Illinois Malleable Iron Co.

National Labor Relations Board - Board Decisions

Jun 24, 1960

127 N.L.R.B. 1509 (N.L.R.B. 1960)

ILLINOIS MALLEABLE IRON COMPANY, ETC. 1509
1. Employees of the Employer operating the camera and perform-
ing the film development work involved in the Brightype process are
appropriately included in the bargaining unit presently represented
by the Photoengravers and not in the bargaining unit now represented
by the Typographers.
2. Within 10 days from the date of this Decision and Determina-
tion of Dispute, the Employer, the Typographers, and the Photo-
engravers shall notify the Regional Director for the Thirteenth
Region, in writing, of the steps each has taken to comply with the
terms of this Decision and Determination of Dispute.
Illinois Malleable Iron Company and Appleton Electric Com-
pany and Local No. 788 , International Union, United Auto-
mobile, Aircraft and Agricultural Implement Workers of
America, AFL-CIO, Charging Party and Local 1031 , Inter-
national Brotherhood of Electrical Workers, AFL-CIO, Party
to the Contract. Case No. 13-CA-1866. June 24, 1960
SUPPLEMENTAL DECISION AND ORDER
On April 16, 1958, the Board issued its Decision and Order in the
above-entitled proceeding.' Thereafter, on March 27,1959, the Board
decided to reopen the record for the purpose of receiving evidence
bearing upon the status of the Foundry Department (UAW-AFL-
,CIO), as a labor organization within the meaning of the Act, and the
necessity for it to comply with the filing requirements of Section 9 (f),
(g), and (h) of the Act for purposes of this case. Pursuant thereto,
a supplemental hearing was held before Trial Examiner David Lon-
don, in which all parties named in the caption were represented by
counsel.
On February 17, 1960, the Trial Examiner issued a Supplemental
Intermediate Report, copy attached hereto, finding that the said
Foundry Department (UAW-AFL-CIO) is an internal and admin-
istratively created part of the International Union, and was not, dur-
ing all times relevant to this proceeding, a separate labor organization
within the meaning of the Act, requiring compliance with filing pro-
visions, and recommending that the Board proceed with the final
disposition of the case. Thereafter, the Respondent Companies filed
exceptions to the conclusions of the Trial Examiner.
The Board has reviewed the rulings made by the Trial Examiner at
the supplemental hearing and finds that no prejudicial error was
committed. The rulings are hereby affirmed. The Board has con-
sidered the Supplemental Intermediate Report, the exceptions, and
1120 NLRB 451.
127 NLRB No. 173.
1510 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the entire supplemental record, and hereby adopts the findings, con-
clusions, and recommendations of the Trial Examiner. We shall
therefore reaffirm our original Order.
[The Board reaffirmed the Decision and Order in Case No . 13-CA-
1866 , issued April 16,1958.]
SUPPLEMENTAL INTERMEDIATE REPORT
On April 16 , 1958, the Board issued its Decision and Order in the above-
entitled proceeding .' Thereafter , the Board reappraised said Decision and Order
and on March 27, 1959, in order to fully complete the record herein, decided to
reopen the record for the purpose of receiving evidence bearing upon the status of
the Foundry Department (UAW-AFL-CIO) as a labor organization within the
meaning of the Act, and the necessity for it to comply with the filing requirements
of the Act for purposes of this case.
By its order of March 27 , 1959, the Board remanded the case to the Regional
Director for the Thirteenth Region and directed him to arrange a further hearing
before a Trial Examiner for the purpose described above. Pursuant to that order
of remand , and upon due notice to all the parties herein , a hearing was held at
Chicago, Illinois, on January 6, 1960, before the duly designated Trial Examiner.
All parties named in the caption were represented by counsel and were afforded
full opportunity to participate in the hearing and to introduce relevant evidence
within the scope of the above order of remand.
Upon the record made before me, I make the following:
FINDINGS OF FACT
The affairs and functions of the International Union, United Automobile, Aircraft
and Agricultural Implement Workers of America, AFL-CIO, hereinafter referred to
as the International, are divided into, and administered by, approximately 50
departments of which the Foundry Department is one such department. Other
departments are the Accounting Department, Auditing Department, Research Proj-
ects Department, Women's Department, Skilled Trades Department, Legal Depart-
ment, Fair Labor Employment Practice Department, etc.
The Foundry Department was created as an administrative arm of the Interna-
