Standard Forgings Corp.

National Labor Relations Board - Board Decisions

Aug 26, 1940

26 N.L.R.B. 1339 (N.L.R.B. 1940)

In the Matter Of STANDARD FORGINGS CORPORATION and LODGE 1720,
AMALGAMATED ASSOCIATION OF IRON, STEEL & TIN WORKERS OF
NORTH AMERICA, S. W. O. C., C. I. O.
In the Matter Of STANDARD FORGINGS CORPORATION and INTER-
NATIONAL ASSOCIATION OF MACHINISTS, (A. F. OF L.)
Cases Nos. R-1958 and R-1959.-Decided August 26, 1940
Jurisidiction : forging manufacturing industry.
Investigation and Certification of Representatives : existence of question: refusal
to accord recognition to union; conflicting claims of rival representatives;
elections necessary.
Unit Appropriate for Collective Bargaining : entire plant as a single unit or (1)
employees classed under the generic term "machinists" and (2) forge-department
employees and all other production and maintenance employees, excepting
machinist, as separate units; with other factors evenly balanced, determining
factor is desire of employees; determination of unit dependent upon elections.
Practice and Procedure
Although Board has previously dismissed representation proceedings
where two unions subject to discipline by the same parent body have dis-
agreed over the extent of their jurisdiction,_ here held, where one of the com-
peting unions is chartered by and subservient to the other, although both are
affiliated with the same parent body, that the desires of the chartering union
should prevail, and that the subservient union may not properly participate
in an election where the employees over, which it claims jurisdiction are also
within the jurisdiction of the superior union.
McAleer, Dorsey, Travis, and Young, by Mr. Raymond B. Young,
of Hammond, Ind., for the Company.
Mr. John J. Brownlee, of Chicago, Ill., for the Amalgamated.
Mr. J. W. Ramsey, of Rockford, Ill., for the Machinists.
Mr. A. J. Eberhardy, of Rockford, Ill., for the Brotherhood.-
Mr. J. G. Meiner, of Cleveland, Ohio, for the Die Sinkers.
Mr. Bonnell Phillips, of counsel to the Board.
DECISION'
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
On March 20, 1940, Lodge 1720, Amalgamated Association of
Iron, Steel & Tin Workers of North America, herein called the Amal-
26 N. L. R. B., No. 122.
1339
1340 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
gamated, through Steel Workers Organizing Committee, C. I. 0.,
and. on April 19, 1940, International Association of Machinists,
A. F. of L., herein called the I. A. M., filed with the Regional Director
for the Thirteenth Region (Chicago, Illinois), two separate petitions,
each alleging that a question affecting commerce had arisen. con-
cerning the representation of employees- of Standard Forgings Cor-
poration, Chicago, Illinois, herein called the Company, at its East
Chicago, Indiana, plant,. and each requesting an investigation and
certification of representatives pursuant to Section 9 (c) of the National
Labor Relations Act, 49 Stat. 449, herein called the Act. On June 10,
1940, 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,
as amended, ordered an investigation in each case and authorized the
Regional Director to conduct it and to provide for an appropriate hear-
ing upon due notice; and, pursuant to Article III, Section 10 (c) (2)
of said Rules and Regulations, ordered that the two cases be con-
solidated.
On June.12, .1940, the Regional Director issued a notice of. hearing
in the consolidated cases, copies of which were duly served, upon the
Company, the Amalgamated, the I. A. M., and upon Chicago Die
Sinkers Lodge #1512, of the International Association of Machinists,
herein called'the Die Sinkers..
