Interstate Drop Forge Co.

National Labor Relations Board - Board Decisions

Sep 30, 1941

35 N.L.R.B. 1067 (N.L.R.B. 1941)

In the Matter Of INTERSTATE DROP FORGE COMPANY and INTERNATIONAL
DIE SINKERS' CONFERENCE, MILWAUKEE LOCAL No. 140
Case No. R-00999.-Decided September 30,1941
Jurisdiction : forging manufacturing industry.
Investigation and Certification of Representatives : existence of question: re-
fusal to accord union recognition ; strike for recognition ; employees on current
pay roll including those on strike during said pay-roll period held eligible to
vote; election necessary.
Unit Appropriate for -Collective Bargaining : all employees engaged in making
and maintaining dies and parts of dies used in the manufacture or completion
of forgings ; stipulation as to.
Mr. H. C. Osborn, of Milwaukee, Wis., for the Company.
Mr. W. O. Sonneman, of Milwaukee, Wis., and Mr. Lester M.
Shearer, of Canton, Ohio, for the Die Sinkers.
Mr. A. J. Eberlcardy, of Cudahy, Wis., and Mr. William H. Dettloff,
of Milwaukee, Wis., for the Blacksmiths.
Mr. Claire N. Smith, of Milwaukee, Wis., for the Machinists.
Mr. Dan M. Byrd, Jr., of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF TIC CASE
On August 28, 1941, International Die Sinkers Conference, Mil-
waukee Local No. 140 , herein called the Die Sinkers , filed with the
Regional Director for the Twelfth Region ( Milwaukee , Wisconsin)
a petition alleging that a question affecting commerce had arisen con-
cerning the representation of employees of Interstate Drop Forge
Company, Milwaukee , Wisconsin , herein called the Company, and
requesting an investigation and certification of representatives pur-
suant to Section 9 (c) of the National Labor Relations Act, 49 Stat.
449, herein called the Act. On September 5, 1941 , the National Labor
Relations Board, herein called the Board, acting pursuant to Section
9 (c) of the Act and Article III, Section 3, of National Labor Rela-
tions Board Rules and Regulations-Series 2, as amended , ordered an
investigation and authorized the Regional Director to conduct it and
to provide for an appropriate hearing upon due notice.
35 N. L . R. B., No. 196.
1067
1068 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
On September 5, 1941, the Regional Director issued a notice of hear-
ing, copies of which were duly served upon the Company, the Die
Sinkers, and International Brotherhood of Blacksmiths, Drop Forgers
& Helpers, herein called the Blacksmiths, a labor organization claim-
ing to be directly affected by the investigation. On September 12,
1941, pursuant to notice, a hearing was held at Milwaukee, Wisconsin,
before Frederick P. Mett, the Trial Examiner duly designated by the
Chief Trial Examiner. At the outset of the hearing International
Association of Machinists, herein called the Machinists, made an oral
motion to intervene in the hearing. The Trial Examiner reserved for
the Board the ruling on the motion. The motion for intervention is
herewith granted. The Company, the Die Sinkers, the Blacksmiths,
and the Machinists were represented and participated in the hearing.
Full opportunity to be heard, to examine and cross-examine witnesses,
and to introduce evidence bearing on the issues was afforded all
parties. During the course of the hearing the Trial Examiner made
various rulings on other motions and on objections to the admission
of evidence. The Board has reviewed the rulings of the Trial Ex-
aminer and finds that no prejudicial errors were committed. The
rulings are hereby affirmed.
Upon the entire record in the case, the Board makes the following :
'FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Interstate Drop Forge Company, a Wisconsin corporation, is en-
gaged in the manufacture of forgings, with its principal office and
place of business in Milwaukee, Wisconsin. During the year 1940,
the Company purchased raw materials, consisting almost entirely of
bar steel, amounting to approximately $350,000 in value, all of which
materials were shipped to the Company from points outside the State
of Wisconsin. During the same period, the Company fabricated
forgings amounting to more than $900,000 in value, of which approxi-
mately $600,000 in value were shipped to points outside the State of
Wisconsin.
11. THE ORGANIZATIONS INVOLVED
International Die Sinkers Conference, Milwaukee Local No. 140,
is a labor organization affiliated with the International Die Sinkers
Conference admitting to membership employees of the Company's
die rooms.
International Brotherhood of Blacksmiths, Drop Forgers &
Helpers is a labor organization affiliated with the American Federa-
tion of Labor, admitting to membership employees of the Company.
INTERSTATE DROP FORGE CO. 1069
International Association of Machinists is a labor organization
affiliated with the American Federation of Labor, admitting to mem
bership employees of the'Company.
III. THE QUESTION CONCERNING REPRESENTATION
On December 26, 1940, the Company entered into an exclusive
recognition contract with the Blacksmiths, which expired on August
31; 19417: 'finder the terms of this contract the Company, recognized'
the Blacksmiths as the exclusive representative of all its employees,
including those in the die room herein involved.
On June 27, 1941, the Die Sinkers asked the Company for exclu-
sive recognition as the bargaining agent for the Company's em-
ployees in the die room. The Company replied that it could not
recognize the Die Sinkers because of its contract with the Black-
smiths. Upon request of the Die Sinkers, the Company requested
the Blacksmiths to relinquish its claim as the representative of the
employees in the die room. The Blacksmiths refused, and on July
1, 1941, the Company informed the Die Sinkers of the Blacksmiths'
refusal. The Die Sinkers, nevertheless, demanded that negotiations
start-immediately or a strike would be called at 2 o'clock that after-
noon.. The -Company replied that it was impossible to begin nego-
tiations, stating again that recognition would be a violation of its
contract with the Blacksmiths and of the Act.
When informed of the Company's position, the die-room employees
of the day shift immediately took a secret strike vote which was
unanimously in favor of the strike. Subsequently that night all
three shifts of the die room met and took a second strike vote. It
likewise was unanimously, in favor of the strike. The strike was
