Crawfordsville Foundry Co.

National Labor Relations Board - Board Decisions

Oct 12, 1945

64 N.L.R.B. 104 (N.L.R.B. 1945)

In the Matter Of CRAWFORDSVILLE FOUNDRY COMPANY and INTERNA-
TIONAL MOLDERS AND FOUNDRY WORKERS UNION OF NORTH AMERICA,
LOCAL 372, AFL
Case -No. 11-R-831.-Decided October 12, 1945
Mr. Chase Harding, of Crawfordsville, Ind., and Mr. Fae Patrick,
of Indianapolis, Ind., for the Company.
Messrs. Lester Campbell and Elmer Reynolds, of Cincinnati, Ohio,
for the Union.
Mr. Joseph D. Manders, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon amended petition duly filed by International Molders and
Foundry Workers, Local 372, AFL,' herein called the Union, alleging
that.a question affecting commerce had arisen concerning -the repre-
sentation of employees of Crawfordsville Foundry Company, Craw-
fordsville, Indiana, herein called the Company, the National Labor
Relations-Board provided for an appropriate hearing upon due notice
before William O. Murdock, Trial Examiner. The hearing was held
at Crawfordsville, Indiana, on July 9, 1945. The Company and the
Union 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
The Crawfordsville Foundry Company, an Indiana corporation,
operates a foundry at Crawfordsville, Indiana, where it is engaged in
1 At the hearing, the Union orally amended the petition, correcting its name to read as
herein stated
04 N L R. B., No. 22.
104
CRAWFORDSVILLE FOUNDRY COMPANY 105
the manufacture and sale of grey-iron castings. The Crawfordsville
foundry is the sole plant involved in this proceeding. The principal
raw materials used by the Company in, its manufacturing processes
are pig iron, scrap iron, coke, molding sand, core sand, core oil, and
fire clay. During 1944 the Company purchased raw materials valued
at approximately $50,000, of which approximately 50 percent was
shipped to the Crawfordsville foundry from points outside the State
of Indiana. During the same period, the Company sold'finished prod-'
acts' valued at approximately $100,000, of which almost 11/2 percent
was shipped to points outside the State of Indiana.
We find that the Company's operations at the Crawfordsville
foundry affect commerce within the meaning of the National Labor
Relations Act.-
II. TIIE ORGANIZATION INVOLVED
International Molders and Foundry Workers Union of North
America, Local 372, affiliated with the American Federation of Labor,
is a labor organization admitting to' membership employees of the
Company.
III. TIIE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the Union as the
exclusive bargaining representative of its employees until',the Union
has been certified by the Board in an appropriate unit: -
A statement of a Board agent, introduced into the evidence at the
hearing, indicates that the Union represents.a substantial number of
employees in the unit hereinafter found 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.
IV. TIIE APPROPRIATE UNIT
The parties stipulated, and we find, that all production and main-
tenance employees of the Company at its Crawfordsville, Indiana,
plant, 'excluding office and clerical employees, and all supervisory
employees with authority to hire, promote, discharge, discipline, or
otherwise effect changes in the status of employees, or effectively rec-
ommend such action, constitute a unit appropriate for the purposes
of collective bargaining within the meaning of Section 9 (b) of
the Act.
2 See Matter of Crawfordsville Foundry Company, 40 N L. R B 526
8 The Field Examiner reported that the Union submitted 27 authorization cards, and
that there were 33 employees in the unit petitioned for.
106 DECISIONS OF, NATIONAL LABOR RELATIONS, BOARD
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 rested ' in the National
Labor Relations Board by Section 9 (c)' of the National Labor Rela-
tions Act, and pursuant to Article III;, Sectioii 9, of National Labor
Relations Board Rules and Regulations Series 3, as amended, it is
hereby
DIRECTED that, as part- of the investigation to ascertain represen-
tatives for the purposes of collective bargaining with Crawfordsville
Foundry Company, Crawfordsville, Indiana, 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 Eleventh 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 Regula-
tions, among the employees in the unit found-appropriate in Section
IV,, above, who were employed during the pay-roll period immedi-
ately preceding the date of this Direction, 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 Molders and-Foundry Workers Union
of North America, Local 372, A. F. of L.,,for the purposes of collec-
tive bargaining. ' , -