American Steel Foundries

National Labor Relations Board - Board Decisions

Aug 4, 1943

51 N.L.R.B. 1024 (N.L.R.B. 1943)

In the Matter of AMERICAN STEEL FOUNDRIES and LOCAL 1696, UNITED
BROTHERHOOD OF CARPENTERS AND JOINERS OF AMERICA , A. F. OF L.
In the Matter of AMERICAN STEEL FOUNDRIES , CAST ARMOR PLANT and
LOCAL 223, INTERNATIONAL BROTHERHOOD OF FIREMEN & OILERS,
A. F. OF L. _
Cases Nos. R-5661 and 8-5662 respectively.Decided August 4 , 1943
Mr. Andrew J. Percival, of Chicago, Ill., for the Company.
Mr. C. A. Shuey, of Indianapolis , Ind., and Mr. Charles A. Coombes,
of Hammond , Ind., for the Carpenters.
Mr. Howard A. Plank, of Chicago, Ill., for the Firemen.
Mr. Lester H. Thornton, of East Chicago, Ind., for the U. S. A.
Mr. Robert Silagi, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon petitions duly filed by Local 1696, United Brotherhood of
Carpenters and Joiners of America, A. F. of L., herein called the
Carpenters, and Local 223, International Brotherhood of Firemen &
Oilers, A. F. of L., herein called the Firemen, alleging that a question
affecting commerce had arisen concerning the representation of em-
ployees of American Steel Foundries, East Chicago, Indiana, herein
called the' Company, the National Labor Relations Board consolidated
the cases and provided for an appropriate hearing upon due notice
before Robert E. Ackerberg, Trial Examiner. Said hearing was held
at Chicago, Illinois, on July 7 and 8, 1943. The Company, the Car-
penters, the Firemen, and Local 2860, United Steelworkers of America,
CIO, herein called the U. S. A. appeared and participated. All parties
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. All parties were afforded
opportunity to file briefs with the Board.
51 N. L. R. B., No. 161.
1024
AMERICAN STEEL FOUNDRIES 1025
Upofi the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
American Steel Foundries is a New Jersey corporation and operates
nine plants throughout the country. The Cast Armor Plant, located
at East Chicago, Indiana, is the only plant involved in this proceeding;
its real estate, building and facilities are owned by the United States
Government. At the Cast Armor Plant the Company manufactures,
distributes, and sells various products, including tank castings, gun
mounts, and railroad castings on orders of the United States of Amer-
ica. All of the plant's production is destined for use in the war effort.
During the last year the Company purchased raw materials , princi-
pally pig iron and scrap iron, for use at the Cast Armor Plant at a
cost exceeding $1,000,000, 75 percent of which was shipped to said
plant from points outside the State of Indiana. During the same
period the Company's sales of finished products manufactured at the
Cast Armor Plant exceeded $2,000,000, of which more than 90 percent
represented shipments to points outside the State of Indiana.
The Company concedes that with respect to the operations of its
Cast Armor Plant it is engaged in commerce within the meaning of
the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
Local 1696, United Brotherhood of Carpenters and Joiners of Amer-
ica and Local 223, International Brotherhood of Firemen & Oilers are
labor organizations, affiliated with the American Federation of Labor,
admitting to membership employees of the Company.
Local 2860, United Steelworkers of America, affiliated with the
Congress of Industrial Organizations, is a labor organization admit-
ting to membership employees of the Company.
