National Lead Co.

National Labor Relations Board - Board Decisions

Nov 23, 1942

45 N.L.R.B. 728 (N.L.R.B. 1942)

In the Matter of MAGNUS METAL DIVISION OF NATIONAL LEAD COM-
PANY and CASTING DIVISION,, INTERNATIONAL UNION MINE, MILL &
SMELTER WORKERS C. I. O.
Case No. R-4423.-Decided November 23,1942
Jurisdiction : brass castings manufacturing industry.
Investigation and Certification of Representatives : existence of question: re-
fusal to accord recognition to unions until certification by the Board; contract
no bar to, where Company was notified of both the petitioning union's rep-
resentation claims and the rival union's desire to change the existing contract
prior to date that contract with rival union automatically renewed itself ;
election necessary.
Unit Appropriate for Collective Bargaining : all production and maintenance
employees of one of Company's ten plants, with specified exclusions.
Messrs. Waugh & McClellan, by Mr. James S. McClellan, ,of Chi-
cago , Ill., for " the Company.
Messrs. Meyers d Meyers, by Mr. Ben Meyers, of Chicago, Ill., for
the International.
Mr. D. D. Carmell, of Chicago, Ill., for the Molders.
Mr. Sidney L. Davis, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by Casting Division, International Union
Mine, Mill & Smelter Workers, C. 1. 0., herein called the International,
alleging that a question affecting commerce had arisen concerning the
representation of employees at the Chicago plant of Magnus Metal
Division of National Lead Company, Chicago, Illinois, herein called
the Company, the National Labor Relations Board provided for an
appropriate hearing upon due notice before Robert E. Dickman,
Trial Examiner. Said hearing was held at Chicago, Illinois, on
October 21,1942. The Company, the International, and International
Molders and Foundry Workers Union of North America, Local •399,
A. F. of L., herein called the Molders, appeared, participated, and
45 N. L. R. B., No. 109.
728
MAGNUS METAL DIVISION 729
were afforded full opportunity to be heard, to examine and cross-
examine witnesses, and to introduce evidence bearing on the issues.
During the hearing counsel for the Molders moved to dismiss the peti-
tion. The Trial Examiner reserved his ruling. The motion is hereby
denied. 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
Magnus Metal Division of National Lead Company, a New Jersey
corporation, maintains plants and offices throughout the United
States. We are here concerned only with its plant located at Chi-
cago, Illinois, where it is engaged in the manufacture of brasses
and brass- castings for railroad consumption. Annual purchases
of raw materials by the Chicago plant are in excess of $50,000,
more than 75 percent of which is received from outside the, State of
Illinois. The annual business of the Chicago plant is approxi-
mately $1,000,000, nearly all of which moves in interstate commerce
by railroads throughout the country. The Company concedes that
it is engaged in commerce within the meaning of the National Labor
Relations Act.
IT. THE ORGANIZATIONS INVOLVED
Casting Division, International Union Mine, Mill & Smelter
Workers is a labor organization affiliated with the Congress of In-
dustrial Organizations. It admits to membership employees of
the Company.
International Molders and Foundry Workers Union of North
America, Local 399, is a labor organization affiliated with the Amer-
ican Federation of Labor. It admits to membership employees of
the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company and, the Molders have been parties to exclusive
bargaining contracts covering employees of the Chicago plant since
1938.1 The last agreement between these parties went into effect
on October 1, 1941, and was to remain in full force and effect until
September 30, 1942, and thereafter, unless written notice, for termi-
nation or for the negotiation of a new agreement should be given
by either party thereto within 30 days prior to the -desired termina-
l In 1937 the Company contracted to recognize ' the Molders as a bargaining agency for
its members only.
730 DECISIONS, OF NATIONAL: LABOR RELATIONS BOARD
tion date.2 On August 26, 1942, the Molders notified the Company
that it desired to'amend its existing contract.
. On August 28, 1942, the International, claiming to represent a
majority of the employees, requested the Company for a conference
fora the purpose of negotiating an agreement. The Company ad-
vised the International of its contract with the Molders, and that
it would not conduct negotiations until the majority status of the
International had been determined.
The Molders contends that its contract of October 1, 1941, is a bar
to a present determination of representatives and urges the dis-
missal of the petition herein. The International, however, notified
