Ordnance Steel Foundry Co.

National Labor Relations Board - Board Decisions

Feb 2, 1943

47 N.L.R.B. 273 (N.L.R.B. 1943)

I
In the Matter of ORDNANCE • STEEL FOUNDRY COMPANY and PATTERN
MAKERS LEAGUE OF NoRTII AMERICA, QUAD CITIES ASSOCIATION,.
A. F. OF L.
Case No. R-4673.-Decided February 2, 1943
Jurisdiction : steel castings manufacturing industry.
Investigation and Certification of Representatives : existence of question-: re-
fusal to recognize because of alleged exiting contract; contract executed
pursuant to certification following consent election which parties agreed should
be conducted among production and maintenance workers and therefore
included the pattern makers held no bar to a present determination of repre-
sentation among such craft employees, when pattern makers' union which had
membership among such employees was not notified at any stage of the pro-
ceedings, was not a party thereto, and appropriateness of pattern makers,
as a separate unit was not in issue ; election necessary.
Unit Appropriate for Collective Bargaining : all pattern makers and their ap-
prentices held a separate appropriate unit or part of an existing industrial
unit; determination dependent upon result of election.
Mr. George Branston, of Bettendorf; Iowa, for the Company.'
Mr. Roy E. Rogers, of Hammond, Incl., for the P. M. L.
Meyers & Meyers, by Mr. Ben Meyers, of Chicago, Ill., for the C. 1. 0.
Dlr. Joseph E. Gubbiti8, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by Pattern Makers League of North Amer-
ica, 'Quad Cities Association, affiliated; with the A. F. of L., herein
,called the P. M. L., alleging that a question affecting commerce had
arisen concerning the representation, of employees of Ordnance Steel
Foundry Company, Bettendorf, Iowa, herein-called the Company, the
National Labor Relatioans Board provided for an appropriate hearing
upon due notice before Harry Brownstein, Trial Examiner. Said
hearing was held at Davenport, Iowa; on December 16, 1942. , The
Company, the P. M. L., and United Farm Equipment and Metal Work-
ers of America, affiliated with the C. I. O:, herein called the C. I. 0.,
appeared, participated, and were afforded full opportunity to be heard,
47N L.R B,No.26,
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274 DECISIO\S OF NATIONAL LABOR RELATIONS BOARD
to examine and cross-examine witnesses, and to introduce evidence
bearing upon 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
Ordnance Steel Foundry Company, a wholly owned subsidiary of
Campbell, Want & Cannon Foundry, Company, Muskegon, Michi-
gan, is an Iowa, corporation. The Company is located at Bettenclorf,
Iowa, occupying property under lease to the United States Govern-
ment, where it is engaged in the manufacture of steel castings under
time and subcontract for the war program. The principal ra%v
materials used are steel scrap, pig iron, and sand, the cost of which
is in excess of $1,000,000 annually. Approximately 50 percent of
these raw materials are shipped from sources originating outside of
the State of Iowa. The products manufactured annually by the
'Company are valued at approximately $2,000,000, all of which are
shipped directly or indirectly to destinations located outside the
State of Iowa.
H. THE ORGANIZATIONS INVOLVED
Pattern Makers League of North America, Quad Cities Associa-
tion, affiliated with the American Federation of Labor, and United
Farm Equipment and Metal Workers of America, affiliated with the
Congress of Industrial Organizations, are labor organizations, admit-
ting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On August 19, 1942, the C. I. 0., the Metal Trades Department,
A. F. of L., and the Company entered into an agreement for a consent
election. The consent election was held on September 2, 1942, and
the C. I. O. was selected by the employees of the Company as their,
bargaining representative. On October 4, 1942, the C. I. O. and the
,Company entered into negotiations for a collective bargaining con-
tract which was signed on November 30, 1942, subject to the approval
of the National War Labor Board, and by its terms was made retro-
active to October 4, 1942. The contract covers substantially the same
unit as was agreed upon by the parties to the consent, election ; it is
to be in effect for 1 year, and to continue from year to year thereafter
subject to a 30 days' termination clause. The pattern makers are
included in the contract.
`ORDNANCE STEEL FOUNDRY COMPANY 275
The P. M. L. contends that the existing contract is not a bar to
the present'question of representation, as claimed by the C. I. O. and
the Company, since it'had no notice of the consent election and there-
fore was unable to participate therein. The record shows that the
P. M. L. had no knowledge of the negotiations leading up to the
agreement for the consent election but several of its members saw the
notices of the election posted in the plant a week previous to the
election. Although the, pattern makers had the right to vote in the