Pursuant to notice, a hearing was begun at East Chicago, Indiana,
on July 10, 19,40, before Robert Rissman, the Trial Examiner duly
designated by the Board. Following an adjournment granted. at the
request of counsel for the I. A. ' M.; the hearing was resumed and
terminated-on July 24, 1940. In the course of the hearing, the Trial
Examiner granted the motions to intervene respectively of the .Die
Sinkers and of International Brotherhood of Blacksmiths, Drop
Forgers and Helpers, A. F. of L., herein called the Brotherhood. -All
parties were. represented by counselor by union officers and partici-
pated in the hearing. , 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 a number of rulings on motions and on objections
to 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
Standard Forgings Corporation, a Delaware corporation, is engaged
in the manufacture of railroad, tractor, automobile, and miscellaneous
STANDARD FORGINGS CORPORATION 1341
forgings at East Chicago, Indiana. The Company's principal office
is in Chicago, Illinois, and it maintains sales offices in many of the
principal cities in the United States. The principal raw materials
used by the Company in the manufacture of its products are steel,
coal, fire brick, fuel oil, and acid. Of these, fire brick in the amount
of 90,000 pieces, and fuel oil in the amount of 1,625,272 gallons were
purchased by the Company from points outside the State of Indiana
during the year beginning April 1, 1939 and ending March 31, 1940.
During the same period, the Company sold and shipped to points
outside Indiana 17,350 net tons of railroad forgings, 10,241 net tons
of tractor forgings, 8,220 net tons of automobile forgings, and 1,976
net tons of miscellaneous forgings.
Approximately 539 production and maintenance workers were
employed by the Company at the time of the hearing.
II. THE ORGANIZATIONS INVOLVED
Lodge 1720, Amalgamated Association of Iron, Steel & Tin Workers
of North America, is a labor organization affiliated, through the Steel
Workers Organizing Committee, with the Congress of Industrial
Organizations. It admits to membership production and mainten-
ance employees of the Company.
International Association of Machinists is a labor organization,
affiliated with the American Federation of Labor. It admits to mem-
bership production and maintenance employees in certain departments
of the Company. .
Lodge #1512, Chicago Die Sinkers, is a labor organization chartered
by the International Association of Machinists, which, in turn, is
affiliated with the American Federation of Labor. It admits to mem-
bership die sinkers employed by the Company..
. International Brotherhood of Blacksmiths, Drop Forgers and
Helpers is a labor organization affiliated with the American Federation
of Labor. It admits to membership production and maintenance em-
ployees in certain departments of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The .Amalgamated and the I. A. M. have requested that they be
recognized as the exclusive bargaining -representative of employees
within units which they claim are appropriate for collective bargaining
purposes. The Company, while signifying its willingness to bargain
with these organizations as the representatives of their respective
memberships in the plant, has refused to grant to them the exclusive
recognition which they desire.
There was introduced in evidence a report of the Regional Director
showing that the Amalgamated represents a substantial number of
1342 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Company employees. At the hearing the I. A. M. submitted to the
Trial Examiner an affidavit listing the names of Company employees
who hold membership in that organization. By comparison with a
Company pay roll the Trial Examiner determined that the names
listed in the affidavit represent a substantial number of the employees
in the unit which the I. A; M. alleges is appropriate for the purposes
of collective bargaining.
We find that a question has arisen concerning representation of the
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
All the organizations involved desire to represent certain groups
of production and maintenance workers at' the Company's East
Chicago, Indiana, plant, and all agree that the Company's super-
visors, clerical employees, watchmen, and janitors' should be ex-
cluded from the units which they claim are appropriate for collective
bargaining purposes. The Company has taken no position in regard
to these employees. We shall exclude supervisors, clerical employees,
watchmen, and janitors from the elections which we shall direct..
The Amalgamated claims as an appropriate unit all production
and maintenance employees of the Company. The I. A. M., however,
has petitioned for recognition as the bargaining agent of "all produc-
tion and maintenance employees employed in the departments known
as the general machine shop, small machine shop; die turning depart-
ment, die sinking department, sheet metal department, axle cutting
department, axle turning department, and axle shed." The employees
in the above-named departments constitute, so far as the record dis-
closes, substantially all the employees who could normally be classed
under the generic term "machinists." They. could constitute a unit
appropriate for collective bargaining purposes, and we shall therefore
permit them to indicate by vote whether they wish to be represented
I It was shown at the hearing that the two janitors employed by the Company are engaged in cleaning and
caring for the plant 's executive offices and locker rooms. The Amalgamated , the I . A: M., and the Brother-
hood all moved to amend their respective petitions and motion of intervention to exclude janitors and
watchmen from the alleged appropriate units.
