Hunt-Spiller Manufacturing Corp.

National Labor Relations Board - Board Decisions

Feb 23, 1943

47 N.L.R.B. 957 (N.L.R.B. 1943)

In the Matter Of HUNT-SPILIXR MANUFACTURING CORPORATION and
INTERNATIONAL MOLDERS AND FOUNDRY WORKERS UNION OF NORTH
AMERICA, LOCAL No. 397 (A'. F. of L.)11
Case No. R-4800.Decided February 23, 1943
Jurisdiction : steel products manufacturing industry.
Investigation and Certification of Representatives : existence of question : recog-
nition refused on ground alleged unit was inappropriate ; election necessary.
Units Appropriate for Collective Bargaining : separate units found appropriate
for (1) all foundry employees, with specified exclusions, and (2) all machine
shop employees, with specified exclusions ; molders and core makers excluded
from unit of foundry employees when bargaining on their 'behalf had been
conducted separately for past 30 years.
Mr. Allan Seserman, of Boston, Mass., for the Company.
Mr. James P. Powers, of Boston, Mass., for Local 397.
Mr. William C. Baisinger, Jr., of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
r
Upon, petition duly filed by International Molders and Foundry
Workers Union of North America, Local No. 397 (A. F. of L.), herein
called Local 397, alleging that a question affecting commerce had arisen
concerning the representation of employees- of Hunt-Spiller Manu-
facturing Corporation, Boston, Massachusetts, herein called the Com-
pany, the National Labor Relations Board provided for an appropriate
liearing.upon due notice before Thomas L: Ramsey, ,Trial Examiner.
The hearing was held at Boston, Massachusetts, on January 25, 1943.
The Company and Local 397 appeared, participated, and were afforded
full opportunity to be heard, to examine and cross-examine witnesses,
and to introduce evidence bearing upon the issues. The Trial Exam-
iner's rulings made at the hearing are free from prejudicial error and
are hereby affirmed. The Company filed a brief which the Board has
considered.
47 N. -L. R. B., No. 121.
957
958 DECiiSSONS OF NATIONAL LABOR RELATIONS BOARD
Upon the entire record in the case, the Board makes the following
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Hunt-Spiller Manufacturing Corporation is ',a Massachusetts, cor-
poration. It operates a plant in Boston, Massachusetts, where it. is
engaged in the manufacture of iron and steel castings, iron, steel, and
bronze finished products for, locomotives and marine diesel engines,
and at the present time manufactures various materials for the United-
States Government. During the first 6 months of 1942, more than'
50 percent of the raw materials used by the Company was obtained
from-points outside the State of 'Massachusetts and approximately 50
percent of the finished products manufactured by the Company-was
shipped from the Company's Boston, Massachusetts, plant to points.
outside the State of Massachusetts. There are approximately 750 per-
sons presently employed at the Company's Boston plant. The Com-
pany admits that it is engaged in commerce within the meaning of the.
National Labor Relations Act. • S
II. THE ORGANIZATION INVOLVED
International Molders and Foundry Workers Union of North Amer-
ica, Local No. 397 is a labor organization, affiliated with the American
Federation of Labor, admitting, to membership employees of the
Company. -
III. THE QUESTION CONCERNING REPRESENTATION
On or about December 11, 1942, Local 397 advised the Company that
it represented a majority of the Company's foundry and machine shop.
employees and • requested recognition as their exclusive bargaining
'agent: The Company- refused, to recognize Local 397 on the ground
that the alleged unit was ilippropriate:
The parties stipulated at the hearing that Local 397 represents a
,substantial number of employees in the units hereinafter found'ap-
propriate. -
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- - •
-Local 397 seeks a bargaining unit comprised of all foundry and
machine shop employees employed by the Company at its Boston plant,
excluding supervisors, executives,, office and clerical workers, guards,
molders and core makers and their apprentices, and pattern makers.
HUNT-SPILLER,MANUFACTURING CORPORATION, i 959
The Company is opposed to the unit sought by Local 397, contending
that the foundry employees and machine shop employees, respectively,
constitute separate appropriate units. The Company. further contends
that the foundry unit should include all employees and not exclude
molders and core makers and their apprentices as requested.by Local
397. The parties agree to the exclusion of supervisors,' executives,
office and clerical workers, guards, and pattern makers from the unit
or units which the Board may find to be appropriate. . , .
- The record discloses a history of collective bargaining for the past
