The Central Foundry Co.

National Labor Relations Board - Board Decisions

Feb 5, 1940

20 N.L.R.B. 131 (N.L.R.B. 1940)

In the Matter of THE CENTRAL FOUNDRY COMPANY and STEEL
WORKERS ORGANIZING COMMITTEE
Case No. R-1652.-Decided February 5, 1940
Cast Iron Pipe Manufacturing Industry-Investigation of Representatives:
controversy concerning representation of employees : rival organizations ; con-
troversy as to appropriate unit; refusal of employer to grant exclusive recog-
nition until representative certified by Board-Unit Appropriate for Collective
Bargainting : production and maintenance employees , excluding supervisory and
clerical employees , and including or excluding pattern makers depending on
results of election ; plant-wide unit not inappropriate despite some history of
informal bargaining on regional industry-wide basis-Elections Ordered: to de-
termine appropriate unit or units and representatives of employees therein.
Mr. Clarence D. Musser and Mr. Alexander E. Wilson, Jr., for
the Bodrd.
Mr. L. B. Liles, of Anniston, Ala., for the Company.
Mr. Yelverton Cowherd and Mr. Noel R. Beddow, of Birmingham,
Ala., for the S. W. O. C.
-Mr. J. A. Lipscomb, of Bessemer, Ala., Mr. M. P. Cushing, of
Birmingham, Ala., and Mr. George Q. Lynch, of Washington, D. C.,
for the P. M. A.
Mr. Shelley Walden, of Cincinnati, Ohio, for the I. M. U.
Mr. Ivar Peterson, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
On July 1, 1939, Steel Workers Organizing Committee, herein
called the S. W. O. C., filed with the Regional Director for the Tenth
Region (Atlanta, Georgia) a petition alleging that a question af-
fecting commerce had arisen concerning the representation of em-
ployees of The Central Foundry Company, Bessemer, Alabama, here-
in called the Company, and requesting an investigation and certifi-
cation of representatives pursuant to Section 9 (c) of the National
Labor Relations Act, 49 Stat. 449, herein called the Act. On No-
vember 13, 1939, the National Labor Relations Board, herein called
the Board, acting pursuant to Article III, Section 3, of National
Labor Relations Board Rules and Regulations-Series 2, ordered an
20 N. L. R. B., No. 11
131
132 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
investigation and authorized the Regional Director to conduct it
and to provide for an appropriate hearing upon due. notice.
On November 22, 1939, the Regional Director issued a notice of
hearing, copies of which were duly served upon the Company, the
S. W. O. C., and International Molders' Union of North America,
herein called the I. M. U., a labor organization claiming to repre-
sent employees directly affected by the investigation. Pursuant to
the notice, a hearing was held on December 1, 4, and 5, 1939, at Bir-
mingham, Alabama, before E. G. Smith, the Trial Examiner duly
designated by the Board. At the opening of the hearing Pattern
Makers Association of Birmingham, Alabama, herein called the
P. M. A., was, upon motion, permitted to intervene in the proceeding.
The I. M. U. also filed a petition to intervene. The Board, the Com-
pany, the S. W. O. C., and the P. M. A. were represented by counsel;.
the I. M. U. by one of its officers. All parties participated in the
hearing and were afforded. full opportunity to be heard, to examine
and cross-examine witnesses, and to introduce evidence bearing on
the issues. At the close of the hearing the S. W. O. C. moved that
the petition to intervene filed by the I. M. U. be denied. The motion
is hereby overruled. The P. M.. A. and the I. M. U. separately
moved that the petition for investigation and certification of repre-
sentatives filed by the S. W. O. C. be dismissed. These motions are
hereby denied. During the course of the hearing the Trial Ex-
aminer made several rulings on motions and on objections to the ad-
mission 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.
On December 21, 1939, oral argument was had before the Board
in Washington, D. C. The P. M. A. was represented by counsel
and the I. M. U. by one of its officers. Briefs filed by the P. M. A.
and the I. M. U. have been considered by the Board.
