Rochester Metal Products

National Labor Relations Board - Board Decisions

Dec 18, 1943

53 N.L.R.B. 1394 (N.L.R.B. 1943)

In the Matter of E. D. EVANS, ROBERT KERSEY AND W. F. SPE NCER, JR.
DOING BUSINESS AS ROCHESTER METAL PRODUCTS and INTERNATIONAL
MOLDERS AND FOUNDRY WORKERS UNION OF NORTH AMERICA, AFFILI-
ATED WITH THE AMERICAN FEDERATION OF LABOR
Case No. 13-R-2086.-Decided December 18,194 3
Mr. Earl G. DeFur, Muncie, Ind., for the Company.
Mr. Gilmond Hart, of Muncie, Ind., for the Union.
Miss Olive N. Barton, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION,
STATEMENT OF THE CASE
Upon an amended petition duly filed by International Molders and
Foundry Workers Union of North America, affiliated with the Ameri-
can Federation of Labor, herein called, the Union, alleging that a ques-
tion affecting commerce had arisen concerning the representation of
employees of E. D. Evans, Robert Kersey and W. F. Spencer, Jr.,'
doing business as Rochester Metal Products, Rochester, Indiana, herein
called the Company, the National Labor Relations Board provided for
an appropriate hearing upon due notice before George S. Freudenthal,
Trial Examiner. Said hearing was held at Rochester, Indiana, on No-
vember 2, 1943. The Company and the Union appeared, participated,
and 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 hearing are free from preju-
dicial error and are hereby affirmed. All parties were afforded oppor-
tunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
E. D. Evans, Robert Kersey and W. F. Spencer, Jr., doing business
as Rochester Metal Products, an Indiana partnership, is engaged at its
'At the hearing, on motioniof the Union, the notice of hearing and other formal papers
herein were amended to show this, the Company's correct designation.
53 N. L. R. B., No. 254.
1394
ROCHESTER METAL PRODUCTS 1395
only plant at Rochester, Indiana, principally in the manufacture of
bomb parts on subcontract for the Great States Corporation of Shelby-
ville, Indiana. About 20 percent of its facilities is devoted to manu-
facturing stove castings, which are shipped to Ray-Glo, Inc., also at
Shelbyville, Indiana. During the year ending September 30, 1943,
the Company received raw materials valued in excess of $25,000, 40
percent of which was shipped from points outside the State of Indi-
ana. During the same period, the finished products were valued at
more than $50,000. The munitions produced by the Company, after
being assembled at Shelbyville, are turned over to the United States
Navy and shipped throughout the United States, and about 90 percent
of the stoves made -for Ray-Glo are shipped outside the State of
Indiana.
We find that the Company is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
International Molders and Foundry Workers Union of North'
America is a labor organization affiliated with the American Federa-
tion of Labor, admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On September 20, 1943, the Union 2 in a letter to a partner in the
Company claimed to represent a majority of the employees of the
Rochester Foundry Company and was referred to the plant super-
intendent, who on October 1, 1943, refused to recognize the Union,
pending Board certification.
A statement of the Regional Director introduced in evidence at
the hearing, indicates that the Union represents a substantial number
of employees within the unit herein found appropriate 8
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.
2 The letter was written by Gilmond Hart of the Union 's International organization, the
petitioner herein. We find no merit to the Company's contention that no question of
representation has been properly raised because the Union 's Local 246 was not chartered
until September 27, 1943.
3 The Regional Director reported that the Union submitted 44 membership cards, 43 of
which carry apparently genuine original signatures corresponding « ith names on the
Company's pay roll of October 8, 1943, which pay roll contains the names of 49 persons
in the alleged appropriate unit.
1396 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
IV. THE APPROPRIATE UNIT
0
In accordance with the agreement of the parties, we find that all
production and maintenance employees of the Company at its
Rochester, Indiana, plant, including watchmen, but excluding office
and clerical employees, foremen and other supervisory employees
with authority to hire, promote, discharge, discipline, or otherwise
effect changes in the status of employees or effectively recommend
such action, constitute a unit appropriate for the purposes of col-
lective 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 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 the Direction of Elec-
tion herein, subject to the limitations and additions set forth in the
Direction.
The Union has requested that it be designated on the ballot as
International Molders and Foundry Workers Union of North Amer-
ica, Local 246, affiliated with the A. F. of L. The request is hereby
granted.
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, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with E. D. Evans,
Robert Kersey and W. F. Spencer, Jr., doing business as Rochester
Metal Products, Rochester, Indiana; 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, 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 vaca-
tign or temporarily laid off, 'and including employees in the armed
ROCHESTER METAL PRODUCTS 1397
forces of the United States who present themselves in person at the
polls, but excluding those employees 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 or not they desire to be
represented by International Molders and Foundry Workers Union
of North America, Local 246, affiliated with the A. F. of L., for the
purposes of collective bargaining.
MR. GERARD D. REILLY took no part in the consideration of the above
Decision and Direction of Election.
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