R. H. Osbrink Manufacturing Co.

National Labor Relations Board - Board Decisions

May 25, 1945

61 N.L.R.B. 1442 (N.L.R.B. 1945)

In the Matter of R. H. OSBRINK MANUFACTURING Co., and UNITED
AUTOMOBILE , AIRCRAFT & AGRICULTURAL IMPLEMENT WORKERS OF
AMERICA, LOCAL No. 509, C. I. O.
Case No. 21-R-2710.-Decided May 25, 1945
Mr. Frank M. Benedict, of Los Angeles, Calif., for the Company.
Katz, Gallahger & Margolis, by Mr. Milton S. Tyre, of Los Angeles,
Calif., for the UAW-CIO.
Mr. William F. Jebe, of Los Angeles, Calif., for the Pattern Makers.
Mr. William A. Lazzerini, of Los Angeles, Calif., for the Molders.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by United Automobile, Aircraft & Agri-
cultural Implement Workers of America, Local No. 509, C, I. 0., herein
called the UAW-CIO, alleging that a question affecting commerce had
arisen concerning the representation of employees of R. H. Osbrink
Manufacturing Co., Los Angeles, California, herein called the Com-
pany, the National Labor Relations Board provided for an appropriate
hearing upon due notice before William T. Whitsett, Trial Examiner.
Said hearing was held at Los Angeles, California, on April 27 and 30,
1945. At the commencement of the hearing, the Trial Examiner
granted motions of International Molder' and Foundry Workers
Union, Local 374, A. F. L., herein called the Molders, and Pattern
Makers Association of Los Angeles and Vicinity, herein called the
Pattern Makers, to intervene. The Company, the UAW-CIO, the
Molders, and the Pattern Makers appeared at and participated in the
hearing, and all parties were afforded full opportunity to be heard,
to examine and cross-examine witnesses, and to introduce evidence
bearing on the issues. The Trial Examiner's rulings made at the hear-
ing are free from prejudicial error and are hereby affirmed. All
parties were afforded opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following:
t The Pattern Makers intervened solely for the purpose of protecting its interest among
certain employees of the Company. The said employees are not involved in this proceeding.
61 N. L. R. B., No. 235.
1442
R. H. OSBRINK MANUFACTURING CO.
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
1443
R. H. Osbrink Manufacturing Co. is a partnership with its prin-
cipal place of business at Los Angeles, California, where it is engaged
in the manufacture of aluminum castings. During 1944 the Company
purchased raw materials valued at about $50,000, all of which was
shipped to it from points outside the State of California. During
the same period the Company manufactured products valued at about
$1,000,000, approximately 50 percent of which was shipped to points
outside the State of California.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
United Automobile, Aircraft & Agricultural Implement Workers of
America, Local No. 509, is a labor organization affiliated with the Con-
gress of Industrial Organizations, admitting to membership employees
of the Company.
International Molders and Foundry Workers Union, Local 374, and
Pattern Makers Association of Los Angeles and Vicinity are labor
organizations affiliated with the American Federation of Labor,
admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company refuses to recognize either the UAW-CIO or the
Molders as the exclusive collective bargaining representative of the
employees involved herein until such time as one or the other is certified
by the Board.
On- February 28, 1942, the Company purchased from Menasco Man-
ufacturing Co., herein called Menasco, certain properties which collec-
tively constituted a foundry owned by Menasco. Menasco was at that
time under contract with the Molders, covering the employees in-
volved herein. That agreement provided that it should become effec-
tive on February 6, 1942, and to "remain in force until July 1, 1943,
or for the period of the unlimited emergency proclaimed by the Presi-
dent of, the United States, whichever is longer, and thereafter until
either party thereto shall give to the other party 30 days' written notice
of desire for change or termination." Inasmuch as the contract dis-
cussed above is for an indefinite term, we conclude that it does not con-
stitute a bar to a determination of representatives at this time.
A statement of a Field Examiner of the Board, introduced into evi-
dence at the hearing, indicates that the UAW-CIO represents a sub-.
1444 DECISIONS OF NATIONAL LABOR RELATIONS, BOARD
stantial 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
We find, in agreement with the parties, that all production and
maintenance employees at the 3917 McKinley Avenue, Los Angeles,
California, plant of the Company, including janitors, storekeepers,
general helpers, plaster mold strippers, finishers and assemblers, fil-
ing, scraping, and shake-out employees, shipping and inspecting em-
ployees, processing operators, dry and wet mixers, grinders and
sanders, crucible tenders and operators, sawyers, journeymen molders,
core makers, finishers, molders' helpers, sand cutters, general mainte-
nance employees and assistants, foundry carpenters, apprentices, and
helpers, but excluding pattern makers, office clerical employees,
guards, and all supervisory employees with authority to hire, pro-
mote, discharge, discipline, or otherwise effect changes in the status
of employees, or effectively recommend such action, constitute 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 means of an election by secret ballot among
the employees 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 Rela-
tions Act, and pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 3, as amended, it is
hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with R. H. Osbrink
Manufacturing Co., Los Angeles, California, an election by secret
2 The Field Examiner reported that the UAW -CIO presented 114 authorization cards
bearing the names of persons who appear on the Company 's pay roll of March 7, 1945.
There are approximately 341 employees in the appropriate unit The Molders did not
present any evidence of representation , but relies upon its contract as evidence of its
interest in the instant proceeding.
R. H. OSBRINK MANUFACTURING CO. 1445
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 Twenty-first Region,
acting in this matter as agent for the National Labor Relations
Board, and subject to Article III, Sections 10 and 11, 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 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 dis-
charged for cause and have not been rehired or reinstated prior to
the date of the election, to determine whether they desire to be repre-
sented by United Automobile, Aircraft & Agricultural Implement
Workers of America, Local 509,-C. I. 0., or by International Molders
and Foundry Workers Union, Local 374, A. F. L., for the purposes
of collective bargaining, or by neither.