Light Metals, Inc.

National Labor Relations Board - Board Decisions

Sep 29, 1943

52 N.L.R.B. 980 (N.L.R.B. 1943)

In the Matter of LIGHT METALS , INC. and INTERNATIONAL UNION OF
MOLDERS & FOUNDRY WORKERS OF NORTH AMERICA, LOCAL 56,
A. F. OF L.
Case No. 9-R-1139.-Decided September 29, 1943
Mr. Kurt F. Pantzer, of Indianapolis, Ind., for the Company.
Mr. Stephen A. Miller, of Indianapolis, Ind., and Mr. Gilmond Hart,
of Muncie, Ind., for the Molders.
Mr. Fred Gardner, of Fort Wayne, Ind., and Elizabeth Moore, of
Indianapolis, Ind., for the U. E.
Mr. Louts Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by International Union of Molders &
Foundry Workers of North America, Local 56, A. F. of L., herein
called the Molders, alleging that a question affecting commerce had
arisen concerning the representation of employees of Light Metals,
Inc., Indianapolis, Indiana, herein called the Company, the National
Labor Relations Board provided for an appropriate hearing upon due
notice before William I. Shooer, Trial Examiner. Said hearing was
held at Indianapolis, Indiana, on September 8, 1943. At the com-
mencement of the hearing the Trial Examiner granted a motion of
United Electrical, Radio & Machine Workers of America, herein called
the U. E., to intervene. The Company, the Molders, and the U. E.
appeared, participated, and 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 :
52 N. L. R. B., No. 170.
980
LIGHT METALS, INC.
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
981
Light Metals, Inc., is an Indiana corporation operating a plant at
Indianapolis, Indiana, where it is engaged in the manufacture of mag-
nesium and its alloys. All magnesium used by the Company is shipped
to it from points outside the State of Indiana, and over 50 percent of
the finished products are shipped to points outside the State of Indi-
ana. The Company admits, for the purpose of the proceeding, that
it is engaged in commerce within the meaning of the National Labor
Relations Act.
II. THE ORGANIZATIONS INVOLVED
International Union of Molders & Foundry Workers of North
America, Local 56, is a labor organization affiliated with the American
Federation of Labor, admitting to membership employees of` the
Company.
United Electrical, Radio & Machine Workers of America, is a labor
organization affiliated with the Congress of Industrial Organizations,
admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On June 12, 1943, the Molders requested the Company to recognize
it as the exclusive collective bargaining representative of the Com-
pany's employees. The Company did not reply to this request.
A statement of a Field Examiner of the Board, introduced into evi-
dence at the hearing, indicates that the Molders and the U. E. each
represents a substantial number of employees in the unit hereinafter
found to be appropriate."
We find that a question affecting commerce has arisen concerning
representation of employees of the Company, within the meaning of
Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
The Molders urges that all production and maintenance employees
of the Company, excluding office and clerical employees, foremen, plant
guards, and supervisory employees, constitute an appropriate unit.
There is no controversy with respect to the composition of the unit.
1 The Field Examiner reported that the Molders and the U . E. presented 35 and 36
authorization cards, respectively , bearing apparently genuine signatures of persons whose
names appear on the Company's pay roll of August 22 , 1943. There are 102 persons in the
appropriate unit. z
982 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The U. E. has an existing contract with P. R. Mallory Company,
the parent corporation of the Company involved herein. The U. E.
contends that the employees involved herein are covered by the said
contract. However, an examination of the contract discloses that it
only covers employees employed at named plants of P. R. Mallory
Company. The Company is not named in the contract. Accordingly
we find the contention of the U. E. to be without merit.
We find that all production and maintenance employees of the Com-
pany, excluding office and clerical employees, plant guards, foremen,
and any other supervisory employees with authority to hire, promote,
discharge, discipline, or otherwise effect changes in the status of em-
ployees, or effectively recommend such action, constitute a unit appro-
priate 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 means of an election by secret ballot
among the employees 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
Relations Act, and pursuant to Article III, Section 9, of National
Labor Relations Board Rules and Regulations-Series 2, as
amended it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with .Light Metals,
Inc., Indianapolis Indiana, 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 Ninth 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 employees 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
LIGHT METALS, INC. 983
at the polls, but excluding any who have since quit or been dis-
charged for cause, to determine whether they desire to be repre-
sented by International Union of Molders & Foundry Workers of
North America, Local 56, affiliated with the American Federation
of Labor, or by United Electrical, Radio & Machine Workers of
America, Affiliated with the Congress of Industrial Organizations,
for the purposes of collective bargaining, or by neither.
CHAIRMAN MILLIS took no part in the consideration of the above
Decision and Direction of Election.