Campbell, Wyant & Cannon Foundry Co.

National Labor Relations Board - Board Decisions

Jun 9, 1941

32 N.L.R.B. 416 (N.L.R.B. 1941)

In the Matter of CAMPBELL, WYANT & CANNON FOUNDRY CO. and LOCAL
539, INTERNATIONAL UNION, UNITED AUTOMOBILE WORKERS OF
AMERICA, C. I. O.
Case No. R-.56..Decided June 9, 1941
Jurisdiction : castings manufacturing industry.
Investigation and Certification of Representatives : existence of question: con-
flicting claims of rival representatives, election necessary.
Unit Appropriate for Collective Bargaining : production and nonproduction em-
ployees of the Company, with the exception of supermtendents, foremen, as-
sistant foremen, watchmen, plant-protection employees, office and factory
clerical employees, and supervisory employees with power to hire or discharge ;
stipulation as to.
Practice and Procedure
Although two A. F. of L affiliates sought to represent the same employees,
the Board did not dismiss the petition but determined the question concern-
ing representation, since a C. I. 0. union was not a party to the jurisdictional
dispute and sought to represent the same employees
Mr. C. N. Sessions and Mr. William J. Barclay, of Muskegon, Mich.,
for the Company.
Mr. Leonard Woodcock, of Grand Rapids, Mich., for Local 539.
Mr. E. M. Jarvis and Mr. Elmer Reynolds, of Cincinnati, Ohio, for
the Foundry Workers.
Mr. Edward T. Donahue, of Spring Lake, Mich., for Local No. 655.
Mr. Frederic B. Parkes, 2d, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On February 24, 1941, Local 539, International Union, United Auto-
mobile Workers of America, C. I. 0., herein called Local 539, filed
with the Regional Director for the Seventh Region (Detroit, Michi-
gan) a petition alleging that a question affecting commerce had arisen
concerning the representation of employees of Campbell, Wyant &
Cannon Foundry Co., Muskegon Heights, Michigan, herein called the
Company, and requesting an investigation and certification of repre-
32N L R B ,No 84.
416
CAMPBEiLL, WY AiNT & CIANNON FOUNDRY CIO. 417
sentatives pursuant to Section 9 (c) of the National Labor Relations
Act, 49 Stat. 449, herein called- the Act. On April 22, 1941, the Na-
tional Labor Relations Board, herein called the Board, acting pur-
suant to Section 9 (c) of the Act, and Article III, Section 3, of Na-
tional Labor Relations Board Rules and Regulations-Series 2, as
amended, ordered an investigation and authorized the Regional Di-
rector to conduct it and to provide for an appropriate hearing upon
due notice.
On May 12, 1941, the Regional Director issued a notice of hearing,
copies of which were duly served upon the Company and Local 539
and upon International Molders and Foundry Workers' Union of
North America, herein called the Foundry Workers, and Local No.
655, International Union, United Automobile Workers of America,
herein called Local No. 655, labor organizations claiming to represent
employees directly affected by the investigation. Pursant to notice, a
hearing was held on May 16, 1941, at Muskegon, Michigan, before
Robert J. Wiener, the Trial Examiner duly designated by the Chief
Trial Examiner. At the beginning of the hearing the Foundry Work-
ers and Local No. 655 presented motions to intervene, which were
granted by the Trial Examiner. The Company, Local 539, the Foundry
Workers, and Local No. 655 were represented by counsel or official
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 various rulings on
motion 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
1. THE BUSINESS OF THE COMPANY
Campbell, Wyant & Cannon Foundry Co. is a Michigan corporation
engaged principally in the production of rough castings for auto-
mobile manufacturers. At the present time the Company is also en-
gaged in the manufacture of shell blanks and crank shafts. The
principal raw materials used by the Company include pig iron, lime-
stone, core sand, silicate, manganese, and scrap iron. During the
year 1940 the Company purchased raw materials valued at more than
$3,000,000, 40 per cent of which were purchased and shipped to it from
points outside the State of Michigan. During the same period the
Company manufactured and sold products valued at more than
$6,750,000, of which approximately 35 per cent were sold and shipped
418 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
to points outside the State of Michigan. The Company employs
approximately 2,072 employees.
II. THE ORGANIZATIONS INVOLVED
Local 539, International Union, United Automobile Workers of
America, is a labor organization affiliated with the Congress of Indus-
trial Organizations, admitting employees of the Company to
membership.
International Molders and Foundry Workers' Union of North
America is a labor organization affiliated with the American Federa-
tion of Labor, admitting employees of the Company to membership.
Local No. 655, International Union, United Automobile Workers of
America, is a labor organization affiliated with the American Federa-
tion of Labor, admitting employees of the Company to membership.
III. THE QUESTION CONCERNING REPRESENTATION
The Company, Local 539, the Foundry Workers, and Local No. 655
stipulated at the hearing that a question concerning representation
exists in that each of the three labor organizations herein claims to
represent a majority of the employees of the Company in an appro-
priate bargaining unit. On February 26, 1941, the Company refused
to recognize Local 539 as the exclusive bargaining agent for all the
employees in the alleged appropriate unit. Statements of the Regional
Director and of the Trial Examiner introduced into evidence at the
hearing show that Local 539, the Foundry Workers, and Local No. 655
represent a substantial number of employees in the unit found below
to be appropriate.'
We find that a question has arisen concerning the representation
of employees of the Company.
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
I Local 539 filed with , the Regional Director authorization cards, the total of which did
not appear in his statement The Regional Director found that with few exceptions all the
signatures were genuine and that a substantial number of the signatures were the names
