International Seal & Lock Co.Download PDFNational Labor Relations Board - Board DecisionsApr 3, 194666 N.L.R.B. 1479 (N.L.R.B. 1946) Copy Citation In the Matter of INTERNATIONAL SEAL. & Lock Co. and UxrrED STEELWORKERS OF AMERICA (CIO) Case No. 7-R-2188.-Decided April 3,1946 Mr. Richard A. Gross, of Hastings, Mich., and Mr. J. E. Hubbard, of Lansing, Mich., for the Company. Mr. Clarence A. Jackson, of Kalamazoo, Mich., for the Union. Mr. F. G. Dunn, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon a petition duly filed by United Steelworkers of America (CIO), herein called the Union, alleging that a question affecting commerce had arisen concerning the representation of employees of International Seal' & Lock Co., Hastings , Michigan , herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Meyer Stein, Trial Examiner. The hearing was held at Hastings, Michigan, on Febru- ary 14,1946. The Company and the Union appeared and participated. All parties 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 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 International Seal & Lock Co. is a Michigan corporation with its principal offices and manufacturing plants located at 435 East Mills Street, Hastings, Michigan. It is engaged in the manufacture of freight car seals and automatic sprinkler systems for fire protec- 66 N. L . R. B., No. 183. 1479 1480 DECISIONS OF NATIONAL LABOR RELATIONS BOARD tion. The raw materials used by the Company in the manufacture of its products are brass, coke, sand, steel, pig iron, wire, wooden 49seq, and paper, The Company currently purchases raw materials in the amount qf. approximately, $24,000 per month, 70 percent of which is purchased outside the State of Michigan. The Company sells finished products in the amount of approximately $70,000 per month, 75 percent of which is shipped outside the State of Michigan. The Company admits th4t it is engaged in commerce within the meaning of the National Labor Relations Act. II. TIRE Q4QANIZATIQN INVOLVED United Steelworkers of America is a labor organization , affiliated with the Congress of Industrial Organizations , admitting to member- ship employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION On January 7, 1946, the Union, wrote the Company requesting that it be recognized as the collective bargaining agent of employees of,th® Foundry Department. The Coinpany refused to grant recogni- tion until the Union had been certified by the Bot.rd in an appropriate unit. A statement of a;,Board agent, introduced into evidence at the .hoarii g, indicates that, the Unian : 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, employeeb of the Company, within the meaning .of Section 9 (c) and, Section 2 (6) and (7) of the Act. IV. THE APPROPRIATE UNIT The Uniion contends that a unit composed of all, production and maintenance employees of the foundry only, except for clerical em- ployees, the foundry superintendent, and all supervisory employees, is appropriate. The Company contends that a unit covering all pro- duction and maintenance employees in both plants, but excluding all clerical employees, plant-protection employees, time department employees, and supervisory employees, is appropriate. The record shows, that the foundry is a. well-defined department or division of the, plant. , The employees are engaged in operations not performed in other departments, and the skills required in the fop}pdry differ materially ,from those required elsewhere in the Com- x The Field Examiner reported that the Union submitted 13 cards, bearing the names of 13 employees listed on the Company's pay roll of January 25, 1946, and that the cards aie dated December 28, 1945, and January 3, 1946. There are approximately 20 employees in the appropriate unit. INTERNATIONAL SEAL & LOCK CO . 1481 pany's operations. There is little, if any, interchange of employees between the foundry and other departments of either plant. The foundry is physically located in plant no. 2 with other departments but is separated by a wall and a door. It has its own entrance and time clock. While the hours of all employees are normally the same, each department works until its job is done while other em- ployees may leave at the scheduled time. The foundry has its own foreman as distinguished from other departments in the plant. The employees of the foundry are all paid at an hourly rate, varying according to their skill, while other employees are paid either on a piece-rate or an hourly rate. While the Company contends that no foundry workers, as such, have been hired, the record shows that < `newly hired employees are placed in the foundry at certain jobs for extensive training, requiring up to 2 years, and after being trained, remain in the particular job. The skills required in other depart- ments of the two plants are different and require different, training periods. While the plant normally depends on castings from the foundry in carrying on other operations in the plant, it has on occasion bought castings from an outside concern and is not com- pletely dependent on the foundry for its other operations. There .has been no bargaining on a plant-wide basis or any other basis in the past. There is no evidence that the employees of other divisions of the plant may soon be organized. The employees of the foundry ': have shown a greater intermit in collective bargaining than employees 'in other departments. The fact that the rest of the plant has not been organized is not sufficient reason for depriving the foundry em- ployees of the present opportunity to bargain collectively. We have frequently found that a foundry department constitutes an appro- priate unit .2 We find, therefore, that the foundry employees com- prise an appropriate unit. We find that all employees in the Company's foundry department, but excluding clerical employees, the foundry superintendent, and all or any other supervisory 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 REPRESENTATIVES We shall direct that the question concerning representation which has arisen be resolved by an election by secret ballot among employees 2 Matter of Rosedale Foundry & Machine Company, 35 N. L R. B. I; Matter of Servel, Inc., 48 N L. R. B. 712; and also Matter of American Marsh Pumps, Inc., 51 N. L. R. B. 263. 1482 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 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 Re- lations 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 International Seal & Lock Co., 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 Seventh 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 em- ployees 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 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 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 or not they desire to be repre- sented by United Steelworkers of America (CIO), for the purposes of collective bargaining. 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