Wyman-Gordon Co.

National Labor Relations Board - Board Decisions

Jan 18, 1957

117 N.L.R.B. 75 (N.L.R.B. 1957)

WYMAN-GORDON CO. 75
delay" 2 days before the election, accompanied by antiunion state-
ments, was calculated to, and did, interfere with a free election a
I would therefore, set aside the election.
CH 1nRMAN LEEDOM took no part in the consideration of the above
Supplemental Decision and Certification of Results of Election.
3 See Le Roi Company, 105 NLRB 309.
Wyman-Gordon Co., Ingalls Shepard Division and International
Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths,
Forgers & Helpers, AFL-CIO 1 and International Union,
United Automobile, Aircraft & Agricultural Implement Work-
ers of America, AFL-CIO,2 Petitioners . Cases Nos. 13-RC-4916
and 13-RC-4997. January 18,1957
DECISION AND DIRECTION OF ELECTIONS
Upon separate petitions duly filed under Section 9 (c) of the Na-
tional Labor Relations Act, a consolidated hearing was held before
Rush F. Hall, hearing officer. The hearing officer's rulings made at
the hearing are free from prejudicial error and are hereby affirmed'
Upon the entire record in this case, the Board finds:4
1. The Employer is engaged in commerce within the meaning of
the Act.
2. The labor organizations involved claim to represent certain em-
ployees of the Employer.5
1 Herein referred to as the Boilermakers.
m Herein referred to as the UAW.
3 The Employer moved that the UAW's petition be dismissed and that the petitions herein
not be consolidated because the UAW's showing of interest was untimely made. The
Board has consistently held that showing of interest is a matter for administrative de-
termination and cannot be litigated in a representation proceeding . California Furniture
shops, Ltd., 115 NLRB 1399. Moreover, we are administratively satisfied with the UAW's
showing of interest in this proceeding.
The Employer also contends that both petitions are barred on the ground that a peti-
tioner who withdraws a petition is prohibited from again filing a new petition affecting
the same employer and employees for a period of 6 months . The Board 's records show
that the Boilermakers and the UAW did file and withdraw petitions less than 6 months
prior to their filing of the petitions herein , but the withdrawals in both cases were made
without prejudice to the filing of new petitions . We find no merit in the Employer's con-
tention as the limitation alleged by the Employer applies only to cases where the Peti-
tioner 's withdrawal has been with prejudice
4 The Employer's request for oral argument is hereby denied as the record and the briefs
adequately present the issues and positions of the parties
5E+mployees Independent Union of Wyman-Gordon, hereinafter called the Independent,
was permitted to intervene in both cases on the basis of its contractual interest. The
TIAW intervened in Case No. 13-RC-4916, on the basis of a showing of interest.
The Employer would not stipulate that the Boilermakers and the UAW are labor organ-
izations . Moreover , the Boilermakers and the UAW refused to stipulate as to the Inde-
pendent's status as a labor organization . The record reveals that all three organizations
exist for the purpose of bargaining collectively on behalf of their members with Employ-
117 NLRB No. 23.
76 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
3. A question affecting commerce exists concerning the representa-
tion of employees of the Employer within the meaning of Section 9'
(c) (1) and Section 2 (6) and (7) of the Act.
The Employer and the Independent assert their contract effective
November 9, 1955, to November 1, 1957, as a bar to the present peti-
tions. The UAW and the Boilermakers contend that this contract is
a premature extension of an earlier agreement between the Employer
and the Independent and therefore is not a bar to this proceeding.
The Employer and the Independent argue that the premature exten-
sion rule should not be applied because certain extraordinary cir-
cumstances rendered the execution of the 1955 contract necessary.
On November 10, 1954, the Employer and the Independent signed
a contract covering the Employer's production and maintenance em-
ployees, including employees sought herein by the Boilermakers.
This agreement was to remain in effect until June 30, 1956, and to
renew itself automatically for annual periods thereafter unless either
party gave notice of its desire to amend or terminate at least 60 days
before the anniversary date. On November 9, 1955, the Employer
and Independent signed a supplementary agreement extending the
term of their agreement to November 9, 1957. The petition in Case
No. 13-RC-4916 was filed March 15, 1956, ,and the petition in Case
No. 13-RC-4997 was filed April 30, 1956. As the Mill B date of the,
1954 contract was May 1, 1956, both petitions were timely filed with
respect to that agreement.
The Employer asserts that the supplementary agreement of Novem-
ber 1955 was executed because of sound business and economic reasons,
and that the contract was ratified by the Independent's membership.6.
