American Brake Shoe Co.

National Labor Relations Board - Board Decisions

Jun 12, 1943

50 N.L.R.B. 475 (N.L.R.B. 1943)

In the Matter of AMERICAN MANGANESE STEEL DIVISION OF THE
%', AMERICAN' BRAKE SHOE COMPANY and INTERNATIONAL MOULDERS
AND FOUNDRY WORKERS UNION OF NORTH AMERICA, LOCAL No. 59,
AFL
,
In the Matter Of AMERICAN MANGANESE STEEL DIVISION, OF THE
AMERICAN BRAKE SHOE COMPANY and INTERNATIONAL BROTHER-
HOOD OF ELECTRICAL WORKERS, LOCAL No. 1, AFL
In the Matter of AMERICAN MANGANESE STEEL DIVISION OF THE
AMERICAN BRAKE SHOE COMPANY and INTERNATIONAL ASSOCIATION
OF MACHINISTS , DISTRICT No. 9,: AFL
Cases Nos. 8-5331 to R-5323, inclusive, respectively.Decided
June 12, 1943
Winston, Strawn c& Shaw, of Chicago, Ill., by Mr. G. B. Christen-
son, for the Company.,
'Messrs. Charles Bloine and Ed Heisler, of St . Louis, Mo., for the
Moulders.
Mr. H. B. Koenig, of St. Louis, Mo., for the I. B. E. W.
Mr. Larry Connors, of,St. Louis, Mo., for the I. A. M.
Miss Muriel J. Levor, of counsel-to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
Upon amended petitions duly filed by International Moulders and
Foundry Workers Union of North America, Local No. 59, AFL,
herein called the' Moulders, International Brotherhood of Electrical
.Workers, Local,,No.7 1, AFL, herein called the I., B. E. W., and the
International Association of Machinists, District No. 9, AFL, herein
called the I. A. M., alleging that questions affecting commerce had
arisen concerning the representation of- employees of American
Manganese Steel Division of the American Brake Shoe Company,
herein called the Company,' the National Labor Relations Board,
' A motion was made and granted at the hearing to amend the petitions and other
documents to set forth the name of the Company , as above.
50 N. L . R. B., No. 74.
475
I
476 D'EiC EONS OF NATgONAL LABOR RELATIONS BOARD,
provided for an appropriate consolidated hearing upon due notice
before Eugene M. Purver, Trial Examiner. Said hearing was held
at St. Louis, Missouri, on May 10, 1943. The Company, the Moulders,
the I. E. B. W., and the I. A. M., appeared, participated, and were
afforded full opportunity to be heard, to examine and cross-examine
witnesses, and to introduce evidence bearing on the issues. The
Trial Examiner's rulings made at the hearing-are free from prejudi-
cial error and are hereby affirmed.
, The Company made a motion at the hearing to dismiss the petitions
of the I. B. E. W. and the I. A. M., on the ground that the cards
submitted by both of them authorized the American Federation of
Labor and, not these petitioners, to represent the signatories. It is a
frequent practice of various unions to have the employees whom they
organize designate a trade council or parent organization with which
the union is affiliated, as bargaining representative.2 Since there is a
showing of substantial interest 3 in union representation among the
employees, and the I. B. E. W.1 and the I. A. M.5 are the only labor
organizations claiming to represent these particular employees of the
Company, the motion is hereby denied. Since we take notice of the
fact that the I. A. M. has withdrawn from the A. F. of L., the Com-
pany's motion to reopen the record to adduce evidence thereof is
denied.
Upon the entire record in the case, the Board makes-the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
American Manganese Steel Division of the American 'Brake Shoe
Company, a Delaware corporation with its office in St. Louis, Mis-
souri, operates 57 plants located in various parts of the country. The
s See Lebanon Steel Foundry V. N. L R. B, 130 F. (2d) 404 (App D. C.), certiorari
denied, 63 S. Ct. 58, where the court held that intent to authorize collective bargaining
may be spelled out "in view of the proven usages and circumstances-of signature "
8 See Section III, infra.
•4 The cards authorized the American Federation of Labor and All Affiliated Organiza-
tions to represent the signatories.
5 The cards also authorized the American Federation of Labor and All Affiliated Organ-
izations. Although the I. A M. has withdrawn from the American Federation of Labor
since the hearing, it was affiliated with it at that time, as well as when the cards were
signed Thus, in the instant case the I A. M, itself, was authorized sub noinsne All
Affiliated Organizations. In N. L.,R. B. v. National Mineral Co., 134,F. (2d) 424 (C. C. A.
