Dayton Malleable Iron Co.

National Labor Relations Board - Board Decisions

Mar 21, 1950

88 N.L.R.B. 1338 (N.L.R.B. 1950)

In the Matter of G. H. R. FOUNDRY DIVISION OF THE DAYTON MALLE-
ABLE IRON COMPANY, EMPLOYER AND PETITIONER and UNITED ELEC-
TRICAL, RADIO AND MACHINE WORKERS OF AMERICA (UE), LOCAL
768 AND INTERNATIONAL UNION OF ELECTRICAL, RADIO AND MACHINE
WORKERS, LOCAL 798, C. I. 0.,1 UNIONS
Case No. 9-RM-54.Decided March 21,1950
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, a hearing was held before Alan A. Bruck-
ner, hearing officer. The hearing officer's rulings made at the hearing
are free from prejudicial error and are hereby affirmed.
Pursuant to the provisions of Section 3 (b) of the National Labor
Relations Act, the Board has delegated its powers in connection with
this case to a three-member panel [Members Houston, Reynolds, and
Murdock].
Upon the entire record in this case, the Board finds :
1. The Employer is engaged in commerce within the meaning of
the National Labor Relations Act.
2. The labor organizations named below claim to represent em-
ployees of the Employer.
3. The question concerning representation :
The United Electrical, Radio and Machine Workers of America
(UE), Local 768, hereinafter called UE, affiliated with the C. I. 0.,
until November 2, 1949, has had contractual relations with the Em-
ployer covering the employees involved herein since 1940. The last
contract between the Employer and the UE, executed before November
2, 1949, is terminable on June 1, 1950. Evidence was introduced at
the hearing tending to show that the Local Union had disaffiliated
from the UE and had affiliated with the International Union of Elec-
trical, Radio and Machine Workers, CIO, hereinafter called IUE-CIO,
with a resultant break-down in the normal bargaining relationship
between the Employer and the representative of its employees. How-
ever, inasmuch as the UE specifically waives its right to contend that
1 As amended subsequent to the hearing.
88 NLRB No. 248.
1338
G. H. R. FOUNDRY DIVISION 1339
the current contract constitutes a bar to a present determination of
representatives with regard to this proceeding, we find it unnecessary
t8 rule upon the evidence of a schism in the contracting union or the
contract bar issue.
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.
4. The appropriate unit :
The parties are generally agreed that the appropriate unit is that
conforming to the history of collective bargaining and the current
contract.
The IUE-CIO would include and the Employer and UE would
exclude a group of 32 employees referred to as shop clerks.2 These em-
ployees, previously excluded from the bargaining. unit, are factory
clericals employed in the maintenance department, cleaning or finish-
ing room, core assembly room, and molding department. Their speci-
fic classifications include those of stock clerks, scalemen, shipping
clerks, checkers, and counters. They are paid on an hourly basis
as are the production and maintenance employees and receive approxi-
mately the same vacation, insurance, and sick benefits. They are
supervised by the foremen of the various departments in which they
are employed. Although the work of some of the shop clerks includes
counting the items produced by other employees for the purpose of
computing incentive pay, we find no merit in the contention of the
UE and the Employer that the shop clerks are confidential employees
closely allied to management.3 We have previously held that such
employees may properly be included in the same unit with produc-
tion and maintenance employees.4 We shall therefore include them 5
The following employees of the Employer constitute a unit ap-
propriate for purposes of collective bargaining within the meaning
of Section 9 (b) of the Act:
All production and maintenance employees employed at the Em-
ployer's Dayton, Ohio, plant, including shop clerks but excluding
office and clerical employees, co-op students, student engineers, tech-
nical employees, professional employees, guards,6 and all supervisors.
2 The parties agreed that the term shop clerk includes employees designated in the
petition as timekeepers.
3H. 0. Canfield Company, 76 NLRB 606 ; cf. Eclipse Machine Division, Bendix Aviation
Corporation , 60 NLRB 308.
Wichita Falls Foundry & Machine Co., 69 NLRB 458.
See, Lone Star Producing Company, 85 NLRB 1137.
The record reveals that these employees perform the normal duties of plant protection
employees in guarding the Employer 's property against fire and other hazards. We find
that they are guards within the meaning the the amended Act.
1340 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
DIRECTION OF ELECTION 7
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with the Employer, an election by
secret ballot shall be conducted as early as possible, but not later than
30 days from the date of this Direction, under the direction and
supervision of the Regional Director for the Region in which this
case was heard, and subject to Sections 203.61 and 203.62 of National
Labor Relations Board Rules and Regulations, among the employees
in the unit found appropriate in paragraph numbered 4, above, who
where employed during the payroll period immediately preceding
the date of this Direction of Election, including employees who did
not work during said payroll period because they were ill or on vaca-
tion 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 em-
ployees on strike who are not entitled to reinstatement, to determine
whether they desire to be represented, for purposes of collective bar-
gaining, by United Electrical, Radio and Machine Workers of Amer-
ica (UE), Local 768; or by International Union of Electrical, Radio
and Machine Workers, Local 798, C. I. O.,8 or by neither.
7 Any participant in the election directed herein may, upon its prompt request to, and
approval thereof by, the Regional Director, have its name removed from the ballot.
8 Local 798, IUE-CIO is a new organization substituting for and with the consent of
Local 768, IUE-CIO. It has not yet complied with Section 9 (f), (g), and (h) of the
amended Act. The participation of Local 798, IUE-CIO, in the election directed herein is
conditioned upon its full compliance with those provisions of the Act within 2 weeks from
the date of this Direction. See, General Motors Corporation, 88 NLRB 450.