III. THE ALLEGED QUESTION CONCERNING REPRESENTATION
On October 14,1942, a contract between the Company and the U. S. A.
was signed which, by its terms, expired April 30, 1943. This contract
covered all of the Company's eight plants then in operation. At the
time of the execution of the contract, the Cast Armor Plant was in
the process of construction adjacent to the Indiana Harbor Works of
the Company. Shortly after the Cast Armor Plant commenced oper-
ations, the International Brotherhood of Electrical Workers peti-
tioned for a craft unit of electricians employed there. The U. S. A.
thereupon petitioned the Board for an industrial' unit. A meeting
1026 DECISIONS OF 1Nn11ONAL LABOR RELATIONS BOARD
of both labor organizations-with the Company held, on December 4,
1942, resulted in an agreement, later approved by the Regional Director
of the Board's Thirteenth Regional Office, for a consent election among
the employees at the Cast Armor Plant. In keeping with the Com-
pany's practice at its other plants and in conformity with its contract
with the U. S. A., the agreement excluded pattern makers and brick-
layers from the industrial unit. On December 23, 1942, a Globe elec-
tion was held at the plant, which was won by the I. B. E. W. in the
electricians' unit and by the U. S. A. in the industrial unit. There-
after, on April 16, 1943, the Company and the U. S. A. agreed that
the employees of the Cast Armor Plant should. be covered by the
existing multiple-plant contract. By subsequent written agreements
each month, the contract was renewed to June 30, 1943, when a new
contract was signed which continues to April 30, 1944.
By letter dated April 12, 1943, the Carpenters requested recognition
from the Company as the collective bargaining representative of car-
penters and millwrights employed at the Cast Armor Plant. Three
days later the Company refused this request because it already was
under contract to the U. S. A. Shortly thereafter the Carpenters
filed its petition herein. On May 25, 1943, by letter and in conversa-
tion the Firemen requested recognition from the Company as the
exclusive bargaining representative of the firemen and oilers. This
request, too, was refused by the Company, and the Firemen thereupon
filed its petition with the Board that same day.
The U. S. A. contends that its contract with the Company consti-
tutes a bar to a present determination of representatives. It is ad-
mitted that the Company had notice of the claims of both the Carpen-
ters and the Firemen at least 1 month prior to the date on which it
executed its present contract' with the U. S. A. Under such circum-
stances, in line with our well established policy, we cannot agree with
the U. S. A.'s contention; 1 however, since we find in Section IV, infra,
that the bargaining units sought to be established by the petitions are
inappropriate for the purposes of collective bargaining, we find that
no question has been raised concerning the representation of employees
in an appropriate bargaining unit.
IV. THE ALLEGED APPROPRIATE UNIT
As stated before the Carpenters seeks 'a unit composed of mainte-
nance carpenters and millwrights, including foremen, apprentices and
helpers ; and the Firemen seeks to represent firemen, firemen helpers,
and oilers. The Company and the U. S. A. contend that the industrial
unit established in their contract is the appropriate one.
1 See Matter of Firestone Tire and Rubber Company of Tennessee, 40 N. L. R. B. 71.
1
AMERICAN STEEL FOUNDRIES 1027
The carpenters, millwrights, firemen and oilers are part of the
plant's Building and Equipment Department, which contains 19 dif-
ferent types of craftsmen exclusive of helpers and laborers, and has a
total of about 310 employees. Of this group the Carpenters seek to
represent about 92 and the Firemen 15. These maintenance em-
ployees generally work throughout the different parts of the plant
wherever they may be needed ; whereas the production employees, for
reasons of military security, are required to remain in their own de-
partments. Consequently, maintenance employees wear identification
badges of different color from those worn by the production employees
so that they may gain access to the various parts of the plant's build-
ings. Firemen and oilers, however, work in the powerhouse of the
plant, which is a building physically separated from the remainder
of the plant., Ordinarily they are not permitted access to the produc-
tion departments of the plant.
The testimony in the record indicates that there is much overlap-
ping of duties on the part of the carpenters and millwrights with the
machinists, pipe fitters, tinsmiths, and employees in other trades.
There is no clear-cut line of demarcation between the duties of any of
these craftsmen at the Company's plant. According to the uncontra-
dicted testimony of the Company's witnesses this is inherent in the
nature, of their duties in this type of industry.
The Company's records show that the great majority of its mainte-
nance employees lack training in the occupations in which they are
set to work at the plant. Only 26 employees of the 92 carpenters and
millwrights lay claim to experience in that field, and but 2 firemen
and oilers out of a group of 15 have had previous experience as such.
