Superior Steel & Malleable Castings Co.

National Labor Relations Board - Board Decisions

Feb 11, 1942

38 N.L.R.B. 1099 (N.L.R.B. 1942)

In the Matter of SUPERIOR STEEL & MALLEABLE CASTINGS Co. and INTER-
NATIONAL UNION, UNITED AUTOMOBILE, AIRCRAFT AND AGRICULTURAL
IMPLEMENT WORKERS OF AMERICA, LOCAL 965, C. I. O.
Case No. R-3417.-Decided February 11, 1942
Jurisdiction : steel and malleable iron castings manufacturing industry.
Investigation and Certification of Representatives : existence of question: re-
fusal of employer to accord recognition to petitioning union ; dispute as to
appropriate unit ; election necessary.
Unit Appropriate for Collective Bargaining : single unit comprising production
and maintenance employees, excluding supervisory, clerical, and office em-
ployees in two plants in close proximity, having services and facilities in
common, held appropriate, despite Company's contention that a separate unit
for each was appropriate.
Mr. Lynn W. Beman, of Chicago, Ill., and Mr. Vance E. Fisher, of
Benton Harbor, Mich., for the'Company.
Mr. Vane Pickering, of St. Joseph, Mich., and Mr. Robert S. Feld-
man; of Benton Harbor, Mich., for the Union.
Mr. Robert C. Moore, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On October 6, 1941, International Union, United Automobile, Air-
craft and Agricultural Implement Workers of America, Local 965,
C. I. 0., herein called the United, filed with the Regional Director
for the Seventh Region (Detroit, Michigan) a petition alleging that
a question affecting commerce had arisen concerning the representa-
tion of employees of Superior Steel & Malleable Castings Co.,' herein
called the Company, and 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 December 10,
1941, the National Labor Relations Board, herein called the Board,
acting pursuant to Section 9 (c) of the Act, and Article III, Section
i Erroneously referred to in the formal papers as Superior Steel & Malleable Casting Co.
38 N. L R. B., No 206.
1099
1100 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
3, of National Labor Relations Board Rules and Regulations-Series
2, as amended, ordered an investigation and authorized the Regional
Director to conduct it and to provide for an appropriate hearing
upon due notice.
On December 15, 1941, the Regional Director issued a notice of
hearing, copies of which, together with copies of the petition, were
duly served upon the Company, upon the United, and upon the follow-
ing unions, named in the petition as having an interest in the pro-
ceeding: (1) International Moulders & Foundry Workers Union of
North America, A. F. L., and (2) Pattern Makers Association of
Benton Harbor, A. F. L. Pursuant to notice a hearing was held at
St. Joseph, Michigan, on December 22 and 23, 1941, before Jerome H.
Brooks, the Trial Examiner duly designated by the Chief Trial Ex-
aminer. The Company and the United appeared, 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 upon the issues was afforded all parties. During the
hearing the Trial Examiner made rulings on motions and on objec-
tions to the admission of evidence. The Board has reviewed the rul-
ings of the Trial Examiner and finds that no prejudicial errors were
committed. The rulings are hereby affirmed.
On January 7,1942, the Company filed a brief, which the Board has
considered.
Upon the entire record in the case the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Superior Steel & Malleable Castings Co. is a Michigan corporation
having its principal office and plant in Benton Harbor, Michigan.
The Company manufactures steel and malleable iron castings. The
principal materials used by the Company in its operations are pig
iron, steel, and iron scrap, moulding sand, fuel oil, alloys, lumber,
wire, nails, and grinding wheels. During the period from January 1,
1941, through October 1941, the Company purchased raw materials
and merchandise valued at more that $484,055, of which about 92 pcr-
cent was imported from sources outside the State of Michigan. Dur-
ing the same period the Company's finished products were valued at
more than $1,299,000, and about 88.65 percent of these products was
shipped to purchasers outside the State of Michigan.
II. THE ORGANIZATION INVOLVED
International Union, United Automobile, Aircraft and Agricultural
Implement Workers of America, Local 965, affiliated with the Congress
SUPERIOR SfPEIEL & MALLEABLE CASTI GSI CO. 1101
of Industrial Organizations, is a labor organization admitting to
membership employees of the Company.
M. THE QUESTION CONCERNING REPRESENTATION
The United has requested and has been refused recognition by the
Company as exclusive bargaining agent for its employees? There
exists a dispute between the parties with respect to the unit appro-
priate for the purposes of collective bargaining.
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
as 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 manufacturing operations of the Company are carried on in
two main buildings, of which one houses its steel castings plant, and
the other its malleable-iron castings plant. It is the contention of
the United that all employees in both plants, excluding supervisory,
clerical, and office employees, constitute the appropriate bargaining
unit. The Company agrees with the United's classification of em-
ployees to be included, but contends that two units are proper; one
to include employees in the steel plant, and another to include those
employed in the malleable plant. In support of its claim that the
two plants constitute separate units, the Company points to the fact
that each plant has its own superintendent, that the nature of the
work and the skills required are different, and that prior collective bar-
gaining has taken place on a two-plant basis rather than on the basis
of a single unit.
The United presented for the Trial Examiner 's inspection a total of about 335 member-
ship applications dated between May and December 16, 1941 . Of these, 198 purported to
be applications from employees in the Company 's steel plant, while the remaining 137 ap-
peared to represent applications from employees in the malleable -iron plant. The unit
alleged by the United to be appropriate contained about 560 employees ; I. e., 387 in the