of persons on the Compny's pay roll of May 9, 1941
The Foundry workers filed 674 authorization cards and 13 dues -record cards with the
Tual Examiner, who found that with few exceptions the signatures were genuine, and that
a substantial number of signatures were names of persons on the Company's pay roll of
May 3, 1941
Local No. 655 filed 100 authorization cards with the Trial Examiner, who found that
with few exceptions the signatures were genuine and that a substantial number of the
signatures were names of persons on the Company s pay roll of May 3, 1941.
There are approximately 1,600 employees in the appropriate unit
CAMPBELL, WYANT & CAINTNON FOUNDRY CIO. 419
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
The Company, Local 539, the Foundry Workers, and Local No. 655
stipulated at the hearing, and we find, that all production and non-
production employees of the Company, with the exception of super-
intendents, foremen, assistant foremen, watchmen, plant-protection
employees, office and factory clerical employees, and supervisory em-
ployees with power to hire or discharge, constitute a unit appropriate
for the purposes of collective bargaining. We further find that said
unit will insure to employees of the Company the full benefit of
their right to self-organization and to collective bargaining and
otherwise effectuate the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
We find that the question concerning representation can best be
resolved by means of an election by secret ballot.
Local 539, the Foundry Workers., and Local No. 655 desire to be
designated separately on the ballots. We have consistently dismissed
proceedings when two unions subject to the discipline of the same
parent body have disagreed over the extent of their jurisdiction.
Since Local 539 is not a party to the jurisdictional dispute and since
the three unions are seeking to represent the same employees of the
Company, we must determine the question of representation raised
In this proceeding, irrespective of incidental or collateral dispute
over jurisdiction between the Foundry Workers and Local No. 655,
both of which are affiliated with the American Federation of Labor.
If only Local 539 is designated on the ballot, it would place the
adherents of the American Federation of Labor affiliates in the
position of apparently voting against any collective' bargaining.
Rather than do this, we shall designate all three unions' on the
ballot.,
2 See Hatter of Long-Bell Lumber Company and International Association of Machinists,
Local No. 1350, affiliated with the American Federation of Labor , 16 N. L R B. 892, and
cases cited therein.
It should be noted, however , that if, as a result of the election directed herein , either the
Foundry workers or Local No . 655 is certified as the representative of the employees within
the appropriate unit, our certification would not be a holding that the Foundry workers or
Local No. 655 is the union authorized by the American Federation of Labor to assert juris-
diction over the employees herein involved . As in other cases it will mean that the Ameri-
can Federation of Labor affiliate certified is the exclusive bargaining representative of
employees of the Company in an appropriate unit for the purposes of collective bargaining.
448692-42-vol 32-28
420 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The Company, Local 539, the Foundry Workers, and Local No.
655 requested that the pay roll of May 3, 1941, introduced into evi-
dence, should be used for the purpose of determining eligibility to
vote. We shall give effect to the desires of the parties in this re-
spect and shall accordingly direct that the employees of the Com-
pany eligible to vote in the election shall be those in the appropriate
unit who were employed during the pay-roll period ending May 3,
1941, subject to such limitations and additions as are set forth in
the Direction of Election herein.
Upon the basis of the above findings 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 Campbell, Wyant & Cannon Foundry Co.,
Muskegon Heights, Michigan, within the meaning of Section 9 (c)
and Section 2 (6) and (7) of the Act.
2. All production and non-production employees of the Company,
with the exception of superintendents, foremen, assistant foremen,
watchmen, plant-protection employees, office and factory clerical em-
ployees, and supervisory employees with power to hire or discharge,
constitute a unit appropriate for the purposes of collective bargain-
ing within the meaning of Section 9 (b) of the Act.
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, 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
DIRECTED that, as part of the investigation authorized by the
Board to ascertain representatives for the purposes of collective
bargaining with Campbell, Wyant & Cannon Foundry Co., Muske-
gon Heights, Michigan, 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 Seventh 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 all pro-
duction and non-production employees of the Company, who were
employed during the pay-roll period ending May 3, 1941, including
employees who did not work during such pay-roll period because
they were ill or on vacation or in the active military service ' or
CAMPBELL, W 1 ANT & _.CANNON FOUNDRY CO. 421
training of the United States, or temporarily laid off, but excluding
superintendents, foremen, assistant foremen, watchmen, plant-pro-
tection employees, office and factory clerical employees, supervisory
employees with power to hire or discharge, and employees who
have since quit or been discharged for cause, to determine whether
they desire to be represented by Local 539, International Union,
United Automobile Workers of America, affiliated with the Congress
of Industrial Organizations, or by International Molders and Foun-
dry Workers' Union of North America, affiliated with the American
Federation of Labor, or by Local No. 655, International Union, United
Automobile Workers of America, affiliated with the American Feder-
ation of Labor, for the purposes of collective bargaining, or by none
of such organizations.