Bison Castings, Inc.

National Labor Relations Board - Board Decisions

Dec 9, 1942

45 N.L.R.B. 1235 (N.L.R.B. 1942)

In the Matter of BISON CASTINGS , INC. and INTERNATIONAL ASSOCIATION
OF MACHINISTS , QUEEN CITY LODGE 630
Case No. R-4559.-Decided, December 9, 19/2
Jurisdiction : gear castings manufacturing industry.
Investigation and Certification of Representatives : existence of question: re-
fusal to accord recognition until certification.iby the Board; election necessary.
Unit Appropriate for Collective Bargaining : all production and maintenance em-
ployees, excluding office, clerical, and supervisory employees, watchmen, and
guards; stipulation as to.
Mr. Lyman M. Bass, of Buffalo, N. Y., for the Company.,
M. Daniel B. Shortal and Mr. C. F. McDonald, of Buffalo, N. Y., for
the I. A. M.
Mr. James M. Fanning, of Buffalo, N. Y., for the U. S. A.
Mr. David V. Easton, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by International Association of Machinists,
Queen City Lodge 630, A. F. of L., herein called the I. A. M., alleging
that a question affecting commerce had arisen c'dncerning the repre-
sentation of employees of Bison Castings, Inc., of Buffalo, New York,
herein called the Company, the National Labor Relations Board pro-
vided for an -appropriate hearing upon due notice'before Francis V.
Cole, Trial Examiner. Said hearing was held at Buffalo, New York,
on November 16, 1942. The Company, the I. A.,M., and United Steel-
workers of America, C., I. 0., herein called the U. S. A., appeared,
participated, and were afforded full.-opportunity to be heard, to -ex
amine and cross examine witnesses, and to:ailitroduce evidence bearing
on the issues. The Trial Examiner's rulings made at the hearing are
free from prejudicial error and are hereby affirmed. -
45 N. L. R. B, No. 169.
1235
1236 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Upon 'the entire record in the case, the Board makes the following
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Bison Castings, Inc., is a New York corporation, engaged in the
business of melting scrap steel in electric furnaces so as to produce
alloys suitable for gear castings, some of which after being cast by
the Company are rough-machined at the Company's plant. The
Company's place of business is at Buffalo, New York. This proceed-,
ing involves its operations in Buffalo, New York.
During the period from August 3, 1942, to November 16, 1942, the'
Company used raw materials to the approximate value of upwards
of $10,000, of which approximately 20 percent represents shipments
made to the Company from points outside New York. During the
same period the Company manufactured finished products to the
approximate value of upwards of $15,000, of which approximately 10
percent represents shipments to points outside New York.
The Company stipulated that for the purpose of this proceeding
it admits that it is engaged in commerce within the meaning of the
National Labor Relations Act.
IT. THE ORGANIZATIONS INVOLVED
International Association of Machinists, Queen City Lodge 630,
is a labor organization affiliated with the American Federation of
Labor, admitting to membership employees of the Company.
United Steelworkers of America is a labor organization affiliated,
with the Congress of Industrial Organizations, admitting to mem-
bership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On or about October 19, 1942, the I. A. M. requested the Company
to bargain with it as the exclusive representative for the maintenance`
and production employees of the Company, excluding clerical, engi-
neering, sales, and supervisory employees. The Company ref used- ihi§
request until such time as the Board determines the bargaining rep='
resentative of its employees.
A statement of the Acting Regional Director, introduced into evi-
dence at the hearing, and a, statement of the Trial 'Examiner, indi-
' BISON CASTINGS, INC. 1237
Bates that the' I. A. M. and the U. S. A. each represents a substantial
'number of employees in the unit hereinafter found 'appropiiate.1
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.
IT. THE APPROPRIATE UNIT
' In accordance with a stipulation of the parties, we find that all
production and maintenance employees of the Company at its Buf-
falo, New York, plant, excluding office, clerical, and supervisory
,employees, watchmen and guards, constitute a unit appropriate for
the purposes of collective bargaining, within the meaning 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 the 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 Rela-
tions 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 Bison Castings,
Inc., Buffalo, New York, an election by secret -ballot shall be con-
ducted as early as possible, but not later than thirty (30) days from
the date of this Direction, under the direction and supervision of the
' The Acting Regional Director reported tliat the I A. M. had submitted 91 authoriza-
tion cards , 90 of which bore apparently genuine original signatures . Seventy -seven of
the 90 signatures were in the names of persons who were listed on the Company's pay
roll of October 28, 1942 ; 70 of the cards were dated in October 1942, 6 were undated, and
I was incorrectly dated.
The Trial Examiner stated that the U . S A. submitted 41 authoiization cards in support
of its motion to intervene , 40 of which bore apparently genuine original signatures.
Twenty -nine of the 40 cards were in the names of persons on the Company 's pay roll of
October 28 , 1942 . Of these 29 cards, 22 were dated in November 1942, 4 in October 1942,
1 in May 1942, and 2 were undated. At the time of hearing there were approximately 180
employees in the appropriate unit although this number was expected to increase to 300
by January 1, 1943 , after new installations
1238 DECISIONS OF NATIONAL' LABOR - ' RELATIONS BOARD
Regional Director for the Third 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 employees
in the unit found, appropriate in Section IV, above,, who. were-
.em-ployed during the pay-roll period immediately preceding the date of
this Direction, including any such employees who did not work dur-
ing said pay-roll period because they were ill or on vacation or in the
active military service or training of the United States, or tempo-
rarily laid off, but excluding any who have since quit or been dis-
charged for cause, to determine whether they desire to be represented
by International Association of Machinists, Queen City Lodge 630,
affiliated with the American Federation of Labor, or by United
Steelworkers of America, affiliated with the Congress of Industrial
Organizations, for the purposes of collective bargaining, or by
neither.