Standard Forgings Corp.

National Labor Relations Board - Board Decisions

Apr 18, 1941

31 N.L.R.B. 61 (N.L.R.B. 1941)

In the Matter of STANDARD FORGINGS CORPORATION and LOCAL UNION
No. 1720, STEEL WORKERS ORGANIZING COMMITTEE, C. I. 0.1
In the Matter of STANDARD FORGINGS CORPORATION and INTERNATIONAL
ASSOCIATION -OF MACHINISTS (A. F.,OF L.)
Cases Nos. R-1958 and R-1959
THIRD SUPPLEMENTAL DECISION
SECOND DIRECTION OF ELECTION
AND
AMENDED CERTIFICATION OF REPRESENTATIVES
April 18,1941.
On August 26, 1940, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Elections 2 in
these proceedings.3 The Board therein stated that a determination of
the appropriate unit or units would depend in part upon the results of
elections held (1) among the.machinists employed by the Company 4
to determine whether they desired to be represented by the S. W. O. C.,
by International Association of Machinists (A. F. of L.), herein called
the I. A. M., or by neither; and (2) among the remaining production
and maintenance employees of the Company to determine whether they
desired to be represented by the S. W. O. C., by International Brother-
hood of Blacksmiths, Drop Forgers and Helpers, A. F. of L., or by
' Formerly Lodge 1720 , Amalgamated Association of Iron, Steel & Tin Workers of North
America, S W. O. C. See footnote 3. -
2 26 N. L. R. B , No. 122.
8 The petition in Case No R-1958 was filed by Lodge 1720, Amalgamated Association of
,,on, Steel & Tin Workers of North America , S. W. O. C, C. I. O. On February 25, 1941,
the Board , upon motion duly filed by Lodges of the Amalgamated Association of Iron, Steel
and Tin Workers of North America and Steel Workers ' Organizing Committee to amend the
caption and records in this proceeding by substituting the name Local Union No. 1720,
Steel Workers Organizing Committee , herein called the S. W. O. C., for that of the peti-
tioner, issued its order to show cause , on or before March 8, 1941 , why said motion should
not be granted . No objections having been filed, the motion is hereby granted.
I The generic term "machinists " as employed in the Board 's original Decision and as now
used, designates the employees employed in the following departments of the Company's
plant: general machine shop , small machine shop, die -turning department , die-sinking de-
partment , sheet -metal department , axle-cutting department , axle-turning department and
axle shed.
31 N. L. R. B., No. 16.
61
62 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
neither.6 At the same time the Board denied a motion filed at the
hearing held prior to issuance of the Decision and Direction of Elec-
tions by Chicago Die Sinkers Lodge No. 1512 of the I. A. M., herein
called Lodge No. 1512, for a separate investigation and certification of
bargaining representatives for the Company's die sinkers, a class of em-
ployees over whom the I. A. M. claimed jurisdiction as a part of the
machinist trade. In its decision a majority of the Board found, as the
I. A. M. urged, that all classes of machinists employed by the Company,
including the die sinkers, could constitute a unit appropriate for
collective' bargaining. Having so found, the Board stated :
The Die Sinkers [Lodge No. 1512] claims-as an appropriate unit
all die sinkers employed by the Company. The I. A. M., however,
also desires to represent these employees in the inclusive machin-
ists' unit and, consequently, has opposed [Lodge No. 1512's] motion
for the separate investigation and certification of bargaining rep-
resentatives, for the Company's die sinkers. We have before
missed, proceedings wherein two unions subject to discipline by the
same parent body have disagreed over the extent of their jurisdic-
tion. It will be noted, however, that [Lodge No. 1512] is chartered
by and is subordinate to the I. A. M. Since the I. A. M. has op-
posed the motion of [Lodge No. 1512] for separate certification as
a bargaining agent, we are of the opinion that [Lodge No. 1512]
cannot properly be accorded a separate election.
Pursuant to the Direction of Elections, two elections were conducted
on September 25, 1940, under the direction and supervision of the Re-
gional Director for the Thirteenth Region (Chicago, Illinois). On
October 2, 1940, the Regional Director, acting pursuant 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 recommending, inter alia, that a determination of
representatives be deferred pending a ruling on certain challenged
ballots in the machinist election which might affect the outcome of that
election. The Regional Director further recommended, in accordance
with the Board's decision,6 that the S. W. O. C., having won the elec-
tion held among employees other than machinists, be certified as the
bargaining' representative of all company employees in the event the
results of the machinist election showed, after a ruling on the chal-
In the Decision and Direction of Elections the Board stated : "In the 'event that the
Amalgamated [the S. W. 0 C.] receives a majority of the votes cast in each election, the
production and maintenance employees in the entire plant will constitute a single appro-
priate unit and we shall certify [the S. W O. C ] as the exclusive representative thereof.