The Independent agrees with the position of the Employer and states
that the 1955 agreement was not made to forestall the claims of rival
labor organizations or to frustrate the wishes of the employees to select
other bargaining agents, but rather to maintain stable labor- manage-
ment relations in the plant. In support of its position the Employer
presented evidence showing that wage increases were granted by major
steel producers, fabricators, and automobile and farm equipment com-
panies from the spring of 1955 to January 1956, throughout the Nation
and particularly in the area of the Employer's plant. Apparently
because of this, the Employer opened up its contracts with unions
ers concerning hours, wages , and other conditions of employment . Accordingly, we find
that the Boilermakers , UAW, and Independent are labor organizations within the mean-
ing of the Act Knox Corp, 104 NLRB 789
e The Employer further contends that the individuals who negotiated the 1954 contract
for the Independent are presently officials of the UAW and that then insistence on an
18-month contract without a wage reopener clause precipitated the economic crises neces-
sitating the execution of the 1955 agreement The Employer declares their action was
taken deliberately to create dissatisfaction with the Independent and to cause the defection
of its membership The Employer urges that the application of the premature extension
rule would be inequitable in these circumstances The Employer has not , however, sup-
ported this claim with proof, and we therefore do not find it to have merit.
WYMAN-GORDON CO. 77
representing various segments of its employees in order to grant a
series of wage increases. The Employer negotiated eight such increases
from January 11, 1955, to January 11, 1956,1 including an increase
provided by the agreement here involved which was effective in ter-
minating a strike called by the Independent.
It is apparent that the Independent's contract of November 9, 1955,
executed approximately 6 months before the Mill B date of the Novem-
ber 10, 1954, contract, constituted a premature extension of the 1954
contract. We do not find, in the facts recited by the Employer, suf-
ficient reason to avoid application of the Board's well-established
doctrine that such a contract is not a bar to an election sought by a
petition timely filed with respect to the term of the original agreement.'
Accordingly, we find that there is no bar to a present determination of
representatives.
4. The Boilermakers seeks to sever from an existing production
and maintenance unit represented by the Independent a group of forge
shop employees together with certain categories in the Employer's
furnace department. The UAW seeks to represent a production and
maintenance unit co-extensive with that presently represented by the
Independent. The Employer and the Independent agree that a pro-
duction and maintenance unit is appropriate, but they and the UAW
contend that the unit sought by the Boilermakers is not appropriate
on either a craft or departmental basis.
The Employer manufactures various types of forgings, particularly
crankshafts for the automotive and aircraft industries, in a plant com-
prising nine departments including forge shop, heat treat, finish,
maintenance, electrical shop, boilerhouse, furnace, shipping, and steel
cutting departments. The present production and maintenance unit
numbers 1,139 employees 9 from which the Boilermakers seeks to
sever approximately 550.
7 Over the objection of the Boilermakers and the UAW, the hearing officer allowed the
Employer to present testimony pertaining to its negotiations with unions not a party to
this proceeding . The Boilermakers and the UAW subsequently moved to strike this testi-
mony and the hearing officer referred this motion to the Board . As a representation bear-
ing is a nonadversary proceeding not governed by the usual rules of evidence and as the
testimony is relevant to the Employer 's claim that unusual events required the negotiation
of a supplementary agreement , we shall overrule the objection of the Boilermakers and the
UAW.
8 The Board has customarily held that a new agreement, prematurely extending the term
of a previous one, does not become a bar merely because its execution was dictated by
economic considerations ; nor even where the extended agreement was executed in good
faith ; or ratified by a majority of the employees ; or where the contract was consum-
mated to avoid a strike International Mineral & Chemical Corporation , 113 NLRB 53;
Potash Company of America , 113 NLRB 340 ; American Steel & Ware Division of United
States Steel Corporation, 109 NLRB 373 ; Worthington Corporation, 103 NLRB 1661; and
Albion Malleable Iron Company, 90 NLRB 1640
9 The Employer 's machine shop employees , electricians , and die shop employees are rep-
resented in separate units by affiliates of the International Association of Machinists, In-
ternational Brotherhood of Electrical Workers, and International Die Sinkers Conference,
respectively . These units do not include any of the employees in the forge shop.
78 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The forge shop department includes 4 forge shops, located in sepa-
rate buildings, under the single supervision, on each of 2 shifts, of
a forge shop superintendent.10 The forge shop employees are engaged
in various functions relating to the forging operations, including tasks
that range from janitorial and trucking services to machine operations
requiring widely varying degrees of skill. Thus, although many of
the operations are fairly repetitive and require only a minimum of
experience, the most skilled category, that of the hammermen, who
operate heavy steam type drophammers used to roll, shape, and edge
heated steel billets, requires as much as 5 years of experience in
order to become proficient in all the various forging operations per-
formed by the "units" of crews in which they work.
