The Anstice Co., Inc.

National Labor Relations Board - Board Decisions

Sep 27, 1944

58 N.L.R.B. 587 (N.L.R.B. 1944)

In the Matter of THE ANSTICE COMPANY, INC. and UNrllsD STEEL-
WORKERS OF AMERICA, (CIO)
Cases Nos. 3-R-8116 and 3-Ii-870 respectively. Dceide^l
September ^7, 19 f
Messrs . T. Ca, 1I Nixon and Arthur L. Stern , both of Rochester, N. Y.,
for the Company.
Mr. John, G. Strobe ll, of Rochester , N. Y. for the United.
Mrs. H. TV. Clements and Mr . R. 4V. Clements , both of Rochester,
N. Y., for the Molders.
Messrs . If. J: Smzith and J. Paul Kelsey, both of Buffalo , N. Y., for
the IAM.
Mr. Joseph C. Wells, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATE\[E\ T OF THE CASE
Upon petition duly filed by United Steelworkers of America, (CIO),
herein called the United, in Case No. 3-R-846, alleging that a question
affecting commel ce had arisen concerning the representation of em-
ployees of. The Anstice Company, Inc., Rochester, New York, herein
called the Company, the National Labor Relations Board provided for
an appropriate hearing upon due notice before Milton A. Nixon, Trial
Examiner. Said hearing was held at Rochester, New York, on Au-
gust 21, 1944. The Company, the United, International Molders and
Foundry Workers of North America, Local No. 11, (AFL), herein
called the Molders, and International Association of Machinists
(AFL), herein called the IAM, appeared, participated, and were of
forded full opportunity to be heard, to examine and cross-examine
witnesses ,, and'to introduce evidence bearing on the issues . Certain
documents were introduced in evidence and made a part of the record,
.whereupon the Company, the United, and the Molders stipulated that
the issues in the case should be resolved by a consent election to be con-
ducted by the Board among the employees of the Company involved in
the proceeding. None of the parties desiring to present further evi-
58 N L R B, No 116.
587
588 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
dente with respect to the issues, the hearing was closed. Prior to the
time- agreed upon for conducting the consent election, the United filed
its petition in Case No. 3-R-870, whereupon the Company withdrew
its above-mentioned stipulation to the -consent election. The Board
consolidated the cases and provided for a second appropriate hearing
upon due notice before Milton A. Nixon, Trial Examiner. The latter
hearing was held at Rochester, New York, on September 11, 1944.
The Company, the United, the Molders, and the LAM, appeared, par-
ticipated, and were afforded full opportunity to be heard, to examine
and cross-examine witnesses, and to introduce evidence bearing on the
issues. The Company appeared for the sole purpose of expressing its
refusal to proceed with the hearing until such time as the Board makes
a final determination in Case No. 3-0-749, involving charges of unfair
labor practices filed by the United against the Company, and moved
that the petitions be dismissed.; For reasons stated-in Section IV,
infra, the motion is denied. The rulings of the Trial Examiner made
at both hearings are free-from prejudicial error rind are hereby af-
firmed. 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 Anstice Company, Inc., is a New York corporation engaged in
the manufacture of castings, dish washers, vegetable peelers, and
canning equipment. During-the first 6 months of-1944, the Company
purchased raw materials for use at its Rochester, New York, plant,
having a value in excess of $25,000, of which a substantial percentage
represents shipments from points outside the State of New York.
During the same period, the Company's products at the Rochester
plant had a total value in excess of $25,000, of which a substantial
percentage represents the value of products delivered to places out-
side the State.
We find that the Company is engaged in commerce within the
meaning of the National Labor Relations Act.
II., THE ORGANIZATIONS INVOLVED
United Steelworkers of America, affiliated with the Congress of
Industrial Organizations, is a labor organization admitting to mem-
bership employees of the Company.
I The Company then withdrew from the hearing. The IAM also withdrew shortly there-
after , having expressed no interest in the proceeding.
THE ANSTICE COMPANY, INC. 589
International Molders and Foundry Workers of North America,
Local No. 11, affiliated with the American Federation of Labor, is a.
labor organization admitting* to membership employees of the Com-
pany.
111. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to either the United
or the Molders as the exclusive bargaining representative of its
employees. _
Statements of the Field Examiner, introduced into evidence at the
hearings, indicates that the United and the Molders each represents
a substantial number of employees in the units alleged by each union
to be' appropriate.2
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 DETERMINATION OF REPRESENTATIVES
The United and the Molders, agree in Case No. 3-R-846 that the
production and maintenance employees in the foundry at the Com-
pany's Rochester plant, excluding truck drivers, office, clerical, plant
protection, and supervisory employees, constitute a single appropriate
bargaining unit.
In Case No. 3-R-870, the United seeks a bargaining unit comprised
of production and maintenance employees, excluding truck drivers,
office, clerical (but not shipping clerks), and supervisory employees
in the machine shop at the Company's Rochester plant.
As stated above, the Company participated in the hearing on the
consolidated cases, only to make its motion to dismiss the petitions,
and, therefore, made no contention with respect to the appropriateness
of the bargaining units sought by the petitions herein.
The Company's plant at Rochester consists of two buildings located
approximately 75 feet apart. The foundry occupies one of these build-
ings and the machine shop the other. About 85 percent of the produc-
tion of the foundry consists of airplane parts, and the remaining pro-
duction is of vegetable peelers. The machine shop employees are
primarily engaged in machining and finishing the vegetable peelers