In the event that each election results in a majority choice of different organizations, we
shall certify each of the organizations so chosen as the bargaining representative of the
separate appropriate unit in which it achieved a majority.
e See footnote 5, supra.
STANDARD FORGINGS CORPORATION 63
lenged ballots, that the S. W. O. C. had received a majority of the valid
ballots cast therein. Similarly ' the Regional Director recommended
that the I. A. M. be certified as the representative of all machinists,
including die sinkers, in the alternative event that the I. A. M. had
received a majority of valid ballots, after a counting of challenged
ballots subsequently held valid, cast in the machinist election 7
To the above recommendations of the Regional Director, Chicago Die
Sinkers Lodge No. 100, herein called Lodge No. 100, duly filed objec-
tions," alleging, inter alia, that Chicago Die Sinkers Lodge No. 100
"are no longer members of the International Association of Machinists,
or affiliated with the A. F. of L.," further that the Company's die
sinkers, being 19 in number, constitute "a highly skilled unit in a sep-
arate department," and one for which the "Union" has been the recog-
nized bargaining agent "in the past three years." - Lodge No. 100 ac-
cordingly requested that no certification be made of any bargaining
representative for the Company's die sinkers other than Chicago Die
Sinkers Lodge No. 100, and that the record be reopened for the purpose
of receiving additional evidence on the foregoing allegations.
It'appearing to the Board that Lodge No. 100 was the successor to
Lodge No. 1512, the intervenor in these proceedings, the Board in a
Second Supplemental Decision, Certification of Representatives and
Order,9 issued January 31, 1941, ordered that the record be reopened
and that a further hearing beheld for the purpose of taking testimony
concerning the present affiliation of Lodge No. 100 and upon the further
issue of whether the Company's die sinkers could constitute a separate
appropriate unit.
Pursuant to notice duly served upon the parties, a further hearing
was held on February 20, 1941, before Edward Grandison Smith, the
Trial Examiner duly designated by the Chief Trial Examiner. All
parties to the original hearing with the exception of International
Brotherhood of Blacksmiths, Drop Forgers, and Helpers, A. F. of L.,
were represented by counsel or by union officers and participated 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. No objections to the introduction of evidence and no ex-
ceptions to rulings of the Trial Examiner were made at the hearing.
During the course of the hearing Chicago Die Sinkers Lodge No. 100
requested that it be recognized as the successor to Chicago Die Sinkers
' In this event It was recommended, in accordance with the Board's decision, that the
S W 0 C be certified as the representative of the Company's employees other than ma-
chinists See footnote 5, supra.
8 Objections were filed on behalf of "Chicago Die Sinkers Local # 100 " In the record
o8 the reopened hearing herein the terms "Local" and "Lodge" and "No" and "#" were
used interchangeably. we adopt the nomenclature used in the charter issued this organi-
zation by the International Die Sinkers Conference
9 29 N L R. B. 290.
64 DECISIONS OF NATIONAL LABOR RELATIONS, BOARD
Lodge No. 1512 of the I. A. M. Upon uncontroverted evidence that
former members of Lodge No. 1512 had seceded from that organization
and had become members of Chicago Die Sinkers Lodge No. 100, affili-
ated with the International Die Sinkers Conference, itself unaffiliated,
and upon the statement by a Grand Lodge Representative of the
I. A. M. that the charter of Lodge No. 1512 had been revoked, and that
Lodge No. 1512 was no longer in existence, the Trial Examiner granted
the request of Lodge No. 100 that it be recognized as the successor to
Lodge No. 1512 and admitted Lodge No. 100 as "an intervenor and
party to the proceeding." The ruling of the Trial Examiner is hereby
affirmed. The Board has reviewed other rulings by 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 :
SUPPLEMENTAL FINDINGS OF FACT
1. THE ORGANIZATIONS INVOLVED
Local Union No. 1720, Steel Workers Organizing Committee, is a
labor organization affiliated with the Congress of Industrial Organiza-
tions. It 'admits to membership production and maintenance em-
ployees of the Company. It is the successor to Lodge 1720, Amalgam-
ated Association of Iron, Steel & Tin Workers of North America, the
original petitioner in these proceedings.
International Association of Machinists is a labor organization affili-
ated with the American Federation of Labor. It admits to member-
ship production and maintenance employees in certain departments of
the Company.
