National Lead Co.

National Labor Relations Board - Board Decisions

Jan 4, 1943

46 N.L.R.B. 691 (N.L.R.B. 1943)

In the Matter of MAGNUS METAL DIVISION OF NATIONAL LEAD COM-
PANY and LOCAL 351; INTERNATIONAL UNION, UNITED AUTOMOBILE,
AIRCRAFT & AGRICULTURAL IMPLEMENT WORKERS op AMERICA
(UAW)
Case No. R-4615.-Decided January 4,M3
Jurisdiction : brass castings manufacturing industry.
Investigation and Certification of Representatives : existence'of question : refusal
to accord recognition without Board certification; contract automatically re-
newable in absence of 30 days' notice held no bar to, when petitioner gave
timely notice and 'contracting union had itself notified Company of desire to
change contract prior to automatic renewal date ; election necessary.,,
Unit Appropriate for Collective Bargaining : all production and maintenance
employees at one of Company's 16 plants, with specified inclusions and
exclusions.
Mr. F. A. Croft, of Chicago, Ill., for the'Company.
Mr. Nicholas J. Rothe, of Detroit, Mich., for the UAW.
Mr. John P. Warner, of Kalamazoo, Mich., and Mr. Harry J. Berne,
of Detroit, Mich., for the Molders.
Miss Muriel J. Levor, of counsel to the Board.
DECISION
t AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon, an amended petition duly filed by Local 351, International
Union, United Automobile, Aircraft & Agricultural Implement.
Workers of America, herein called, the ,UAW, alleging that a ques-
tion affecting commerce,had arisen concerning the, representation of
employees of the Magnus Metal Division of National Lead Com-
pany, herein called the Company, at its Detroit plant, the National
Labor Relations Board provided for an appropriate hearing upon
due notice before Robert J. Weiner, Trial Examiner. Said hearing
was held at Detroit, Michigan, on December 3, 1942. The Company,
the UAW, and Local 31, International, Molders and Foundry Workers
Union of North America, herein called the Molders, appeared, par-
ticipated, and were afforded full opportunity to be heard, to examine
46 N. L. It. B., No. 82.
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692 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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.
Upon the entire record in the case; the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
The Company, a New Jersey corporation, is licensed to do business
in the State of Michigan; its general offices are located in Chicago,
Illinois. The Company is engaged in the business of processing brass
castings which are sold primarily to United States railroad companies.
Such brass castings consist principally of car journal bearings and
locomotive bearings and castings. The principal raw materials used
by the Company in its manufacturing, operations are scrap brass and
other non-ferrous metals. The Company operates a plant in the city
of Detroit, Michigan, which alone is' here involved. During the 6
months' period ending September 30, 1942, the materials shipped to
the Company's plant at Detroit, Michigan, were valued at approxi-
mately $325,000. Of this amount, materials in the approximate value
of $65,000 were shipped,to the Detroit plant from points outside the
State' of Michigan. During the same fiscal period gross sales made by
the Detroit plant of the Company were approximately $475,000, of
which approximately $95;000 represented sales to points outside the
State of Michigan. I
H. THE ORGANIZATIONS INVOLVED
Local 351, International Union,, United Automobile; Aircraft &
Agricultural Implement Workers of America, is a labor organization
affiliated with the Congress of Industrial Organizations, admitting to
membership employees-of the Company.
Local 31, International Molders and Foundry Workers Union of
North America is a labor organization affiliated with the American
Federation of Labor, admitting to membership employees of tho
Company.
III. THE QUESTION CONCERNING REPRESENTATION
On or about September 18, 1942, the UAW in a letter to the Company
requested recognition as exclusive bargaining agent for the production
employees of the Company at its Detroit plant. The Company re-
fused unless and until the UA«T is duly certified as such by the Board.
On October 27, 1941, the Company and the Molders entered into a
MAGNUS METAL DIVISION . 693
contract wherein the Molders was recognized as the 'sole bargaining
agent for the employees of the Company at its Detroit plant. This
contract provided for automatic yearly renewal in the absence of
notice to the contrary at least 30 days prior to any anniversary date.