STANDARD FORGINGS CORPORATION 1343
as a separate unit or as part of the plant-wide unit proposed by the
Amalgamated?
The Brotherhood, in its petition of intervention, claims as an
appropriate unit "all men employed by the company in its forge
departments, and all other factory employees . . . excluding those
employees regularly employed in the departments known as general
machine shop, small machine shop, die turning department, die sink-
ing department, sheet metal department, axle cutting department,
axle turning department, and axle shed." It will be noted that the
Brotherhood, under this definition, desires to represent all production
and maintenance employees of the Company except those in the unit
which the I. A. M. has alleged is appropriate.'
Counsel for the Amalgamated, which also desires to represent
such employees as a part of an industrial unit, stated at the hearing
that unless the Board should find that the industrial unit is the sole
appropriate unit in the plant, the Amalgamated would not oppose a
separate election among these employees. Since, as we have before
indicated, the Company's machinists may properly constitute a
separate collective bargaining unit, we shall direct that a separate
election be held among the Company's forge-department employees
and all other production and maintenance employees, excepting those
employed in the various departments named in the I. A. M. petition,
to determine whether they desire to be represented by the Brotherhood
or by the Amalgamated.
. The Die Sinkers claims as an appropriate unit all die sinkers em-
ployed by the Company. The I. A. M., however, also desires to
represent these employees in the inclusive machinists' unit and,
consequently, have opposed the Die Sinkers' motion for the separate
investigation and certification of bargaining representatives for the
Company's die sinkers. We have before dismissed proceedings
wherein two unions subject to discipline by the same parent body have
disagreed over the extent of their jurisdiction.4 It will-be noted,
however, that although the Die Sinkers and the I. A. M. are both
affiliated with the American Federation of Labor, the Die Sinkers is
chartered by and is subordinate to the International Association of
2 Matter of The Globe Machine and Stamping Co., and Metal Polishers Union , Local No. 8, et of., 3 N. L.
R. B. 294, and subsequent cases.
3 As before stated, all the organizations involved desire the exclusion of supervisors , clerical employees,
watchmen , and janitors , and we have above found that these employees should not be permitted to partici-
pate in the elections which we shall direct.
Ztfatter of Aluminum Company of America and Aluminum Workers Union , No. 19104, 1 N. L. R. B. 530;
Matter of Axton-Fisher Tobacco Company and International Association of Machinists, Local No. 681, and
Tobacco Workers International Union, Local No. 16, 1 N. L. It. B. 604; Matter of Showers Bros . Furniture
Company and The Upholsterers , Furniture , Carpet and Awning Workers , Linoleum Workers Union, Local
No. 184, 4 N. L. R. B. 585; Matter of Curtis Bay Towing Company and Marine Engineers Beneficial Associa-
tion No . 5, 4 N. L. R. B. 360 . But cf . Matter of Long-Bell Lumber Company and International Association of
Machinists Local No, 1850, of al., 16 N. L. R. B., 892.
1344 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Machinists.' Since the I. A. M. desires to include within the unit
which it claims is appropriate the Company's die sinkers, and since
the I. A. M. has opposed the motion of the Die Sinkers for separate
certification as a bargaining unit, we are of the opinion that the Die
Sinkers cannot properly be accorded a separate election.
