Ace Foundry, Ltd.

National Labor Relations Board - Board Decisions

Jan 17, 1942

38 N.L.R.B. 392 (N.L.R.B. 1942)

J
In the Matter of ACE FOUNDRY, LIMITED and INTERNATIONAL MOLDERS
& FOUNDRY WORKERS, LOCAL 374, AFFILIATED WITH THE A. F. OF L.
Case No. B-3385 .-Decided January 17, 1942
Jurisdiction : iron and semi-steel castings manufacturing industry.
Investigation and Certification of Representatives : existence of question: re-
fusal to accord union recognition until certified by the Board; election
necessary.
Unit Appropriate for Collective Bargaining : all employees at both plants of the
Company, excluding its corporate officers, foremen , salesmen , the clerical
forces, the watchmen, and those within the pattern makers' trade ; agreement
as to.
M. Leonard Horwin, of Los Angeles, Calif., for the Company.
Messrs. William A. Lazzerini, E. A. Bird, and Reginald T. J.
Prime, of Los Angeles, Calif., for Local 374.
Mr. Reynolds C. Seitz, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On June 25, 1941, International Molders & Foundry Workers,
Local 374, affiliated with the A. F. of L., herein called Local 374,
filed with the Regional Director for the Twenty-first Region (Los
Angeles, California) a petition alleging that a question affecting
commerce had arisen concerning the representation of employees of
Ace Foundry, Limited, Los Angeles, California, herein called the
Company, and requesting an investigation and certification of rep-
resentatives pursuant to Section 9 (c) of the National Labor Rela-
tions Act, 49 Stat. 449, herein called the Act. On October 15, 1941,
the National Labor Relations Board, herein called the Board, acting
pursuant to Section 9 (c) of the Act and Article III, Section 3, of the
National Labor Relations Board Rules and Regulations-Series 2,
as amended, ordered an investigation and authorized the Regional
Director to conduct it and to provide for an appropriate hearing
upon due notice.
38 N L B. B, No. 79.
392
ACE FOUNDRY, LIMITED 393
On November 22, 1941, the, Regional Director issued a notice of
hearing, copies of which were duly served on the Company and
Local 374. Pursuant to notice a hearing was held on December 8,
1941, at Los Angeles, California, before Maurice J. Nicoson, the
Trial Examiner duly designated by the Chief Trial Examiner. The
Company and Local 374 were represented by counsel and partici-
pated 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 various rulings on motions and on objec-
tions to- the admission of evidence . The Board has reviewed the
rulings of the Trial Examiner and finds that no prejudicial errors
were committed . The rulings are hereby affirmed.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Ace Foundry , Limited is a corporation organized under and exist-
ing by virtue of the laws of the State of California and has its
principal office and plant at 8240 South Alameda Street, Los Angeles,
California, where it is engaged in the manufacture, sale, and distri-
bution of grey-iron castings, white-iron castings, semi-steel castings,
and alloy-iron castings . It also operates a plant on 26th Street, Los
Angeles, California , for the same purposes and in a similar manner.
In the conduct and operation of the aforesaid plants, the Company,
in 1940, purchased , among other materials and supplies , sand, pattern
alloys , flour acetelyne gas and welding supplies , scrap iron , lime rock,
soda ash, pitch, pig iron, lumber, sea-coal coke, gainister, grinding
wheels, miscellaneous tools, shovels , riddles, and industrial gas, valued
at $124,235 .37, all of which were purchased from vendors located
within the State of California . More than $43,189.66, or about one-
third, by value , of such materials and supplies was shipped to such
vendors from outside California.'
During the same year the Company sold products manufactured,
processed , and produced by it at the aforesaid plants valued at $367,-
544.51. All the aforesaid products - were either sold or shipped to
purchasers located within the State of California . The various cus-
tomers use the castings purchased from the Company in the manu-
facture, processing , and assembling of articles which the customers
later sell.
i One concern , which supplied the Company with materials valued at $45,787.77, obtained
80 percent of such materials outside California, and 6 other concerns , which supplied the
Company with materials valued at $6,459.44, obtained all such materials outside California.
394 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Upon incomplete data concerning the business of certain of the
Company's customers, we find that 10 concerns, which purchased
products of the Company valued at approximately $68,000, in turn
shipped more than $26,000 thereof, by value, out of California, and
that 5 other concerns,. purchasing products of the Company valued
at approximately $75,000, shipped unspecified but apparently sub-
stantial proportions thereof out of California.
In response to a questionnaire sent out by a Field Examiner of
the Board sixteen concerns doing business with the Company stated
that their business would be adversely affected by cessation of the
Company's operations.' A large proportion of this group asserted
that the defense emergency made it imperative that the Company
remain in operation.
The Company employs approximately 175 persons.
II. THE ORGANIZATION INVOLVED
International Molders & Foundry Workers, Local 374, affiliated
with the A. F. of L., is a labor organization admitting to membership
employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
Early in June 1941, Local 374 presented to the Company its claim
to the right to be recognized as sole representative for collective
bargaining. After several times informing Local 374 that it had
the matter under consideration, the Company stated it would not
bargain with Local 374 without a certification of the Board. Local
374 then filed the petition in this proceeding.
A statement of the Regional Director introduced in evidence at the
hearing shows that Local 374 represents a substantial number of
employees in the unit hereinafter found to be appropriate.3
We find that a question has arisen concerning the representation
of employees of the Company.
IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON
COMMERCE
We find that the question concerning representation which has
arisen, occurring in connection with the operations of the Company
I The parties stipulated that the letters in response to the questionnaire might be received