The Company's personnel supervisor testified to the great difficulty
the Company has in recruiting trained personnel, and indicated that
it was,the Company's policy to hire unskilled workers and train them
on the job. A witness for the Firemen testified that the Company
maintained an in-service training program and that it took but 2 or
3 months to train a fireman. Other testimony indicates that carpen-
ters and millwrights are trained in not much more time.
In addition to a policy of upgrading, the Company also pursues
a policy of downgrading. The assistant vice president of the Com-
pany testified that the Company's normal production fluctuates "vio-
lently." In order to insure an equitable division of the work when
its volume of business falls, the Company, rather than lay off all
,unneeded employees, downgrades them and shifts them to those jobs
'where they ate needed. Thus skilled employees are temporarily
given lower paying jobs in their own occupations, or are shifted
to altogether different categories of work. This plan applies to the
firemen 'and oilers as well as the other employees. The Company
540812-44-vol 51-55
1028 DECISIONS OF NATIONAL LABOR RELATION'S BOARD
alleges that it can retain this policy only if it operates with ari in-
dustrial unit, and that if craft units are established it will no longer
be able to move its employees from job to job as becomes necessary.
The history of the Company's collective bargaining at all of its
plants has always been one of negotiation on a plant-wide basis.
Since 1937 the Company has had a multiple-plant contract on such
basis with the U. S. A., or its predecessor, the Steel,Workers Organ-
izing Committee. Even though there have been some exceptions
made to this type of unit at certain plants, in none of its plants does
the Company deal with units such as Carpenters and Firemen
request.'
The U. S. A. introduced six contracts with steel companies and
foundries in the Calumet area, where the Cast Armor Plant is lo-
cated, all of which cover industrial units, and none of which estab-
lish units such as are sought in this case. The, Carpenters and the
Firemen have not shown any history of collective bargaining in
their respective crafts in this industry in the Calumet area. The
U. S. A. further alleges that it is the custom of foundry employees
within the locality to make interplant transfers in order to seek
employment of a higher skill. It is apparent that such transfers
could not be made, and the companies of that region would not be
able to utilize to the fullest extent the skills of the foundry em-
ployees were it necessary for them to change their union affiliation
with each transfer.
In a recent case, under comparable facts, we have denied the ap-
propriateness of a unit of carpenters where members of that craft
work with other occupations under common direction and in all parts
of the plant in close relationship with the work of other depart-
nients.3 . We have likewise held a unit of firemen and oilers to, be
inappropriate in the face of a showing of considerable upgrading
and influx of men from other departments.' Moreover, the histories
of the Company and the industry in the Calumet area oppose the
granting of such units.5 For all of these reasons we are of the opin-
ion, and find, that the units now sought by the petitioners are in-
appropriate. Accordingly, the petitions will be dismissed.
ORDER
Upon the basis of the foregoing findings of fact, the National La-
bor 'Relations Board hereby orders that the petitions for investiga-
2 Of the nine plants of the Company the pattern makers have separate representation In
seven plants, the machinists in two, the electricians in three, and!the bricklayers in three.
See Matter of Robe, t Jacobs, Inc., 32 N L. R. B. 646.
See Matter of Sheffield Steel Corporation of Texas, 43 N. L. R. B. 956.
See Matter of Tennessee Coal, Iron and Railroad Company , 39 N. L. R. B. 617, and
cases cited therein.
AMERICAN STEEL FOUNDRIES 1029
tion and certification of representatives of employees of American
Steel Foundries, Cast Armor Plant, East Chicago, Indiana, filed by
Local 1696, United Brotherhood of Carpenters and Joiners of Amer-
ica, A. F. of L., and Local 223, International Brotherhood of Fire-
men & Oilers, A. F. of L., be, and they hereby are, dismissed.
CHAIRMAN MILLI6 took no part in the consideration of the above
Decision and Order.