Upon the entire record in the case, the Board makes the following :
FINDINGS of FACT
1. THE BUSINESS OF THE COMPANY
The Central Foundry Company, a Maine corporation, is engaged
in the manufacture and sale of cast-iron pipe and fittings at its plant
in Bessemer, Alabama. The Company also operates plants at An-
niston and Holt, Alabama; Vincennes, Indiana; Baltimore, Maryland;
and Newark, New Jersey. The present proceeding is concerned only
with the Bessemer plant. All of the raw materials used in the opera-
tions at the Bessemer plant, consisting principally of pig iron, coke,,
THE CENTRAL FOUNDRY COMPANY 133
and sand, are obtained in the State of Alabama. About 98 per cent
of the finished products, having a total value of about' $900,000 per
year; are sold by the Company in States other than Alabama. The
Company employs at the Bessemer plant about 355 production and
maintenance employees and about 20 clerical and supervisory em-
ployees. For the purposes of this proceeding, the Company admits
that it is engaged in commerce within the meaning of the Act.
II. THE ORGANIZATIONS INVOLVED
Steel Workers Organizing Committee is a labor organization au-
thorized to act on behalf of Amalgamated Association of Iron, Steel
and Tin Workers of North America. Amalgamated Association of
Iron, Steel and Tin Workers of North America, Lodge No. 2133,
herein called the Amalgamated, is a labor organization affiliated with
the Congress of Industrial Organizations, admitting to membership
production and maintenance employees at the Company's Bessemer
plant, exclusive of supervisory and clerical employees.
International Molders' Union of North America is a labor organiza-
tion affiliated with the American Federation of Labor having juris-
diction over "all workers engaged in the production of castings."
Local No. 342 of the I. M. U. is a labor organization admitting to
membership production and maintenance employees at the Company's
Bessemer plant, excluding supervisory and clerical employees and.
employees who are members of other unions affiliated with the Ameri-
can Federation of Labor.
Pattern Makers Association of Birmingham, Alabama, an affiliate
of Pattern Makers League of North America, is a labor organization
affiliated with the American Federation of Labor, admitting to mem-
bership pattern makers and pattern makers' apprentices employed at.
the Company's Bessemer plant.
III. THE QUESTION CONCERNING REPRESENTATION
In 1934 an American Federation of Labor, federal, local union, which.
appears to have embraced employees in all departments, represented.
the employees at the Bessemer plant in negotiations with the man-
agement. In 1936 the I. M. U., which in 1934 had changed its policy-
so as to include within its jurisdiction anyone engaged in the pro-
duction of castings, undertook to organize and represent the employees.
In the spring of 1934 Anton Hansen, general manager of plants for
the Company, met with the representative of one other company
having soil-pipe foundries, in Alabama, for the purpose of unifying-
piece-work rates, following protests by the I. M. U. against prevailing-
rates. Thereafter, in January 1937, representatives of the I. M. U....
283031-41-vol. 20-10
134 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
conferred with an employer committee representing about 13 or 14
of the soil-pipe foundries in Alabama and Tennessee, including the
Company's foundries. This conference resulted in an agreement as
to basic wage rates and certain other general working conditions ef-
fective as of April 1, 1937, and until the giving of 30 days' notice by
either party of a desire to change. In November 1939, at a similar
conference, a tentative agreement was reached providing for wage
increases effective January 1, 1940. None of these conferences ripened
into formal contracts recognizing the I. M. U. as a bargaining repre-
sentative or binding any of the employers represented by the employer
committee to put into effect the conditions agreed upon. The em-
ployer committee had no authority to bind the several employers who
participated in the conferences. Hansen, the Company's general
manager, however, testified that whatever was agreed to in these con-
ferences was put into effect in all plants of the Company in Alabama.
.He further testified that although the negotiations, so far as the Com-
pany was concerned, dealt specifically with its plants at Holt and
Anniston, Alabama, by custom the concessions made with regard
to those plants were extended to the Bessemer plant. It appears
that the negotiations dealt primarily with conditions in foundries
manufacturing soil pipe. The Company's Holt and Anniston plants
manufacture soil pipe, whereas the Bessemer plant manufactures
"universal". or pressure pipe. The Company does not consider that,
it is bound by any contract to recognize the I. M. U. as the exclusive
representative of the employees at the Bessemer plant.
On June 17, 1939, representatives of the S. W. O. C., on behalf of
the Amalgamated, claiming to represent a majority of the employees,
met with representatives of the Company and requested that the Com-
pany recognize the Amalgamated, through the S. W. O. C., as the ex-
clusive collective bargaining representative of the employees at the
Bessemer plant. The Company refuses-to grant any such recognition
until some organization has been certified as such representative.by the
Board.
