American Casting Co.

National Labor Relations Board - Board Decisions

Sep 15, 1943

52 N.L.R.B. 637 (N.L.R.B. 1943)

In the Matter of AMERICAN CASTING COMPANY (BLAKESLEE PLANT)
and UNITED STEELWORKERS OF AMERICA , C. I. O.
Case No. R-5866.-Decided September 15, 1943
Coleman, Spain, Stewart & Darvies, by Mr. Frank M. Young, of
Birmingham, Ala., for the Company.
Mr. R. F. Farr and Mr. Noel R. Beddow, of Birmingham, Ala., for
the C. I. O.
Mr. J. H. Howard and Mr. J. D Baumgardner, of Birmingham,
Ala., for the I. A. M.
Mr. Joseph E. Gubbins, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by United Steelworkers of America, affil-
iated with the C. I. 0., herein called the C. I. 0., alleging that a ques-
tion affecting commerce had arisen concerning the representation of
employees of American Casting Company, Blakeslee plant, Birming-
ham, Alabama, herein called the Company, the National Labor Rela-
tions Board provided for an appropriate hearing upon due notice
before T. Lowery Whittaker, Trial Examiner. Said hearing was held
at Birmingham, Alabama, on August 20, 1943. The Company, the
C. I. 0., and International Association of Machinists, unaffiliated,
herein called 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 upon the issues. The Trial Exam-
iner's rulings made at the hearing are free from prejudicial error and
are hereby affirmed. All parties were afforded opportunity to file
briefs with the Board.
i International Moulders and Foundry Workers Union of North America , although served
with notice , did not appear at the hearing.
52 N. L. It. B., No. 109. -
637
638 DECISIONS OF NAfrIONTA.L LABOR RELATIONS BOARD
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
American Casting Company, an Alabama corporation, is engaged
in the manufacture of war materials. The Company operates two
plants at Birmingham, Alabama, one of which is called the Blakes-
lee plant and is the only plant involved herein. , During the last 12-
month period raw materials, consisting of steel, iron, brass, and coke,
valued in excess of $100,000, were used at the plant in question, approxi-
mately 5 percent of which was shipped from points outside the State
of Alabama. During the same period it produced finished products,
valued in excess of $250,000, approximately 75 percent of which was
shipped to points outside the State of Alabama. The Company admits
that it is engaged in commerce within the meaning of the National
Labor Relations Act.
IT. THE ORGANIZATIONS INVOLVED
United Steelworkers of America, affiliated with the Congress, of
Industrial Organizations, and International Association of Machin-
ists, unaffiliated, are labor organizations admitting to membership em-
ployees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The parties stipulated that on May 12, 1943, the C. I. O. addressed
a letter to the Company requesting recognition and negotiation of a
contract; the Company refused to grant such request unless and until
the C. 1. 0. was certified by the Board.
A statement prepared by a Field Examiner, introduced in evidence,
and a statement made by the Trial Examiner at the hearing, indicate
that the unions represent a substantial number of employees in the
unit hereinafter found to be appropriate.2
We find that a question affecting commerce has 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. THE APPROPRIATE UNIT
The C. I. O. seeks a unit comprised of all production and mainte-
nance employees of the Company, excluding foremen, supervisors,
2 The combined statements of the Field Examiner and the Trial Examiner show that
the C. I 0. submitted 141 membership cards, 61 of which bear apparently genuine original
signatures and bear names of persons whose names are listed on the Company 's pay rolls of
July 15, 1943. The I. A. M. submitted 64 membership cards, 60 of which bear apparently
genuine signatures and bear names of persons whose names are listed on the Company's
pay rolls mentioned above. There are 179 employees in the appropriate unit.
AMERICAN CASTING COMPANY 639
watchmen, guards, and clerical employees. The I. A. M. contends
that the employees of the machine shop, excluding supervisors, clerical
employees, guards, watchmen, and employees in the shipping and
foundry departments should compiise the appropriate unit. The
Company prefers a plant-wide unit.
The Company's Blakeslee plant is divided into a machine shop and
a foundry, each of which is located in separate buildings situated about
60 feet apart. Approximately 95 percent of the business of the Com-
pany is the manufacture of castings for hand grenades and practice
bombs, and 5 percent is in making castings for ship ventilators and
manufacturing veneer machinery. Ttie process for the manufacture
of castings starts in the foundry where moulds are made and the cast-
ings poured, cooled, and rolled. From the foundry the castings are
taken to the machine shop where they are worked into a finished state
and painted. The machine shop is under the supervision of a super-
intendent who reports to the plant manager; the foundry is under the
direct supervision of the plant manager. While the 15 machinists and
machinists' helpers, who are engaged solely in making veneer machin-
eiy and lathes, are considered highly skilled and paid 20 to 25 percent
higher than any other group, the remaining 75 percent of the machine
shop employees are unskilled and semi-skilled workers. There is
considerable interchange of unskilled workers between the two divi-
sions and the basic pay in both divisions is the same. The Company
operates a single maintenance department for both divisions.
The unitary character of the Company's operations described above
clearly indicates the appropriateness-of a single unit of production and
maintenance employees. Since there is no history of collective bar-
gaining in the plant and since all production and maintenance em-
ployees are apparently eligible to membership in both unions, we find
no merit in the contention of the I. A. M. for a unit comprised only
of machine shop employees.
There is also a dispute between the parties with respect to two
shipping department employees, Morris and Murphy; the C. I. 0.
would include them in the unit, whereas the I. A. M. would exclude
them. The Company takes a neutral position as to Morris but would
include Murphy in the unit. The record shows that the shipping
department is confined to a wire enclosure in the machine shop.
Morris is the head of the department and his duties consist in receiving
shipments of materials, keeping an inventory of supplies, issuing tools
to mechanics, and packing and shipping the finished products. He is
assisted by Murphy, and occasionally by two or three laborers from
the machine shop whenever it is necessary. He is considered a work-
ing foreman. We shall exclude Morris from the unit. Since it
appears, however, that Murphy's duties are similar to those of an
ordinary shipping clerk, we shall include him.
640 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
We find that all production and maintenance employees in the Com-
pany's Blakeslee plant, excluding foremen, all supervisory employees
with authority to hire, promote, discharge, discipline, or otherwise
effect changes in the status of employees, or effectively recommend such
action, watchmen, guards, and clerical employees, constitute a unit
appropriate for the purposes of collective bargaining within the mean-
I
ing of Section 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among the
employees in the appropriate unit who were employed during the
pay-roll period immediately preceding the date of our Direction of
Election herein, subject to the limitations and additions set forth in
said Direction. The I. A. M. did not indicate its desire for a place on
the ballot, in the event the Board found a plant-wide unit appropriate.
However, we shall accord it a place on the ballot with the privilege of
withdrawing from the election if it so desires.
DIRECTION OF ELECTION
I
By virtue of ftnd 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 9, of National Labor Re-
lations Board Rules and Regulations-Series 2, as amended, it is
hereby
DIRECrED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with American Casting
Company, Birmingham, Alabama, an election 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 Director for the Tenth Region, acting in this matter
as agent for the National Labor Relations Board, and subject to Ar-
ticle III, Sections 10 and 11, of said Rules and Regulations, among
the employees in the unit 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 including 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, to
determine whether they desire to be represented by United Steel-
workers of America, affiliated with the C. I. 0., or by International
Association of Machinists, unaffiliated, for the purposes of collective
bargaining, or by neither.