Robbins & Myers, Inc.

National Labor Relations Board - Board Decisions

Jun 23, 1938

7 N.L.R.B. 1119 (N.L.R.B. 1938)

In the Matter Of ROBBINS & MYERS, INCORPORATED and JOINT AMER-
ICAN FEDERATION COMMITTEE FOR THE ROBBINS & MYERS CO.
PLANT
In the Matter of ROBBINS & MYERS, INCORPORATED and FIREMEN &
OILERS INTL. UNION, AFFILIATED WITH A . F. OF L.
In the Matter Of ROBBINS & MYERS, INCORPORATED and PATTERN
MAKERS LEAGUE OF NORTH AMERICA
Cases Nos. R-739, R-740, and R-741, respectively.Decided June 03,
1938
Electrical Appliances Manufacturing Industry-Investigation of Represent-
atives: controversy concerning representation of employees: majority status
disputed by employer, in one unit ; employer's refusal to grant recognition of
unions as exclusive bargaining agencies in two units until question of represen-
tation is determined by Board; rival organizations-Units Appropriate for
Collective Bargaining: three units : firemen ; pattern makers and pattern
makers apprentices ; production and maintenance workers, exclusive of pattern
makers, pattern makers apprentices, firemen, foremen, assistant foremen,
supervisors in charge of any class of labor, the chief timekeeper, and employees
on the office pay roll ; stipulation as to-Representatives: proof of choice :
stipulation as to majority representation in two units-Certification of Repre-
sentatives: upon proof of majority representation-Election Ordered: in one
unit, pursuant to stipulation.
Mrs. Mary Tel1;er Iliff, for the Board.
Martin & Corry, by Mr. Homer Corry, of Springfield, Ohio, for the
Company.
Mr. Ray Kelsay, of Cincinnati, Ohio, for the Federation.
Mr. Arthur A. Auchey, of Dayton, Ohio, for the Firemen.
Mr. C. D. Madigan, of Cleveland, Ohio, for the League.
Mr. James B. Malone, of Springfield, Ohio, for the Association.
Mr. Willard Y. Morris, of counsel to the Board.
DECISION
CERTIFICATION OF REPRESENTATIVES
AND
DIRECTION OF ELECTION
STATEMENT OF' THE CASE
On April 9, 1938, Joint American Federation Committee for the
Robbins & Myers Co. Plant, herein called the Federation; Interna-
1119
1120 NATIONAL LABOR RELATIONS BOARD
tional Brotherhood of Firemen and Oilers, Local 295, affiliated with
the American Federation of Labor,' herein called the Firemen ; and
Pattern Makers League of North America, herein called the League,
filed with the Regional Director for the Ninth Region (Cincinnati,
Ohio), three separate petitions alleging that questions affecting com-
merce had arisen concerning the representation of employees of
Robbins & Myers Company2 herein called the Company, who are
employed at its plant in Springfield, Ohio, and requesting an investi-
gation and certification of representatives pursuant to Section 9 (c)
of the National Labor Relations Act, 49 Stat. 449, herein called the
Act. On May 6, 1938, the National Labor Relations Board, herein
called the Board, acting pursuant to Section-9 (c) of the Act and
Article, III, Section 3, of National Labor Relations Board Rules and
Regulations-Series 1, as amended, ordered an investigation and
authorized the Regional Director to conduct it and to provide for an
appropriate hearing upon due notice; and the Board further ordered,
pursuant to Article III, Section 10 (c) (2), of said Rules and Regu-
lations, that the three cases be consolidated for the purposes of the
hearing.
On May 12, 1938, the Regional Director, issued a notice of hearing,
copies of which were duly served upon the Company, the Federa-
tion, the Firemen, the League, Robbins & Myers Employees' Asso-
ciation, herein called the Association, a labor organization claiming
to represent employees directly affected by the investigation, and
United Radio, Electrical and Machine Workers of America, affiliated
with the Committee for Industrial Organization, herein called the
United. Pursuant to the notice, a hearing was held on May 19, 1938,
at Springfield, Ohio, before Webster Powell, the Trial Examiner duly
designated by the Board. 'The Board, the Company, the Federa-
tion, and the Association were represented by counsel; and the Fire-
men and the League were represented by their representatives. All,
except the United, which did not enter an appearance, participated
in the hearing. Full opportunity to be heard, to examine and cross-
examine witnesses, and to introduce evidence bearing on the issues
was afforded all parties. During the course of the hearing the Trial
Examiner made several rulings on motions and on objections to the
admission of evidence. The Board has reviewed these rulings and
finds that no prejudicial errors were committed. The rulings are
hereby affirmed.