in evidence. -
The Regional Director's statement discloses the fOnoR mg
Local 374 introduced 129 applications for membership in it All but 32 of the applica-
tions (which number are undated) were signed between Maich and June 1941 ; all appear to
bear genuine signatures. Ninety of the applications contain names of persons whose names
are on the Company's pay roll of July 21, 1941 Such pay roll contained a total of 171
names.
ACE FOUNDRY, LIMITED 395
described in Section I above, has a close, intimate, and substantial
relation to trade, traffic, and commerce among the several States and
tends to lead to labor disputes burdening .and obstructing commerce
and the free flow of commerce.
V. THE APPROPRIATE UNIT
The parties agree, and we find that all employees of the Company
in its Alameda and 26th Street plants, with the exception of corpo-
rate officers, foremen, salesmen, the clerical forces, the watchmen,
and those within the pattern makers' trade, constitute a unit appro-
priate for the purposes of collective bargaining and that such unit
will insure to employees of the Company the full benefit of their right
to self-organization and to collective bargaining, and otherwise will
effectuate the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
We find that the question concerning representation which has
arisen can best be resolved by an election by secret ballot. We shall
direct that the employees in the appropriate unit who were employed
during the pay-roll period immediately preceding the date of the
Direction herein, subject to the limitations and additions set forth
in the Direction, shall be eligible to vote.
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. A question affecting commerce has arisen concerning the repre-
sentation of employees of Ace Foundry, Limited, Los Angeles,
California, within the meaning of Section 9 (c) and Section 2 (6)•
and (7) of the National Labor Relations Act.
2. All employees of the Company in its Alameda and 26th Street
plants, with the exception of corporate officers, foremen, salesmen,
the clerical forces, the watchmen, and those within the pattern mak-
ers' trade, constitute a unit appropriate for the purposes of collective
bargaining within the meaning of Section 9 (b) of the National
Labor Relations-Act.
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, 49 Stat. 449, and pursuant to Article III, Section 8, of
National Labor Relations Board Rules and Regulations-Series 2,
as amended, it is hereby
396 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
DriECTED that, as part of the investigation authorized by the
Board to ascertain representatives for the purposes of collective bar-
gaining with- Ace Foundry, Limited, Los Angeles, California, an
election by secret ballot shall be conducted as early as possible, but
not later that thirty (30) days from the date of this Direction,
under the direction and supervision of the Regional Director for the
Twenty-first 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 all employees of the Company in its
Alameda and 26th Street plants who were employed during the
.pay-roll period immediately preceding the date of this Direction of
Election, including 'employees who did not work during such pay-
roll period because they were ill or on vacation or in the active mili-
tary service or training of the United States, or temporarily laid
off, but excluding corporate officers, foremen, salesmen, the clerical
forces, the watchmen, those within the pattern makers' trade, and
employees who have since quit or been discharged for cause, to
determine whether or not they desire to be represented by the Inter-
national Molders & Foundry Workers, Local 374, affiliated with the
A. F. of L., for the purposes of collective bargaining.
III the Matter of ACE FOUNDRY, LIMITED and INTERNATIONAL MOLDERS &
FOUNDRY WORKERS, LOCAL 374, AFFILIATED WITH THE A. F. OF L.,
Case No. R-3385
CERTIFICATION OF REPRESENTATIVES
February 18, 19.4
On January 17, 1942, the National Labor Relations Board issued
its Decision and Direction of Election 1 in the above-entitled proceed-
ing. Pursuant to the Direction of Election, an election by secret ballot
was conducted on January 30,1942, under the direction and supervision
of the Regional Director for the Twenty-first Region (Los Angeles,
California). On January 31, 1942, the Regional Director, acting pur-
suant to Article III, Section 9, of National Labor Relations Board Rules
and Regulations-Series 2, as amended, issued and duly served upon
the parties an Election Report. No objections to the conduct of the
election or the Election Report have been filed by any of the parties.
As to the balloting and its results, the Regional Director reported
as follows :
Total on eligibility list_______________________________________ 148
Total ballots cast________________________------------------------------------- ------- 139
Total ballots challenged ------------------------------- =------ 2
Total blank ballots_____________________________----------------------------- ------------- 0
Total void ballots-------------------------------------------- 0
Total valid votes counted------------------------------------
Votes cast for International Molders & Foundry Workers,
137
Local 374, A. F. L----------------------------------------- 100
Votes cast against International Molders & Foundry Workers,
Local 374, A. F L-------------------------------- --- 37
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, as
amended,
IT IS HEREBY CERTIFIED that International Molders & Foundry
Workers, Local 374, affiliated with the American Federation of Labor,
has been designated and selected by a majority of all employees of
1 38 N. L R. B. 392.
38 N. L. R B, No. 79a.
397
398 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Ace Foundry, Limited, employed in its Alameda and 26th Street plants,
but excluding corporate officers, foremen, salesmen, the clerical forces,
the watchmen, and those within the pattern makers' trade as their
representative for the purposes of collective bargaining, and that,
pursuant to the provisions of Section 9 (a) of the National Labor Rela-
tions Act, International Molders & Foundry Workers, Local 374, affili-
ated' with the American Federation of Labor, is the exclusive repre-
sentative of all such employees for the purposes of collective bargaining
with respect to rates of pay, wages, hours of employment, and other
conditions of employment.