Ampco Metal, Inc.

National Labor Relations Board - Board Decisions

Jan 13, 1941

28 N.L.R.B. 1227 (N.L.R.B. 1941)

In the Matter of AMPCO METAL, INCORPORATED and AMPCO EMPLOYEES'
MIIvuAL BENEFIT ASSOCIATION -
Case No. R 1077.Decided January 13, 1941
Jurisdiction : tool and casting manufacturing industry.
Investigation and Certification of Representatives : existence of question: con-
flicting claims of rival representatives ; election necessary.
Unit Appropriate for Collective Bargaining : all production and maintenance
employees, including indentured machinists' and moulders' apprentices but
excluding executive, supervisory, clerical, and sales employees.
Mr. C. J. Zaiser, of Milwaukee, Wis., for the Company.
Messrs. James E. Coleman and Henry Fuchs, of Milwaukee, Wis.
for the Association.
Messrs. O. A. Jirikowic and W. J. Miller, of Milwaukee, Wis.,
for the I. A. M. -
Mr. William Kaufman, of Kenosha, Wis., for the Polishers.
Mr. John Wiltzius, of Milwaukee, Wis., for the Moulders.
Mr. Martin Walloch, of Milwaukee, Wis., for the Pattern Makers_
Mr. Harold Weston, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On June 18, 1940, Ampco Employees' Mutual Benefit Association;
herein called the Association, filed a petition with the Regional
Director for the Twelfth Region (Milwaukee, Wisconsin), alleging
that a question affecting commerce had arisen concerning the repre-
sentation of employees of Ampco Metal, Incorporated, Milwaukee,
Wisconsin, herein called the Company, and requesting an investi-
gation and certification of representatives pursuant to Section 9 (c)
of the National Labor Relations Act, 49 Stat. 449, herein called the
Act. On September 16, 1940, the National Labor Relations Board,
herein called the Board, acting pursuant to Section 9 (c) of the
Act and Article III; Section 3, of National Labor Relations Board
Rules and Regulations-Series 2. as amended, ordered an investiga-
tion and authorized the Regional Director to conduct it and to^
provide for an appropriate hearing upon due notice.
28 N. L . R. B., No. 167. - , '
1227
1228 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
On September 23, 1940, the Regional Director issued a notice of
hearing, copies of which were duly served upon the Company, the
Association and upon the following labor organizations : Interna-
tional Association of Machinists, Lodge No. 66, herein called the
I. A. M.; International Moulders Union of North America, Local
No. 125, herein called the Moulders; Metal Polishers, Platers, Buf-
fers and Helpers International Union, Local No. 10, herein called
the Polishers; and Milwaukee Association of Pattern Makers League
of North America, herein called the Pattern Makers. Pursuant to
the notice, a hearing was held on September 30, 1940, at Milwaukee,
Wisconsin, before Jacob I. Karro, the Trial Examiner duly desig-
nated by the Board. The Company, the Association, the I. A. M.,
the Moulders, the Polishers, and the Pattern Makers were repre-
sented by counsel or duly authorized representatives and participated
in the hearing. Full opportunity to be heard, to examine and cross-
examine witnesses, and to introduce evidence bearing on the issues
was afforded all parties. During the course of the hearing the
Trial Examiner made several rulings on motions and on objections
to the admission of evidence. The Board has reviewed the rulings
of the Trial Examiner and finds that ' no prejudicial errors -were
'committed. The rulings are hereby affirmed.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF, FACT
r I. THE BUSINESS OF THE COMPANY
Ampco Metal, Incorporated, a Wisconsin corporation, is engaged
at its Milwaukee plant in the manufacture, of aluminum bronze
castings, aluminum bronze parts and tools, and beryllium copper
tools. The raw materials used in the manufacture' of these products
are copper, aluminum, and iron, all of which are obtained from
points outside the State of Wisconsin. During 1939, the raw ma-
terials used by the Company amounted in value to approximately
$226,520. During the same period, the Company's products
amounted to approximately $778,812 in value, 81.7 per cent of such
products being sold and shipped to points outside Wisconsin.