It appears that the Molders, on or about September 22, 1942, notified
the Company of its desire to negotiate a new agreement. Under these
circumstances, and since the UAW requested exclusive recognition on
September 18, 1942, prior to the time the contract would have renewed
itself, the contract is not a bar to this proceeding. ' ' '
' A statement of the Regional Director, introduced in evidence at
the hearing, shows that the UAW represents a substantial number of
employees in the unit hereinafter found appropriate.'
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company, within the meaning
of Section 9 (c) and Section 2 (6)' and (7) 'of the National Labor
Relations Act.
IV. THE APPROPRIATE UNIT , , ,
The UAW contends that the appropriate unit should consist of all
production and maintenance employees of the' Company at its Detroit
plant, excluding supervisory, office, and clerical employees, but includ-
ing the timekeeper, the shipping clerk, and the plant-protection force.
The Molders, on the other hand, contends that a multiple plant unit,
consisting of the 10 company plants with which it has had agreements,
is the appropriate unit.
The Company operates 16 plants in'various sections of the country.
It appears from the testimony that the Company's labor contracts at
11 of its 16 plants hale all been on a single plant basis even though 10
Of these contracts- are with various locals of the Molders. The 11th
plant is under contract to an unspecified union affiliated 'with the Con-
b ess -of Industrial Organizations. The history, of labor relations in
this Company clearly supports single plant units. The. Company
expresses no desire as to the geographical extent of the unit. Accord-
ingly, we are of the opinion that a combination of 10 plants in a single
unit would not be appr6priate.2
At the hearing the parties agreed that if the Board finds the Detroit
plant to constitute an-appropriate bargaining unit, all the production
and maintenance employees should be included and, all foremen and
The Regional ' Director reported that the UAW had submitted 41 signed cards, 37 dated
September and October 1942 and the rest undated ; that of the signatures thereon, all of
which appeared to be genuine , 39 were the names of persons on the Company 's pay roll of
October 10 , 1942, which contained a total of 45 names within the appropriate unit. The
Molders offered no evidence of its representation , but relied on its contract. '
2 See Magnus Metal Division of National Lead Company and Casting Division, Interna.
tional Union Mine, Mill & Smelter Workers C. I. 0., 45 N. L. R. B 728.,
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694 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
supervisory employees and office clerks should be excluded. However,
there are diverse contentions as, to the inclusion of various categories.
'The UAW desires to include the timekeeper,,shipping clerk, and watch-
men. The Company and the Molders, desire their exclusion. The
Molders' contract with the Company excluded watchmen and clerks.
It appears that the latter term was interpreted to include the timekeeper
and shipping clerk. We shall accordingly exclude the watchmen,
timekeeper, and shipping clerk.
We find that all production and maintenance employees of 'the Com-
pany at its Detroit plant, excluding foremen; and supervisory, clerical,
and office employees, watchmen, timekeeper, and shipping clerk, con-
stitute' a unit appropriate 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 an election by secret ballot among the em-
ployees 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 Magnus Metal
Division of National Lead Company, Detroit, Michigan, 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 Seventh Region,
acting in this matter as agent for the National Labor Relations Board,
and subject to Article III, Section 10, 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 any such 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
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NATIONAL 'SAVINGS & TRUST CO. 695
cause, to determine whether they desire to be represented by Local 351,
International Union, United Automobile,, Aircraft & Agricultural
Implement Workers of America, affiliated with the Congress of Indus-
trial Organizations, or by Local 31, International Molders and Foundry
Workers Union of North America, affiliated with the American Federa-
tion of Labor, for the purposes of collective bargaining, or by neither.
MR. GERALD D . REU,LY took no part in the consideration of the above
Decision and Direction of Election.