We find that a question has arisen concerning 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
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.
THE CENTRAL FOUNDRY (COMPANY 135
V. THE APPROPRIATE UNIT
The Amalgamated, through the S. W. 0. C., contends that all pro-
duction and maintenance employees at the Bessemer plant, exclusive
of supervisory and clerical employees, constitute a unit appropriate
for the purpose of collective bargaining.
The I. M. U. contends that a unit restricted to, employees at the
Bessemer plant is inappropriate and that the appropriate unit should
be "industry-wide," consisting of employees of the Company at the:
Bessemer, Holt, and Anniston plants, and employees of 12 or 13 other
foundries in Alabama and Tennessee.
The P. M. A. claims that the pattern makers and pattern makers'
apprentices employed at the Company's Bessemer plant constitute
an appropriate unit.
In support of its contention that the unit proposed by the Amal-
gamated is inappropriate. and that an "industry-wide" unit is appro-
priate, the I. M. U. points to its negotiations" with the employer
committee representing soil-pipe plants, set forth above. While
these negotiations appear to have achieved a degree of uniformity
with respect to basic wage rates in a number of soil-pipe foundries
in Alabama and Tennessee, that fact alone is not controlling. As
stated above, the negotiations have not reached the stage of formal
contracts recognizing the. I. M.. U. as, the exclusive representative of
the employees of the various manufacturers'involved-. Nor des the
record show that the employers represented by the employer coin-
mittee have delegated to that committee the authority to enter into
collective agreements binding upon them. Several companies manu-
facturing soil pipe in Alabama and Tennessee have not participated
in the, negotiations. Consequently, under the circumstances of this
case we are unable to conclude that the unit proposed by the Amal-
gamated is inappropriate for the reasons advanced by the. I. M. U.
In reaching this- conclusion, we do not decide that a unit composed. of
employees - of the manufacturers . represented by the employer coin-
mittee would be inappropriate. We do, however, think that the
employees at the Company's Bessemer plant should not be precluded
from functioning as a separate collective bargaining unit until such
time as the bargaining on the basis of a broader unit has been
perfected.'
The claim of the P. M. A. is that pattern makers and pattern
makers' apprentices constitute an appropriate unit. The record
shows that the P. M. A. has had members in the Coipany's plant
for 'many.:years and,: although the, character and extent of the
negotii tioris;.are ,not ' clear; l'it' 'appears ,that • the P. M. A. has dealt
'See Matter of F. E. Booth . & Company, etc., and Monterey Bay Area Fish Workers
Union No. 23, 10 N. L. R. B. 1491.
136 DECISIONS OF NATIONAL LABOR" RELATIONS BOARD
with the Company concerning wages, hours, and working conditions
of pattern makers employed in the plant. At the time of the hearing
the Company employed only one pattern maker, Otto Lee Arnold,
at its Bessemer plant. The representative of the P. M. A. testified
that under normal conditions two pattern makers, or one and an
apprentice, are .employed. The-,superintendent of the plant, C. A.
Nixon, testified that not more than two pattern makers with an
apprentice had ever been employed. There is a possibility, there-
fore, that at the present time more than one employee may be
employed in the unit claimed by the P. M. A. In view of the fore-
going facts, we find that the pattern makers and pattern makers'
apprentices employed at the Company' s Bessemer plant may properly
constitute a separate appropriate bargaining unit or be included in a
general unit of production and maintenance employees, depending
upon the desires of the employees involved .2 Our finding in this
respect, however, is based upon the assumption that more than one
employee is now employed in the unit claimed by the P. M. A. If
only one employee is eligible to participate in the separate election
which we shall direct, we will not certify a separate collective bar-
gaining representative for him.'
Aside from the contentions of the I. M. U. and the P. M. A., dis-
cussed above, none of the parties questioned the appropriateness
of a unit consisting of production and maintenance employees at
the Bessemer plant, excluding clerical and supervisory employees. .