1 The Firemen 's petition and the Board's order authorizing investigation set forth the
name of the Firemen in the abbreviated form appearing in the caption of this case
2 At the opening of the hearing counsel for the Board moved to amend the formal papers
filed by the Board by striking out the name, Robbins & Myers Company, and substituting
therefor Robbins & Myers , Incorporated . The name of the Company appearing in the
caption of this case conforms to this amendment.
DECISIONS AND O1IDERS` - ' 1121
Upon the'entire record in the case, the Board makes the following:
FINDINGS OF FACT'
I. THE BUSINESS OF ' THE 'COMPANY a
Robbins & 'Myers, Incorporated, is an Ohio corporation, having
its principal place of business in Springfield, Ohio, and is engaged in
the manufacture, sale, and distribution of electric motors, fans, elec-
tric and hand joists, and Moyno pumps. In 1937 more than 40 per
cent of the raw materials used by the Company at its Springfield,
Ohio, plant were obtained outside the State of Ohio ; and 80 per cent
of the goods represented in the gross sales of its finished products
were shipped outside the State of Ohio. The Company has sales
offices in New York City, Philadelphia, Chicago, San Francisco,
Kansas City, Dallas, and New Orleans. Shipments are made to and
from the Company's plant by rail and truck.
II. THE ORGANIZATIONS INVOLVED
Joint American Federation Committee for the Robbins and Myers
Co. Plant is composed of various craft unions in the metal trades,
all affiliated with the American 'Federation of Labor. Its com-
ponent craft unions collectively admit to membership all production
employees, excluding firemen and oilers, pattern makers and ap-
prentices, supervisory employees; foremen, timekeepers, and all con-
fidential and salaried employees.
International Brotherhood of Firemen and Oilers, Local 295, is a
labor organization affiliated with the American Federation of Labor,
admitting to membership only firemen and oilers who work in power
plants.
Pattern Makers. League of North America is a labor organization
affiliated with the American Federation of Labor. It admits to
membership pattern makers and apprentices in the wood and metal
trades.
Robbins & Myers Employees' Association is an unaffiliated labor
organization, admitting to its membership all production employees
in the Company's plant.
III. THE QUESTIONS CONCERNING REPRESENTATION
In February 1938 the Company announced a proposed wage cut.
Thereafter, representatives of the Federation conferred with officials
of the Company and claimed to represent a majority of the produc-
5 The facts set forth in this section are based upon a stipulation entered into by all the
parties.
1122 NATIONAL LABOR RELATIONS BOARD
°tion employees. The Company officials denied the Federation's claim
and refused to grant it exclusive bargaining rights.
The Firemen also approached the Company officials at the time
of the proposed wage cut. There were some negotiations, but they
failed to ripen into an agreement. The officials of the Company
finally informed the representatives of the Firemen that the Company
would not recognize it as the exclusive bargaining agency for the
firemen until so certified by the Board.
The Company at a conference with the representatives of the
League informed them that it would not recognize the League as the
exclusive representative of the pattern makers and apprentices until
it was so certified by the Board.
We find that questions have arisen concerning representation of
employees of the Company.
IV. THE EFFECT OF TIIE QUESTIONS CONCERNING REPRESENTATION UPON
COMMERCE
We find that the questions concerning representation which have
arisen, occurring in connection with the operations of the Company
described in Section I above, have a close, intimate, and substantial
relation to trade, traffic, .and commerce among the several States, and
tend to lead to labor disputes burdening and obstructing commerce
and the free flow of commerce.
V. THE APPROPRIATE UNITS
All parties appearing at the hearing stipulated that there are three
appropriate units among the Company's employees at its Springfield
plant, namely :
1. The firemen employed at the Springfield Plant of Robbins
and Myers, Inc. constitute a unit appropriate for the purposes
of collective bargaining within the meaning of Section 9 (b)
of the said Act.
2. The pattern makers and pattern makers apprentices at the
Springfield plant of Robbins & Myers, Inc. constitute a unit
appropriate for the purposes of collective bargaining within the
meaning of Section 9 (b) of said Act.