The furnace department is headquartered in the heat treat de-
partment building and is supervised by a foreman who, like the forge
shop superintendent, reports directly to the Employer's general super-
intendent. Employees of the furnace department maintain furnaces
in both the forge shop and heat treat department.
Specifically the Boilermakers seeks to include in its proposed unit
the forge shop categories of hammermen, die oilers, furnace operators,
upset operators, dammerel twisting machine operators, dammerel
helpers, forging press operators, manipulator operators, tong press
operators, oil carriers, forge shop truckers, and helpers and laborers
in the forge shop. It also seeks the inclusion, if the Board finds that
they may appropriately be joined in the unit, of the following furnace
department categories : furnace repairmen, furnace control men, brick-
masons, brickmason helpers, blacksmiths, blacksmith helpers, and the
welder. It would exclude from the unit the forge shop classifications
of yardmen, diesetters, diesetter'leaders, tumbler repairmen, diesetter
helper, control and visual inspectors, lathe index men, lathe inspectors,
lead cast layout inspectors, lead cast inspector leader, pickle control
inspectors, inspector helpers, oil control man, tool and detail men,
and stock control men.
It is apparent that the unit primarily sought by the Boilermakers
is neither an appropriate craft nor departmental unit, as it consists
of a heterogeneous grouping of employees performing different tasks,
with varying degrees of skill, which cuts across departmental lines.
The forge shop employees, however, constitute a traditional depart-
mental group such as the Board has found may constitute a separate
unit if they so desire, despite a previous history of bargaining in a
broader unit." The Employer and Independent assert, however, that
'0 On the third shift, when comparatively few employees are at work , the skilled work-
men have no supervision and the unskilled employees are under the supervision of the
furnace department
11 Plomb Tool Company, 87 NLRB 134; Green Bay Drop Forge Company, 95 NLRB 1122;
International Harvester Company (Louisville Works ), 100 NLRB 1349 ; The Billings and
Spencer Company, 104 NLRB 928.
WYMAN-GORDON CO. 79
the Boilermakers has not traditionally represented forge shop em-
ployees. We reject this contention as the Boilermakers are, in fact,
a traditional representative of forge shop groups.12 As we have
found that the forge shop employees perform forging operations of
the type which the Board customarily permits to be severed from an
existing plantwide unit, and as the Petitioner is affiliated with an In-
ternational that traditionally represents such units, we shall direct
a separate election among the forge shop department employees to
determine their desires for separate representation.
There remain for consideration several forge shop categories whom
the Boilermakers would exclude from the unit which it seeks. These
employees all work in subdivisions of the forge shop department, are
employed in work relating to the forging process, and are under the
general forge shop supervision. Although most of these employees
are carried on seniority lists other than the forge shop list, this fact
does not preclude their inclusion in a forge shop unit.13 Therefore,
as they are employed in, and are part of, the forge shop department,
we shall include the following categories in the forge shop voting
group : yardmen, diesetters, tumbler repair man, diesetter helper, con-
trol and visual inspectors, lathe index men, lathe inspectors, lead cast
layout inspectors, pickle control inspectors, inspector helpers, oil con-
trol man, and tool and detail men. We shall also include the stock
control men, whose duty it is to keep records of the movement of
steel throughout the forging process from the time of its first receipt
in the forge shop department until it is forwarded to the heat treat
department. All their time is devoted to recording forge shop opera-
tions. Although the record does not specify their work location,
we conclude that their functions are essentially those of plant clerical
employees and, in the absence of any agreement to exclude them, we
include them in the forge shop voting group. There is some sug-
gestion in the record that the diesetter leaders and the lead cast
inspector leader may regularly assume the exercise of supervisory
authority. The record, however, is not sufficient for us to determine
their status. We shall, therefore, permit them to vote subject to
challenge and will further investigate the facts relating to their status
in the event that their votes become determinative of the results of
the election.
1' See cases cited in footnote 11, supra. In these cases , the Petitioner sought and was
granted forge shop units , such as are sought herein The Petitioner therein was the Inter-
national Brotherhood of Blacksmiths, Drop Forgers and Helpers , AFL. The Board takes
judicial notice of the fact that the Blacksmiths and the International Brotherhood of
Boilermakers , Iron Shipbuilders , Blacksmiths , Forgers and Helpers, AFL , merged on
July 7, 1953, to form the International concerned herein. Accordingly , we find the Boil-
ermakers is a traditional representative of forge shop units.
Is The Billings and Spencer Company, supra.