Chicago Die Sinkers Lodge No. 100 is a labor, organization affiliated.
with the International Die Sinkers Conference, an unaffiliated organi-
zation. It admits to membership die sinkers employed by the Com-
pany. It is the successor to Chicago Die Sinkers Lodge No. 1512 of the
International Association of Machinists, which organization, now
defunct, "was an intervenor in the original proceedings herein.
II. THE APPROPRIATE UNIT
At the original hearing herein, the S. W. O. C. claimed as an appro-
priate unit all production and maintenance employees of the Company.
The I. A. M. urged that all machinists employed by the Company in-
cluding die sinkers constituted an appropriate unit. The International
Brotherhood of Blacksmiths, Drop Forgers and Helpers desired to
represent all employees with the exception of the machinists. In view
of these conflicting claims the majority of the Board directed elections
so as to permit the employees to indicate by vote whether they desired
STANDARD FORGINGS CORPORATION 65
to be represented in separate units by the craft organizations or'ili a
plant-wide unit by the S. W. 0. C.
The results of the election directed by the Board among the pro-
duction and maintenance employees of the Company excluding ma-
chinists showed that the S. W. 0. C. had been designated and selected
by a majority of the employees voting therein as their representative
for collective bargaining purposes. Accordingly, the Board in its
Second Supplemental Decisiom certified the S. W. 0. C. as exclusive
bargaining representative of such employees. This certification was
made, in accordance with the original decision, with a proviso that it
would not "preclude the possibility that the S. W. 0. C. may [later]
be certified as the bargaining agent for a larger unit."
The results of the election among the machinists were reported by
the Regional Director as follows: io
Total number of employees eligible to vote___________________ 122
Total number of ballots cast_______________________________ 120
Total ballots cast for Amalgamated Association of Iron, Steel
Tin Workers of North America, S. W. O. C., C. I 0.11 ----- 59
Total ballots cast for International Association of Machinists,
affiliated with the A. F. of L._____________________________ 40
Total ballots cast for neither______________________________ 2
Total number of ballots cast containing the words "Chicago
Die Sinkers Lodge #100" in substitution for neither -------- 19
Excluding the 19 ballots ostensibly cast by the die sinkers, for whom,
for reasons below stated, other provision is herein made, the results of
the machinist election show that a majority of employees casting valid
ballots therein have designated and selected the S. W. 0. C. as their
collective bargaining representative. Since they have thus indicated
their desire to be represented in a single unit together with the other
production and maintenance employees of the Company, we find that
the production and maintenance employees of the Company including
the employees employed in the departments of the plant known as gen-
eral machine shop, small machine shop, die-turning department, sheet-
metal department, axle-cutting department, axle-turning department
and axle shed; but excluding die sinkers, supervisors, clerical employees,
-janitors, and watchmen, constitute a unit appropriate for the purposes
of collective bargaining and that such 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. Accordingly, we shall amend our previous certification of the
11 The results below set forth include a tally of the ballots challenged at the election but
opened pursuant to the Board ' s Supplemental Decision and Direction (27 N. L R. B.
667 ) following the Regional Director 's Election Report recommending that the challenges
be 'overruled and failure of any of the parties to file objections to this recommendation.
11 Now Local Union No 1720 , Steel Workers Organizing Committee , affiliated with the
C. 1 0. See footnote 3, supra.
66 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
S. W. 0. C. as the representative of the production and maintenance
employees excluding machinists by including among those to be repre-
sented by the S. W. 0. C. all machinists and other production and
maintenance employees, excepting only the Company's die sinkers.
As hereinabove stated, the Board denied the petition of Chicago Die
Sinkers Lodge No. 1512 of the I. A. M. for a separate election with a
view towards the establishment of a unit composed of die sinkers alone.
This exclusion from the ballot was, however, based solely upon the
grounds that a dispute as to the appropriate unit existed between the
I. A. M. and Lodge No. 1512, and that, rather than exclude both or-
ganizations from the ballot, the desires of the I. A. M. should prevail
where the employees, over whom the then subservient Die Sinkers
Lodge claimed jurisdiction were also within the jurisdiction of the
I. A. M. Since Lodge No. 100, the successor to Lodge No. 1512, is not
chartered by or subordinate to the I. A. M., the grounds for this ex-
clusion no longer exist. At the reopened hearing Lodge No. 100 reit-
erated the claim of Lodge No. 1512 that the Company's die sinkers
constitute a separate appropriate unit. It was shown that die sinkers
are a highly skilled branch of-the machinists trade, requiring from 7
to 10 , years apprenticeship. Their rate of pay considerably exceeds
that of the other production and maintenance employees of the Com-
pany. They constitute a separate department in the Company's plant
and work under the direction of a separate foreman. Die sinkers were
the first among the Company's employees to be organized, and a com-
mittee from their department has had successful bargaining negotia-
tions with the Company over a period 'of 3 years. Under these cir-
cumstances we are of the opinion that the die sinkers might properly
constitute a separate bargaining unit. They might equally achieve the
full benefit of their right to self-organization and collective bargaining
in a plant-wide unit. In accordance with our usual practice in such
cases, we hold that the determining factor is the desires of the employees
themselves.
