Dedman Foundry & Machine Co.

National Labor Relations Board - Board Decisions

Nov 26, 1945

64 N.L.R.B. 908 (N.L.R.B. 1945)

In the Matter of FEDERAL STEEL PRODUCTS CORPORATION , D/B/A DEDMAN
FOUNDRY & MACHINE COMPANY and INTERNATIONAL MOLDERS AND
FOUNDRY WORKERS UNION OF NORTH AMERICA, LOCAL 259, AFL
Case No. 16-R-1025.-Decided November 26, 19.¢5
Mr. R. A. Myers, of Houston, Tex ., for the Company.
Messrs. W. F. Heickman and P. S . Hinshaw ; of Houston , Tex., for
the Foundry Workers.
Mr. W. A. Combs , of Houston , Tex., for the Steelworkers.
Mr. Jack Mantel , of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon an amended petition duly filed by International Molders and
Foundry Workers Union of North America, Local 259, AFL, herein
called the Foundry Workers, alleging that it question affecting com-
merce had arisen concerning the representation of employees of Fed-
eral Steel Products Corporation, doing business as Dedman Foundry &
Machine Company, herein called the Company, the National Labor
Relations Board provided for an appropriate hearing upon due notice
before Glenn L. Moller, Trial Examiner. The hearing was held at
Houston, Texas , on July 27, 1945. The Company, the Foundry Work-
ers, and United Steelworkers of America, CIO, herein called the
Steelworkers, 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 Exami-
ner's rulings made at the hearing are free from prejudicial error and
,are hereby affirmed. All parties were afforded 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
Federal Steel Products Corporation , a Texas corporation , operates
a foundry in Houston , Texas, under the name of Dedman Foundry &
64 N. L . R. B., No. 155.
908
DEDMAN FOUNDRY & MACHINE COMPANY 909
Machine Company, where the Company is engaged in the manufacture
of castings, pressure valves, and miscellaneous drilling equipment.
The Company annually purchases raw materials valued at approxi-
mately $300,000, of which in excess of 25 percent is shipped to its
Houston plant from points outside the State of Texas. During the last
10 months of 1044, the Company sold products valued at more than
$1,000,000, of which between 10 and 20 percent was shipped to points
outside the State of Texas.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
International Molders and Foundry Workers Union of North Amer-
ica, Local 259, affiliated with the American Federation of Labor; is
a labor organization admitting to membership employees of the
Company.
United Steelworkers of America, affiliated with the Congress of In-
dustrial Organization, is a labor organization admitting to member-
ship employees of the Company.
III. THE ALLEGED APPROPRIATE UNIT
The Foundry Workers seeks a unit confined to molders , core makers,
and their apprentices. The Steelworkers contends that a plant-wide
unit, including the employees sought by the Foundry Workers, is
appropriate. The Company takes no position with respect thereto.
The record indicates that since 1941, the Company's collective bar-
gaining has been conducted on a plant-wide basis. For a period of 3
years, the Foundry Workers was the recognized bargaining repre-
sentative of a unit comprised of all the Company's production and
maintenance employees. including the molders and core makers. These
employees were covered by a written bargaining contract between the
Foundry Workers and the Company until January 1944, when the
Steelworkers, having been certified by the Board as the bargaining
agent for a similar plant-wide unit, entered into a written agreement
with the Company.' At the hearing in the prior representation case,
the Foundry Workers neither requested a separate unit for the molders
and core makers, nor objected to the appropriateness of a plant-wide
unit as then sought by the Steelworkers.
IMatter of Dedman Foundry if Machine Company , 50 N. L R B. 1019 The Boaid or-
dered separate elections among the welders, machinists, and the residual production and
maintenance employees including molders and core makers. The International Association
of Machinists won its election and was thereafter certified as the exclusive bargaining
representative for the Company's machinists; and the Steelworkers received it majority
of the votes cast in the welders and residual groups, and was thereafter certified as the
exclusive bargaining agent in a plant-wide unit , excluding the machinists `
910 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Although the Foundry Workers contends that the molders and core
makers have not acquiesced in representation by the Steelworkers and
have acted independently of the Steelworkers in presenting grievances
to the Company, the record does not show that the Steelworkers has
refused adequate representation to this group of employees. In fact,
shortly after its contract with the Company was executed, the Steel-
workers joined with the Company in making application to the War
Labor Board for wage increases for the molders and core makers,
which increases were granted.
In view of the Company's past bargaining history on a plant-« ide
basis, which the Foundry Workers was, itself instrumental in estab-
lishing, and the absence of any changes in the Company's operations
or working conditions to warrant a departure from such a pattern
of. collective bargaining, we are of the opinion that the Foundry
Workers' attempt to narrow the scope of an existing broader unit is
without merit.' Accordingly, we find that the unit proposed by the
Foundry Workers is inappropriate for the purposes of collective bar-
gaining, and we shall dismiss the petition filed herein.
IV. THE ALLEGED QUESTION CONCERN ING REPRESENTATI ON
Since the bargaining unit sought to be established by the petition is
inappropriate, as stated in Section III, above, we find that no question
has arisen concerning the representation of employees of the Company,
within the meaning of Section 9 (c) of the national Labor Relations
Act.
ORDER
Upon the basis of the foregoing findings of fact, and the entire record
in this proceeding, the National Labor Relations Board hereby orders
that the petition for certification of representatives of employees of
Federal Steel Products Corporation, doing business as Dedman Foun-
dry & Machine Company, Houston, Texas, filed by International Mold-
er^ and Foundry Workers of North Amnerica, Local 259, AFL, be, and
it is hereby dismissed.
MR. GERARD D. RErLLY took no part in the consideration of the above
Decision and Order.
2 See Matter of Bethlehem Steel Company ( Shipbuilding Division), 61 N L R. B 1410.