Hansell-Elcock Co.

National Labor Relations Board - Board Decisions

Mar 20, 1943

48 N.L.R.B. 350 (N.L.R.B. 1943)

In the Matter Of HANSELL-ELCOCK COMPANY and UNITED STEEL-
WORKERS OF AMERICA, LOCAL 2909, C. I. O.
Case No. R-4940.-Decided March 00, 1943
. Jurisdiction : castings manufacturing industry.
Investigation and Certification of Representatives : existence of question: fail-
ure to answer union's request for recognition ; contract with two months to
run, no bar ; election necessary.
Unit Appropriate for Collective Bargaining : all foundry employees of the com-
pany, excluding office and clerical employees, pattern makers, pattern makers'
apprentices, foremen, department clerks, 'janitors, watchmen, and guards;
stipulation as to.
J
Mr. Leon A. Rosell, for the Board.
Mr. L. C. Bajork, of Chicago, Ill, for the Company.
Mr. Ralph L. Helstein, of Chicago, Ill., for the U. S. A.
Mr. Chester A. Sample and Mr. William Lorenz, of Chicago, Ill.,
for the Molders.
Mr. G. Halls'trom, of Chicago, .I11., for the Pattern Makers.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upoii petition duly filed, by United Steelworkers of America,
Local 2909, C. I. 0., herein called the U. S. A., alleging that a ques-
tioii affecting commerce had arisen concerning the representation of
employees of Hansell-Elcock Company,' Chicago, Illinois, herein,
called the Company, the National Labor Relations Board provided
for an appropriate hearing upon due notice before Charles E. Per-
sons, Trial Examiner. Said hearing was held at Chicago, Illinois,
on February 26, 1942. At the commencement of the hearing, the
Trial Examiner granted motions of International Molders and
Foundry Workers Union 'of North America, herein-called the
Molders and Pattern Makers League of North America, Chicago
Association, herein called the Patterns Makers, to intervene.' The
' The Pattern Makers intervened because it is a party to a contract with the Company.
However, said contract does not cover any of the employees involved herein.
48 N. L. R. B., No. 47.
350
HAN'S'ELL-ELCOCK COMPANY 351
Company, the U. S. A., the Molders, and the Pattern Makers ap-
peared, participated, and were afforded full opportunity to be heard,
to examine and cross-examine witnesses, and to introduce evidence,
bearing' on the issues. At the close of the hearing counsel for the,
Company moved to dismiss the petition. The Trial Examiner re-
served ruling. The motion is hereby denied. The Trial Examiner's
rulings made at the hearing are free from prejudicial error and are
hereby affirmed.
On March 6 and 8, 1943, the U. S. A. and the Company filed briefs
which the Board has considered.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Hansell-Elcock Company is an Illinois corporation with its princi-
pal place of business at Chicago, Illinois, where it is engaged in the
manufacture of grey iron castings. During 1942 the Company pur-
chased raw materials from points, outside the State of Illinois valued,
at about $137,000. 'During the same period the Company shipped
products valued in excess of $1,638,000 to points outside the State of
Illinois. The Company admits that it is engaged in commerce
within the meaning of the National Labor Relations Act. We are
here concerned solely with the Company's plant at Chicago, known as
the Grey Iron Foundry plant.
H. THE ORGANIZATIONS INVOLVED
'United Steelworkers of America, Local 2909, is a labor organiza-
tion affiliated with the Congress' of Industrial Organizations, admit-
ting to membership employees of the Company.
International Molders and Foundry Workers Union of North
America is a labor organization affiliated with the American Feder-
ation of Labor, admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On May 1, 1942, the Company and the Molders entered into an
exclusive contract. The contract was for a term of 1 year and
provided that it should be renewed thereafter from year to year
unless 30 days' notice was given by either party thereto prior to any
annual expiration date. On January 18, 1943, the U. S. A. requested
the Company to recognize it as exclusive representative of the Com-
pany's employees. The Company did not reply to this request.
352 DECISIONS OF -NATIONAL LABOR RELATIONS BOARD
Since the contract between the Molders `and the Company expires
by its terms within the next 2 months, we find that it does not con-
stitute a bar to a determination of representatives at this time. How=
ever, any certification of representatives which we may issue as a
result of the election shall be for the purposes of designating repre-
sentatives to negotiate a new contract to succeed the contract now in
effect.2
A statement of the Regional Director, introduced into evidence
during the hearing, indicates that the U. S. A. represents a substan-
tial number of employees in the unit hereinafter found to be appro-
priate.3
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
We find, in accordance with a stipulation of the parties, that all
foundry employees of the Company, at its Grey Iron Foundry plant,
excluding office and clerical employees, pattern makers, pattern
makers' apprentices, foremen, department clerks, janitors, watchmen,
and guards, constitute a unit appropriate for the purposes of col-
lective bargaining, within the meaning of Section 9 (b) of the Act.4
V. THE DETERMINATION OF REPRESENTATIVES
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.
DIRECTION OF ELECTION
By virtue 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
2 See Matter of Chrysler Motor Parts Corporation and International Union, United Auto-
mobile, Aircraft and Agiicultaeat Implement Workers of America, affiliated with the Con-
gress of Industrial Organizations, 38 N. L R B 1379
3 The Regional Director reported that the U S. A presented 166 membership application
cards bearing apparently genuine signatures of persons whose names were alleged to appear
on the Company's pay roll of January 8, 1943 There ale approximately 350 employees in
the appropriate unit. No check of cards against a pay roll was made, since the Com-
pant did not submit a pay roll. The Molders relies on its contract as evidence of its rep-
resentation among employees of the Company
4 This is substantially the same unit as provided for in the contract between the Molders
and the Company alluded to above.
73A1NS'ELL-ELCOCK COMPANY 353
Relations Board Rules and Regulations-Series 2, as amended, it is
hereby '
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Hansell-Elcock
Company, Chicago, Illinois, 'an election,by secret ballot shall be con-
ducted as early as possible,'but not later thannthirty,.(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, Section .10, 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 , any such employees 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 any who have since quit or been discharged for cause,
to determine whether they desire to be represented by International
Molders and Foundry Workers Union of North America, affiliated
with the American Federation of Labor, or by United Steelworkers
of America, Local 2909, affiliated with the Congress of Industrial
Organizations, for the purposes of collective bargaining, or by
neither.
MR. JOHN M. HousTON took no part in the consideration of the
above Decision and Direction of Election.