Since the die sinkers have not had valid opportunity to express their
wishes in this matter, we shall direct that an election be held among the
die sinkers to determine whether they desire to be represented for the
purposes of collective bargaining by the S. W. 0. C., by Lodge No. 100,
or by neither. In the event that the S. W. 0. C. receives a majority of
the votes cast in this election the Company's die sinkers together with
all other employees of the Company, excluding supervisors, clerical
employees, janitors and watchmen, will constitute a single appropriate
unit and we shall again amend our certification of the S. IN. 0. C.
accordingly. In the event that Lodge No. 100 receives a majority of
the votes cast in this election, we shall certify it as the exclusive repre-
sentative of the Company's die sinkers in a separate appropriate unit.
STANDARD FORGINGS' CORPORATION
III. TIIE DETERMINATION OF REPRESENTATIVES
67
As above stated, we shall direct an election by secret ballot to deter-
mine whether the die sinkers desire to be represented by the S. W. O. C.,
by Lodge No. 100, or by neither.
Although we shall thus make provision for the appearance of the
S. W. O. C. on the ballot of this election, we have, by the direction of
such an election, denied the claim of that organization that a unit
composed of all production and maintenance employees of the Com-
pany is the sole appropriate unit for collective bargaining purposes.
In view of this fact we will allow the S. W. O. C. to withdraw its name
from the ballot if it so desires by giving notice to the Regional Director
within five (5) days from the date of this Direction of Election. In
the event of such notice the die sinkers will decide by vote whether or
not they desire to be represented for collective bargaining purposes by
Lodge No. 100.
We find that the die sinkers of the Company eligible to vote in the
election shall be those-who were employed during the pay-roll period
immediately preceding the date of this Direction of Election, 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 :
SUPPLEMENTAL CONCLUSION OF LAW
The production and maintenance employees of the Company, in-
cluding the employees employed in the departments of the plant known
as general machine shop, small machine shop, die-turning department,
sheet-metal department, axle-cutting department, axle-turning de-
partment, and axle shed, but excluding die sinkers, supervisors, clerical
employees, janitors, and watchmen, 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 Relations Act,
49 Stat. 449, 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 authorized by the Board
to ascertain representatives for the purposes of collective bargaining
with Standard Forgings Corporation, East Chicago, Indiana, an elec-
tion by secret ballot shall be conducted as early as possible but not later
than thirty .(30) days after the date of this Direction, under the direc-
441843-42-vol. 31-6
68 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
tion and supervision of the Regional Director for the Thirteenth Re-
gion and subject to Article III, Section 9, of said Rules and Regulations,
among all die sinkers who were employed during the pay-roll period
next preceding the date of this Direction, including employees 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 employees who have since quit
or been discharged for cause to determine whether they desire to be
represented for the purposes of collective bargaining by Local Union
No. 1720, Steel Workers Organizing Committee, affiliated with the
C. I. 0., or by Chicago Die Sinkers Lodge No. 100, affiliated with the
International Die Sinkers Conference, or by neither.
CERTIFICATION OF REPRESENTATIVES• r
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,
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 Local Union No. 1720, Steel Workers
Organizing Committee, affiliated with the C. I. 0., has been designated
and selected by a majority of the production and maintenance em-
ployees and employees employed in the departments of the plant
known as general machine shop, small machine shop, die-turning de-
partment , sheet-metal department , axle-cutting department, axle-turn-
ing department and axle shed, of Standard Forgings Corporation, East
Chicago, Indiana, excluding die sinkers, supervisors, clerical employees,
janitors, and watchmen, as their representative for the purposes of col-
lective bargaining, and that, pursuant to Section 9 (a) of the Act,
Local Union No. 1720, Steel Workers Organizing Committee, affiliated
with the C. I. 0., 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.