steel plant, and 173 in the malleable plant. About 234 of these applications (divided be-
tween the steel and malleable plants in the ratio of 158 to 76 , respectively) bore apparently
genuine original signatures of employees appearing on the Company ' s November 9, 1941, pay
roll . The remainder either (1) bore signatures of persons who did not appear on said pay
roll ; ( 2) bore no signatures but named employees on said pay roll ; or (3) bore no signa-
tures and named persons who did not appear on said pay roll.
1102 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
When the Company first commenced operating in 1916 and for
several years thereafter , it operated only a steel castings plant.
About 1922 the malleable -iron castings plant was put into operation.
At the time of the hearing, slightly more than twice as many persons
were employed in the steel plant as were employed in the malleable
plant. The steel and malleable plants are in close proximity, being
separated by a small office building. All the Company 's properties
are located on a tract of land slightly more than 10 acres in area.
The office building houses the Company 's single office , a cafeteria,
and a first aid station maintained for the benefit of all employees.
Employees in both plants enter through this building and may use
either of two time clocks maintained therein. Other facilities and
services maintained in common for both plants include a pattern
shop, a maintenance crew, watchmen , and a storeroom for small.sup-
plies. There is but a single employment office and labor policy is
decided for both plants by the president of the Company . There is
some, although not extensive , interchange of work between plants in
order to utilize special machinery present in only one of the plants,
and there has been some interchange of labor. While the nature
of the work and the skills required differ to some extent , an analysis
prepared by the Company as of December 23, 1941 , shows that 370
of its 561 employees in the 2 plants might be used in either plant
with approximately equal facility , while an additional 83 employees
could be interchanged after a short training period. Although
separate pay rolls are made tip for each - plant, this is done solely
for accounting purposes , and identical check forms are used in paying
the employees in the 2 plants.
There had been no collective bargaining in the Company's estab-
lishment prior to about June 1937 , when the Iron Moulders Union
of North America conducted an organizational campaign among
employees engaged at the malleable plant and ultimately secured
the Company 's recognition as representative for those employees.
Shortly thereafter an independent organization came into being
among the workers at the steel plant. As a result of separate bar-
gaining with these two organizations the Company , about June 1937,
granted a general pay increase applicable to both plants . The record
discloses , however , that these arrangements were short -lived, the
Moulders Union apparently having disintegrated within a year, while
the independent union appears to have been inactive or non -existent
since the original bargaining in June 1937 . We do not believe that
the short -lived dealings between the Company and these two organ-
izations in 1937 establish that separate units are appropriate, par-
ticularly where the only organization now involved has organized
a substantial number of the employees at each plant.
SUPERIOR STEEL & MALLEABLE C'ASTTNGS CO. 1103
We find that all production and maintenance employees, excluding
supervisory, clerical, and office employees, constitute a unit appro-
priate for the purposes of collective bargaining and that said unit
will insure to the employees of the Company the full benefit of their
right to self-organization and to collective bargaining and otherwise
will effectuate the policies of the Act.$
VI. THE DETERMINATION OF REPRESENTATIVES
We find that the question concerning representation which has
arisen can best be resolved by an election by secret ballot. The
parties agreed that, in the event of an election, eligibility to vote
therein should be determined by reference to a current pay roll. We
shall direct that those eligible to vote in the election shall be those
within the appropriate unit who were employed during the pay-roll
period- ending immediately preceding the date of our Direction of
Election, subject to the additions and limitations 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 Superior Steel and Malleable Castings
Co., Benton Harbor, Michigan, within the meaning of Section 9 (c)
and Section 2 (6) and (7) of the National Labor Relations Act.
2. All production and maintenance employees of the Company,
excluding supervisory, clerical; and office 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
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 a part of the investigation ordered by the Board
to ascertain representatives for the purposes of collective bargaining
with Superior Steel and Malleable Castings Co., Benton Harbor,
Michigan, an election by secret ballot shall be conducted as early as
S See Matter of J C Spach Wagon Works, Inc and Upholsterers International Uni.on of
North America, (A. F. L.), 31 N. L. R. B., No. 21; Matter of Harbison -Walker Refractories
Company and United Brick and Clay Workers of America , Local #702, 37 N . L. R. B.
785.
1104 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 Seventh 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 all production and
maintenance employees of the Company, who were employed during
the pay-roll period ending immediately preceding the date of this
Direction, including employees who did not work during said pay-
roll period because they were ill or on vacation or in the active
military service or training of the United States, or temporarily
laid off, but excluding supervisory, clerical, and office employees and
employees who have since quit or have been discharged for cause, to
determine whether or not they desire to be represented by Inter-
national Union, United Automobile, Aircraft and Agricultural Im-
plement Workers of America, Local 965, C. I. 0., for the purposes
of collective bargaining.