We shall, therefore, direct one election among the production and
maintenance employees in the departments known as the general
machine shop, small machine shop, die turning department, die sink-
ing department, sheet metal department, axle cutting department,
axle turning department, and axle shed to- determine whether they
desire to be represented for the purposes of collective bargaining
by the I. A. M., by the Amalgamated, or by neither, and another
election among the forge-department employees and all other produc-
tion and maintenance employees excepting those employed in the
above-named machinists' departments to determine whether they
desire to be represented for the purposes of collective bargaining by
the Brotherhood, by the Amalgamated, or by neither. In the event
that the Amalgamated receives a majority of the votes cast in each
election the production and maintenance employees in the entire plant
will constitute a single appropriate unit and we shall certify the
Amalgamated as the exclusive representative thereof. In the event
that each election results in a majority choice of different organiza-
tions, we shall certify each of the organizations so chosen as the bar-
gaining representative of the separate appropriate unit in which it
achieved a majority.
VI. THE DETERMINATION OF REPRESENTATIVES
As before stated, we shall direct two separate elections among the
employees of the Company to determine their respective bargaining
agents and we shall await the outcome of these elections before making
a determination of representatives.
All parties agree and we shall direct that the employees within the
respective election units whose names appear on the Company's
pay roll immediately preceding this Decision and Direction of Elec-
tions, including those who did not work during such pay-roll period
because they were ill or on vacation or those who were then or have
since been temporarily laid off, but excluding those who have since,
quit or been discharged for cause, shall be eligible to vote.
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following:
A See Section II, infra.
STANDARD 'ORU`INOS CORPORATION 1345
CONCLUSIONS OF LAW
A question affecting commerce has arisen concerning the repre-
sentation of employees of Standard Forgings Corporation, Chicago,
Illinois, within the meaning of Section 9 (c) and' Section 2 (6) and (7)
of the National Labor Relations Act.
DIRECTION OF ELECTIONS
By virtue of and pursuant to the power vested in the National Labor
Relations Board by Section 9 (c) of the National Labor Relations 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 bargaining
with Standard Forgings Corporation, Chicago, Illinois, at its East
Chicago, Indiana, plant, elections 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, Section
9, of said Rules and Regulations,
(1) Among the production and maintenance employees employed in
the departments of the plant known as general machine shop, small
machine shop, die turning department, die sinking department, sheet
metal department, axle cutting department, axle turning department,
and axle shed, whose names appear on the Company's pay roll im-
mediately proceding this Direction of Elections, excluding supervisors,
clerical employees, janitors, and watchmen, and those employees who
have since quit or been discharged for cause, but including those who
were ill, on vacation, or temporarily laid off, to determine whether
they desire to be represented for the purposes of collective bargaining
by Amalgamated Association of Iron, Steel & Tin Workers of North
America, S. W. O. C., C. I. 0., by International Association of Ma-
chinists, A. F. of L., or by neither; and
(2) Among all the remaining production and maintenance em-
ployees whose names appear on the Company's pay roll immediately
preceding this Direction of Elections, excluding supervisors, clerical
employees, janitors, and watchmen, and those employees who have
since quit or been discharged for cause, but including those who are
ill, on vacation, or temporarily laid off, to determine whether they
desire to be represented for the purposes of collective bargaining by
Amalgamated Association of Iron, Steel & Tin Workers of North
America, S. W. O. C., C. I. 0., by International Brotherhood of Black-
smiths, Drop Forgers and Helpers, A. F. of L., or by neither.
1346 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
MR. EDWIN S. SMITH, concurring in part and dissenting in part:
I would concur in dismissing the Die Sinkers' request for a separate
election on the grounds given in the majority opinion. For the
reasons expressed in other dissenting statements,' and in the absence
of any previous history of collective bargaining on behalf of the craft
groups, other than the Die Sinkers, here seeking separate representa-
tion, I would find appropriate the larger industrial unit of employees.
6 See, for example , Matter of Allis- Chalmers Manufacturing Company and International Union, United
Automobile Workers of America, Local 248, 4 N. L . R. B. 159, 175.