Pequonnock Foundry, Inc.

National Labor Relations Board - Board Decisions

Apr 17, 1941

31 N.L.R.B. 38 (N.L.R.B. 1941)

In the Matter Of PEQUONNOCK FOUNDRY, INCORPORATED and LOCAL
UNION No. 12 , INTERNATIONAL MOLDERS AND FOUNDRY WORKERS
UNION, A. F. OF L.
Case No. R--43t.-Decided A" l l 17, 19V
Jurisdiction : casting manufacturing industry.
Investigation and Certification of Representatives : existence of question : re-
fusal to accord union recognition until certified by the Board; election
necessary.
Unit Appropriate for Collective Bargaining : maintenance, and shipping and
receiving employees, including working foremen, but excluding supervisory,
office and clerical employees
Mr. William J. Buckley, of Bridgeport, Conn., Mr. George E. Kirs-
ten, of Westport, Conn., and Mr. Edward F. Zehnder, of Fairfield,
Conn., for the Company.
Mr. Herbert W. Clements, of Cleveland, Ohio and Mr. Joseph A.
Hickey, of Ansonia, Conn., for the Union.
Mr. Louis S. Penfield, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On February 13, 1941, Local Union No. 12, International Molders
and Foundry Workers Union, A. F. of L.,1 herein called the Union,
filed with the Regional Director for the Second Region (New York
City) a petition alleging that a question affecting commerce had arisen
concerning the representation 'of employees of Pequonnock Foundry,
Incorporated,2 Bridgeport, Connecticut, herein called the Company,
and requesting an investigation and certification of representatives
pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat.
449, herein called the Act. On March 17, 1941, the National Labor
Relations Board, herein called the Board, acting pursuant to Section
9 (c) of the Act and Article III, Section 3, of National Labor Relations
i Incorrectly designated in some of the formal papers as "International Molders and
Foundry Workeis Union , A F. of L "
2 Incorrectly designated in some of the formal papers as "The Pequonnock Foundry Co."
31 N. L R. B., No. S.
38
PEQUONNOCK FOUNDRY, INC. 39
Board Rules and Regulations-Series 2, as amended, ordered an in-
vestigation and authorized the Regional Director to conduct it and to
provide for an appropriate hearing upon due notice.
On March 19 , 1941, the Regional Director issued a notice of
hearing, copies of which were duly served upon the Company and
upon the Union. Pursuant to notice, a hearing was held on March
28, 1941, at Bridgeport , Connecticut , before Daniel R. Dimick, the
Trial Examiner duly designated by the Chief Trial Examiner. The
Company was represented by counsel and the Union by its repre-
sentatives; both parties participated in the hearing. Full opportu-
nity to bo heard, to examine and cross -examine witnesses, and to
introduce evidence bearing on the issues was afforded -all parties.
At the commencement of the hearing the Trial Examiner granted
a motion to amend the petition in certain respects hereinafter noted.
During the course of the hearing the Trial Examiner made several
rulings on motions and on objections to the admission of evidence.
The Board has reviewed the rulings of the Trial Examiner and finds
that no prejudicial errors were committed . The rulings are hereby.
affirmed.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Pequonnock Foundry, Incorporated, a Connecticut corporation, is
engaged in the manufacture , sale and distribution of grey iron,
semi-steel, alloy iron castings , antique garden furniture , 'and related
products at Bridgeport , Connecticut . The principal raw materials
used by the Company in the operation of its business are pig iron,
scrap iron, steel scrap, sands, and clay. During the year 1940 ap-
proximately 80 per cent of` such raw materials , valued in excess of
$37,800, were purchased by the Company and shipped to it from
points outside the State, of Connecticut . During the same period
approximately 20 per cent of the finished products of the Company,
valued in excess of $180,000, were sold by the Company and shipped
to places outside the State of Connecticut.
The Company admits that it is engaged in interstate commerce
within the meaning of the Act.
IT. THE ORGANIZATION INVOLVED
Local Union No. 12, International Molders and Foundry Workers
Union is a labor organization affiliated with the American Federation
of Labor. It admits to membership employees of the Company.
40 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
M. THE QUESTION CONCERNING REPRESENTATION
At the hearing the parties stipulated that the Company, although
requested to recognize the Union as the statutory representative of
its employees, refused to accord such recognition until such time as
the Union is certified as such representative by the Board.
A statement of the Regional Director introduced into evidence
shows that the Union represents a substantial number of employees
in the collective bargaining unit hereinafter found to be appropriate.8
We find that a question has arisen concerning the representation
of employees of the Company.
IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON
COMMERCE
We find that the question concerning representation which has
arisen, occurring in connection with the operations of the Company
described in -Section I above, has a close, intimate, and substantial
.relation to trade, traffic, and commerce among the several States and
tends to lead to labor disputes burdening and obstructing commerce
and the free' flow of commerce.
V. THE APPROPRIATE UNIT
The Union alleges in its petition, as amended, that the unit appro-
priate for collective bargaining purposes is comprised of all produc-