The Company employs approximately 154 production and main-
tenance employees and 82 executive, supervisory, clerical, and sales-
4epartment employees.
II. THE ORGANIZATIONS INVOLVED
Ampco Employees' Mutual Benefit Association is an unaffiliated
labor organization admitting to membership employees of the Com-
pany, "employed on an hourly or piece work basis."
AMPCO METAL, INCORPORATED 1229
- International Association of Machinists, District No. 10; Metal
Polishers, Buffers, Platers and Helpers International Union, Local
iNo. 10; International Moulders Union of North America, Local No.
125; and Milwaukee Association of Pattern Makers League of North
America, are all labor organizations affiliated with the American
Federation of Labor, herein called the A. F. of L., and admitting to
membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On June 1, 1937, the Company entered into a joint agreement with
the I. A. M. and the Moulders, operative for 1 year, with provision
for automatic renewal thereafter until such time as 30 days' notice
of termination or modification should be given by either party.
On July 1, 1938, the same parties entered into a second agreement,
substantially similar to the first. On May 20, 1940, the I. A.. M.
advised the Company that it desired to change the agreements and
requested a conference to negotiate such changes.
On May 27, 1940, the Association notified the Company that it
had been organized and asked for a bargaining conference. On the
following day, the Company advised the Association and the I. A. M.
that it had received requests for bargaining conferences from both
organizations and that it had taken the matter under advisement.
By letter dated June 5, 1940, the Association notified the Com-
pany of its claim to represent a majority of the employees and
repeated its request for a conference to negotiate a contract. On
June 14, 1940, the Company replied to the Association's letter, ad-
vising it that "under the law we are instructed to deal with the
organization with which we are now affiliated, namely, A. F. of L.,
consequently, we have no right to discuss the matter of union organi-
zation with your organization." On June 18, 1940, the Association
filed its petition herein and on the following day the Company
entered into a joint collective bargaining contract with the I. A. M.,
the Moulders, the Polishers, and the Pattern Makers.
There was introduced in evidence a statement of the Regional
Director showing that the - five labor organizations , respectively,
represent a substantial number of employees within the- units they
claim to be appropriate.'
We find that a question has arisen concerning representation of
employees of the Company.
i The statement showed that on June 15 , 1940, the Association, the I A M., the Moulders
the Polishers , and the Pattern Makers represented respectively , 69, 16, 35, 4, and 2 of the
approximately 149, 97 , 50, 4, and 3 employees in the respective units claimed by them
to be appropriate.
1230 DECISIONS 'OF NATIONAL LABOR RELATIONS BOARD
IV. THE EFFECT OF THE -QUESTION CONCERNING REPRESENTATION UPON
COMMERCE
We- find- that the question 'concerning representation which has
arisen, occurring in connection with the operations of the Company
described in Section I above, has a close, intimate, and substantial
relation to trade, traffic, and commerce among the several, States, and
tends to lead to labor disputes burdening and obstructing commerce
and the free flow of commerce. -
V: THE APPROPRIATE UNIT
Each of the various organizations involved desires to represent
a different group of the Company's production and maintenance
workers, but all parties stipulated that executive, supervisory, cleri-
cal, and sales employees should be excluded from each of the respective
units which are claimed to be appropriate. -
The Association contends -that all production and maintenance
employees of the,Company, excluding executive, supervisory, clerical,
and sales employees, and indentured apprentices, constitute a unit
appropriate for the purposes of collective bargaining.
It is the I. A. M.'s position that an appropriate bargaining unit
consists of the employees in-the machine shop, the shipping room,
the swaging department, the inspection department, and the main-
tenance unit, including indentured apprentices in the.machine shop.