$o DECISIONS OF NATIONAL LABOR RELATIONS BOARD
We shall direct elections by secret ballot among the following
separate groups of employees at the Employer's Harvey, Illinois,
plant: 14
(A) All forge department employees including hammermen, die
oilers, furnace operators, upset operators, dammerel twisting machine
operators, dammerel helpers, forge shop laborers, forging press opera-
tors, oil carriers, manipulator operators, diesetters, diesetter leaders,
diesetter helpers, yardmen, control and visual inspectors, lathe index
men, lathe inspectors, lead cast layout inspectors, tumbler repairmen,
lead cast inspector leader, pickle control inspectors, inspector helpers,
oil control man, tong press operators, forge shop truckers, forge shop
helpers, tool and detail men, and stock control men, but excluding
die shop and die shop maintenance employees, machinists, shear opera-
tors, shear helpers, electricians and all other maintenance employees,
office clerical employees, guards, and supervisors as defined in the Act.
(B) All production and maintenance employees including leaders,
but excluding office clerical employees, plant clerical employees,
guards, canteen employees, laboratory employees, engineering, safety
and first-aid employees, die shop employees who work on dies and
parts of dies used in manufacture and completion of forgings,
machinists, repairmen and repairmen's helpers, truck repairmen,
machine specialists, welders, oilers, cranemen, tuners, their apprentice
and helpers working in and out of the north and south machine shops
of the forge division and machine shop of the heat treat finish divi-
sions, and all construction and maintenance electricians, their helpers
and apprentices, and all guards and supervisors as defined in the Act.''
5. If a majority of the employees in voting group (A) select the
Boilermakers which is seeking to represent them separately, those
employees will be taken to have indicated their desire to constitute
a separate bargaining unit and the Regional Director conducting the
election is instructed to issue a certification of representatives to the
Boilermakers for such unit, which the Board in such circumstances
finds to be appropriate for purposes of collective bargaining. How-
ever, if a majority of the employees in voting group (A) does not
vote for the Boilermakers, such group will appropriately be included
with the employees in voting group (B) and their votes will be pooled
14 We are administratively satisfied that the Boilermakers has a sufficient showing of
interest in the forge shop voting group which we have found appropriate, although it is
broader than that included in the Boilermakers' alternative request. If, however, the
Boilermakers does not desire to proceed to an election in such broader voting group, we
shall permit it to withdraw its petition upon notice to the Regional Director, within 5
days from issuance of this Decision and shall thereupon vacate the Direction of Election.
This unit description is in substantial accord with the contract unit presently repre-
sented by the Independent. The Boilermakers has indicated that it does not desire to
appear on the ballot in the production and maintenance unit ,
GENERAL REFRACTORIES COMPANY 81
with those in voting group (t).11 The Regional Director conducting
the election is instructed to issue a certification of representatives to
the labor organization elected by a majority of the employees in the
pooled group which the Board in such circumstances finds to be appro-
priate for purposes of collective bargaining.
[Text of Direction of Elections omitted from publication.]
MEMBER MURDOCK took no part in the consideration of the above
Decision and Direction of Elections.
is If, the votes are pooled , they are to be tallied in the following manner : the votes for
the Boilermakers shall be counted as valid votes , but neither for nor against UAW or the
Independent which seek to represent these employees in the more comprehensive produc-
tion and maintenance unit ; all other votes are to be accorded their face value whether
for representation by a union seeking the comprehensive unit or for no union.
General Refractories Company and International Association of
Machinists , AFL-CIO, Petitioner . Cave No. 6-RC-1797. Janu-
ary 18, 1957
DECISION AND DIRECTION OF ELECTION
Upon a petition duly filed under Section 9 (c) of the National Labor
Relations Act, a hearing was held before Donald J. Myers, hearing
officer. The hearing officer's rulings made at the hearing are free from
prejudicial error and are hereby affirmed.
Upon the entire record in this case, the Board finds :
1. The Employer is engaged in commerce within the meaning of the
Act.
2. The labor organizations involved claim to represent certain
employees of the Employer.
3. Since 1944 the Intervenor, United Construction Workers, Divi-
sion of District 50 United Mine Workers of America, on behalf of
itself and Local Union No. 290, has represented a unit of production
and maintenance employees at the Employer's Claysburg, Pennsyl-
vania, operation, where the Petitioner now seeks to sever a unit of
machine shop employees. Successive contracts have been executed
since then, with the last one timely opened for negotiation of a new
contract by letter of May 11, 1956. A stipulation agreement of July
10, 1956, providing that either party might terminate on 10 days'
notice, continued the contract indefinitely beyond its July 15 anni-
versary date. The petition here was filed June 20, 1956. A separate
pension agreement between the Employer and the Intervenor runs
until July 15, 1957. Both the Employer and the Intervenor urge
dismissal of the petition on the ground of contract bar. It is well
117 NLRB No. 20.
423784-57-vol. 117-7