Kausel Foundry Co.

National Labor Relations Board - Board Decisions

Jan 7, 1941

28 N.L.R.B. 906 (N.L.R.B. 1941)

III the Matter Of JOHN KAUSEL, DOING BUSINESS- UNDER THE NA3IE AND
STYLE OF KAUSEL FOUNDRY COMPANY, ALSO SOMETIMES KNOWN AS
KAUSEL FOUNDRY 1 and LOOAL -No. 132 OF TIIE INTERNATIONAL
MOULDERS UNION (A. F. OF L.)
Case No. R-0166.-Decided Jantuary 7, 19 ,/pl
Jurisdiction : foundry industry.
Practice and -Procedure : petition dismissed where no appropriate unit within
the scope of the petition.
i1ir. Sam J. Levy, of Minneapolis, Minn., for the Company.
Mr. Frank T. Starkey, of St. Paul, Minn., and Mr. Walter J. Hast-
ings, of Minneapolis, Minn.,. for Local 132.
Helstein and Hall, of Minneapolis, Minn., by Mr. Ralph L. Hel-
stein, for Local 1139.
Mr. Edward Schemiemann, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
On August 1, 1940, Local No. 132 of the International Moulders
Union (A. F. of L.), herein called Local 132, filed with the Regional
Director for the Eighteenth Region (Minneapolis, Minnesota) a peti-
tion alleging that a; question affecting commerce had arisen concerning
the representation of employees of John Kausel, doing business under
the name and style of Kausel Foundry Company, also sometimes
known as Kausel Foundry, Minneapolis, Minnesota, herein called the
Company, and requesting an investigation and certification of repre-
sentatives pursuant to Section 9 (c) of the National Labor Relations
Act, 49 Stat. 449, herein called the Act. On November 8, 1940, 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 Relations Board Rules and Regulations-Series 2, as
amended, ordered an investigation and authorized the Regional Direc-
1 The formal papers incorrectly designated the Company as Kausel Foundry and were
amended at the hearing to read as above.
28 N. L. R. B., No. 137.
906
JOHN %AUSEL 907
tor to conduct it and to provide for an appropriate hearing upon due
notice.
On November 12, 1940, the Regional Director issued a notice of
hearing, and on November 16, 1940, a notice of continuance, copies of
which were duly served upon the Company, Local 132, and United
Electrical Radio and Machine Workers of America, Local #1139,
herein called Local 1139, a labor organization claiming an interest in
the proceedings. On November 18, 1940, Local 1139 moved for per-
mission to intervene and the Regional Director granted the motion.
Pursuant to notice, a hearing was held on November 25, 1940, at
Minneapolis, Minnesota, before Henry W. Lehmann, the Trial Exam-
iner duly designated by the Board. The Company and Local 1139,
represented by counsel, and Local 132, by its officials, participated in
the hearing and were afforded full opportunity to be heard, to examine
and cross-examine witnesses, and to introduce evidence bearing on the
issues. During the hearing Local 1139 moved to dismiss the petition.
The Trial Examiner referred the motion to the Board. For the
reasons hereinafter stated, we shall grant the motion to dismiss the
petition. During the course of the hearing the Trial Examiner made
several rulings on motions and on objections to the admission of evi-
dence. The Board has reviewed the rulings of the Trial Examiner
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
The Company is engaged in the business of foundry jobbing and
in the manufacture of water service boxes and special iron castings
in Minneapolis, Minnesota. During 1939 the Company used raw
materials in its business valued at $9,918.00 and it obtained $4,000.00
in value of such materials outside the State of Minnesota. During
the same period it sold manufactured products valued at $35,226.79
to customers within the State of Minnesota. Approximately 50 per
cent in value of such finished products were shipped by customers of
the Company outside the State of Minnesota.
II. THE ORGANIZATIONS INVOLVED
Local No. 132 of the International Moulders Union is a labor organi-
zation affiliated with the American Federation of Labor. It admits to
membership employees of the Company.
908 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
United Electrical Radio and Machine Workers of America, Local
#1139, is a labor organization affiliated with the Congress of Indus
trial Organizations. It admits 'to membership employees 'of the
Company.
III. THE ALLEGED QIIESTION CONCERNING REPRESENTATION
In 1937, Local 1313, International Association of Machinists, affili-
ated with the American Federation of Labor and herein called Local
1313, organized the employees of the Company and entered into a
collective bargaining contract with it. In the same year Local 1313
organized a Foundry Council composed of one representative from
the employees of each of seven foundries, including the Company, at
which Local 1313 had organized, and with which it had entered into
collective bargaining agreements. In August 1937, the members of
Local 1313 changed their affiliation to Local 1139. Local 1139 assumed
the contracts then in existence with the foundries and continued the
Foundry Council.
In November 1937, Local 1139 wrote to the foundry owners with
whom it had contracts and proposed that they join together to enter
into negotiations with Local 1139 so that one standard agreement
covering all the foundries might be made. On January 21, 1938, J. F.
Quest, president of Jeffrey Quest Foundry Company, informed Local