current at'the time of the hearing.
On August 26, the Company received a letter from the Blacksmiths
relinquishing jurisdiction over the employees in the die room. There-
upon, the Die Sinkers again requested the Company to negotiate with
it on behalf of the die-room employees. The Company refused to do
so until the Die Sinkers should be certified by the Board, and until
the Board had determined whether the die-room workers, who had
ceas'ea- work-'on July 1, retained' their status as employees of the.Com-
pany. On August 28, the Die Sinkers filed its petition herein.
The Company contends that there is no question concerning the
representation, insisting that the die-room employees did not go on
strike but had quit and are no longer its employees.' We find no
merit in this contention. It is apparent that the Company's em-
ployees engaged in a strike to secure recognition and that they did
1As set forth in Section V, infra, at the bearing the Company did not contest the
appropriateness of the unit contended for by the Die Sinkers
1070 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
not quit their jobs. In fact, in addition to the two successive strike
votes, many of the employees left their tools in the Company's plant
and were actively picketing the plant at the time of the-hearing.
Moreover, it appears that the Company has not hired any new per-
sons to perform the work previously done by the employees in the
die room.
A witness for the Die Sinkers testified that the Die Sinkers repre-
sented a substantial number of employees in the unit alleged by it
to be appropriate.2 The Machinists and Blacksmiths claim no mem-
bership among the Company's die-room employees.
We find that a question has arisen concerning the representation
of employees of the Company.
IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON
COMMERCE
We find that the question concerning representation which has
arisen , occurring in connection with the operations of the Company
described in Section I above, has a close, intimate, and substantial re-
lation to trade, traffic, and commerce among the several States and
tends to lead to labor disputes burdening and obstructing commerce
and the free flow of commerce.
V. THE APPROPRIATE UNIT
All parties stipulated, and we find, that the appropriate unit should
include all employees engaged in making and maintaining dies and
parts of dies used in the manufacture or completion of forgings. We'
find further that said unit will insure to employees of the Company
the full benefit of their right to self-organization and to collective
bargainYing<.and otherwise effectuate the -policies.of the-Aet.-,
VI. THE DETERMINATION OF REPRESENTATIVES
The Die Sinkers requested a certification on the basis of its show-
ing of membership made at the hearing. However, under all the cir-
cumstances, we are of the opinion and herewith find that the ques-
tion concerning representation which has arisen can best be resolved
by an election by secret ballot.
The Blacksmiths does not desire to participate in the election, but
the Machinists does. It appears that prior to 1937 the Machinists
claimed some representation among the Company's die sinkers but
that during that year the Machinists relinquished jurisdiction over
,2 The witness for the Die Sinkers testified that 35 of the Company 's employees .were
members in good standing at the time of the hearing and that 4 others have made appli-
cation for membership . The Company 's pay roll for July 1, 1941, lists the names of
44 employees falling within the appropriate unit of the die-room employees agreed upon
by, all of the parties.
INTERSTATE DROP FORGE CO. 1071
the die-room employees to the Blacksmiths. The Machinists now con-
tends that since the Blacksmiths is relinquishing jurisdiction over the
Company's die-room employees the Machinists has a jurisdictional
claim and that its name should be placed upon the ballot to be used
in an election. As has been previously noted, the Machinists claims
no representation among the Company's employees. We shall there-
fore not place the Machinists on the ballot.
We shall direct that those eligible to vote in the election shall be
the employees of the Company within the appropriate unit who were
employed during the pay-roll period immediately preceding the date
of this Direction of Election, including employees who were on strike
during said pay-roll period, subject to such limitations and additions
as-are set forth in the Direction.
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following :
CoNCLusIONS of LAW
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of Interstate Drop Forge Company, Mil-
waukee, Wisconsin, within the meaning of Section 9 (c) and Section
2 (6) and (7) of the National Labor Relations Act.
2. All employees of the Company engaged in making and main-
taining dies -and parts of dies used in the manufacture or completion
-of.for4ings constitute a unit appropriate for.,the purposes of-collective
bargaining within the meaning of Section 9 (b) of the National Labor
Relations Act.
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 8, of National Labor
Relations Board Rules and Regulations-Series 2, as amended, it is
hereby
DIRECTED that, as part of the investigation authorized by the Board
to ascertain representatives for the purposes of collective bargaining
with Interstate Drop Forge Company, Milwaukee, 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 Twelfth
Region, acting in this matter as agent for the National Labor Relations
Board,- and subject to Article III, Section 9, of said Rules and Regu-
lations, among all employees of the Company engaged in making and
maintaining dies and parts of dies used in the manufacture or com-
1072 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
pletion of forgings who were employed during the pay-roll period
immediately preceding the date of this Direction, including employees
who were on strike during said pay-roll period, and including em-
ployees who were ill or on vacation or in the active military service or
training of the United States, or temporarily laid off, but excluding
employees who have since quit or been discharged for cause, to
determine whether or not they desire to be represented by Inter-
national Die Sinkers Conference, Milwaukee Local No. 140, for.the
p u poses of collective bargaining.