General Malleable Corp.

National Labor Relations Board - Board Decisions

Aug 21, 1944

57 N.L.R.B. 1459 (N.L.R.B. 1944)

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. .
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