Rosedale Foundry & Machine Co.

National Labor Relations Board - Board Decisions

Aug 27, 1941

35 N.L.R.B. 1 (N.L.R.B. 1941)

DECISIONS AND ORDERS OF THE NATIONAL LABOR
RELATIONS BOARD
In the Matter of ROSEDALE FOUNDRY & MACHINE COMPANY and IN-
TERNATIONAL MOLDERS AND FOUNDRY WORKERS , LOCAL UNION 46,
AFFILIATED WITH THE A. F. OF L.
Case No. B-2807.-Decided August ^07, 1941
Jurisdiction : iron casting manufacturing industry.
Investigation and Certification of Representatives : existence of question: re-
fusal to accord union recognition ; election necessary.
Unit Appropriate for Collective Bargaining : molders, molders ' helpers, core-
makers, foundry -cupola laborers , chippers , grinders , cranemen , and general
laborers in the foundry of the Company , excluding watchmen , patternmakers,
the shipper , the electrician , carpenters , machine-shop laborers , the machine-
shop timekeeper , machinists , machinist apprentices , machine-shop cranemen,
truck drivers, clerks , the plant superintendent , foremen and other supervisory
employees.
Mr. H. T. Irwin and Mr. H. T. Irwin, Elr., of Pittsburgh, Pa., for
the Company.
Mr. William H. Schell, of Avalon, Pa., and Mr. H. G. Flaugh,
of Pittsburgh, Pa., for the Union.
Mr. Bonnell Phillips, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On July 7, 1941, International Molders and Foundry Workers,
Local Union 46, affiliated with the A. F. of L., herein called the
Union, filed with the Regional Director for the Sixth Region (Pitts-
burgh, Pennsylvania) a petition alleging that a question affecting
commerce had arisen concerning the representation of employees of
Rosedale Foundry & Machine Company, Pittsburgh, Pennsylvania,
herein called the Company, and requesting an investigation and certi-
fication of representatives pursuant to Section 9 (c) of the National
Labor Relations Act, 49 Stat. 449, herein called the Act. On August
1, 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 Board Rules and Regulations-Series 2,
35 N. L . R. B.,'No. 1.
I
2 DECISIONS OF ;.STATIONAL LABOR RELATIONS BOARD
as amended, ordered an investigation and authorized the Regional
Director to conduct it and to provide for an appropriate hearing upon
due notice.
On August 4, 1941, the Regional Director issued a notice of hearing,
copies of which were duly served upon the Company and the Union.
Pursuant to notice, a hearing was held on August 8, 1941, at Pittsburgh,
Pennsylvania, before Harry Brownstein, the Trial Examiner duly
designated by the Chief Trial Examiner. The Company and the
Union appeared by their representatives and participated in the hear-
ing. Full opportunity to be heard, to examine and cross-examine
witnesses, and to introduce evidence bearing on the issues was afforded
all parties. During the course of the hearing the Trial Examiner
made several rulings, concerning 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
1. THE BUSINESS OF THE COMPANY
Rosedale Foundry & Machine Company, a Pennsylvania corpora-
tion having its plant and principal place of business at Pittsburgh,
Pennsylvania, is engaged in the manufacture of iron castings. During
the year 1940 the Company purchased raw materials valued at approx-
imately $123,000, of which about 16 per cent was secured from sources
outside the Commonwealth of Pennsylvania. During the same year
the Company sold finished products amounting in value to approxi-
mately $383,000. Approximately one-third of this revenue was de-
rived from sales and shipments to points outside Pennsylvania.
The Company employs approximately 128 employees.
II. THE ORGANIZATION INVOLVED
International Molders and Foundry Workers, Local Union 46, is
a labor organization affiliated with the American Federation of Labor,
admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
In the latter part of June 1941 the Union requested that the Com-
pany bargain with it as the exclusive representative of certain of the
Company's employees. The Company refused to recognize the Union
until it had been certified by the Board as bargaining agent.
ROSEDALE FOUNDRY & MACHINE COMPANY 3
From a report prepared by the Regional Director, and submitted in
evidence at the hearing, it appears that the Union represents a sub-
stantial number of the Company's employees.'
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 Company's plant has two main divisions, a foundry and a ma-
chine shop. The Union claims in general that employees working in
the foundry constitute a unit appropriate for the purposes of collective
bargaining, but that machinists should not be included in such unit.2
The Company did not contest the Union's claim, and at the hearing
signified its full assent to specific limitations to the appropriate unit
urged by the Union. We shall adopt the agreement reached at the
hearing.
We find that molders, molders' helpers, coremakers, foundry-cupola
laborers, chippers, grinders, cranemen, and general laborers in the
foundry of the Company, excluding watchmen, patternmakers, the
shipper, the electrician, carpenters, machine-shop laborers, the machine
shop timekeeper, machinists, machinist apprentices, machine-
shop cranemen, truck drivers, clerks, the plant superintendent, fore-
men and other supervisory employees, and John L. Rich,3 constitute
a unit appropriate for the purposes of collective bargaining. We
further find that said 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.
The Regional Director reported that the Union submitted 60 dues record cards, all but
7 of which were dated in the months of June and July 1941. Fifty-six of the signatures
affixed to the cards appeared to the Regional Director to be genuine original signatures of
persons whose names appear on the Company's pay roll of July 17, 1941. There are
approximately 86 employees in the unit below found to be appropriate
I It was established at the hearing that the work of machinists is entirely different from
that of. employees in the foundry and that there is no interchange of employees between
the two divisions The Union does not admit machinists to membership, but stated at the
hearing that they are eligible to membership in another labor organization through which
they may exercise their rights under the Act The record does not reveal that there has
