Buckeye Steel Casting Co.

National Labor Relations Board - Board Decisions

Oct 3, 1942

44 N.L.R.B. 771 (N.L.R.B. 1942)

In the Matter of BUCKEYE STEEL CASTING COMPANY and UNITED STEEL-
WORKERS OF AMERICA
Case No. R-4289.-Decided October 3, 194
Jurisdiction : steel 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 foremen, assistant foremen, plant guards, watchmen, and all
-shop and office clerical and salaried employees; stipulation as to.
Vor ys, Sater, Seymour cf Pease, by' Mr. Webb I. Vorys, of Colum-
bus, Ohio, for the Company. °
Mr. Howard M. Porter and Mr. John L. Guilt, Jr., of Columbus,
Ohio, for the U. S. A. -
Mr. Louis Kah, of Columbus, Ohio, for the Molders.
Mr. Louis Cokin, of counsel to the-Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition drily filed by United Steelworkers of America , herein
called the U. S. A., alleging that i question affecting commerce had
arisen concerning'the representation of employees of Buckeye Steep
Casting Company , Columbus, Ohio, herein called the Company, the
National Labor Relations Board provided for an . appropriate hearing
upon due notice before James A. Shaw , Trial Examiner . Said hearing
was held at Colmbus , Ohio, on September 18, 1942. The Company,
the U. S. A., and International Molders and Foundry Workers Union
of North America, ' herein called the Molders , 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. I ,
Upon the entire record in the case, the Board makes the following-.
FINDINGS OF FACT
1. THE BUSINESS OF THE' COMPANY
• Buckeye Steel Casting Company is an Ohio corporation with its-
principal place of business at Columbus, Ohio, where it is engaged in.
44 N. L. R. B,.No. 147. - 1
771 '
772 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the,manufacture of steel castings. During 1941 'the Company sold
products valued in excess of $8,000,000, approximately 95 percent of
which was shipped out of Ohio. During the same period, 86 percent
of all raw materials used by the Company was shipped to it from points
outside Ohio. '
II. THE ORGANIZATIONS INVOLVED
United Steelworkers of America is a labor 'organization affiliated
with the Congress of Industrial Organizations, admitting to member-
ship employees of the Company.
International Molders alid Foundry Workers Union of North Amer-
ica is a labor organization affiliated with the American Federation of
Labor, admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
During August 1942, the U. S. A. requested the Company to recog-
nize it as the exclusive representative of the Company's employees.
The Company refused this request, stating that it doubted the Union's
claim to a majority.
A statement of a Field Examiner of the Board, introduced into evi-
dence during the hearing, indicates that the U. S. A. represents a
substantial number of the employees in the unit hereinafter found to
be approp"riate.I
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 National Labor
Relations Act.
IV. THE APPROPRIATE UNIT
We find, in accordance with a stipulation of the parties , that all
production and maintenance employees of the Company , excluding
foremen, assistant foremen, plant guards, watchmen, and all ,shop, and
office clerical and salaried employees , 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 find that the question concerning representation which has
arisen can best be resolved by an election by secret ballot. In accord-
r
The Field Examiner reported that the U S. A presented 629 membership application
cards bearing apparently genuine signatures of persons whose names appear on the Com-
pany ' s pay roll of September 1, 1942. There are approximately 1448 employees in the unit
hereinafter found to be appropriate . The Field Examiner further reported that the
Molders presented 269 authorization cards bearing apparently genuine signatures of persons
whose names appear on the Company 's pay roll of September 1, 1942.
BUCKEYE STEEL CASTING COMPANY 773
ante with a stipulation of the parties, we shall direct that the em-
ployees eligible to vote in'the election shall be those in the appropriate`
unit whose names appear on the September 9 to 15, 1942, pay roll of
the Company, subject to'the limitations and additions set forth in the
Direction of Election herein.
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
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 Buckeye Steel
Casting Company, Columbus, Ohio, 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 Ninth Region, acting in this matter
as agent for the National Labor Relations Board and subject to Article
III, Section 9, of said Rules and Regulations, among the employees in
the unit found appropriate in Section IV, above, whose names appear
on the September 9 ,to 15, 1942, pay roll of the Company,;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 temporarily laid off, but excluding any who
have since quit or been discharged for, cause, to determine whether
they desire to be represented by United Steelworkers of America,
affiliated with the Congress of Industrial Organizations, or by Inter-
national Molders and-Foundry Workers'Union of North America, affil-
iated with the American Federation of Labor, for the purposes of col-
lective bargaining, or by neither.
MR. Wri. M.' LEISERSON took no part in the consideration, of the
above Decision and Direction of Election. .