General Malleable Corp.Download PDFNational Labor Relations Board - Board DecisionsAug 21, 194457 N.L.R.B. 1459 (N.L.R.B. 1944) Copy Citation I In the Matter GENERAL MALLEABLE CORPORATION , and' UNITED STEELWORKERS OF AMERICA , C. I. O. Case No. 13-R-.491.-Decided August 31, 194x4 Messrs. Lines, Spooner cC Quarles, by Mr. John G. Kamps, of Mil- waukee, Wis., for,the Company. , . Mr. -W. 0. Sonnemann, of Milwaukee, Wis:, for the Steelworkers. Mr. Vincent J. Collins, of Waukesha, Wis., for the Foundry Workers. Mr. David V. Easton, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE I Upon a petition duly filed by United Steelworkers of America, C. I. O.,,herein called the Steelworkers, alleging that a question affect- ing commerce had arisen concerning the representation of employees of General Malleable Corporation, Waukesha, Wisconsin, hereni called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before J. G. Evans,,Trial Exam- iner. Said hearing was held at Waukesha„ Wisconsin, on July 15, 1944. The Company, the Steelworkers, and International Brother- hood of Foundry Employees, Local 70, herein called the Foundry Em- ployees, appeared, participated, and 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 General Malleable Corporation, a Wisconsin corporation,-is en- gaged in the manufacture of metal castings. For this purpose it pur- chases raw materials-consisting primarily of iron, aluminum, sand, and 57 N. L R B., No. 230. 1459 ,1460 DECISIONS OF NATIONAL LABOR RELATIONS BOARD steel, a substantial portion of which originates from points outside the State of Wisconsin. During the 12 months preceding the date of the hearing, the Company manufactured and distributed finished products in excess of $4,000,000, the greater proportion of which was shipped from the Company to points outside the State of Wisconsin. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATIONS INVOLVED United Steelworkers of America is a labor organization affiliated with the Congress of Industrial Organizations , admitting to member- ship employees of the Company. 'International Brotherhood of Foundry Workers, Local 70, is an unaffiliated labor organization admitting to membership employees of the Company. III. TILE QUESTION CONCERNING REPRESENTATION By letter dated May 20, 1944, the Steelworkers requested recogni- tion from the Company as the collective bargaining representative, of certain of its employees. The Company, by letter dated May 24, 1944, refused to grant this request, stating that it has a collective bargain- ing agreement with the Foundry Employees which does not expire until September 1, 1944. ' The Foundry Employees contends that the afore-mentioned con- tract constitutes a bar to a current determination of representatives. We do not agree. Since the present term of the contract is about to expire, the contract is no bar to a determination of representatives to negotiate for a contract for the period after September 1, 1944.1 A statement of a Field Examiner for the Board, introduced into evidence at the hearing, indicates that the Steelworkers 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. THE APPROPRIATE UNIT All parties agree upon the propriety of a collective bargaining unit consisting of all production and maintenance employees of the Com- 1 See Matter of South Bay Logging Company, 53 N L R B 400 2 The Field Examiner reported that the Steelworkers submitted 385 designations and that the unit proposed by it contained 560 employees The Foundry Employees relies upon its contract 'eith the Company expiring September 1, 1944, for the establishment of its interest GENERAL 'MALLEABLE CORPORATION 1461 pany, including inspectors, watchmen, and janitors, but excluding office and factory clerical employees, timekeepers, laboratory em- ployees, armed guards, executives, superintendents, and foremen. 'A dispute exists between the two labor organizations and the Com- pany with respect to the status of four employees, the labor organiza- tions desiring their inclusion within the unit and the Company de- siring their exclusion on the ground that they are supervisors. The record indicates that June Wolf, Anna Dachyk, and John Schlovich are hourly paid employees supervising between 12-and 16 employees. The Company adduced evidence, 'which was not dis- puted, indicating that these employees have authority to make rec- ommendations affecting the status of employees under them. In view of these circumstances, we are of the opinion that these 3 employees, or persons presently occupying their positions, are supervisors, and we shall exclude them from the unit. The fourth employee in dispute, Carl Truscinski, is a skilled elec- trician, in charge of all electrical repair and installation work of the Company. It appears from the record that on occasion he may requisition employees from various departments for assistance in the performance of his duties. However, his relationship to persons working under his direction appears to be that of a skilled craftsman and his helpers rather than that of a supervisor and his, subordinates. Furthermore, Truscinski has always been considered as part of the collective bargaining unit currently represented by the Foundry Em- ployees. 'WTe shall include him. We find that all production and maintenance employees of the Com- pany,' including inspectors, watchmen, janitors, and electricians, but excluding office and factory clerical employees, timekeepers, laboratory employees, armed guards, executives, superintendents, foremen, and all other employees with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees, or effectively recommend such action,' constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act. V. THE DETERMINATION OF REPRESDNTATIVES We shall direct that the question concerning representation which has arisen be resolved by means of 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. 8 June Wolf , Anna Dachyk , John Schlovich, or persons presently engaged in their posi- tions, are deemed excluded as supervisory , employees. 1462 • DECISIONS OF NATIONAL LABOR RELATIONS BOARD DIRECTION OF ELECTION ,By virtues of and pursuant to the power vested in the National Labor Relations Board by Section 9 (c) of the National Labor Rela- tions Act, and pursuant to Article III, Section 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 representa- tives for the purposes of collective bargaining with General Malleable Corporation, Waukesha, Wisconsin, 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 Thirteenth 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 Regulations, among the employees in the unit found appropriate in Section, IV, above, who were employed during the pay-roll period immediately ,preceding the date of this Direction, including eniployees,who did not work during•said pay-roll period because they were ill or on vacation or temporarily laid off, and 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 they desire to be represented by United Steelworkers of America, C. I. O. or by International Brc ther- hood of Foundry Employees, Local 70, for the purposes of collective bargaining, or by neither. CIIAIRmAN MILLIs took no part in the consideration of the above Decision and Direction of Election. . I Copy with citationCopy as parenthetical citation