the Company of its claim to a majority prior to the date that'the
contract expired; further, the Molders notified the Company, that
it desired to change the existing contract. Under these circum-
stances, we find that the contract between the Company and the
Molders does not constitute a bar to a present determination of
representatives`3
A statement of the Regional Director, introduced in evidence at
the hearing, shows that the International and the Molders each rep-
resents a substantial number of employees in the unit hereinafter found
to be 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 Act.
IV. THE APPROPRIATE UNIT
The parties agree, except as noted below, that a unit consisting of
all production and maintenance employees at the Chicago plant of
the Company, including working foremen, but excluding non-working
foremen, office and clerical employees, and watchmen, is appropriate
for the purposes of collective bargaining. The Molders referred the
Board to a petition filed by its parent union in the Board's Ninth
Regional Office, in which the, parent union requests a unit of all em-
2 The agreement , effective October 1, 1941. was executed on December 9, 1941 , following
notification by the Regional Director of the Board that the Molders had prevailed in a con-
sent election conducted by the Board on November 26, 1941. Since the election was held
nearly a year ago, it is no bar to a present investigation of the question concerning repre-
sentation . Matter of United States Rubber Company , Indianapolis Branch, Indianapolis,
Indiana, and Local No 110 of the United Rubber Workers of America ( CIO), 41 N. L. R. B.
1005.
3 Matter of Mitchell Battery Company and United Electrical, Radio and Machine Workers
of,Annerica, Local # 1140, affiliated with the C. I. 0., 35 N. L R. B. 198.
• The Regional Director reported that the International submitted 135 membership appli-
cation cards , of which 120 bear names of persons on the Company' s pay roll of September
8, 1942, which pay roll contained 227 names in the unit hereinafter found to be appropriate.
One hundred and nineteen of these cards were dated between July 12 and August 12, 1942;
one was undated.
The Regional Director also reported that the Molders had submitted records showing
that 219 employees in the appropriate unit were paid-up members of the Molders as of
September 11, 1942.
-MAGNUS METAL' DIVISION 731
ployees in 10 of the Company 's plants , including the Chicago plant:
The Molders takes the position that if the Board should find 'the
appropriate unit to be as petitioned by its parent union , the unit peti-
tioned for herein - would be inappropriate ; but that if the Board
should find that the Chicago plant alone constitutes a separate unit;.
then the unit petitioned for herein is appropriate.
The -record discloses that there was no collective bargaining in the
Chicago plant prior to 1937 ; that since 1937 annual contracts have
been entered into between the Molders and the Company , covering
employees of the Chicago plant only ; and that on November 26, 1941,
an election by consent was held involving only the Chicago plant.
We are of the opinion that the Chicago plant should not at this time
be included with other plants of the Company in a single bargaining
unit. The history of collective bargaining shows that all bargaining
in the Chicago plant has'been on an individual plant basis. Accord-
ingly, we find that all production and maintenance employees of the
Company at the Chicago plant, including working foremen, but ex-
cluding non-working foremen , office and clerical employees , and watch-
men, constitute a unit appropriate for the purposes of collective bar-
gaining, 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 our Direction of Elec-
tion herein , subject to the limitations and additions set forth in said
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 Rela-
tions 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, Chicago, Illinois, 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 Thirteenth 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 employees who did not
732 DECISIONS OF.NATIONAL LABOR RELATIONS BOARD
work during said pay-roll period because they were ill or on vacation
or in the active military service or training of the United States, or
temporarily laid off, but excluding employees who have since quit
or been discharged for cause, to determine whether they desire to be
-represented by Casting Division, International Union Mine, Mill &
Smelter Workers, affiliated with the Congress of Industrial Organiza-
tions, or by International Molders and Foundry Workers Union of
North America, Local 399, affiliated with the American Federation of
Labor, for the purposes of collective bargaining, or by neither.