2In Case No . 3-R-846 , the Field Examiner reported that the United submitted 97
authorization cards , of which 92 were dated July 1944 , and 5 were dated June 1944; that
the Molders submitted 69 authorization cards , of which 7 were dated June 1944, 1 dated
May 1944, 60 dated April 1944 , and 1 dated March 1944; and that the Company employed
155 workers in the unit sought by the Unions in this case.
In Case No . 3-R-870, the Field Examiner reported that the United submitted 36 appli-
cation cards ; that 34 of these bore names of employees on -the Company 's pay roll for the
period ending August 26, 1944; that all cards submitted were ' dated August 1944; and
that there are approximately 79 employees in the unit sought in this case.
590 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
produced in the foundry. Other products of the foundry are shipped
to customers who perform the necessary machining and finishing oper-
ations at their plants. Both the foundry and the machine shop em-
ployees are under the supervision of the general superintendent who
is assisted in this supervision by foremen in the foundry and other
foremen in the machine shop. The employees at the foundry and the
machine shop use different time clocks, and have been grouped sep-
arately for company picnics. Employees at both the foundry and
machine shops are paid on an hourly basis, and receive similar rates
of pay for similar skills. There is nothing in the record to indicate
that employees are transferred frequentlybetween the two divisions of
the plant, either temporarily or perI'nanently.
In view of the foregoing circumstances it is apparent that collective
bargaining among the Company's employees could be conducted appro-
priately either in a plant-wide or in separate units comprised of em-
ployees in the foundry and the machine shop, respectively." Absent
a history of collective bargaining determinative of the question, the
Board frequently, in such a situation, bases its decision in part upon
the desires of the employees in a self-determination election. We
shall, therefore, make no final determination of the appropriate unit,
or units, at this, time but shall direct that the question concerning rep,,-*
resentation which has arisen be resolved, in part; by separate elections
by secret ballot among the employees in the foundry and machine shop,
respectively. The employees in the foundry group shall choose whether
they desire to be represented by the United, the Molders, or by neither;
the employees in the machine shop group shall choose whether or not
they desire to be represented by the United. If the United is chosen as
the bargaining representative of the employees in both voting groups,
we shall find a single unit appropriate; if, however, the United does
not win the election in both voting groups, each group shall constitute
a separate and distinct unit.
Prior to the hearing on the consolidated cases, but subsequent to the
hearing on Case No. 3-R-846, the United filed with the Board charges
alleging the Company to have engaged in unfair labor practices.4
However, at the hearing on the consolidated cases, before the Com-
pany's withdrawal therefrom, both the United and the Molders waived
in writing any right to protest any elections held on any ground set
forth in the charges filed in Case No. 3-C-749 by the United. 'Under
Matter of Wright Aeronautical Corporation, 45 N L It B 1104 , Matter of Trance
Found,g & Machine Company, 51 N L R B 1395, Matter of Ingersoll-Rand Company,
55 N L R B 14, Matte, of Continental Found,p & Machine Coinpany, 58 N L R B
213
Although the United, the only Union involved seeking to represent all production and
mauvtenanl e .employees at the Company's Rochester plant, petitioned for two separate
bargaining units, the record affords no persuasive reason so to divide these employees in
the event the majority in both the foundry and machine shop choose the United as their
representative
ICase No 3-C-749
4
THE ANSTICE COMPANY, INC. 591
these circumstances, we perceive no reason to delay further a deter-
mination of representatives.
We find that the question concerning representation which has arisen
can best be resolved by means of separate elections by secret ballot
among the employees in the groups described in the Direction of Elec-
tions herein , who were employed during the pay-roll period immedi-
ately preceding the (late of the Direction, subject to the limitations
and additions set forth therein.
DIRECTION OF ELECTIONS
'By virtue of and pursuant to the-power vested in the Nationidb 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, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with The Anstice Com-
pany, Inc., Rochester, New York, elections by secret ballot shall be
conducted as early as possible , but not later than thirty ( 30) days from
the (late of this Direction , under the direction and supervision of the
Region al ,Di rector . for, the Third 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 following
groups of employees of the Company 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 vacation 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 who have
since quit or been discharged for cause and have not been rehired or
reinstated prior to the elate of the elections, as well as all supervisory
employees with authority to hire, promote , discharge , discipline, or
otherwise effect changes in the status of employees , or effectively
recommend such action :
(1) All production and maintenance employees of the Company
employed at its foundry at the Rochester plant, excluding truck
drivers, office, clerical, and plant-protection employees, to determine
whether they desire to be represented by United Steelworkers of
America, (C. I.O.) , or by International Molders and Foundry Workers
of North America, Local No. 11, (A. F. L ), for the purposes of
collective bargaining, or by neither;
(2) All production and maintenance employees of the Connpany
employed at its machine shop at the Rochester plant, including ship-
ping clerks, but excluding office clerical employees, and truck drivers,
to determine whether or not they desire to be represented by United
Steelworkers of America, for the purposes of collective bargaining.