Pittsburgh Valve Co., 193 (1962)

National Labor Relations Board

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Pittsburgh Valve Co., 193 (1962)

PITTSBURGH VALVE COMPANY' 193

Pittsburgh Valve Company, Sterling Manufacturing Company, and Hardware Brass Manufacturing Company and United Steelworkers of America, C. I. O. and District 50, United Mine Workers of America, Party to the Contract. Case No.

6-CA-807. October 5, 1955 DECISION AND ORDER

On January 24, 1955, Trial Examiner Ralph Winkler issued his Intermediate Report in the above-entitled proceeding, finding that the Respondents had not unlawfully recognized District 50 as the representative of their employees, as alleged in the complaint, and recommending that the complaint be dismissed in its entirety, as set forth in the copy of the Intermediate Report attached hereto. Thereafter, the Respondents and the General Counsel filed exceptions to the Intermediate Report and supporting briefs.

The Board has reviewed the rulings of the Trial Examiner made at the hearing and finds that no prejudicial error was committed. The rulings are hereby affirmed. The Board has considered the Intermediate Report, the exceptions and briefs, and the entire record in this case and, finding merit in the General Counsel's exceptions, hereby adopts only such of the Trial Examiner's findings and conclusions as are consistent herewith.

The material facts, as set forth in the Intermediate Report, are substantially undisputed. Since 1950, District 50 has been the, contractual representative of the employees of the Morgantown Companies. On April 27, 1951, an inconclusive Board-directed election was held in a single unit embracing the employees of both of those Companies.' Thereafter, while objections to the election, and unfair labor practice charges filed against the Morgantown Companies, were pending before the Board, the Respondents' plants, with substantially the same ownership, control, and management as the Morgantown Companies, commenced operations. These plants were staffed in part by employees who had formerly been employed by the Morgantown Companies; 2 however, all such employees were hired by the Respondents as new employees. Both the Respondents and the Morgantown Companies manufacture brass products for the plumbing industry;

their manufacturing processes are similar; and some of the Respondents' products are utilized in the manufacture of the Morgantown I See Sa-Mor Quality Brass, Inc., 93 NLRB 1225.

2 Contrary to the findings of the Trial Examiner, at the April 1953 hearing date, the Respondents' plants had a total complement of approximately 51 employees in the unit sought by the Steelworkers ; of these employees, only 15 had transferred directly from the Morgantown Companies' plants to the Respondents' plants, and 9 others, who had formerly worked for the Morgantown Companies , were employed by the Respondents, but not until some time had elapsed after their employment by the Morgantown Companies had been -terminated.

114 NLRB No. 50.

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