Kiowa Corp.

National Labor Relations Board - Board Decisions

Oct 30, 1944

58 N.L.R.B. 1552 (N.L.R.B. 1944)

In the Matter of KIOWA CORPORATION and INTERNATIONAL ASSOCIATION
or MACHINISTS , DISTRICT #118, A, F. OF L.
In the Matter of KIOWA CORPORATION and INTERNATIONAL MOLDERS
AND FOUNDRY WORKERS UNION OF NORTH AMERICA, LOCAL #91,
A. F. OF L.
Cases Nos. 18-R-1106 and 18-R-1107, respectively. -Decided October
30, 1944
111r. H. G. Cartwright, of Marshalltown, Iowa, for the Company.
Mr. James Ashe, of St. Paul, Minn., and Mr. Earl P. Hogan, of Des
Moines, Iowa, for the I. A. M.
Mr. Evar Anderson, of Rock Island, Ill., for the Molders.
Mr. Philip Licari, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
Upon separate petitions duly filed by International Association of
Machinists, District $118, A. F. of L., herein called the I. A.M., and
International Molders and Foundry Workers Union of North America,
Local #91, A. F. of L., herein called the Molders, each alleging that a
question affecting commerce had arisen concerning the representation
of employees of Kiowa Corporation, Marshalltown, Iowa, herein called
the Company, the National Labor Relations Board consolidated the
cases and provided for an appropriate hearing upon due notice before
Francis X. Helgesen, Trial Examiner. Said hearing was held at
Marshalltown, Iowa, on October 4, 1944. The Company, the I. A. M.,
and the Molders 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 an opportunity to file
briefs with the Board.
58 N. L. R. B., No. 279.
1552 .
KIOWA CORPORATION 1553
Upon 1 he entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Kiowa Corporation, an Iowa corporation, is engaged at Marshall-
town, Iowa, in the production and sale of non-ferrous castings. Dur-
ing the calendar year 1943, the Company purchased raw materials
consisting mainly of brass, copper, and tin, of which 80 percent was
shipped from points outside the State of Iowa. During the same
period, the Company sold finished products valued at approximately
$235,000, all of which was shipped to points outside the State of Iowa.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
International Association of Machinists , District #118, affiliated
with the American Federation of Labor , is a labor organization ad-
mitting to membership employees of the Company.
International Molders and Foundry Workers Union of North
America, Local # 91, affiliated with the American Federation of La-
bor, is a labor organization admitting to membership employees of
the Company.
III. THE QUESTIONS CONCERNING REPRESENTATION
On August 25, 1944, the IAM advised the Company that it repre-
sented a, majority of the employees engaged at the Company's ma
chine shop and wished to be recognized as the exclusive bargaining
representative of such employees. On the same day the IAM,
through its grand lodge representative, advised the Company on be-
half of the Molders, that the Molders represented a majority of the
employees engaged at the Company's foundry and wished to be recog-
nized as the sole bargaining representative of such employees. The
Company refused to recognize either the IAM or the Molders until
certified by the National Labor Relations Board in appropriate units.
Statements of a Field Examiner for the Board, introduced into evi-
dence at the hearing, indicate that the IAM and the Molders each
represents a substantial number of employees in the units hereinafter
found appropriate., a
1 The Field Examiner reported that the IAbf submitted 40 authorization cards ; that the
names of 36 persons appearing on the cards were listed on the Company' s pay roll of Sep-
tember 12 , 1944 , which contained the names of 106 employees , of whom 79 were in the
alleged appropriate unit ; and that 22 cards were dated between July and August 1944 and
IS were undated The Field Examiner also reported that the Molders submitted 25 authori-
zation cards, all of which contained names appearing on the above-mentioned pay roll which
contained the names of 27 employees in the unit sought by the Molders ; and that 6 cards
were dated August 1944 , and 19 were undated.
1554' DECISIONS OF NATIONAL LABOR RELATIONS BOARD
We find that questions affecting commerce have arisen concerning
the representation of employees of the Company, within the mean-
ing of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNITS
The IAM seeks a unit embracing all employees in the machine shop,
excluding foundry employees, office and clerical employees, and super-
visory employees. The Molders seeks a unit consisting of all em-
ployees in the foundry, excluding clerical and supervisory employees.
The Company, on the other hand, contends that all employees through-
out its plant, inclusive of those sought by the IAM and the Molders,
with certain exclusions, constitute an appropriate unit.2
- The Company's plant consists of two buildings, about 350 feet apart,
known respectively as the North Building or foundr-y, and the South
Building or machine shop. The North Building houses a brass foun-
dry in which all brass products are cast, and the South Building houses
a machine shop in which all brass casting produced in the North Build-
ing are finished, as well as an aluminum and zinc casting department.
Although the Company's operations are integrated, there is a substan-
tial difference between the work performed by the foundry employees
and that performed by the machine-shop employees, and interchange
of employees between the foundry and the machine shop is negligible.
It also appears that the foundry employees desire to be represented by
the Molders, whereas the machine-shop employees desire to be repre-
sented by the IAM.
In view of the above facts, we find that the following groups of
employees each constitute an appropriate unit for the purposes of
collective bargaining within the meaning of Section 9 (b) of the Act:
(1)-All employees in the machine shop or South Building of Kiowa
Corporation, including inspection and toolroom employees, janitor
and watchmen, die-cast machine operators, night foreman of die-cast
machine operators, line foremen in machine shop, tool and die makers,
tool and die-maker apprentice, and receiving clerk, but excluding
office and clerical employees, machine-shop superintendent, general
foreman of machine shop, toolroom foreman and day die-cast fore-
man, and all other supervisory employees having authority to hire,
The parties agree that R. Willard , day die-cast foreman in the machine shop, is a
supervisory employee within the meaning of the Board 's definition of that term We shall
exclude him . The parties also agree that Virgil Piscus, foreman of the grinders in the
foundry , and Harry Hutson , foreman in the core room in the foundry , are supervisory em-
ployees. We shall also exclude them. Although Roy Bowen is classified as night foreman
of the die -cast machine operators and Adolph Strobel and Niles Hell are classified as line
foremen in the machine shop, the parties agree , and the record shows , that they possess no
supervisory authority within the meaning of our customary definition . We shall include
them.
KIOWA CORPORATION 1555
promote, discharge, discipline, or otherwise effect changes in the status
of employees, or effectively recommend such action ;
(2)-All employees in the foundry or North Building of Kiowa
Corporation, including core pasters, core makers, core setters, molders,
molder helpers, grinders, janitors and watchmen, melter, and shipping
clerk, but excluding office and clerical employees, foundry superin-
tendent, foreman of grinders and foreman of the core room, and all
other supervisory employees having authority to hire, promote, dis-
charge, discipline, or otherwise effect changes in the status of em-
ployees, or effectively recommend such action.
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the questions concerning representation which
have arisen be resolved by separate elections by secret ballot among the
employees in the appropriate units who were employed during the
pay-roll period immediately preceding the date of the 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, 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 Kiowa Corpora-
tion, Marshalltown, Iowa, separate 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 Eighteenth 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 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 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 elections, to
determine whether or not the employees in the appropriate unit de-
scribed in paragraph (1) of Section IV, supra, desire to be represented
by International Association of Machinists, District its, A. F. of L.,
1556 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
for the purposes of collective bargaining ; and whether or not the em-
ployees in the appropriate unit described in paragraph (2) of Section
1V, supra, desire to be represented by the International Molders and
Foundry Workers Union of North America, Local #91, A. F. of L.,
for the purposes of collective bargaining.
MR. JOHN M. HousTON took no part in the consideration of the above
Decision and Direction of Elections.