American Steel Foundries

National Labor Relations Board - Board Decisions

Jul 5, 1943

51 N.L.R.B. 78 (N.L.R.B. 1943)

In the Matter of AMERICAN STEEL FOUNDRIES , GRANITE CITY, ILLI-
NOIS , PLANT and. INTERNATIONAL ASSOCIATION OF-MACHINISTS, DIs-
TRICT No. 9 ,
In the Matter of AMERICAN STEEL FOUNDRIES , EAST ST. Louis, ILLI-
NOIS , PLANT and INTERNATIONAL ASSOCIATION OF MACHINISTS, DIs-
TRiCT No. 9
Cases Nos. R-5521 and R-5522 respectively.Decided July 5, 1943
Mr. Andrew J. Percival, of Chicago, Ill., Mr. Lloyd Farquher, of
East St. Louis, Ill., and Mr. C. H. Welcher, of Granite City, Ill:; for
the Company.
' Messrs. Larry Connors, John 111. Ryan, and A. W. Kinney, all of
St. Louis, Mo., for the I. A. M.
Messrs. Clyde Huffstutler and, Walter Love, both of Granite City,
Ill., for the C. I. O.
Mr. David V. Easton, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
On amended petitions duly filed by International Association of
Machinists, District No. 9,1 herein called the I. A. M., alleging that
questions affecting commerce' had arisen concerning the-represeritation
of employees of American Steel Foundries, Granite City and East
St. Louis, Illinois, plants, herein collectively and individually called
the Company, the National Labor Relations Board consolidated the
petitions herein and provided for an appropriate hearing upon due
notice before Ryburn L. Hackler, Trial Examiner. Said hearing was
held at St. Louis, Missouri, on June 8 and 9, 1943. The Company,
the I. A. M., and United Steelworkers of America, CIO, Locals 1063
and 1038, herein collectively and individually called the CIO, ap-
peared, participated, and were afforded full opportunity to be heard,
1 Upon motion granted at the bearing "A. F. L." was deleted from the name of the peti-
tioner inasmuch as it severed connections with the American Federation of Labor as of
June 1, 1943.
51 N. L. R. B., No. 20.
78
AMERICAN STEEL FOUNDRIES 79
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. All
parties were afforded opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
American Steel Foundries, a New Jersey corporation, is engaged
in the manufacture of steel castings. For this purpose it operates
nin plants,in variyus.par^ts,of the United States. We are concerned
herein with the Company's plants at Granite City and East St. Louis,
Illinois. During the calendar year 1942, the Company purchased
raw materials for its Granite City and East St. Louis plants valued in
excess of $100,000, of which approximately 75 percent was shipped
to the plants from points outside the State of Illinois. During the
same period the Company sold finished products from these plants
valued in excess of $100,000, of which approximately 95 percent was
sold or transported to points outside the State of Illinois. The entire
production of the plants involved herein is under contract to the
United,, tates Army and Navy. The Company admits that it is en-
gaged in commerce within the meaning of the National Labor Re-
lations Act.
II. THE ORGANIZATIONS INVOLVED
International Association of Machinists, District No. 9, is a labor
organization admitting to membership employees of the Company.
Locals 1063 and 1038, United Steelworkers of America, are labor
organizations tfliated with the Congress of Industrial Organizations,
admitting to membership employees of the Company.
III. THE QUESTIONS CONCERNING REPRESENTATION
On or about 1`lovember 25, 1942, the I. A. Al. requested recognition
from the Company as the exclusive bargaining agent of certain of
its employees at the East St. Louis and Granite City plants. On or
about January 15, 1943, the CIO also sent the Company a letter indi-
cating its desire to represent the above-mentioned employees for the
purposes of collective bargaining. Thereafter a series of joint confer-
ences was held by the Company, the I. A. M. and the CIO, between
January 22 and February 24, 1943. No decision being reached at
these conferences, the I. A. M. filed the petitions herein.
Statements of the Regional Director, introduced into evidence at
the hearing, indicate that the I. A. M. and the CIO, each represents
80 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
a substantial number of employees in the units claimed by the J. A.i M.
to be 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. THE APPROPRIATE UNIT ; THE DETERMINATION OF REPRESENTATIVES
The I. A. M. seeks to represent in two separate units employees of
the Company engaged at its East St. Louis and Granite City plants
in the following classifications : machinists A, B, and C, machinists
helpers, machinists apprentices, pneumatic tool repairmen A, B, and
C, pneumatic tool repairmen helpers, automobile mechanics A, B, and
C, maintenance mechanics A, B, and C, maintenance mechanics help-
ers, millwrights A, B, and C, millwrights helpers, flask fitters, oilers,
and the maintenance welders at the Granite City plant, but excluding
all full-time supervisors, foremen,, and all other employees working
in the two plants.3 The CIO, which now is the recognized collective
bargaining representative of the production employees of the Com-
pany at the two plants, seeks to include the above-mentioned em-
ployees within the unit it already represents. The Company' takes
no position with regard to the appropriate unit.
Between 1937 and 1942, the Company had contracts with the CIO
covering its employees on a "membership only" basis.' On August' 14,
1942, the Company executed a contract with the CIO which recog-
nized the latter as the exclusive bargaining agent of all its employees,
with certain exceptions, engaged at eight of its plants, including the
East St. Louis Land' Granite City plants. Among those exceptions
