Precision Castings Co., Inc.

National Labor Relations Board - Board Decisions

Apr 21, 1948

77 N.L.R.B. 261 (N.L.R.B. 1948)

In the Matter Of PRECISION CASTINGS COMPANY, INC., EMPLOYER and
AMERICAN FEDERATION OF LABOR, PETITIONER
In the Matter of PRECISION CASTINGS COMPANY, INC., EMPLOYER and
INTERNATIONAL UNION, UNITED AUTOMOBILE, AIRCRAFT & AGRI-
CULTURAL IMPLEMENT WORKERS OF AMERICA, PETITIONER
Cases Nos. 3-RC-42 and 3-RC-44, respectively.Decided April °,91,
1948
Stanley, Smoyer cli Sc/Gu-artz, by Mr. Harry E. Smoyer, all of Cleve-
land, Ohio, for the Employer.
Mr. Carlton Steger, of Buffalo, N. Y., for the A. F. of L.
Mr. Francis X. O'Mealia, of Syracuse, N. Y., for the U. A. W.
Mr. Sidney H. Greenberg, of Syracuse, N. Y., for the Smelter
Workers.
DECISION
AND
DIRECTION OF ELECTION
Upon two petitions duly filed, hearing in the consolidated cases
was held at Syracuse, New York, on March 22, 1948, before John C.
McRee, hearing officer.
International Union of Mine, Mill and Smelter Workers, CIO'.
herein called the Smelter Workers, was permitted by the hearing
officer to intervene in this case. It appears that the Smelter Workers
was certified in 1943 as the bargaining agent of the employees involved,
and that the most recent contract between the Smelter Workers and
the Employer expired on March 1, 1948, after both parties had
served timely written notices of their desire to terminate the contract
in accordance with its terms. In addition our records disclose that
the Smelter Workers has not complied with the filing requirements
of Section 9 (f), (g), and (h) of the amended Act.
We have heretofore held, as we do now, that we will not grant
intervention to a non-complying union which does not have a con-
tractual interest in the proceeding as of the date of the hearing. That
policy is equally applicable where, as here, the non-complying union
The name of this union appears as amended at the hearing.
77 N. L. R. B., No. 33.
261
788886-49-vol. 77-1S
262 DECISIONS OF NATIONAL' LABOR RELATIONS BOARD
without a contractual interest was certified approximately 5 years ago.
Accordingly, the hearing officer's ruling permitting intervention was
error and is hereby reversed. We therefore will not consider the
positions taken or the contentions and motions made by the Smelter
Workers.2 Other rulings made by the hearing officer are free from
prejudicial error and are hereby affirmed.
Upon the entire record in the case, the National Labor Relations
Board 8 makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF TILE EMPLOYER
Precision Castings Company, Inc., a New York corporation, is en-
gaged in the manufacture and treatment of zinc, aluminum, and mag-
nesium die castings at its plant in Fayetteville, New York. The
Employer annually purchases raw materials valued at over $50,000,
more than 50 percent of which represents shipments from outside the
State of New York. The Employer annually sells finished products
valued at more than $50,000, of which more than 50 percent represents
shipments to points outside the State.
The Employer admits and we find that it is engaged in commerce
within the meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
The Petitioner in Case No. 3-RC-42, herein called the A. F. of L.,
is a labor organization claiming to represent employees of the Em-
ployer.
The Petitioner in Case No. 3-RC-44, herein called the UAW, is a
labor organization affiliated with the Congress of Industrial Organiza-
tions, claiming to represent employees of the Employer.
III. THE QUESTION CONCERNING REPRESENTATION
As already noted, the last contract between the Employer and the
Smelter Workers expired on March 1, 1948. Shortly before this date,
on February 24, 1948, the A. F. of L. requested recognition as exclusive
bargaining agent of the employees covered by that contract, and on
February 25, 1948, it filed the instant petition. On February 27, 1948,
the UAW made a similar request for recognition and filed its petition
the same day. The Employer refused to recognize either the
Matter of Campbell Soup Company, 76 N L . R. B. 950.
3 Pursuant to the provisions of Section 3 (b) of the National Labor Relations Act, the
Board has delegated its powers in connection with this case to a three -man panel consisting
of the undersigned Boaid Mambers [ Houston, Murdock , and Gray].
PRECISION CASTINGS COMPANY, INC. 263
A. F. of L. or the UAW as the exclusive bargaining agent of its em-
ployees in the absence of a Board-conducted election to determine the
representative. On March 9, 1948, the Emp] over, the A. F. of L., and
the UAW entered into a stipulation for a consent election to be held on
March 18, 1948. However, because the Smelter Workers asserted' an
interest in the proceedings in the interim, the Regional Director on
March 16, 1948, ordered a hearing.
We find that a question affecting commerce exists concerning the
representation of employees of the Employer, within the meaning of
Section 9 (c) (1) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
We find, substantially in agreement with the parties, that all pro-
duction and maintenance workers at the Fayetteville, New York,
plant, of the Employer, excluding laboratory employees, office and
clerical personnel, guards, watchmen, and all or any other super-
visors, constitute a unit appropriate for the purpose 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
exists be resolved by an election by secret ballot, subject to the limi-
tations and additions set forth in the direction.
During the summer months the Employer has occasion to hire high
school and college students for work in the production and main-
tenance departments. They are paid the same wages and have the
same conditions of employment as other production and maintenance
workers. These students are hired as permanent employees, but it
has been the Employer's experience that they leave at the end of the
summer when school sessions resume. The Employer and the A. F.
of L. would permit these employees to vote as employees in the unit;
the UAW would exclude them. However, we find it unnecessary to
pass upon this question, since the pay roll which will be used to de-
termine eligibility to vote in the election hereinafter directed, namely,
the one immediately preceding this direction, will be dated con-
siderably in advance of the summer season and will not embrace any
employees in this category.
As noted above, the Employer, the UAW, and the A. F. of L. en-
tered into a stipulation for a consent election, which was superseded
by the representation hearing ordered by the Regional Director. The
election which we are directing, however, in effect carries out the
stipulation of the parties. It is regrettable that the Regional Di-
rector, in view of the Smelter Workers' non-compliance with the
264 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
amended Act, and its lack of contractual interest at the crucial time,
did not, consistently with recently enunciated Board doctrine,4 dis-
count the asserted claim of the Smelter Workers and also proceed
with the election on the basis of the consent election agreement.
DIRECTION OF ELECTION 5
As part of the investigation to ascertain representatives for the pur-
poses of collective bargaining with Precision Castings Company, Inc.,
Fayetteville, New York, 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 Third Region, and subject to Sections 203.61 and
203.62, of National Labor Relations Board Rules and Regulations-
Series 5, and to our determination in Section V, above, 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 work during
said pay-roll period because they were ill or on vacation or tem-
porarily laid off, but excluding those employees who have since quit
or been discharged for cause and have not been rehired or reinstated
prior to the date of the election, and also excluding employees on
strike who are not entitled to reinstatement, to determine whether they
desire to be represented by American Federation of Labor, or by In-
ternational Union, United Automobile, Aircraft & Agricultural Im-
plement Workers of America, for the purposes of collective bargain-
ing, or by neither.
4Matter of Schneider Transportation Company, 75 N. L. R. B. 870. The recently
expired contract constitutes no interest in this connection.
5 Any participant in the election directed herein may, upon its prompt request to, and
approval thereof by , the Regional Director , have its name removed from the ballot.