Spring City Foundry

National Labor Relations Board - Board Decisions

Jan 27, 1939

10 N.L.R.B. 1451 (N.L.R.B. 1939)

In the Matter Of SPRING CITY FOUNDRY and FOUNDRY WORKERS UNION
OF WAUKESHA
Case No. R-1160.-Decided January 27, 1939
Metal Castings Manufacturing Industry-Investigation of Representatives:
question concerning representation of employees : employer refuses to recognize
petitioning or intervening union until certification ; stipulated-Unit Appropriate
for Collective Bargaining : production employees , exclusive of supervisory and
clerical employees ; stipulated-Representatives : eligibility to participate in
choice : stipulated-Election Ordered: only intervening union to appear on ballot ;
stipulated.
Mr. William R. Consedine, for the Board.
Wood, Warner cC Tyrrell, by Mr. Edward N. Wood, of Milwaukee,
Wis., for the Company.
Mr. George Kiebler, of Milwaukee, Wis., for the U. A. W. A.
Mr. Milton E. Harris, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On May 3, 1938, Foundry Workers Union of Waukesha, herein
called the F. W. U. W., filed with the Regional Director for the
Twelfth Region (Milwaukee, Wisconsin) a petition alleging that a
question affecting commerce had arisen concerning the representa-
tion of employees of Spring City Foundry Company,' Waukesha,
Wisconsin, herein called the Company, and requesting an investiga-
tion and certification of representatives pursuant to Section'9 (c) of
the National Labor Relations Act, 49 Stat. 449, herein called the
Act. On December 6, 1938, 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 1, as amended, ordered an investiga-
tion and authorized the Regional Director to conduct it and to pro-
vide for an appropriate hearing upon due notice.
On December 12, 1938, the Regional Director issued a notice of
hearing, copies of which were duly served upon the Company, upon
' The Company was incorrectly designated in the petition and certain other pleadings.
10 N. L. R. B., No. 131.
1451
1452 NATIONAL LABOR RELATIONS BOARD
the F. W. U. W., and upon International Union, United Automobile
Workers of America, Local No. 573, herein called the U. A. W. A.,
a labor organization claiming to represent employees directly af-
fected by the investigation. Pursuant to notice, a hearing was held
on December 19, 1938, at Milwaukee, Wisconsin, before William R.
Ringer, the Trial Examiner duly designated by the Board. The
Board, the Company, and the U. A. W. A. were represented by
counsel and participated in the hearing. Full opportunity to be
heard, to examine and cross-examine witnesses, and to introduce evi-
dence bearing on the issues was afforded all parties. David Beznor,
attorney for the F. W. U. W., appeared as a witness and testified
that the F. W. U. W. did not wish to appear, and waived any and
all objections to any order or orders which might be made by the
Trial Examiner or by the National Labor Relations Board based
upon any evidence submitted before the Trial Examiner at the hear-
ing. 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 Exam-
iner 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
The Company is a Wisconsin corporation with its plant and place
of business in Waukesha, Wisconsin. It is engaged in the produc-
tion and sale of gray iron castings. During the calendar year 1937,
the Company purchased approximately 26,510 tons of raw materials,
of which about 49.8 per cent were shipped to its plant from outside
the State of Wisconsin. The total sales of the Company for the cal-
endar year 1937 amounted to approximately $1,240,000, of which
about 12.4 per cent were shipped from the plant to points outside
the State of Wisconsin. The Company employs approximately 130
employees.
II. THE ORGANIZATIONS INVOLVED
Foundry Workers Union of Waukesha is an unaffiliated labor or-
ganization, admitting to its membership all the production employees
of the Company except supervisory and clerical employees.
International Union, United Automobile Workers of America,
Local No. 573, is a labor organization affiliated with the Congress of
Industrial Organizations, admitting to its membership all the pro-
duction employees of the Company except supervisory and clerical
'employees.
DECISIONS AND ORDERS
III. THE QUESTION CONCERNING REPRESENTATION
1453
On January 21, 1938, the U. A. W. A. demanded that the Company
bargain with it as the sole bargaining agent for all the Company's
production employees , exclusive of supervisory and clerical employ-
ees. The Company refused to recognize the U. A. W. A. until it was
certified by the Board. A similar demand was made on the Com-
pany by the F. W. U. W. on April 19, 1938, but the Company like-
wise refused to recognize the F. W. U. W. until it was certified by the
Board.
We find that a question has arisen concerning representation of em-
ployees 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 com-
merce and the free flow of commerce.
V. THE APPROPRIATE UNIT
The Company, the F. W. U. W. and the U. A. W. A. stipulated
that the production employees of the Company , exclusive of super-
visory and clerical employees , constitute a unit appropriate for the-
purposes of collective bargaining , within the meaning of Section
9 (b) of the National Labor Relations Act.' We see no reason for
departing from this stipulation as to the appropriate unit.
We find, therefore , that the production employees of the Com-
pany, excluding supervisory " and clerical employees , constitute a unit
appropriate for the purposes of collective bargaining and that said
unit will assure to said employees of the Company the full benefit of
their right to self-organization and to collective bargaining and will
otherwise effectuate the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
No showing was made that either union represents a majority
within the unit which we have found to be appropriate . Under the
circumstances, an election by secret ballot is necessary to resolve the
question concerning representation which has arisen. The parties
stipulated that the election should be conducted among all the produc-
tion employees of the Company who were in the Company 's employ
during the pay-roll period next preceding December 16, 1938, exclu-
sive of supervisory and clerical employees ; and in addition , such pro-
1454 NATIONAL LABOR RELATIONS BOARD
duction employees, exclusive of supervisory and clerical employees,
who were in the employ of the Company during the pay-roll period
next preceding November 1, 1937, and who on that date had ac-
cumulated at least 6 months' seniority rights with the Company, to
determine whether or not such employees desire to be represented by
the U. A. W. A. for the purposes of collective bargaining. We see no
reason to depart from the wishes of the parties and shall adopt them.
Upon the basis of the above findings of fact and upon the entire
record in the proceeding, the Board makes the following :
CONCLUSIONS OF LAW
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of Spring City Foundry Company, Waukesha,
Wisconsin, within the meaning of Section 9 (c) and Section 2 (6)
and (7) of the National Labor Relations Act.
2. The production employees of the Company, excluding super-
visory and clerical employees, 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
a
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 1, as amended, it is
hereby
DIRECTED that, as part of the investigation authorized by the
Board to ascertain representatives for the purposes of collective bar-
gaining at the Spring City Foundry Company, Waukesha, Wiscon-
sin, an election by secret ballot shall be conducted within fifteen (15)
days from the date of this Direction, under the direction and super-
vision of the Regional Director for the Twelfth 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
the production employees of Spring City Foundry Company, exclu-
sive of supervisory and clerical employees, who were employed dur-
ing the pay-roll period next preceding December 16, 1938, excluding
those who have since quit or been discharged for cause, and in addi-
tion those (exclusive of supervisory and clerical employees) who were
employed during the pay-roll period next preceding November 1, 1937,
and who on that date had accumulated at least 6 months' seniority
rights with the Company, to determine whether or not they desire to
be represented by International Union, United Automobile Workers
of America, Local No. 573, for the purposes of collective bargaining.