3. The production and maintenance workers at the Springfield
plant of Robbins & Myers, Inc. exclusive of pattern makers, pat-
tern makers apprentices, firemen, foremen, assistant foremen,
supervisors in charge of any class of labor, the chief timekeeper
and those employees on the office pay roll constitute a unit ap-
propriate for collective bargaining within the meaning of Section
9 (b) of said Act.
DECISIONS AND ORDERS 1123
Accordingly, we find :
(1) That the firemen employed at the Company's Springfield, Ohio,
plant constitute a unit appropriate for the purposes of collective
bargaining and that said unit will insure to such employees of the
Company the full benefit of their 'right to self -organization and to
collective bargaining and otherwise effectuate the policies of the Act;
(2) That the pattern makers and pattern makers apprentices at
the Company's Springfield, Ohio, plant constitute a unit appropriate
for the purposes of 'collective bargaining and that said unit will in-,
sure to such employees of the Company the full benefit of their right
to self-organization and to collective bargaining and otherwise ef-
fectuate the policies of the Act; and
(3) That the production and maintenance workers at the Com-
pany's Springfield, Ohio, plant, exclusive of pattern makers, pattern
makers apprentices, firemen, foremen , assistant foremen, supervisors
in charge of any class of labor , the chief timekeeper, and those em-
ployees on the office pay roll, constitute a unit appropriate for the
purposes of collective bargaining and that said unit will insure to
such employees of the Company the full benefit of their right to self.
'organization and -collective =-bargaining and otherwise, effectuate the
policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
It was stipulated by all parties appearing at the hearing that the
Firemen represents a majority of the employees in an appropriate
unit composed of firemen; and that the League represents a''majority
of the employees in an appropriate unit composed of pattern makers
and pattern makers apprentices.
We find that International Brotherhood of Firemen and Oilers,
Local 295, affiliated with the American Federation of Labor, has been
designated and selected by a majority of the employees in an ap-
propriate unit as their representative for the purposes of collective
bargaining .. , It is, ' therefore , the exclusive ' representative of -,all, the
employees in such unit for the purposes of collective bargaining, and
we will so certify.
We find that Pattern Makers League of North America has been
designated and selected by a majority of the employees in an ap-
propriate unit as their representative for the purposes of collective
bargaining . It is, therefore , the exclusive representative of all the
employees in such unit for the purposes of collective bargaining, and
we will so certify.
-Representatives _of` the: Association "testified 'atuthe hearing that the
Association was formed in August 1937, at which time they en-
rolled a majority of the Company's production and maintenance em-
1124 NATIONAL LABOR RELATIONS BOARD
ployees. Representatives of the Federation testified that they began
organization among the Company's employees in February 1938,
and that by the end of that month they had achieved a membership
of a majority of the production and maintenance employees. Neither
labor organization introduced evidence sufficient to serve as a basis
for certification. All parties stipulated that the Board should direct
the holding of an election by secret ballot among the Company's
production and maintenance workers, exclusive of pattern makers,
pattern makers apprentices, firemen, foremen, assistant foremen,
supervisors in charge of any class of labor, the chief timekeeper, and
those employees on the',office pay roll,. to determine whether they
desire to be represented by the Federation or by the Association or
by neither. Accordingly, we find that the holding of an election by
secret ballot is necessary to resolve the question which has arisen con-
cerning representation of employees of the Company in this unit.
The Association urges that the date for determining eligibility to
vote in the election should not be a date prior to April 9, 1938, the
date of the filing of the petition. The Federation urges the adoption
of February 28, 1938, as the determinative date, on the ground that
thereafter a substantial number of employees were laid off. A com-
parison of the Company's pay rolls for February 25, 1938, and April
3, 1938, shows that 94 employees were laid off between those two dates.
According to the uncontradicted testimony of a representative of the
Association- the, Company- customarily kept the names of laid-off
employees on the. pay roll for 2 weeks after the lay-off and that
thereafter their names were dropped-from the pay roll, but that em-
ployees who had been laid off without "fault of their own" were "sub-
ject to call" even after their names had been removed from the pay
roll. Under these circumstances the employees laid off after February
28. 1938, may reasonably expect to return to the Company's employ.
Since it is our desire to insure eligibility to the largest number of
employees affected by our determination of representatives, those
eligible to vote in the election shall be the employees in the appro-
priate unit employed during the pay-roll period ending February
25, 1938, which is the pay-roll period immediately preceding February
28, 1938.