1139 that the foundrymen had appointed a committee, herein called
the Foundrymen's Committee, of which he was chairman, to represent
them in the negotiations. The Company was represented by the
Foundrymen's Committee. In May 1938, Local 1139 and the Foundry-
men's Committee entered into a collective bargaining agreement cover-
ing the employees of the seven foundries. At the request of Local
1139, each foundry, including the Company, also signed a copy of the
agreement. During 1938, one of the foundries covered by the contract
went out of business. In the same year, Local 1139 organized the
employees of three new foundries.
In 1939, the owners of the three new foundries joined with the other
six in the Foundrymen's Committee. These nine foundries, including
the Company, authorized the Foundrymen's Committee on their behalf,
to negotiate with Local 1139 and to execute a collective bargaining
agreement. -Pursuant thereto, the Foundrymen's Committee executed
an exclusive recognition agreement with Local 1139, effective June 15,
1939, and covering all nine foundries. At the request of focal 1139,
each foundry owner again signed a copy of the agreement.
In May 1940, Local 1139 and the Foundrymen's Committee entered
negotiations for a new contract. In June 1940, Local 132 was organ-
ized and requested recognition from the Company. The Company,,
0
JOHN KAUSEL 909
did not' reply to the request. On August 1, 1910, Local 132 filed its
petition for investigation and certification of representatives for a
unit composed only of the Company's employees.
Local 1139 and the Foundrymen's Committee were unable to reach
agreement concerning the terms of a contract, and in July 1940, Local
1139 conducted a strike against all nine foundries. On September 27,
1940, Local 1139 and the Foundrymen's Committee, by which the Com-
pany continued to be represented, reached an agreement on the terms
of a contract and Local 1139 ended the strike. On the same day an
exclusive bargaining contract covering the employees of the nine
foundries was signed by Local 1139 and the Foundrymen's Committee.
The contract was also signed by seven of the foundries. 'The Company
did not sign individually because the present proceedings were pend-
ing. It has, however, applied the terms of the agreement to its em-
ployees. The *ninth foundry was in receivership, and at the time of
the hearing was waiting for approval from the District Court before
signing the contract.
There is considerable interchange of employees between the foun-
dries represented in the Foundrymen's Committee and covered by the
successive contracts hereinabove mentioned. The foundries produce
substantially the same products, and maintain similar wages, hours,
and working conditions for their respective employees.
Thus, the foundries, including the Company, have authorized the
Foundrymen's Committee on their behalf to negotiate, and to execute
collective bargaining contracts, with Local 1139. Since 1938 the foun-
dries, acting through the medium of the Foundrymen's Committee,
have operated as a unit in their bargaining relations with Local 1139.
.These relations have been stabilized through contracts. The contract
of June 15, 1939, accorded Local 1139 recognition as exclusive repre-
sentative of a unit comprising the employees of the nine foundries
including those of the Company. Under these circumstances, we find
that these foundries acting together through the Foundrymen's Com-
mittee'constitute an employer within the meaning of the Act and that
the full benefit of the employees' right to self-organization and col-
lective bargaining cannot be insured by breaking up the collective
bargaining unit which has been established by the history of con-
tractual relations between Local 1139 and the Foundrymen's' Com-
mittee.2 We find that the single foundry unit requested by Local 132
is inappropriate and, since an appropriate unit is not within the scope
of Local 132's petition, we find that no question has been raised con-
2Matter of Stevens Coal Company'and Progressive Mine Workers of America etc, 19
N. L. R B. 98; Matter of Alton Coal Company and Progressive Mine Workers of Amer-
ica etc., 13 N. L. It. B. 683; Matter of Associated Banning Company etc. and Int'l. Long-
shoremen's Union, etc., 19 N. L. R B 140
910 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
-cerning the representation of employees of the Company in an
appropriate unit.
On the basis of the above findings of fact and upon the entire record
in the case , the Board makes the following :
CONCLUSION OF LAW
No question concerning the representation of employees of John
Kausel , doing business under the name and style of Kausel Foundry
Company, also sometimes known as Kausel Foundry, in a unit appro-
priate for the purposes of collective bargaining has arisen , within the
meaning of Section 9 ( c) of the National Labor Relations Act.
ORDER
Upon the basis of the foregoing findings of fact and conclusion of
law the National Labor Relations Board hereby orders that the petition
for investigation and certification of representatives of employees of
John Kausel, doing business colder the name and style of Kausel
Foundry Company, also sometimes known as Kausel Foundry, filed
by Local No . 132 of the International Moulders Union (A. F. of L.),
be, and it hereby is, dismissed.