The American Crucible Products Co.

National Labor Relations Board - Board Decisions

Dec 24, 1943

54 N.L.R.B. 47 (N.L.R.B. 1943)

I
In the Matter of THE AMERICAN CRUCIBLE PRODUCTS COMPANY and
INTERNATIONAL MOLDERS & FOUNDRY WORKERS UNION OF NORTH
AMERICA (AFL)
Case No. 8-R-1308.-Decided December 24, 19I
Mr. Richard A. Stith, of Elyria, Ohio, for the Company.
Mr. Robert E. Quinlan, of Cleveland, Ohio, for the Union.
Mr. Robert Silagi, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon an amended petition duly filed by International Molders &
Foundry Workers Union of North America (AFL), herein called the
Union, alleging that a question affecting commerce had arisen con-
cerning the representation of employees of The American Crucible
Products Company, Lorain, Ohio, herein called the Company, the
National Labor Relations Board provided for an appropriate hear-
ing upon due notice before Louis Plost, Trial Examiner. Said hear-
ing was held at Cleveland, Ohio, on November 15, 1943. The Com-
pany and the Union appeared and participated. All parties 'were
afforded full opportunity to be heard, to examine and cross-examine
witnesses, and to introduce evidence bearing on the issues. The Trial
Examiner's rulings made at the hearing are free from prejudicial
error and are hereby affirmed. All parties were afforded opportunity
to file briefs with the Board.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
The American Crucible Products Company is an Ohio corporation
maintaining its principal office and place of business in Lorain, Ohio.
The Company manufactures bronze bearings, gear blanks, and bab-
bits. In the manufacture of its products the chief raw materials used
54 N. L. R. B., No. 9.
47
48 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
are bronze, copper, tin, lead, nickle, and antimony. During the year
1942 the Company used raw materials valued at $275,000, and pro-
duced finished products exceeding $1,000,000 in value. Approxi-
mately 60 percent of the raw materials and the finished products,
respectively, was received from sources and was shipped to points
outside the State of Ohio. The Company is largely concerned with
war production. '
The Company admits, and we find, that it is engaged in commerce
within the meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
International Molders & Foundry Workers of North America, affili-
ated with the American Federation of Labor, is a labor organization
admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On or about October 15, 1943, the Company refused a request by
the Union to grant it recognition as the exclusive bargaining repre-
sentative of certain employees of, the Company until it had been
certified by the Board in an appropriate unit.
A statement of a Board agent, introduced into evidence at the
hearing, indicates that the Union represents a substantial number of
employees in the unit hereinafter found appropriate.'
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
The Union seeks a unit consisting of all foundry employees, exclud-
ing clerical and office employees, foremen, supervisors, and pattern
makers 2 The Company contends that the unit should be plant-wide
and include all production and maintenance employees. Since the
Company's plant is composed largely of either foundry employees or
machine shop employees, the sole issue involved in this proceeding
is whether or not the latter group should be included in the same unit
with foundry workers for the purposes of collective bargaining. As
of the date of the hearing there were 73 foundry employees and 110
machine shop employees employed by the Company.
'The Field Examiner reported that the Union submitted 60 authorization -for-repre-
sentation cards, all of which bore apparently genuine original signatures ; that the names
of 54 persons appearing on the cards were listed on the Company 's pay roll of October 9,
1943, which contained the names of 75 employees in the appropriate unit; and that the
cards were all dated October 6, 1943.
3 As of the date of the hearing , the Company employed no pattern makers
THE AMERICAN CRUCIBLE PRODUCTS COMPANY 49
The plant's operations are divided into a foundry, a machine shop,
an inspection department, and a shipping department. All activi-
ties of the Company except for some storing and minor machining
operations, take place under one roof. The foundry and the machine
shop, however, are separated by a wall. In support of its contention
for an industrial unit, the Company elicited evidence to the effect
that its entire operations are considered to be an integrated whole,
and its good will and the reputation of its product, in part, are based
upon the fact that the Company completes the entire process of manu-
facturing its products. Raw materials are received at one end of the
building, and are processed in successive steps until they emerge
in the form of finished bearings at the other end. The various stages
of foundry casting consist of mixing the alloys, melting and pouring
the metal into molds, removing the castings from the sand and clean-
ing them. At that point the castings are sent to the machine shop for
grinding, cutting, and finishing. *The Company likewise showed
that its employees used a common parking lot and lunchroom; that
all personnel problems are channeled through a single department;
that one pay roll department is used for all employees; and that all
employees enjoy the same vacation privileges and group life insurance
protection. On the other hand, although the Company's general
manager testified that it was possible to transfer employees from one
department to another, the fact is that this has been done but twice
during the past 5 or 6 years, and both times at the request of the trans-
ferees. The evidence shows conclusively that separate Supervision
is maintained over e:lch department and the skills used in each are
wholly dissimilar. Not all employees in the foundry are highly
skilled, nor need the work there be held to the same close tolerances,
that are necessary in the machine shop. In general, there are more
skilled operations in the machine shop than in the foundry.
The Union justifies its limitation of the unit to foundry employees
on jurisdictional and craft grounds. Being an affiliate of the Ameri-
can Federation of Labor, by its constitution the Union is compelled to
restrict its membership solely to persons who produce castings. It is
not pernnitted to accept machinists into membership, nor has it made
any attempt to organize among them in the instant case. While the
Board is not bound by the rules of eligibility for membership of any
labor organization, nevertheless weight will be given them in deter-
mining the appropriate unit.' In view of the fact that there is no
history of collective bargaining by the Company, and the further fact
that the Union is the only labor organization presently desiring to
represent a substantial portion of the Company's employees, we shall
3 See National Labor Relations Board Thud Annual Report, p 167
507900-44-vol 54-5
50 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
make a unit finding such as the Union here desires.4 We therefore find
that all foundry employees of the Company, but excluding clerical and
office employees, pattern makers, foremen, and any other supervisory
employees with authority to hire, promote, discharge, discipline, or
otherwise effect changes in the status of employees, or effectively rec-
ommend such action, constitute a unit appropriate for the purposes of
collective' bargaining within the meaning of Section 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among the em-
ployees in the appropriate unit who were employed during the pay-
roll period immediately preceding the date of the Direction of Elec-
tion herein,, subject to the limitations and additions set forth in the
Direction.
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 9, of National Labor Relations
Board Rules and Regulations-Series 3, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with The American
Crucible Products Company, Lorain, Ohio, 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 super=
vision of the Regional Director for the Eighth Region, acting in this
matter as agent for the National Labor Relations Board, and subject
to Article III, Sections 10 and 11, of said Rules and Regulations,
among the employees in the unit found appropriate in Section IV,
above, who were employed during the pay-roll period immediately
.preceding the date of this Direction, including employees who did
not work during said pay-roll period because they were ill or on vaca-
tion or temporarily laid off, and including employees in the armed
forces of the United States who present themselves in person at the
polls, but excluding those employees who have since quit or been dis-
charged for cause and have not been rehired or reinstated prior to the
date of the election to determinewhether or not they desire to be repre-
sented by International Molders & Foundry Workers Union of North
America, affiliated with the American Federation of Labor, for the
purposes of collective bargaining.
4 See Matter of The E. T From Lock Company , et al, 39 N L. It. B. 202; also Matter
of Foster-Grant Co ., Inc., 32 N. L . It. B 486.