C. A . Dunham Co.

National Labor Relations Board - Board Decisions

Aug 21, 1944

57 N.L.R.B. 1451 (N.L.R.B. 1944)

In the Matter of C. A. DUNHAM COMPANY and INTERNATIONAL
AssocIATION OF MAcHINISTs , DIsmicr 118 (A. F. L.)
Case No. 18-R-1046.Decided August 21,1944
Mr. William, J. Scott, for the Board.
Mr. Frank B. Gilmer, of 'Chicago, Ill., for the Company.
Mr. James Ashie, of St. Paul, Minn., and Mr. Earl P. Hogan, of
Marshalltown, Iowa,' for, the IAM.
Mr. Herbert C. Kane, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by International Association of`Machin-
ists, District 118 (A. F. L.) -, herein called the IAM, alleging that a
question affecting commerce had arisen concerning the representation
of employees of C. A. Dunham Company, Marshalltown, Iowa, herein
called the Company, the National Labor Relations Board provided for
an appropriate hearing upon due notice before Stephen M. Reynolds,
Trial Examiner. Said hearing was held at Marshalltown, Iowa, on
.July 12,1944. The Company and the IAM 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 an opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
C. A. Dunham Company is an Iowa corporation normally engaged
in the manufacturing of heating equipment, and presently engaged, to
a large extent, in the production of war items. In addition to the
Marshalltown, Iowa, plant, the only one here involved, the Company,
operates a plant at Michigan City, Indiana.
57 N. L. R. B., No. 228.
1451
1452 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The Company uses in excess-of $100,000 worth of raw materials,
over 50 percent of which is shipped to the Company's plant from
points outside the State of Iowa. The Company'annually manufac-
tures over $1,000,000 worth of, finished products, over 50 percent of
which is shipped to points outside the State of Iowa.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
H. THE ORGANIZATION INVOLVED R
International Association of Machinists, District 118, affiliated
with the American Federation of Labor, is a labor org{ hization ad-
mitting to membership employees' of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the IAM as the
exclusive bargaining representative of certain of its employees until
the IAM has been certified by the Board in an appropriate unit.
A statement of a Board agent, introduced into evidence at the hear-
ing, indicated that the IAM represents a substantial number of em-
ployees in the unit hereinafter found appropriate 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.
IV. TILE APPROPRIATE UNIT -
The IAM claims that all employees in the machine shop, or factory,
of the Company constitute an appropriate unit. The Company, con-
tends that its foundry employees should also be included in the unit.
There is also a dispute as to the inclusion or exclusion of various fringe'
and supervisory groups.
The Company's contention that foundry employees should be in-
cluded in the unit is based upon its claim that there has been inter-
change between the foundry and factory, over a period of years, in
such degree that it would be impossible satisfactorily to delineate fac-
tory and foundry employees. The record shows, however, that this
interchange has been confined to unskilled and semi-skilled employees;
the skilled employees have not been shifted, but have remained at their
particular jobs. Since the interchange between the factory and the
foundry has been confined to unskilled employees and since the skilled
' The Field Examiner reported that the IAM submitted 62 application cards ; that the
'names of 57 persons appearing on the cards were listed on the Company's pay roll of
June 22, 1944 , which contained the names of 130 employees in the appropriate unit; and
that the cards were dated . 34 in May 1944 , 17 in June 1944; and 11 undated.
C. A. DUNHAM COMPANY 1453
molders and core makers and their apprentices form a traditionally
distinct and long recognized craft, we shall exclude them from the
unit. We shall, however, include the unskilled foundry employees.
The Company contends that group heads be included in the unit.
Uncontradicted testimony showed that the group heads come within
our usual definition of -supervisory employees. We shall exclude them.
'The Company desires janitors and watchmen to be excluded from
the unit; the IAM wants them included. The employees, perform
both janitorial and watchmen duties, they are neither uniformed nor
armed. We shall include them.
The JAM wishes to include the operating engineer over the objection
of the Company. It is clear that he is an ordinary maintenance em-
ployee.without supervisory authority. We shall include him.
The Company contends that two inspectors, whom the IAM wishes
to include, be excluded as being closely allied to management. • It is
clear, however,, that inspectors have no supervisory authority, and
we are. of the opinion that their duties are closely allied to those of
the ordinary 'production employees. Accordingly, we shall include
them.
We. find that all production and maintenance employees at the
Marshalltown plant including watchmen and janitors, inspectors and
the operating engineer, but excluding office and clerical employees,
skilled molders and coremakers and their apprentices, group heads and
all or any other supervisory employees with authority to hire, pro-
mote, discharge, discipline, or otherwise effect changes in the status
of employees, or effectively recommend such action, constitute a un^t
appropriate for the purposes of collective bargaining -,^ithin the mean-
ing 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 3, as amended, it is
hereby
i
1454 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Dnu crm that, as part of the investigation-to ascertain representa-
tives for the purposes of collective bargaining with C. A. Dunham
Company, Marshalltown,` Iowa, 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 Eighteenth Region, acting in this matter as
,agent for the National Labor Relations Board, and subject to Article
III,, Sections 10 and 11, of said Rules and Regulations, among the
employees in the unit found appropriate in Section IV, above, who
were employed during the pay-roll period immediately preceding,
the date of this Direction, including employees who did not work
during said pay-roll, period because they were ill or on vacation br
temporarily laid off, and including employees in the armed forces of
the United States who present themselves in person at the polls, but
excluding those employees who have since quit or been discharged for
cause and have not been rehired or reinstated prior to the date of
the election, to determine whether or not they desire to be represented
by International Association of Machinists, District 118, 'affiliated
with the American Federation of Labor, for the purposes of collective
bargaining.
CHAMAIAN MiLLis took no part in the consideration of the above:
Decision and Direction of Election.
O
I