tion and maintenance employees, including working foremen and
shipping and receiving employees, but excluding supervisory, office
and clerical employees. The Company contends that the molders and
core makers should constitute one unit and that the laborers, main-
tenance, and shipping employees should constitute a separate unit.,
The business of the Company is carried on in a single one-story
building containing a single unpartitioned room. The production of
various types and sizes of castings is chiefly accomplished by a
group .of molders and core makers whose various tasks require a
high degree of skill. These workers, however, are directly assisted in
their work by apprentices and helpers as well as by general laborers
who perform various tasks including hauling metals and sands, and
sawing, cutting, grinding, and chipping the raw materials or the
finished castings. Other workers are engaged in packing and ship-
ping these castings and in general maintenance work about the plant.
S The Regional Director reported that 39 union application cards, 311 dated between No-
vember 20 , 1940, and February 4, 1941, and 5 undated , were submitted to him and that 35
appear to bear genuine original signatures of persons whose names appear on the Company's
pay roll of February 24, 1941. There are 69 persons on such pay roll in the appropriate
unit.
PEQUONNOCK FOUNDRY, INC. 41
Prior to 1934 the petitioning union was a craft organization which
limited its jurisdiction to molders and core makers alone. However,
in 1934 it broadened its jurisdiction to admit to membership "all
workers engaged in the production, processing and assembling of
castings and related products" and since that time its organizational
efforts have been conducted upon this basis. In the present instance
the unit which the Union seeks to establish is comprised of all per-
sons whether skilled or unskilled who are engaged in or connected
with the production of castings.
Under all the circumstances we are of the opinion that the unit
alleged by the Union is appropriate for collective bargaining purposes.
We find that all production, maintenance, and shipping and receiving
employees of the Company, including working foremen, but exclud-
ing supervisory, office and clerical employees, constitute a unit appro-
priate for the purposes of collective bargaining and that such unit will
insure to employees of the Company the full benefit of their right to
self-organization and to collective bargaining and otherwise effectuate
the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
We find that the question concerning representation which has
arisen can best be resolved by an election by secret ballot.
The Company requests that a current pay, roll date be selected for
determining the eligibility of voters. The Union, although' express-
ing a preference that eligibility be determined by a pay roll at the
time of the filing of the petition or at the time of the hearing, indi-
cated that it would not object to the use of a current pay roll. Ac-
cordingly, we shall direct that those eligible to vote in the election
shall be the employees in the appropriate unit who were employed
by the Company during the pay-roll period immediately preceding the
date of the Direction of Election herein, subject to such limitations
and additions as are set forth in such Direction of Election.
Upon the basis of the above findings of fact and upon the -entire
record in the case, the Board makes the following:
CONCLUSIONS OF LAW
'1. A question affecting commerce has arisen concerning the repre-
sentation of employees of Pequonnock Foundry, Incorporated, Bridge-
port, Connecticut, within the meaning of Section 9 (c) 'and Section
2 (6) and (7) of the National Labor Relations Act. .
2: All production, maintenance, and shipping and receiving em-
ployees of the Company, including working foremen but excluding
supervisory, office, and clerical employees, constitute a unit appro-
42 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
priate for the purposes of collective bargaining within the meaning
of Section 9 (b) of the National Labor Relations Act.
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 Rela-
tions Act, 49 Stat. 449, and pursuant to Article III, Section 8, of Na-
tional Labor Relations Board Rules and Regulations-Series 2, as
amended, it is hereby \
DIRECTED that, as part of the investigation authorized by the Board
to ascertain representatives for the purposes of collective bargaining
with Pequonnock Foundry, Incorporated, Bridgeport, Connecticut,
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 Di-
rector for the Second Region, acting in this matter as agent for the
National Labor Relations Board, and subject to Article III, Section
9, of•said Rules and Regulations, among all production, maintenance,
and shipping and receiving employees of the Company, including
working foremen whose names appear on the Company's pay roll
for the period next preceding the date of this Direction of Election,
and employees who did not work during such pay-roll period because
they were ill or on vacation or in the active military service or train-
ing of the United States, or who were temporarily laid off, but exclud-
ing supervisory, office and clerical employees and employees who have
since quit or been discharged for cause, to determine whether or not
they desire to be represented by Local Union No. 12, International
Molders and Foundry Workers Union, A. F. of L., for purposes of
collective bargaining.