election,Jthe record shows that they decided not to vole because they
were not represented on the ballot. The record further shows that
many attempts were made by the members of the P. M. L. to have
the Company meet with them but not until they staged a 2-hour work
stoppage did the Company grant them their request. At the meet-
ing the Company advised them that it was bound by the resul^s of
the consent election and the contract entered into 'with the C. I. O.
subsequently. The P. M. L. filed its petition on October 7, 1942.
As stated above, when the parties entered into an agreement for a
consent election, the P. M. L. had membership among the Company's
pattern makers but received no notice of the proceeding and was not
a-party thereto. Since the parties to the consent election also agreed
that the appropriate unit should include all production and main-
tenance employees; the pattern makers were included in the unit and
the appropriateness of a separate unit of pattern makers was not in,
issue.'
- Under all the circumstances, we find that the existing contract is
not a bar to a present determination of representatives of the Com-
pany's pattern makers and apprentices.
Evidence introduced by the P. Al. L. at the hearing indicates that
the P. M.'L. represents a substantial number of employees in the unit
it alleges to be appropriate.2
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 DETERMINATION OF I4RPRESENTATIVES
The P. M. L. contends that the pattern makers and their apprentices
by reason of their distinctive craft constitute an appropriate unit for
'Matter of Benduv Products Division of Bend'w Aviation Corporation and Pattern Makers
League of North America, South Bend Association, A F of L, 39 N L R. B 81
2 The evidence consists of a statement pi epared by an cffi^inl of the P M L which shows
that 11 of its members were in the emplov of the Company on or before November 18, 1942
There was testimony to the effect that 10 membership cards were submitted to the Re,ponal
Diiccto', all of which hole appaiently _-enuine signatures Sven cards were dated October
12; 2 were dated October 14, and 1 unc'a*ed All bore names of persons listed on the
Company's pay roll of December 13, 1942. The proposed unit would consist of 18
employees
276 DEICISI6NS OF NATIONAL. LABOR RELATIONS BOARD
bargaining. The C. I. O. and the Company contend that if a question
of representation does exist, the unit should consist of all employees in
the pattern department, including the pattern clerk and'the pattern
storage laborers. The pattern clerk and pattern .storage, laborers- are
not skilled employees, as are the pattern makers, the-pattern clerk does
work which is clerical in nature while the pattern storage laborers are
engaged in semi-skilled work of a different nature. We have held in
numerous cases that pattern makers form a clearly definable unit.'
We accordingly find that the pattern makers and their apprentices
may properly form an appropriate. unit if they so desire. We shall
direct that the question concerning representation which has arisen
be resolved by an election by secret ballot among the pattern makers
and pattern makers' apprentices employed at the Company's Betten-
dorf, Iowa, plant, excluding supervisors, who were employed during
the pay-roll period immediately preceding the date of our Direction of
Election, subject.to the limitations and additions set forth therein.
If the pattern makers and their apprentices select the, P. M. L., they
will thereby have indicated their desire to constitute a separate unit.
If they select the C. I. 0., such employees will have thereby indicated
their desire to be included in the unit with the general production and
maintenance group and will be a part of such unit.'
DIRECTION OF ELECTION
By virtue of and pursuant of 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 Ordnance Steel
Foundry Company, Bettendorf, Iowa, 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 of Election, 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, Section 10, of said Rules and Regulations, among
all the pattern makers and pattern makers' apprentices who were
employed during the pay-roll period immediately preceding the date
of this Direction, including employees wlio did not work during said
pay-roll, period because'they were ill or on vacationf'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
3 Matter of Bethlehem Steel Company (Shipbuilding Dwiston) and Pattern Makers League
of North America, Ncw York Association, 40 N L It B 922.
I In this event we shall order the petition dismissed
ORDNANCE STEEL, FOUNDRY COMPANY 277
any who have since quit or been discharged for cause, to determine
whether they desire to be represented by Pattern Makers League of
North America, Quad Cities Association, A.. F. of L., or by United
Farm Equipment and Metal Workers of America, C. I. 0., 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.
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