The Moulders contend that an appropriate unit would consist of
employees of the Company engaged in the production of castings,
exclusive of indentured apprentices and supervisory employees, while
the Polishers claim that the polishers employed by the Company,
constitute an appropriate collective bargaining unit. Finally, the
Pattern Makers contend that the employees in the pattern shop con-
stitute an appropriate unit. -
The primary question here is whether the Company's production
and maintenance employees constitute a single appropriate unit as
claimed by -the Association, or whether four separate units shall
be set up as contended by,the A: F. of L. unions. The plant consists
of several interrelated departments. Since June 1, 1937, the pro-
duction and maintenance employees have bargained collectively with
the Company through two organizations acting jointly as the ex-
clusive representative of a single plant unit. Contracts have been
signed jointly by the two unions as the recognized representative of
all employees in this unit. In accordance with this established
practice and custom of collective bargaining on. the part of the
Company's employees, we find that the production and maintenance
employees constitute a single appropriate unit.
AMPCO METAL" INCORPORATED 1231
A second problem arises as to the _ inclusion of apprentices. The
I. A. M. and the Association disagree as to the inclusion of indentured
machinists ' apprentices , the I . A. M. urging their inclusion and
the Association their exclusion . Both the Moulders and the Asso-
ciation desire that indentured moulders' apprentices should be ex-
cluded from the units which they proposed . The record discloses
no reason for excluding the apprentices , and we are of the opinion
that indentured apprentices properly belong within the industrial
unit which we have found appropriate . We shall therefore include
indentured machinists' and moulders ' apprentices within the unit.
We find that all production and maintenance employees of the
Company, including indentured machinists ' and moulders' appren-
tices, but excluding executive , supervisory , clerical , and sales em-
ployees, constitute a unit appropriate for the purposes of collective
bargaining and that said unit will insure to employees of the Com-
pany the full benefit of their right to self-organization and to col-
lective bargaining and otherwise effectuate the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
We find that the question of representation which has arisen
can best be resolved by an election by secret ballot. We shall ac-
cordingly direct that such an election be held. All the employees
in the appropriate unit during the pay-roll period immediately pre-
ceding the date of the Direction of Election herein, including em-
ployees who did not work during such pay-roll period because they
were ill, on vacation , or temporarily laid off, but excluding those
who shall have since quit or been discharged for cause , shall be
eligible to vote.
Inasmuch as we have found that the separate units urged by
the four A . F. of L . affiliates constitute a single unit , we shall direct
that the Association and the A. F. of L. are the organizations to
appear upon the ballot in the election . The I . A. M., the Moulders,
the Polishers , and the Pattern Makers shall, at their option, either
not appear on the ballot or else be set forth thereon as bracketed
joint representatives affiliated with the A. F. of L . with the under-
standing that any votes received by them shall be applied to the
A. F. of L. vote total.
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following :
CONCLUSIONS OF LAW
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of Ampco Metal , Incorporated , Milwaukee,
1232 DECISIONS OF NATIONAL. LABOR RELATIONS BOARD
Wisconsin, within the meaning of Section 9 (c) and Section 2 (6>
and (7) of the National Labor Relations Act.
2. All production, and maintenance. employees-of the Company in-
cluding indentured machinists' and moulders' apprentices but ex-
cluding executive, supervisory, clerical, and sales employees, constitute
a unit appropriate for .the purposes of collective bargaining within
the meaning of Section 9 (b) of the National Labor Relations Act.
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
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, '
DIREVrED that, as part of the investigation authorized by the
Board to ascertain representatives for collective bargaining with
Ampco Metal, Incorporated, Milwaukee, Wisconsin, 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 Twelfth
Region, acting in this matter as agent for the National Labor Re-
lations Board, and subject to Article III, Section 9, of said Rules and
Regulations, among all the production and maintenance employees
of Ampco Metal, Incorporated, Milwaukee, Wisconsin, whose names
appear on the Company's last regular pay roll immedately preced-
ing the date of this Direction, including indentured machinists'
and moulders' apprentices and employees who did not work during
such pay-roll period because they were ill, on vacation, or temporarily
laid off, but excluding executive, supervisory, clerical, and sales
employees, and employees who have since quit or who have been
discharged for cause, to determine whether they desire to be repre-
sented by Ampco Employees' Mutual Benefit Association or by the
American Federation of Labor for the purpose of collective bargain-
ing, or by neither.