tional pursuant to a resolution adopted at the International convention in 1951.
Like all the other departments, it operates out of the International's offices in
Detroit, Michigan. Its principal function is to carry on organization of unorganized
and runaway foundries, to promote educational activities, to engage in research, and
to otherwise help in the solution of "foundry problems." In the administration of
its affairs, it prepares and circulates, in cooperation with other departments of the
International, a number of pamphlets dealing with subjects of interest to all persons
engaged in the industry. Among these publications are pamphlets dealing with
health and safety of workers, silicosis, the effect of automation on the industry, etc.
The affairs of the Foundry Department are administered by a director and four
staff members, two of whom devote all their time to organization work. The di-
rector of the department is appointed by the president of the International with
the approval of its executive board. The salaries of all its personnel, and all of its
other expenses, are paid by, and out of the funds of, the International. The
Foundry Department has no constitution, charter, or bylaws.
The department did not engage in any of the negotiation activities between the
Charging Party herein and the Illinois Malleable Iron Company, nor does the sig-
nature of any representative or staff member appear on any collective-bargaining
agreement between the Charging Party and Illinois Malleable Iron Company during
all times relevant herein. Indeed, the signature of no representative or staff mem-
ber of the Foundry Department is required in the execution of any collective-
bargaining agreement, nor need such agreements be submitted for approval to the de-
partment prior to their execution by the regional representatives of the International.
On the entire record, I find that the Foundry Department (UAW-AFL-CIO) is
an internal and administratively created part of the International, and was not,
during all times relevant herein, a separate labor organization within the meaning
of the Act .2
1120 NLRB 451.
a General Shoe Corporation, 122 NLRB 1619.
PHALO PLASTICS CORPORATION 1511
CONCLUSIONS OF LAW
During all times relevant herein , the Foundry Department (UAW-AFL-CIO)
was not required to comply with Section 9 (f), (g), and (h) of the Act as those
sections existed prior to the time they were eliminated by the Labor-Management
Reporting and Disclosure Act of 1959.
[Recommendations omitted from publication.]
Phalo Plastics Corporation and United Steelworkers of America,
AFL-CIO, Petitioner. Case No. 1-RC-5882. June 24, 1960
DECISION AND DIRECTION OF ELECTION
Upon a petition duly filed under Section 9 (c) of the National Labor
Relations Act, hearings 1 were held before John Madden, hearing
officer. The hearing officer's rulings made at the hearings are free
from prejudicial error and are hereby affirmed.
Pursuant to the provisions of Section 3(b) of the Act, the Board
has delegated its powers in connection with this case to a three-member
panel [Members Bean, Jenkins, and Fanning].
Upon the entire record in this case, the Board finds :
1. The Employer is engaged in commerce within the meaning of
the Act.
2. The labor organization involved claims to represent certain em-
ployees of the Employer.
3. A question affecting commerce exists concerning the represen-
tation of certain employees of the Employer within the meaning of
Section 9(c) (1) and Section 2(6) and (7) of the Act.
4. The parties are in general agreement 2 as to the appropriateness
of the unit 3 requested by the Petitioner, but the Employer would
include, and the Petitioner would exclude as supervisors, group leaders
George LePage, Ralph Darling and Arthur Cunningham on the first,
second, and third shifts, respectively, in the extrusion department;
Richard St. Onge on the first shift in the warehouse and materials
department; Adolphe Sokoloski on the first shift in the spooling and
shipping department; and George Sherran on the third shift in the
braiding and shielding department. The Employer also would
include, and the Petitioner would exclude as supervisors, floorladies
Helen Puza and Blanche Legare on the first and second shifts, respec-
tively, in the cord set department, and Ruth Severe and Joan Glatki
on the first and second shifts, respectively, in the assembly department.
:'Hearings were held on February 8 and 16, 1960, in Boston and Worcester , Massa-
chusetts , respectively.
2 Following a prior election held on December 19, 1958, the Board in its Supplemental
Decision , Direction , and Order, issued on March 31, 1959 , sustained Petitioner 's challenge&
to the ballots of floorladies Joan Glatki and Blanche Legare. See Phalo Plastics Corpo-
ration, 123 NLRB 503.
3 As amended at the first hearing.
127 NLRB No. 170.