Davenport Machine & Foundry Co.

National Labor Relations Board - Board Decisions

Mar 23, 1948

76 N.L.R.B. 938 (N.L.R.B. 1948)

In the Matter of DAVENPORT MACHINE & FOUNDRY CO., EMPLOYER and
INTERNATIONAL BTOTHERHOOD OF BOILERMAKERS, IRON SHIP BUILD-
ERS AND HELPERS OF AMERICA, LOCAL #377, A. F. OP L., PETITIONER
Case No. 18-R-109.-Decided March 23, 1948
Mr. Ben T. Reidy, of Rock Island, Ill., and Mr. Charles F. Scherer,
of Davenport, Iowa, for the Employer.
Mr. Thomas M. Conway, of St. Louis, Mo., and Mr. Harry Esmond,
of Davenport, Iowa, for the Petitioner.
Mr. James Ashe, of St. Paul, Minn., and Mr. George L. Watkins, of
Moline, Ill., for the Intervenor.
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, hearing in this case was held at Daven-
port, Iowa, on November 25, 1947, before Clarence A. Meter, hearing
officer.' The hearing officer's rulings made at the hearing are free
from prejudicial error and are hereby affirmed.
Upon the entire record in the case, the National Labor Relations
Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF T1-1E EMPLOYER
Davenport Machine & Foundry Co. is an Iowa corporation oper-
ating a plant at Davenport, Iowa, where it is engaged in the manu-
facture of foundry and dehydration equipment and in the fabrication
of structural steel. During 1946, the Employer purchased raw mate-
rials valued in excess of $100,000, about 80 percent of which was
shipped to its plant from points outside the State of Iowa. During
1 Pursuant to the provisions of Section 3 (b) of the National Labor Relations Act, the
National Labor Relations Board has delegated its powers in connection with this case to
a three-man panel consisting , of the undersigned Board Members [Houston , Reynolds, and
Gray).
76 N. L. R. B., No. 129.
938
DAVENPORT MACHINE & FOUNDRY CO. 939
the same period the Employer sold products, valued in excess of
$100,000, of which approximately 80 percent was shipped to points
outside the State.
The Employer admits and we find that it is engaged in commerce
within the meaning of the National Labor Relations Act.
II. TIIE ORGANIZATIONS INVOLVED
The Petitioner is a labor organization affiliated with the American
Federation of Labor, claiming to represent employees of the Employer.
The International Association of Machinists, herein called the
I. A. M., is a labor organization, claiming to represent employees of the
Employer.'
III. THE QUESTION CONCERNING REPRESENTATION
The Employer refuses to recognize the Petitioner as the exclusive
bargaining representative of employees of the Employer until the Peti-
tioner has been certified by the Board in an appropriate unit.
We find that a question affecting commerce exists concerning the
representation of employees of the Employer, within the meaning of
Section 9 (c) (1) and Section 2 (6) and (7) of the Act.
IV. TIIE APPROPRIATE UNIT ; THE DETERMINATION OF REPRESENTATIVES
The Employer's plant is operated in three departments : a foundry,
a structural steel shop, and a machine shop. In 1943, pursuant to
elections directed by the Board,3 the I. A. M. was certified as bargaining
representative of a combined unit composed of the machine shop and
the structural steel shop; and International Molders and Foundry
Workers Union of North America, Local 230, A. F. of L., was certified
as representative of the foundry employees.
The Petitioner now asks for the establishment of a separate unit of
the structural steel shop employees. The I. A. Al. agrees with the
Petitioner that such a unit is appropriate and indicates that it is willing
to relinquish its status as bargaining representative of these employees.
The Employer urges that the single unit of machine and structural
steel shop employees is appropriate, as previously found by the Board.
The structural steel shop is in a building presently separated from
the machine shop; the machine shop and foundry buildings are joined
together. All operations of the Company are under the charge of a
general superintendent. Under him, there is a foreman for each of the
2As discussed in Section IV, infra, the I. A. Al appealed for the sole purpose of stating
its position as to the appropriateness and the scope of the unit
x Matter of Davenport Machine cC Fonndt y Co ., 49 N L . R B 1419
940 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
-departments. The machine shop foreman acts in the capacity of
assistant superintendent and assists in the coordination of the work of
the three departments.
The employees in the structural steel shop spend part of their time
fabricating beams for buildings, bridges, and river dams, making parts
for mechanical presses, and in other structural steel work of similar
nature. The remainder of their time is engaged in certain operations
connected with the Employer's manufacture of steam and direct heat
dehydrators. These dehydrators are constructed partly in the machine
shop and partly in the structural steel shop. The work performed in
the structural steel shop on the dehydrators is clearly delineated and is
of the traditional boilermaker type. Occasionally, for convenience,
one or two welders in the structural steel shop perform work on a
dehydrator while it is located in the machine shop. Conversely, one of
the machinists spends 3 or 4 clays a month working on dehydrators
while they are located in the structural steel shop. The Employer's
maintenance men and the blacksmith, whom the Petitioner and the
I. A. M. agree should be excluded from the unit sought herein, do a
portion of their work in the structural steel shop. Both categories of
employees, however, have their headquarters and do their bench work
in the machine shop.
Under the circumstances, we are of the opinion that the structural
steel shop employees constitute a homogeneous group and that they
may constitute a separate appropriate unit if they so desire.4 We
shall direct an election among them to determine whether or not they
desire to be represented by the Petitioner. If a majority of those
voting select the Petitioner, they will be taken to have indicated theer
desire to constitute a separate unit represented by the Petitioner.
Under these circumstances, we shall find that they constitute an appro-
priate unit for bargaining purposes and shall certify the Petitioner
as their exclusive bargaining representative. Otherwise, we shall dis-
miss the petition.
Employees eligible to vote shall be all structural steel shop workers
of the Employer, including welders, lay-out men, assemblers, and
helpers, but excluding office and clerical employees, maintenance men,
the blacksmith, the structural steel shop foreman and all other super-
visors, subject to the limitations and additions set forth in our Direc-
tion of Election.
DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with Davenport Machine & Foundry
Cf Matter of Johnson City Foundry & Machine Works; The, 75 N L. R. B. 475.
DAVENPORT MACHINE & FOUNDRY CO. 941
Co., Davenport, 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, and subject to Sec-
tions 203.61 and 203.62 of National Labor Relations Board Rules
and Regulations-Series 5, among the employees in the voting group
described in Section IV, above, who were employed during the pay-
roll period in-inlediately preceding the date of this Direction, including
employees who did not work during said pay-roll period because they
were ill or on vacation or temporarily laid off, 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, and
also excluding employees on strike who are not entitled to reinstate-
ment, to determine whether or not they desire to be represented by
International Brotherhood of Boilermakers, Iron Ship Builders and
Helpers of America, Local #0077, A. F. of L., for the purposes of
collective bargaining.