7) enforcing 39 N. L. R. B. 844, the Circuit Court of Appeals for the Seventh Circuit
upheld our finding that cards, designating a union of which petitioner claimed to be the
successor, were sufficient to 'earrant ordering an election. A fortiori, the designations
herein are adequate for their limited purpose, e. g. a prima fame showing of interest in
this proceeding
AMERICAN MANGANESE STEEL DIVISION 477
Company is engaged in the manufacture of steel castings at its St.
Louis plant , which alone is involved in this proceeding . The raw
materials used by the Company are steel scrap, ferro alloys, sand,
refractories , and emery wheels . Approximately 50 percent of the
steel scrap used is shipped from points outside the State of Missouri.
During the year 1942, steel castings amounting in value to more than
$100,000 were shipped to points outside the State of Missouri.
The Company does not contest that it is engaged in commerce
within the meaning of the National Labor Relations Act.
H. TAE ORGANIZATIONS INVOLVED
International Moulders and Foundry Workers Union of North
America , Local No. 59, is a labor organization affiliated with the
American Federation of Labor, admitting to membership employees,
of the Company.
/
International Brotherhood of Electrical Workers, Local No. 1, is
a labor organization affiliated with the American Federation of Labor,
admitting to membership employees of the Company.
International Association of Machinists , District No. 9, is a labor
organization admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
By letter dated February 15, 1943, the Moulders asserted its claim
to represent a majority of the Company's foundry employees (at St.
Louis ) and requested a conference for the purposes of collective bar-
gaining. The Company replied by letter that it refused to recognize
the Moulders unless and until it is certified as bargaining agent by
the Board.
On February 24,-1943, the Moulders filed a petition requesting a
unit of all production and maintenance employees , excluding super-
visory and office employees. Shortly thereafter the I . B. E. W. and
the I . A. M. informed the Moulders that they desired to represent
those employees of the Company who fell within their respective
jurisdiction . The Moulders agreed to relinquish its claim to these
employees and subsequently filed an amended petition requesting a
unit thus diminished . At a meeting held March 23, 1943, at which
the Company and representatives of the three labor organizations
here involved , were present, the Company refused recognition of the
I. B. E. W . and the I. A. M. for the units claimed by them.
A statement of the Regional Director , introduced into evidence at
the hearing , indicates that the Moulders , the I . B. E.' W., and the
478 DE'CLSrONS OF NA.TffDNAL LABOR RELATIONS BOARD
I. A. M., each represents a substantial number of employees, in the
unit each claims as appropriate." ,
We find that questions affecting commerce have arisen concerning
the representation of employees of the Company within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
Iv: TIlE -AI'PROPRIATE UNIT
The Moulders claims as appropriate a unit composed of the produc-
tion employees of the Company's St. Louis foundry, excluding truck'
drivers, supervisory and office' employees, and the employees claimed
by the I. B. E. W. and the I. A. M. The I. B. E. W. contends that
the Company's electrical maintenance employees and cranemen to-
gether constitute an appropriate unit, and the 41. A. M. urges that'the^
Company's, machinists also constitute a suitable unit for collective
bargaining. The Company is opposed to dealing with more, than one
bargaining representative and urges that the appropriate unit should
be composed 'of all production and maintenance employees of 'the
foundry. Whether or not the two units requested by the I. B. E. W.
and the I. A. M., respectively, should be separately set up, orin-
cluded within the production unit, is the sole controversy between:
the parties.
Electrioal employees. The unit here sought by the I. B. E. W. is
composed of two groups, electrical maintenance employees and crane-
men. Electricians have long been recognized as an identifiable craft
and-have bargained historically on a craft basis. Their work is dif-
ferent from that of the foundry employees. In the instant case the
electricians are in the maintenance- department and work under dif-
ferent supervision from that, of the production employees. We are
of the opinion that the electrical maintenance employees may pro-
perly constitute a separate unit.
' The cranemen whom the I. B. E. W. desires to include with elec-
trical maintenance employees work in production departments under
production supervisors. They operate the electric cranes which
m^ove heavy objects about during production processes., In a recent
decision,' we held-that cranemen should not be included in a unit of
6 The Regional Director reported that the Moulders submitted 175 designations of which
135, bearing apparently genuine original signatures ,, correspond with names on the Com-
pany's pay roll of February 27, 1943, containing 332 names in the unit requested by the
Moulders.
