, located in Philadelphia, Pennsylvania, is involved in the present
proceeding. During 1944 the Company purchased raw materials;
consisting principally of copper and brass, valued at approximately
$3,500,000, 50 percent of which was shipped to the Company's plant
from points outside the Common*ealth'of Pennsylvania. During the
same period, the Company manufactured finished products valued at
approainiately $4,500,000, 50 percent of which was shipped to points
outside the Commonwealth of Pennsylvania.
The Company, admits,that its operations affect commerce within
the meaning of the National Labor Relations Act, and,we so find.
II. TIIE ORGANIZATIONS INVQLVED
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, i's ' a labor organization
admitting to membership employees-of the Company.
•III. THE QUESTION CONCERNING REPRESENTATION
'l'he Company and the AFL entered into a'collective bargaining con
tract on August.1, 1944. The contract provides that it shall remain
in effect until'August 1,' 1945; acid continue in effect from year to
year thereafter unless-and until written notice is given by either party
60 days prior to the "termination date. 'On May 23;.1945, the CIO
filed with the, Board's Regional Office a petition for certification of
representatives, wherein it claimed to represent a majority, of the'
Company's'production and maintenance employees.*, On of about May'
23', 1945, 'the Board's Region'al' Director notified the Company of the
filing of the-CIO's petition."Ili its reply to the Regional Director,
the Company' stated, in effect, that it declined to recognize the CIO
on the ground that its current contract with the AFL operates as
a' bar to an 'immediate determination of representatives. However,
of the hearing,'both4the'Company'and the AFL took a neutral position
on the question'of whether or, not the August 1, 1944, contract operates
as a bar.
As noted above, the CIO filed its petition for certification well in
ad'vance of the automatic` renewal `date. Although a more direct
notification to the Company of the CIO's claim to representation
,would have been highly desirable, the Board has customarily held
that the filing of a petition prior to the automatic renewal of an exist-
ing contract, is • suflicient,,to prevent it from* operating as 'a, bar, to a
WHITE BROS. SMELTING CORP. 325
representation proceeding.' - We, therefore, find that the contract' of
August 1, 1944, does not bar an immediate determination of repre-
sentatives.'
A statement of a Board agent, introduced into evidence at -the
hearing, indicates that the CIO represents a substantial number of
employees in the unit hereinafter found appropriate.3
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.
1V. TI-IE APPROPRIATE UNIT
The .parties stipulate, and we find, that all production and main-
tenaiice employees, excluding outside truck drivers, outside salesmen,
laboratory workers,` guards and watchmen, office and clerical em
ployees, assistant foremen, foremen, and all or any other supervisory
employees with authority 'to hire, promote, dischitrge, discipline, or
otherwise effect changes in the status of employees, or effectively
recommend such action, constitute a• unit appropriate for the purposes
of collective bargaining within the meaning of Section 9 (b) of the
Act. -
V. TIIE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among the en-
ployees in the appropriate unit 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 4
DIRECTION OF, ELECTION
By virtue of and'pursu,ant to the power vested in the,Natlonal Labor
Relations Board by Section 9 (c) of the National Labor Relations
Act, and pursuant to Article III, Section 9, of, National Labor Rela-
tions 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 White Bros.
Smelting Corp., Philadelphia, Pennsylvania, an election by secret
ballot shall be conducted as early as possible, but not later than thirty
'See Hatter of Portland Lumber Mills, 56 N L R B 1336
2 Cf Matter of White Bros Smelting Corporation, 61 N. L R Ii 340.
The Field Examiner reported that the CIO submitted 166 membership authorization
cards, and that the cards were dated in October, November, and December 1944 and January,
February, March, and May 1945 Twenty-six cards were undated. There are 202 em-
ployees in the proposed unit. The AFL relies upon its current contract as evidence of its
interest
' The CIO waved any right it may, possess to object to this election because of the charges
tiled against the Company in Hatter of White Bvos Smelting Corp , Case No 4-C-1503
326 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
(30) days from. the date of this Direction, under the direction and
supervision of the Regional Director for the Fourth 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 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 period 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 those employees 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 represented by
International Union of Mine, Mill and Smelter Workers, CIO, or by
International Hod Carriers, Building and Common Laborers' Union,
Laborers' District Council of Philadelphia, A. F. L., for the purposes
of collective bargaining, or by neither.
MR.-GERARD D. REILLY took no part in the consideration of the
aboye, Decision and Direction 'of Election.
11