Burt Foundry Co.

National Labor Relations Board - Board Decisions

Dec 1, 1942

45 N.L.R.B. 957 (N.L.R.B. 1942)

In the Matter of BURT FOUNDRY COMPANY and INTERNATIONAL UNION,
,UNITED AUTOMOBILE, AIRCRAFT & AGRICULTURAL IMPLEMENT WORK-
ERS OF AMERICA, LOCAL 12 (C. I. O.)
Case No. R-4463.-Decided December 1; 194P,
Jurisdiction : iron castings industry.
Investigation and Certification of Representatives : existence of question:
refusal to accord recognition until certification by the Board ; contract about
to expire not asserted as a bar, no bar; election necessary.
Unit Appropriate for Collective Bargaining : all production and maintenance
employees, excluding those with authority to hire and discharge, clerical
employees and watchmen ; unit confined to molders, coremakers, helpers and
apprentices requested by intervenor, held inappropriate in view of past -bar-
gaining and contracts with that organization on an industrial basis.
Mr. James P. Falvey, of Toledo, Ohio, for the Company.
Mr. Lowell Goerlich acid Mr. Cyrus Martin, of Toledo, Ohio, for
the U. A. W.-C., 1. 0. '
Mr. William F: Sturm and Mr. Alfred P. Stencel, of Toledo, Ohio,
for the Molders.
Mr. Louis Cokin, of counsel to the Board.
ti
V}
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
"Upon 'petition duly' filed by International Union, United Automo-
bile, Aircraft & Agricultural Implement Workers of America, Local
12, C. I. 0., herein called the U. A. W.-C. I. 0., alleging that a
question affecting commerce had arisen concerning the representation
of employees of Burt Foundry Company, Toledo, Ohio, herein called
the Company, the National Labor Relations Board provided for an
appropriate hearing upon due notice before Max W. Johnstone, Trial
Examiner. Said hearing was held at Toledo, Ohio, on November 2,
1942. The Company, the U. A. W.-C. I. 0., and International
Molders Union, Local 425, herein called the Molders, appeared, par-
ticipated, 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.
45 N. L. It B, No 140
957
958 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
Burt Foundry Company is an Ohio corporation with;its"principal
place of business at Toledo , Ohio, where it is engaged in production
of gray iron coatings . During the first 6 months ' of 1942, the Coln-
pany purchased raw materials valued in excess of $50,000 , almost
all of which was shipped to it from points within Ohio. During the
same period the Company , produced castings valued at $254,000,
approximately 9 percent of which was shipped to points outside
Ohio. The Company admits that it is engaged in commerce within
the meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
International Union, United Automobile, Aircraft & Agricultural
Implement Workers of America, Local 12, is a labor organization
affiliated with the Congress of Industrial Organizations, admitting
to membership employees-of the Company. 1 '11
International Molders Union, Local 425, is a labor organization
affiliated with the American Federation of Labor, admitting to mem-
bership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION 4f'3
Prior to the hearing the U. A. W.-C. I. O. requested the Company
to recognize it as the exclusive representative of the Company's em-
ployees. The Company refused this request stating that it was operat-
ing under a contract with the Molders. The contract between-the,
Molder's and the Company expired by its terms on November, 8, 1942;,
and none of the parties contended at the hearing that the contract is a
bar to these proceedings.
A statement of a Field Examiner of the Board, introduced into evi-
dence at the hearing, indicates that the U. A. W.-C. I. O. represents a
substantial number of employees in the unit hereinafter found to be
appropriate.'
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.
1 The Field Examiner , reported that the U. A. w: C. I. O. presented its membership records
sliowing'that 67 persons whose names appear 'on the Company s̀ pay roll of September 18,
1942, are members of the U. A W.C. I. O. There are approximately 125 employees in the
unit hereinafter found to be appropriate . The Molders did not present any evidence of
membership to the Field Examiner but submitted its contract with the Company as evidence
of its Interest in these proceedings.
BURT FOUNDRY COMPANY
IV. THE APPROPRIATE UNIT
959
The U. "A. W.-C. I. O. urges that all production and maintenance-
employees of the Company, excluding employees who have the author-
ity to'hire and discharge, clerical employees, and watchmen, constitute
a unit appropriate for the purposes,of collective bargaining. The
Molders c©ntend,that all journeymenmolders,.job,molders, coremakers,
and helpers and apprentices, constitute an appropriate unit.
The Company has been dealing with the Molders as -'the exclusive
representative of all its production and maintenance employees since
1935 and its last contract expired on November 8, 1942. Except for
the watchmen, the classifications of employees claimed by the
U. A. W.-C. 1. 0. are the same as those covered by the contracts between
the Molders and the Company.
In view of the collective bargaining history between the Company
and the Molders on an industrial basis for a period of 7 years, we
believe that the unit urged by the Molders in the instant proceeding
is inappropriate, and we so find.
At the hearing, all parties agreed that watchmen should be ex-
cluded,from the unit. Although such employees were covered by the
contracts between the Molders_and'the Company, the record indicates
that at the time of the hearing, watchmen were engaged in guarding
the Company's premises and performed confidential duties. We shall
exclude them from the unit.
We find that all production and maintenance employees of the Com-
pany, excluding those who have the authority to hire and discharge,
clerical employees; and watchmen, 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 em-
ployees in the appropriate unit who were employed during the pay-
roll period immediately preceding the date of the Direction of Elec=
tion 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
'960 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Burt Foundry
Company, Toledo, Ohio, 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
Regional Director for the Eighth 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 Union, United Automobile, Aircraft & Agricultural
Implement Workers of America, Local 12, affiliated with the Congress
of Industrial Organizations, or by International Molders Union, Local
425,laffili'ated',with the American,'Federation of Labor,'for the purposes
of collective bargaining, or by neither.