The Regional Director reported that the I . B. E. W. submitted 10 designations of which
8, bearing apparently , genuine original signatui es, correspond with names on the same
pay roll containing 26 names in the unit desired by the I B E W.
The Regional Director also reported that the I. A. M submitted 5' designations of which
3, bearing apparently genuine original signatures , correspond with names on the above
pay roll containing 6 names in the unit requested by the I A Al.
' Westinghouse Electric c6 Manufacturing Company (Louisville Ordnance Division)
and International Brotherhood of Electrical Workers, Local Union #369, A. F. of L., 49
N. L R. B.'445.
I
AMERICAN MANGANESE STEEL DIVISION 479
electrical employees. Accordingly,. we shall exclude them from the
electrical unit.
Machinists. The machinists sought by the I. A. M. as a separate
unit did not work at the foundry production processes. The pro-
posed' unit would consist of machine operators who prepare pieces
of metal for, the testing laboratories under the supervision of the
metallurgist, and a machinist in the maintenance. department,, who
makes small parts for the repair of machines. Historically, machin-
ists have been an identifiable craft and since no other organization
claims to represent them we are of the opinion that they may con-
stitute an appropriate unit.
There remains for consideration the composition of the produc-
tion unit., The Moulders urge that the unit be composed solely of
production employees. However, the Moulders desires the exclusion
of truck drivers, on which, point the Company takes no position.
Over 95 percent of the truck drivers' work is performed within the
plant. Their work is largely confined to the removal of refuse from
the factory area. The truck drivers are responsible to the foundry
foreman. Upon these facts, we find that they are 'production em-
ployees as are the cranemen.8 Accordingly, we find that a unit so
constituted is appropriate.
We find that the following units are appropriate for the purposes
of collective bargaining within the meaning of Section 9 (b) of
the Act :
Group 1. All production employees of the Company's St. Louis
foundry including the truck drivers and cranemen, but excluding
electrical maintenance employees, machinists and machine operators,
office and clerical employees, foremen and assistant foremen, and all
supervisory employees who have the authority to hire and discharge
or to recommend such action;
Group 2. All electrical maintenance employees of the Company's
St., Louis foundry, excluding those who have the power to hire and
discharge or to recommend such action and also excluding crane-
men and all other employees of the Company;
Group 3. All machinists and machine operators employed at the
Company's St. Louis foundry, excluding those who have the authority
to hire and discharge or to recommend such action and all other
employees.
V. THE DETERMINATION OF REPRESENTATIVES
We'shall direct that the questions concerning representation which
have arisen be resolved by elections by secret'ballot among the em-
8 Discussed , supra, and excluded from the electrical unit.
480 DIE,CISMON'S OF NIATEONAL LABOR RELATIONS BOIAR(D
ployees in the appropriate units, who were employed during they
pay-roll period immediately preceding the date of the Direction of
Elections herein, subject to the limitations and additions set forth ,in
the Direction.
DIRECTION OF ELECTIONS
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 9, of National Labor
Relations Board Rules and Regulations-Series 2, as amended, it is
hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with American Manga-
nese Steel Division of the American Brake Shoe Company, St. Louis,
Missouri, elections by secret ballot shall be conducted as early as
possible, but not later than thirty (30) days from the date of this
Direction, under the direction and supervision of the Regional Direc-
tor for the'Fourteenth Region, acting in this matter as agent for the
National Labor Relations Board, and subject to Article III, Section
10, of said Rules and Regulations, among the employees in the units
found appropriate in Section IV, above, who were employed during
the pay-roll period immediately preceding the date of this Direction,
including employees who did not work during said pay-roll period
because they were ill or on vacation or temporarily laid off, and in-
cluding employees in the armed forces of the United States who
present themselves in person at the polls, but excluding any who have
since quit or been discharged for cause, (1) to determine whether or_
not the .employees in the production unit described in Group 1 of
Section IV, desire to be represented by International Moulders and
Foundry Workers Union of North Aneerica, Local No. 59, affiliated
with the American Federation of Labor, (2) to determine whether
or not the electrical maintenance employees, described in Group 2 of
Section IV, above, desire to be represented by International Brother-
hood of Electrical Workers, Local No. 1, affiliated with the American
Federation of Labor, and (3) to determine whether or' not the em-
ployees in the machinists unit, described in Group 3 of Section IV,
above, desire to be represented by International Association of
Machinists, District No. 9, for the purposes of collective bargaining.