MR. EDWIN S. SMITH concurring :
Although Lodge No. 1512 does not appear to have requested recog-
nition by the Company as the exclusive bargaining agent for the Com-
pany's die sinkers, the record of the second hearing discloses that a
committee from the die sinker-department met with an official of the
Company in June 1938. In this conference and at subsequent meet-
ings' the committee obtained wage concessions for the die sinkers and
more favorable working conditions in their department. Under these
circumstances I am of the opinion that an election of the sort here
provided for is permissible under the rule which I have enunciated in
STANDARD FORGINGS CORPORATION 69
my concurring statements in Matter of The American Hardware Com-
pany 1? and 'other similar cases. -
[SAME TITLE]
Cases Nos. R-1958 and R-1959
FOURTH SUPPLEMENTAL DECISION'
AND
CERTIFICATION OF REPRESENTATIVES
May 8, 1941
On April 18,1911, the National Labor Relations Board, herein called
the Board, issued its Third Supplemental Decision, Second Direction
of Election and Amended Certification of Representatives, wherein
the Board directed that an election be held to determine whether the
die sinkers employed by the Company desired to be represented for
the purposes of collective bargaining by Chicago Die Sinker's Lodge
Number 100, by Local Union No. 1720 of the Steel Workers Organizing
Committee, or by neither. In its Direction the Board made provision
that the S. W..O. C. might withdraw its name from the ballot if it so
desired by giving notice to the Regional Director within five days from
the date of issuance of the Direction. In the event of such notice the
Direction provided that the die sinkers would decide by ballot whether
or not they desired to be represented for collective bargaining purposes
by Lodge Number 100.
By letter dated April 21, 1941, which is hereby made a part of the
record, the S. W. O. C. informed the Regional Director that it did not
desire to appear on the ballot in the Election. Thereafter; on April
24, 1941, the Company, Lodge Number 100, and counsel for the Board
entered into a "Stipulation and Agreement" wherein they stipulated
and agreed in substance that Lodge Number 100 represents all the em-
ployees employed by the Company as die sinkers.' It was further pro-
vided and agreed between the parties that the record in the above-
entitled cases might be reopened for the purpose of receiving said
"Stipulation and Agreement" as an exhibit, and that the Board might
certify Lodge Number 100 as the exclusive bargaining agent of all die
sinkers employed by the Company upon the basis of the entire record
in the case including said "Stipulation and Agreement."
The stipulation is hereby approved and made a part of the record,
and our Direction of Election is hereby rescinded.
i Matter of The American Hardware Company and United Electrical and Radio Workers
of America, 4 N. L. R. B 412
t At the second healing in this pioceeding uncontiadicted testimony was presented that
Lodge Number 100 represented all the die sinkers employed by the Company.
70 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Upon the entire record in the case, the Board 'snakes the following :
SUPPLEMENTAL FINDINGS OF FACT
We find that the die sinkers employed by the Company constitute a
unit appropriate for the purposes of collective bargaining, and that
such unit will insure to employees of the Company the full benefit of
their right to self-organization and to collective bargaining and other-
wise effectuate the policies of the Act.
We find that Chicago Die Sinkers Lodge Number 100 has been desig-
nated and selected by a majority of the die sinkers employed by the
Company as their representative for the purposes of collective bar-
gaining. It is, therefore, the exclusive representative of all the em-
ployees in such unit for the purposes of collective bargaining and we
shall so certify.
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following :
SUPPLEMENTAL CONCLUSIONS OF LAw
1. The employees employed as die sinkers by Standard Forgings
Corporation, East Chicago, Indiana, constitute a unit appropriate for
the purposes of collective bargaining, within the meaning of Section
9' (b) of the National Labor Relations Act.
2. Chicago Die Sinkers Lodge Number 100, affiliated with the Inter-
national Die Sinkers Conference, is the exclusive representative of all
the employees, in the aforesaid appropriate unit for the purposes of
collective bargaining, within the meaning of Section 9 (a) of, the
National Labor Relations Act.
CERTIFICATION OF REPRESENTATIVES
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, Sections 8 and 9, of National Labor Rela-
tions Board Rules and Regulations-Series 2, as amended,
IT IS HEREBY CERTIFIED that Chicago Die Sinkers Lodge Number 100,
affiliated with the International Die Sinkers Conference, has been
-designated and selected by a majority of all die sinkers employed by
Standard Forgings Corporation, East Chicago, Indiana, as their repre-
sentative for the purposes of collective bargaining, and that pursuant
to the provisions of Section 9 (a) of the Act, Chicago Die Sinkers Lodge
Number 100, affiliated with the International Die Sinkers Conference,
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.
31 N. L. R. B., No. 16a.