30 years between a committee representing 123 employers including the
Company whooperate foundries in and around Boston, Massachusetts,
and the International Molders and Foundry Workers Union of North
America (A. F. of L.), herein called the International.' The bargain-
ing 'related to molders and core makers and their apprentices. • Al-
though' oral agreements were arrived at, they were not embodied in a
written contract until April 12, 1942, at which time these oral agree-
ments were reduced to writing by means of an exchange of letters
between a representative of the. International and the chairman of
the Employers' Committee. The final agreement, as evidenced by
these letters, is ostensibly between Locals 102 and 106 of the Inter-
national, and the above-mentioned 23 employers represented by the
Employers' Committee. The agreement by its terms became effective
as of January 1, 1942, and provides that it shall remain in effect until
December 31, 1942, and indefinitely thereafter, subject to termination
by 30 days' written notice. . At the time of the hearing the Employers'
Committee and Locals 102 and 106 of the International were negoti-
ating a renewal of this contract. In addition to covering molders and
core makers and their apprentices, the contract sets up wage rates for
unskilled foundry employees, and further provides, that, if and when
the contracting union represents a majority of the unskilled-foundry
employees; employed by any one of the contracting companies, such
employees shall come within the terms of the contract.
The Company's foundry and machine shop are each housed in a sep-
arate building, and it appears that there is no real similarity between
the work performed by the foundry employees and the machine shop
employees. The function of the machine shop is to finish and machine
about 20 percent of the castings produced by the foundry. Inas-
much as there is no similarity between the work performed by the
foundry employees and the machine shop employees, we shall establish
a separate unit for each of these two groups.
Since the.Company's molders and core makers and their apprentices
are at present represented 'by and covered by contract with Locals
102 and 106, we shall exclude them• from the unit hereinafter found
L.
It appears that foremen and assistant foremen comprise the Company's supervisory
employees
960„ DECISIONS OF NATIONAL LABOR REff ATIONS BOARD
appropriate for the Company 's foundry employees ., Accordingly, we
find that the following employees constitute units- appropriate for the
purposes of collective bargaining within the meaning of Section 9 (b)
of the Act :
(1) all foundry employees employed by the Company at its Boston
plant excluding foremen, assistant foremen, executives , office and
clerical workers , guards, molders and core makers and their appren=
tices, and pattern makers;
(2) all employees employed in the machine shop of the Company
at its Boston plant excluding foremen , assistant foremen, , executives,
office and clerical workers, guards , and pattern makers.
V. THE DETERMINATION OF REPRESENTATIVES
We `shall direct that the question concerning representation ' whicli
has arisen be resolved by elections by secret ballot among the employ-
ees in the appropriate units who were employed during the pay-roll
period immediately preceding the date of our Direction of Elections
herein, subject to the limitations and additions set forth in the
Direction.,
DIRECTION OF ELECTIONS
By virtue of and pursuant to the power vested in the National Labor
Relations Board by Section 9 (c) of the National Labor Relations Act,
and pursuant to Article III, Section 9, 9f National Labor 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 Hunt -Spiller
Manufacturing Corporation , Boston, Massachusetts , elections 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 First Region,, acting in
this matter as agent for the National Labor Relations Board, and sub-
ject to Article ill, Section 10, of said Rules and Regulations, among
the employees-in the units found appropriate in Section'IV , above,
who were employed during the pay-roll period immediately preceding
the date of this Direction, including employees who did not work dur
ing said pay -roll period because they R ere ill or , on vacation or, tem-
porarily laid off, and including employees in the armed forces of the
United States who present themselves in person at the polls , but ex-
cluding employees who have since quit or been discharged for cause,
to determine whether or not they - desire to be represented by Inter-
national Molders and Foundry Workers Union of. North America,
Local No. 397- (A. F: of L:), for the purposes of collective bargaining.
MR. War. Al. LEISERSON took no part , in 'the consideration of the
above Decision and Direction of Election.