Walworth Co.

National Labor Relations Board - Board Decisions

Sep 1, 1939

15 N.L.R.B. 53 (N.L.R.B. 1939)

In the Matter of WALwoRTH COMPANY and PATTERN MAKERS' Asso-
CIATION OF PITTSBURGH AND VICINITY, PATTERN MAKERS ' LEAGUE OF
N. A., AFFILIATED WITH A. F. OF L.
In the Matter Of WALWORTH COMPANY and STEEL WORKERS' ORGAN-
IZING COMMITTEE ON BEHALF OF THE A. A. I. S. T . OF N. A.
Cases Nos. R-647 and R-6418, respectively
SUPPLEMENTAL DECISION
ORDER
AND
CERTIFICATION OF REPRESENTATIVES
September 1, 1939
On August 2, 1938, the National Labor Relations Board, herein
called the Board, issued in the above-entitled proceeding a Decision
and Direction of Election.' The Direction of Election provided
that an election by secret ballot be held among all employees in the
pattern shop at the Greensburg, Pennsylvania, plant of the Wal-
worth Company, who were employed during the pay-roll period
ending December 30, 1937, exclusive of the foremen and those who
have since quit or been discharged for cause, to determine whether
or not they desired to be represented by Pattern Makers' Associa-
tion of Pittsburgh and Vicinity, Pattern Makers' League of North
America, herein called the Association, affiliated with the American
Federation of Labor,. or by Steel Workers' Organizing Committee,
herein called the S. W. O. C., for and on behalf of Amalgamated
Association of Iron, Steel and Tin Workers of North America,
herein called the Amalgamated, . affiliated -with the Committee for
Industrial Organization, for the purpose of collective bargaining,
or by neither.
In addition, the Board found that the S. W. O. C., for and on
behalf of the Amalgamated, represents a majority of the production
and maintenance employees, exclusive of supervisors and clerks,
irrespective of the inclusion or exclusion of the pattern makers.
18 N. L. R. B. 765.
15 N. L . R. B., No. 7.
53
199549-39-vol. 15-5
54 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The Board, however, withheld its certification of the S. W. O. C.,
for and on behalf of the Amalgamated, as the bargaining repre-
sentative of the plant unit until the election ordered among the pat-
tern makers had been held and a determination made as to whether
or not the pattern makers were to be included therein.
On August 13, 1938, the Board advised the Regional Director that
the S. W. O. C. had filed with it a petition for oral argument, and
instructed the Regional Director to postpone the counting of the
ballots cast in the election until after such oral argument was had.
Pursuant to the Direction of Election, an election by secret ballot
was conducted on August 19, 1938, in the pattern shop of the Wal-
worth Company, at its Greensburg, Pennsylvania, plant, under the
direction and supervision of the Regional Director for the Sixth
Region (Pittsburgh, Pennsylvania). At the close of the balloting
period, the ballot box was sealed in the presence of the observers
for both parties and the seal was signed by each of said observers.
On July 18, 1939, pursuant to notice, a further hearing was held
before the Board in Washington, D. C., for the purpose of oral
argument. The Association and the S. W. O. C. were represented
and participated in the oral argument.
On August 2, 1939, pursuant to instructions issued by the Board
on July 24, 1939, the Regional Director caused the ballots cast in
the election to be counted. On August 4, 1939, the Regional Direc-
tor, acting pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 2, issued and duly
served upon the parties an Intermediate Report on the election. No
objections to the Intermediate Report were filed within the time
allotted. The Regional Director certified that the ballot was fairly
and impartially conducted and that the ballots cast were duly and
fairly counted under his supervision and that there had been filed
with him by the tellers statements to that effect.
As to the balloting and its results, the Regional Director reported
the following :
Total number of employees eligible to vote-------------------- 40
Total number of ballots-------------------------------------- 40
Total number of blank ballots-------------------------------- 0
Total number of void ballots--------------------------------- 0
Total number of challenged ballots---------------------------- 0