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following :
CONCLUSIONS OF LAW
1. Questions affecting commerce have arisen concerning the 'repre-
sentation of employees of Robbins & Myers, Incorporated, Spring-
field, Ohio, within the meaning of Section 9 (c) and Section 2 (6)
and (7) of the, National Labor Relations Act. ,
DECISIONS AND ORDERS 1125
2. The firemen employed at the Company's Springfield, Ohio, plant
constitute a'unit appropriate • for-the purposes of collective bargaining,
within the meaning of Section 9 ( b) of the National Labor Relations
Act.
3. International Brotherhood of Firemen and Oilers , Local 295,
affiliated with the American Federation of Labor, is the exclusive
representative of all the employees in such unit for the purposes of
collective bargaining , within the meaning of Section 9 ( a) of the
National Labor Relations Act.
4. The pattern makers and pattern makers apprentices at the
Company's Springfield , Ohio, plant constitute a unit appropriate
for the purposes of collective bargaining, within the meaning of
Section , 9 ,(b) of ttre National Labor Relations Act.
5. Pattern Makers League of North America, affiliated with the
American Federation of Labor, is the exclusive representative of
all the employees in such unit for the purposes of collective bargain-
ing, within the meaning of Section 9 (a) of the National Labor
Relations Act.
6. The production and maintenance workers at the Company's
Springfield , Ohio, plant , exclusive of pattern makers, pattern makers
apprentices , firemen, foremen , assistant foremen, supervisors in
charge of any class of labor, the chief timekeeper , and those em-
ployees on the office pay roll, constitute a unit appropriate for the
purposes of collective bargaining , within the meaning of Section 9
(b), of the National Labor Relations Act.
CERTIFICATION OF REPRESENTATIVES
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 8, of National
Labor Relations Board Rules and Regulations-Series 1, as amended,
IT is IIEREBY CERTIFIED that International Brotherhood of Firemen
and Oilers , Local 295, affiliated with the - American Federation of La-
bor, has been designated and selected by a majority of the firemen of
Robbins & Myers, Incorporated, Springfield, Ohio, as their repre-
sentative for the purposes of collective bargaining and that, pursuant
to the provisions of Section 9 (a) of the Act , International Brother-
hood of Firemen and Oilers , Local 295, affiliated with the American
Federation of Labor, is the exclusive representative of all such
employees for the purposes of collective bargaining in respect to rates
of pay, wages, hours of employment, and other conditions of employ-
ment; and
IT IS HEREBY CERTIFIED that Pattern Makers League of North
America has been designated and selected by a majority of the pat-
1126 NATIONAL LABOR RELATIONS BOARD
tern makers and pattern makers apprentices of Robbins & Myers,
Incorporated, Springfield, Ohio, as their representative for the pur-
poses of collective bargaining and that, pursuant to the provisions
of Section 9 (a) of the Act, Pattern Makers League of North Amer-
ica is the exclusive representative of all such employees for the pur-
poses of collective bargaining in respect to rates of pay, wages, hours
of employment, and other conditions of employment.
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 Rela-
tions Act, and pursuant to Article III, Section 8, of National Labor
Relations Board Rules and Regulations-Series 1, as amended, it
is hereby
DIRECTED that, as part of the investigation authorized by the Board
to ascertain representatives for the purposes of collective bargaining
with Robbins & Myers, Incorporated, Springfield, Ohio, an election
by secret ballot shall be-conducted within fifteen (15) days from the
(late of this Direction, under the direction and, supervision of the
Regional Director for the Ninth Region, acting in this matter as
agent for the National Labor Relations Board and subject to Article
III, Section 9, of said Rules and Regulations, among the produc-
tion and maintenance workers at the Company's Springfield, Ohio,
plant who were employed during the pay-roll period of February
25, 1938, excluding pattern makers, pattern makers apprentices, fire-
men, foremen, assistant foremen, supervisors in charge of any class
of labor, the chief timekeeper, and employees on the office pay roll
and also excluding those who have since quit or have been discharged
for cause, but including those who have since been laid off only tem-
porarily, to determine whether they desire to be represented by
Joint American Federation Committee for the Robbins & Myers
Co. Plant or by Robbins & Myers Employees', Association, for the
purposes of collective bargaining, or by neither.