been any history of collective bargaining in the Company's plant.
s Rich is included on the Company's pay roll in the list of foundry-cupola laborers who,
as above found, are in the appropriate unit. The Company and the Union agreed, however,
to his exclusion therefrom on the ground that he is a metallurgist.
451270-42-vol. 35-2
14
DECISIONS OF NATIONAL LABOR RELATIONS BOARD
VI. THE DETERMINATION OF REPRESENTATIVES
We find that the question which has arisen concerning representa-
tion can best be resolved by, and we shall accordingly direct, an elec-
tion by secret ballot. The Union requests that those eligible to vote
in such election shall be determined on the basis of the Company's
pay roll of July 17, 1941. The Company desires the use of a more
recent pay roll for the determination of eligibility. No reason ap-
pears for departing from our usual practice, and accordingly we
shall direct that the employees of the Company eligible to vote in
the election shall be those in the appropriate unit who were employed
during the pay-roll period immediately preceding the Direction of
Election herein, subject to such limitations and additions as are set
forth in the Direction.
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 rep-
resentation of employees of Rosedale Machine & Foundry Company,
Pittsburgh, Pennsylvania, within the meaning of Section 9 (c) and
Section 2 (6) and (7) of the National Labor Relations Act.
2. The molders, molders' helpers, coremakers, foundry-cupola la-
borers, chippers, grinders, cranemen, and general laborers in the
foundry of the Company, excluding watchmen, patternmakers, the
shipper, the electrician, carpenters, machine-shop laborers, the ma-
chine-shop timekeeper, machinists, machinist apprentices, machine-
shop cranemen, truck drivers, clerks, the plant superintendent, fore-
men and other supervisory employees, and John L. Rich, constitute
a unit appropriate 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, and pursuant to Article III, Section 8, of National Labor
Relations Board Rules and Regulations-Series 2, as amended, it
is hereby
DIRECTED that, as part of the investigation ordered by the Board
to ascertain representatives for the purposes of collective bargain-
ing with Rosedale Machine & Foundry Company, Pittsburgh, Penn-
sylvania, 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 Direc-
ROSEDALE FOUNDRY & MACHINE COMPANY e^
for for the Sixth Region, acting in this matter as agent for the-
National Labor Relations Board and subject to Article III, Sec-
tion 9, of said Rules and Regulations, among the molders, molders'
helpers, coremakers, foundry-cupola laborers, shippers, grinders,
cranemen, and general laborers in the foundry who were employed
by the Company during the pay-roll period immediately preceding
the date of this Direction of Election, including those who did not
work during such pay-roll period because they were ill or on vaca-
tion or in the active military service or training of the United States
or temporarily laid off, but excluding watchmen, patternmakers, the
shipper, the electrician, carpenters, machine-shop laborers, the ma-
chine-shop timekeeper, machinists, machinist apprentices, machine-'
shop cranemen, truck drivers, clerks, the plant superintendent, fore-
men and other supervisory employees, John L. Rich, and those who
have since quit or been discharged for cause, to determine whether
or not they desire to be represented for the purposes of collective bar-
gaining by International Molders and Foundry Workers, Local
Union 46, affiliated with the A. F. of L.
[ SAME TITLE]
CERTIFICATION OF REPRESENTATIVES
September 24, 1941
On August 27, 1941, the National Labor Relations Board issued a
Decision and Direction of Election in the above-entitled proceeding.
Pursuant to the Direction of Election an election by secret ballot was
conducted on September 8, 1941, under the direction and supervision
of the Regional Director for the Sixth Region (Pittsburgh, Pennsyl-
vania). On September 10, 1941, the Regional Director, acting pursu-
ant to Article III, Section 9 of National Labor Relations Board Rules
and Regulations-Series 2, as amended, issued and duly served upon
the parties an Election Report. No objections to the conduct of the
ballot or the Election Report have been filed by any of the parties.
As to the balloting and the results thereof, the Regional Director
reported as follows :
Total number eligible to vote_______________________________ 85
Total number of ballots cast ------------------- ---------- 80
Total number of valid ballots_______________________________ 77
Total number of votes in favor of International Molders and
Foundry Workers, Local Union 46, affiliated with A. F L__ 49
Total number of votes against International Molders and
Foundry Workers, Local Union 46, affiliated with A. F. L__ - 28
Total number of blank votes _______________________________ 0
Total number of void ballots________________________________ 3
Total number of challenged ballots___ ______________________ 0
6 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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, Sections 8 and 9
of National Labor Relations Board Rules and Regulations-Series 2,
as amended,
IT IS HEREBY CERTIFIED that International Molders and Foundry
Workers, Local Union 46, affiliated with the A. F. of L., has been
designated and selected by a majority of the molders, molders' helpers,
coremakers, foundry-cupola laborers, chippers, grinders, cranemen,
and general laborers in the foundry of Rosedale Foundry & Machine
Company, Pittsburgh, Pennsylvania, excluding watchmen, pattern-
makers, the shipper, the electrician, carpenters, machine-shop laborers,
the machine-shop timekeeper, machinists, machinist apprentices,
machine-shop cranemen, truck drivers, clerks, the plant superintend-
ent, foremen and other supervisory employees, and John L. Rich, as
their representative for the purposes of collective bargaining, and
that pursuant to Section 9 (a) of the Act, International Molders and
Foundry Workers, Local Union 46, affiliated with the A. F. of L. is
the exclusive representative of all such employees for the purposes of
collective bargaining in respect to rates of pay, wages, hours of
employment, and other conditions of employment.
35 N L. R. B., No. la