Total number of ballots cast for Steel Workers' Organizing
Committee on behalf -of Amalgamated Association of Iron,
Steel and Tin Workers of North America, affiliated with the
C. I. 0--------------------------------------------------- 18
Total number of ballots cast for Pattern Makers' Association
of Pittsburgh and Vicinity, Pattern Makers' League of North
America, affiliated with the A. F. of L----------------------- 18
Total number of ballots for neither organization-------------- 4
WALWORTH COMPANY 55
The results of the election show that no collective bargaining
representative has been selected by a majority of the employees,
exclusive of foremen, in the pattern shop of the Walworth Com-
pany, at its Greensburg, Pennsylvania, plant. In addition, neither
the Association nor the S. W. O. C., for and on behalf of the
Amalgamated, received a plurality of the votes. In view of this
-latter circumstance we are unable to follow our usual practice of
conducting successive run-off elections, eliminating from each suc-
cessive ballot the organization receiving the lowest number of votes
in the preceding ballot until a representative has been selected by a
majority or a majority has signified that none of the contestant
organizations is desired as a representative for collective bargain-
ing.2 The petition for investigation and certification of representa-
tives of employees in the pattern shop of the Walworth Company,
at its Greensburg, Pennsylvania, plant, filed by Pattern Makers'
Association of Pittsburgh and Vicinity, Pattern Makers' League of
North America, affiliated with the American Federation of Labor,
will therefore, be dismissed. However, in view of the fact that the
election we are considering was conducted more than a year ago,
we will entertain a new petition promptly if either organization
hereafter desires to file one.
Pursuant to the findings made in the above-entitled proceeding,
issued on August 2, 1938,$ the S. W. O. C., for and on behalf of the
Amalgamated, will be certified as the exclusive representative of
the production and maintenance employees of the Walworth Com-
pany, at its Greensburg, Pennsylvania, plant, exclusive of super-
visors, clerks, and employees in the pattern shop.
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, 49 Stat. 449, and pursuant to Article III, Sections
8 and 9, of National Labor Relations Board Rules and Regulations-
Series 2,
IT IS HEREBY CERTIFIED that Steel Workers' Organizing Committee,
on behalf of Amalgamated Association of Iron, Steel and Tin
Workers of North America, affiliated with the Committee for In-
dustrial Organization, has been designated and selected by a ma-
jority of the production and maintenance employees of the Walworth
Company, at its Greensburg, Pennsylvania, plant, excluding super-
visors, clerks, and employees in the pattern shop as their repre-
2 See Matter of Aluminum Company of America and its Wholly Owned Subsidiary Caro-
lina Aluminum Company and International Union, Aluminum Workers of America,
12 N. L. E. B. 237.
a 8 N. L . It. B. 765.
56 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
sentative for the purposes of collective bargaining, and that pursuant
to the provisions of Section 9 (a) of the Act, Steel Workers'
Organizing Committee, on behalf of Amalgamated Association of
Iron, Steel and Tin Workers of North America, affiliated with the
Committee for Industrial Organization, is the exclusive, representa-
tive of all such employees for the purposes of collective bargaining
in respect to rates of pay, wages, hours of employment, and other
conditions of employment.
ORDER
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, 49 Stat. 449, and pursuant to Article III, Sections
8 and 9, of National Labor Relations Board Rules and Regulations-
Series 2,
IT IS HEREBY ORDERED that the petition for investigation and cer-
tification of representatives of employees in the pattern shop of the
Walworth Company, Greensburg, Pennsylvania, at its Greensburg
plant, filed by Pattern Makers' Association of Pittsburgh and Vi-
cinity, Pattern Makers' League of North America, affiliated with
the American Federation of Labor, be, and it hereby is, dismissed.
MR. WILLIAM M. LEISERSON took no part in the consideration of
the above Supplemental Decision, Order, and Certification of Repre-
sentatives.