Maryland Sanitary Manufacturing Corp.

National Labor Relations Board - Board Decisions

Dec 21, 1943

53 N.L.R.B. 1490 (N.L.R.B. 1943)

In the Matter Of MARYLAND SANITARY MANUFACTURING CORPORATION
and UNITED STEELWORKERS OF AMERICA
Case No. 5-R-1403.-Decided December 21, 1943
Mr. Frank A. Kearney, of Phoebus, Va., and Mr. Walter C. My-
lander, Jr., of Baltimore, Md., for the Company.
Messrs. Albert Atallah, Edwin B. Abbott, and Joseph Neal, of Bal-
timore, Md., for the Steelworkers.
Mr. Louis H. Wilderman, of Philadelphia, Pa., for the Molders.
Mr. C. P. Gibson, of,Baltimore, Md., for the Machinists.
Mr. Joseph E. Gubbins, of counsel to the Board.
DECISION
AND
DIRECTION DF ELECTIONS
STATEMENT OF THE CASE
Upon petition duly filed by the United Steelworkers of America,
affiliated with the C. I. 0., herein called the Steelworkers, alleging that
questions affecting commerce have arisen concerning the representa-
tion of employees of Maryland Sanitary Manufacturing Corporation,
Baltimore , Maryland, herein called the Company, the National Labor
Relations Board provided for an appropriate hearing upon due notice
before George L. Weasler, Trial Examiner. Said hearing was held
at Baltimore, Maryland, on November 12, 1943. The Company, the
Steelworkers, International Molders and Foundry Workers Union of
North America, affiliated with the American Federation of Labor,
herein called the Molders, and International Association of Machin-
ists, affiliated with the American Federation of Labor, herein called
the Machinists, appeared, participated, and were afforded full oppor-
tunity to be heard, to examine and cross-examine witnesses, and to
introduce evidence bearing on the issues. The Trial Examiner's rul-
ings 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.
Upon the entire record in the case, the Board makes the following :
53 N. L . R. B., No. 265.
1490
MARYLAND SANITARY MANUFACTURING CORPORATION 1491
FINDINGS OF FA(9r
1. THE BUSINESS OF THE COMPANY
Maryland Sanitary Manufacturing Corporation is a Maryland
corporation located at Baltimore, Maryland, where it is engaged in
the manufacture of war products for the United States Government.
During September 1943, the Company used raw materials valued in
excess of $80,000, approximately 63 percent of which was shipped to
its Baltimore plant from points outside the State of Maryland. Dur-
ing the same period the Company. manufactured finished products
valued in excess of $100,000, approximately 98 percent of which was
shipped to points outside the State of Maryland. We find that the
Company is engaged in commerce within the meaning of the National
Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
United Steelworkers of America, affiliated with the Congress of
Industrial Organizations, is a labor organization admitting to mem-
bership employees of the Company.
International Molders and Foundry Workers Union of North
America and International Association of Machinists are labor
organizations, affiliated with the American Federation of Labor,
admitting to membership employees of the Company.
III. THE QUESTIONS CONCERNING REPRESENTATION
By letter, dated September 28, 1943, the Steelworkers requested rec-
ognition from the Company as the exclusive bargaining representa-
tive of its production and maintenance employees; the Company
refused to accord such recognition.
A statement prepared by the Trial Examiner, introduced in evidence
at the hearing, indicates that each of the unions involved represents
a, substantial number of employees in the units hereinafter designated
as appropriate.'
