American Foundry and Machine Co.

National Labor Relations Board - Board Decisions

Sep 12, 1942

43 N.L.R.B. 1354 (N.L.R.B. 1942)

i
In the Matter of AMERICAN FOUNDRY AND MACHINE COMPANY and
UNITED STEELWORKERS OF AMERICA, C. I. O.
Case No. R-/152.Decided September 12,19-112
Jurisdiction : castings manufacturing industry
Investigation and Certification of Representatives : existence of question re-
fusal to accord petitioner recognition ; election necessary.
Unit Appropriate for Collective Bargaining : production and maintenance em-
ployees, excluding supervisory, clerical, technical, salaried, and pattern depart-
ment employees.
Mr. W. W. Ritter, Mr. M. AS. Rosenblatt, and Mr. J. N. Carter, of Salt
Lake City, Utah, for the Company.
11Ir.'V arro C. Jones, Mr. Ralph H: Peters, and Mr. George W: Hay-
coclc, of Salt Lake City, Utah, for the U. S. A.
Mr. E. A. Bird, of Portland, Ole., for the Molders Union.
Mr. 1,17m. C. Baisinyer. Jr., of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT Ol' THE CASE
Upon petition duly filed by United Steelworkers of America, C. I. 0.,
herein called the U. S. A., alleging that a question affecting commerce
had arisen concerning the representation of the employees of American
Foundry and Machine Company, Salt Lake City, Utah, herein called
the Company, the National Labor Relations Board provided for an
appropriate hearing upon due notice before Willard Y. Morris, Trial
Examiner. Said hearing was held at Salt Lake City, Utah, on August
13,11942. The Company, the U. S. A., and International Molders and
Foundry Workers Union of North America, herein called the Molders
Union, 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 prejudicial error-and are hereby affirmed. On
September 5, 1942, a stipulation, signed by all parties, providing for
correction of certain errors in the transcript Was filed with the Board.
The stipulation is hereby made.a part of the record and the transcript
is hereby ordered corrected in accordance therewith.
43 N. L R B., No. 210'.
1354
e
AMERICAN FOUNDRY AND MACHINE COMPANY 1355
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY -
American Foundry and Machine Company is a Utah corporation
operating a plant at Salt Lake City, Utah, at which it is engaged in
general foundry work, producing iron, steel and bronze castings. In
1941 the Company purchased raw materials valued at approximately
$200,000, 15, percent of which -\v as purchased outside the State of Utah.
During the same period the Company sold finished products valued in
excess of $400,000, 30' percent of which was- sold outside the State of
Utah. The Company employs, approximately 250 persons and admits
the Board's jurisdiction.
H. THE ORGANIZATIONS INVOLVED
United Steel workers of America is a labor organization affiliated
with the Congress of Industrial Organizations. It admits to member-
ship employees of the Company.
International Molders and Foundry Workers of North America is
a labor organization, affiliated with the American Federation of
Labor. It admits to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On or about June 4, 1942, the U. S. A. requested the Company to
recognize it as exclusive bargaining agency for the employees of the
Company. The Company refused because it had a contract with the.
Molders Union, and also it questioned the U. S. A.'s majority. The
contract between the Company and the Molders Union was executed
on August 1, 1941, and expired August 1, 1942. Negotiations regard-
ing a new contract had been begun between the Company and the,
Molders Union approximately 10 days before the Company received
notice'that the U. S. A. claimed a majority representation in the plant.
The Company thereafter ceased said negotiations pending a resolution
of the representation dispute.
A statement of the Regional Director introduced in evidence at the
hearing and a statement by the Trial Examiner at the hearing, show'
that the U: S. A. and the Molders Union each represents a substantial
number of employees in the unit hereinaf ter found to be appropriate.'
' The statement of the Regional Director- shows that the U. S A submitted to him 47
authorization-application cards and 47 authorization-assignment cards of employees of the
Company All the signatures affixed to the 94 cards appear to be genuine original signa-
tures Thirty -two of the signatures on the authorization -application cards and 39 of the
1356 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 U. S. A. contends that all production and maintenance em
ployees of the Company at the Salt Lake'City plant, excluding super-
visory; clerical, technical, and salaried employees, constitute an ap-
propriate unit. - The Molders Union would exclude in addition,
employees in the pattern department, and would include working
foremen. The Company takes no position as to the appropriate unit.
The contract between the Company and the Molders Union covered
all the Company's maintenance and production employees, exclusive of
supervisory, clerical, technical, salaried, and pattern department
employees.
Pattern department employees, of whom there are about 10, were
not represented by the Molders Union under this contract. It does
not appear that the U. S. A. has any 'members among them. Since
they have not been included in the unit established by the contract,
and appear not to have been organized by the U. S. A., we shall exclude,
the pattern department employees from the unit.
The Molders Union contends that working foremen, defined as,
"all foremen who work with tools," should be included in the unit.
The record affords no basis for determining the ,identity, duties or
authority of working foremen. Nor does the record disclose whether
working foremen have been covered by the contract of the Molders
Union. Working foremen shall be included as production employees
if they have been covered by the contract, but if they have not, they
shall be excluded.
We find that all production and maintenance employees of the Com
pany, at its Salt Lake City plant, excluding supervisory, clerical,
technical, salaried; and pattern department employees, constitute a
unit appropriate for the purposes of collective bargaining within the
meaning of Section 9 (b) of the Act.
signatures on the authorization -assignment cards are the names of persons whose names
are on the Company 's pay roll of July 2, 1942 Five of these cards are duplicates , making
a 'total of 76 The authorization -application cards are undated ; the authorization-
assignment cards are all dated during June . 1942 . The U. S . A. submitted 2 additional
authorization cards to the Trial Examiner at the hearing , both of which appear to be
genuine original signatures of persons whose names are on the Company's pay roll of
August 12, 1942
The statement by the Trial Examiner shows that the Molders Union submitted to him
137 authorization cards of employees of the Company dated as follows 129 between July
22 and 31, 1942; 6 between August 1 and 3, 1942; and 2 undated All of the 137 signa-
tures appear to be genuine original signatures ; 112 of said 137 signatures are names of
persons on the Company's pay roll of August 12, 1942. '
There are approximately 200 employees in the appropriate unit.
AMERICAN FOUNDRY AND MACHINE COMPANY 1357
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 em-
ployees 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 the
Direction.
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 Relations 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
DIRECTED that; as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with American Foundry
and Machine Company, Salt Lake City, Utah, 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 Twenty-second Region,
acting in this matter'as•agent for the National Labor Relations Board,
subject to Article III, Section 9, 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 in
the active military service or training of the United States, or tem-
porarily laid off, but excluding employees who have since quit' or been
discharged for_ cause, to determine whether they desire to be repre-
sented by United Steelworkers of America, affiliated with the Congress
of Industrial Organizations, or by International Molders and Foundry
Workers Union of North America, affiliated with the American
Federation of Labor, for the purposes of collective bargaining, ^ or
by neither.
MR. GERARD D. REILLY took ' no part in the consideration of the
above Decision and Direction of Election.