were ' the employees whom the I. A. M. now seeks to represent.. The
Company also has had agreements with the I. A. M. dating back to
1940 in which the I. A. M. represented, on a "membership only" basis,
employees of the Company at each of the two plants involved en-
gaged in mechanical repair and maintenance work.
I with regard to the Granite City plant, the Regional Director reported that the I. A. M.
submitted 73 designations bearing apparently genuine or , g'nal signatures , of which 71 con-
tained the names of persons appearirg on the Company's pay roll of March 3, 1043. This
pay roll contained the names of 102 persons within the alleged appropriate unit. He further
reported that the CIO submitted 34 designation cards, containing names appearing upon
the afore -mentioned pay roll.
With regard to the East St Louis plant , tha Regional Director reported that the I A. M.
submitted 60 designation cards of which 58 bore apparently genuine original signatures;
that 52 of those signatures which were apparently genuine and original were the names
of persons appearing rpon the Company's pay roll of March 5, 1943. This pay roll con-
tained the names of 8i persons within the alleged appopriate unit. He further reported
ibit the CIO submitted 16 designation cards containing names appearing upon the above-
mentioned pav roll.
a These class . fi2ations include, roughly, those employees engaged in mechanical repair and.
maintenance work at the two plants.
AMERICAN STEEL FOUNDRIES 81
These employees, in the main, are under the supervision of a master
mechanic at each of the plants involved, most of them having served
apprenticeships in production departments before being promoted to
maintenance work. The record discloses that in the case of any re-
duction in the maintenance department, the Company endeavors to
return these employees to the departments from which they had been
promoted rather than to discharge them. As indicated above, each
labor organization has substantial representation among them.
In 'view of the foregoing, and in the absence of any question con-
cerning representation with regard to the production employees now
represented by the CIO, we are of the opinion and find that these
groups which the I. A. M. seeks to represent may properly constitute
either separate and distinct appropriate units or part of the larger
group already represented for the purposes of collective bargaining
by the CIO, if they should so desire.
We shall, therefore, direct that elections be held only among the
employees of the Company in the groups hereinafter designated, with
respect to which questions concerning representation have arisen. If
the employees in either of these voting groups select the CIO, they
will have thereby indicated their desire to be included in the unit
with the production employees and shall constitute part of such unit.
If, however, the employees of either or both of these groups choose
the I. A. M. as their bargaining representative they shall constitute
a separate unit or units.
We shall, accordingly, direct that the questions concerning repre-
sentation which have arisen be resolved by elections by secret ballots
among the employees in the groups described below, who were em-
ployed during the 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 Re-
Fations 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 Steel
Foundries, Granite City, Illinois, Plant, and East St. Louis, Illinois,
Plant, separate 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-
82 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 following groups of
employees of the Company 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 em-
ployees in the armed forces of the United States who present them-
selves in person at the polls, but excluding those employees who have
since quit or been discharged for cause:
(1) all employees at the Granite City plant of the Company, en-
gaged in . the following ,classifications-machinists Al B,:. and C,
machinists helpers, machinists apprentices, pneumatic tool repair-
men A, B, and C, pneumatic tool repairmen helpers, automobile me-
chanics A, B, and C, maintenance mechanics A, B, and C, mainte-
nance mechanics helpers, millwrights A, B, and C, millwrights help-
ers, flask fitters, oilers, and maintenance welders, but excluding all
supervisory employees with authority to hire, promote, discharge,
discipline or otherwise effect changes in the status of employees or
effectively recommend such action, and all other employees in the
plant, to determine whether they desire to be represented by Inter-
national Association of Machinists, District No. 9, or by United
Steelworkers of America, Local No. 1063, affiliated with the Congress
of Industrial Organizations, for the purposes of collective bargain-
ing, or by neither;
(2), all employees at the East St. Louis, plant, of the Company,
engaged in the following classifications-machinists A, B, and C,
machinists helpers, machinists apprentices, pneumatic tool repair-
men A, B, and C, pneumatic tool repairmen helpers, automobile me-
chanics A, B, and C, maintenance mechanics A, B, and C, mainte-
nance mechanics helpers, millwrights A, B, and C, millwrights help-
ers, flask fitters and oilers, but excluding all supervisory employees
with authority to hire, promote, discharge, discipline or otherwise
effect changes in the status of employees or effectively recommend
such action, and all other employees in the plant, to determine
whether they desire to be represented by International Association
of Machinists, District No. 9, or by United Steelworkers of America,
Local No. 1038y affiliated with the Congress of Industrial Organiza-
tions, for the purposes of collective bargaining, or by neither.