I The Trial Examiner 's statement shows that the Steelworkers submitted 277 designa-
tions, all of;which bear apparently genuine signatures , and 188 of which bear names of
persons whose names are found on the Company's pay roll of October 17 , 1943; there are
698 employees in the unit alleged to be appropriate by the Steelworkers. The statement
further shows that the Molders submitted 126 designations , all of which bear apparently
genuine signatures , and 83 of which bear names of persons whose names are found on the
Company 's pay roll of October 17, 1943 ; there are 583 employees in the unit alleged to
be appropriate by the Molders. The statement also shows that the Machinists submitted
42 designations , all of which bear apparently genuine signatures , and 32 of which bear
names of persons whose names are found on the Company 's pay roll of October 17, 1943;
there are 135 employees in the unit alleged to be appropriate by the Machinists
1492 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
We find that questions affecting commerce have arisen concerning
the 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 DETERMINATION OF REPRESENTATIVES
The. Steelworkers seeks a unit comprised of all the production and
maintenance employees, excluding first aid employees, salaried and
clerical employees, supervisors, foremen, and assistant foremen. The
Company agrees with the Steelworkers as to the general industrial
type of unit, but would include guards, and first aid and clerical
employees in such unit. The Molders seeks a unit confined to the
production employees of the foundry, while the Machinists desires a
unit composed of all production and maintenance employees in the
machine and shell shops; the Molders and the Machinists are in agree-
ment with the Steelworkers with respect to the classifications it desires
excluded. The record shows no history of collective bargaining with
the Company.
The Company's operations are confined in the main to three sepa-
rate divisions, a foundry, a machine, and a shell shop. The foundry
operates as a distinct entity and is housed in a single building. The
production employees of the foundry are engaged in molding, pouring
metal, chipping and sawing, grinding and polishing, and various
other duties associated with foundry work; all operations which are
necessary for the completion of the finished product are performed in
the foundry. The machine shop is a separate department of the
foundry, but occupies a separate building which is situated approxi-
mately 100 feet from the foundry building. The functions of the
machine shop employees have to do with general maintenance and
those which are generally associated with machinists. The shell shop
also operates as a distinct entity and is located in a single building
situated approximately 200 feet from the foundry and machine shop
buildings. The function of the shell shop is the manufacture of shell
casings. The unfinished castings used in the manufacture of the shell
casings are bought in the open market and shipped to the shell shop ;
the finished products are also shipped directly from the shell shop.
The production employees of the foundry consist, in the main, of
molders, coremakers, furnace men, and apprentices. For the most
part, they are identified with a well defined and skilled craft which has
had a long history of bargaining on a craft basis. The nature of the
work performed and skills required in the machine and shell shops are
essentially different from that of the foundry. The production and
maintenance employees in those shops are composed principally of tool
makers, machinists, machine operators, and electricians. The produc-
tion employees of the foundry do not work in any place other than the
MARYLAND SANITARY MANUFACTURING CORPORATION 1493
-foundry, although on occasion a small number of laborers employed
in the foundry will do some work in the shell shop. The machine shop
employees do general maintenance, electrical, tooling, and machine
work for either the foundry or the shell shop, although they work for
the foundry the greater portion of their time. The three divisions
are under the coordinated supervision of a single general manager.
Each division, however, has its own superintendents and foremen who
are directly responsible to the plant manager.
The common ownership, coordinated management, and integration
of the foundry, machine and shell shops as part of a single business
enterprise, and the location of the three divisions in the same geo-
graphic area, are considerations tending to support the contentions of
the Company and the Steelworkers for a single over-all unit. On the
other hand, the physical separation of the three divisions, the dis-
similarity in work and skill required of the employees therein, the
inappreciable interchange of employees between the three divisions,
and the fact that the foundry and shell shop are operated as distinct
business units, are considerations tending to support the position of
the Molders and the Machinists that separate units for employees in
the foundry 2 and in the machine and shell shops, respectively, should
be appropriate. In this latter regard, we note also that the jurisdiction
of the Molders is confined to production employees of the foundry
while that of the Machinists extends to the remaining production and
maintenance employees.' Under these circumstances, and in the
absence of any history of collective bargaining on behalf of employees
of the Company, we are of the opinion that the employees of the
foundry and the employees of the machine and shell shops could
function either as separate units or as a single bargaining unit. We
find, therefore, that our determination of the unit issue herein should
depend in part on the expressed desires of the employees involved
herein. Accordingly, we shall make no final determination of the
unit at this time but shall defer such determination pending the
results of the elections hereinafter directed.
There remains for consideration several categories whose inclu-
sion or exclusion from the unit is in dispute. As hereinbef ore stated,
the Company urges the inclusion of guards, first aid and clerical
employees in the unit found to be appropriate by the Board, whereas
the Unions desire their exclusion. The record reveals that all guards
employed by the Company are armed, uniformed, and members of
the auxiliary police. We shall, in accordance with our customary
policy, exclude guards from the unit.3 Since the functions and in-
terests of clerical employees differ from those of the ordinary produc-
2 See Matter of Draper Corporation , 45 N L R B 107 ; Matter of Viking Pump Company,
49 N. L R. B 682
3 See Matter of Draroo Corporation, 52 N L R B 322.
1494 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ti on and maintenance employees, we shall exclude clerical employees
from the unit 4 We shall also exclude first aid employees from-the
unit since it appears that their duties and interests, likewise, are dis-
similar to those of production and maintenance euiployees.5
The parties are in -agreement that leadmen should be included in
the appropriate unit. The record shows that the employees in ques-
tion actually perform the same type of duties as do the employees
under their direction, and that they do not possess sufficient authority
to effect changes in the status of those employees. We find that lead-
men are not supervisory employees within the meaning of our usual
definition; we shall include them in the unit.
We shall direct that separate elections by secret ballot be held among
employees of the Company within each of the groups listed below
who were employed during the pay-roll period immediately preceding
the date of the Direction of Elections herein,6 subject to the limitations
and additions set forth in the Direction. There shall be excluded from
each of such voting groups, in addition to others specifically mentioned
herein, all supervisory employees with authority to hire, promote,
discharge, discipline, or otherwise effect changes in the status of em-
ployees or effectively recommend such action. The respective voting
groups shall be as follows :
(1) All production employees in the Company's foundry, including
leadmen, but excluding guards, first aid and clerical employees, to
determine whether they desire to be represented by United Steelwork-
ers of America, affiliated with the C. I. 0., or by International Molders
and Foundry Workers Union of North America, affiliated with the
A. F. L., or by neither. -
(2) All production and. maintenance employees in the Company's
machine and shell shops, including leadmen, but excluding guards,
first aid and clerical employees, to determine whether they desire to
be represented by United Steelworkers of America, affiliated with the
C. I. 0., or by International Association of Machinists, affiliated with
the A. F. L., or. by neither.
As stated above, there will be no final determination of the appro-
priate unit or units pending the results of the elections. If the em-
ployees of both groups choose the Steelworkers they will constitute a
single appropriate unit; if not, each of the groups that selects a
bargaining representative, will separately constitute an appropriate
unit.
See Chicago Bridge and Iron Company , 53 N. L. R. B. 1374.
See footnote 4, supra.
a The Steelworkers requests the Boaid to have eligibility to vote determined by the pay-
roll period immediately preceding November 5, 1943, the date of the Notice of Hearing,
on the grounds that there has been a considerable turnover of employees during the past
60 days and that presently the pay roll is expanding We are of the opinion that the pur-
poses of the Act will best be effectuated by adhering to our usual practice.
MARYLAND SANITARY MANUFACTURING CORPORATION 1495
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, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Maryland Sani-
tary Manufacturing Corporation, Baltimore, Maryland, 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 Fifth
Region, acting in this matter as`agent for the National Labor Rela-
tions Board, and subject to Article III, Sections 10 and 11, of said
Rules and Regulations, among the following groups of employees of
the Company who were employed during the pay-roll- period imme-
diately 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 any who have since quit or been discharged
for cause and have not been rehired or reinstated prior to the date
of the elections :
(a) All production employees in the Company's foundry, includ-
ing leadmen, but excluding guards, first aid and clerical employees,
and all supervisory employees with authority to hire, promote, dis-
charge, discipline, or otherwise effect changes in the status of em-
ployees, or effectively recommend such action, to determine whether
they desire to be represented by United Steelworkers of America,
affiliated with the C. I. 0., or by International Molders and. Foundry
Workers Union of North America, affiliated with the A. F. L., for
the purposes of collective bargaining, or by neither; and
(b) All production and maintenance employees in the Company's
machine and shell shops, including leadmen, but excluding guards,
first aid and clerical employees, and all supervisory employees with
authority to hire, promote, discharge, discipline, or otherwise effect
changes in the status of employees, or effectively recommend such
action, to determine whether they desire to be represented by United
Steelworkers of America, affiliated with the C. I. 0., or by Interna=
tional Association of Machinists, affiliated with the A. F. L., for the
purposes of collective bargaining, or by neither.