At the hearing the Amalgamated submitted for the inspection
of the Trial Examiner 312 application and collective bargaining
authorization cards. The Trial Examiner stated for the record
that 248 of the cards were complete and were dated between March
and November 1939. The financial secretary of Lodge No. 2133
testified that about 311 production and maintenance employees were
members. The representative of the I. M. U. presented a list dated
March 30, 1936, bearing 308 names. He testified that the names on
the list represented the I. M. U. members at the Bessemer plant.
The representative of the P. M. A. testified that Arnold, the pattern
maker, was a member of the P. M: A. All parties proceeded on
the assumption that elections were necessary to determine the bar-
gaining representative or representatives.
2 Matter of Globe Machine and Stamping Co. and Metal Polishers Union Local. No. 8;
International Association of Machinists , District No. 54, 3 N. L. R. B. 294, and subsequent
cases.
a Matter. of Luckenbach Steamship Company, Inc., etc. and Gatemen, Watchmen and
Miscellaneous Waterfront Workers Union, Local 88-124 ; International Longshoremen's
A.,sneiation, 2 N. L. R . B. 181, 193; Matter of Metro - Goldwyn-Mayer Studios and Motion
Picture Producers Ass'n . et al. and Screen Writers' Guild, Ina., 7 N . L. R. B. 662 and 8
N. i.. B. B. 858, 864 ; Matter of Trawler Marls Stella, Inc . and American Communications
Association (C. I. 0.), etc., 12 N. L. R. B. 415, 426. Cf. Matter of Joseph S. Finds
,t Co.. Inc. and United Distillery Workers Union , Local No. 8, 10 N. L. R. B. 896.
. THE CENTRAL FOUNDRY 'COMPANT 137
We shall direct that one election be held among the production
and maintenance employees, excluding pattern makers and pattern
makers' apprentices, and clerical and supervisory employees, to
determine whether they desire to be represented by the Amalgamated,
by the I. M. U., or by neither. An election shall also be held among
the pattern , makers and pattern makers' apprentices to determine
whether they desire to be represented by the Amalgamated, by the
P. M. A., or by neither. If both groups of employees choose the
Amalgamated, they will constitute a single unit for purposes of
collective bargaining.
Although the parties indicated at the hearing that use of the
November 25, 1939, pay roll to determine eligibility to vote would
be acceptable, we conclude that the pay roll immediately preceding
the date of the Direction of Elections herein should be used.
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following :
CONCLUSION of LAW
A question affecting commerce has arisen concerning the repre-
sentation of employees of The Central Foundry Company at its
Bessemer, Alabama, plant, 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 Rela-
tions 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 ordered by the Board
to ascertain representatives for collective bargaining with The Cen-
tral Foundry Company, Bessemer, Alabama, separate 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 Tenth
Region, acting in this matter as agent for the National Labor Rela-
tions Board, and subject to Article III, Section 9, of said Rules and
Regulations, among those employees of The Central Foundry Com-
pany at its Bessemer, Alabama, plant, who fall within the two
groups described below who were employed during the pay-roll
period immediately preceding the date of this Direction, including
employees who did not work during such pay-roll period because
they were ill or on vacation, and employees who were then or have
138 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
since been temporarily laid off, but excluding supervisory and cler-
ical employees and those who have since quit or who have been
discharged for cause :
(a) Production and maintenance employees, excluding pattern
makers and pattern makers' apprentices, to determine whether. they
desire to be represented by Amalgamated Association of Iron, Steel
and Tin Workers of North' America, Lodge No. 2133, through Steel
Workers Organizing Committee, or by International Molders' Union
of North America, Local No. 342, for the purposes of collective bar-
gaining, or by neither;
(b) The pattern makers and pattern makers' apprentices to deter-
mine whether they desire to be represented by Amalgamated Asso-
ciation of Iron, Steel and Tin Workers of North America, Lodge
No. 2133, through Steel Workers Organizing Committee, or by
Pattern Makers Association of Birmingham, Alabama, for the
purposes of collective bargaining, or by neither.
MR. EDWIN S. SMITH, concurring :
In view of the fact that the P. M. A. has bargained with the
Company on behalf of pattern makers prior to the advent of
the S. W. O. C., I concur in the determination that the inclusion
of the pattern makers in the industrial unit sought by the S. W. O. C.
should depend upon their desires as expressed in a separate election.'
[SAIME TITLE]
AMENDMENT TO DIRECTION OF ELECTIONS
February 21, 1940
On February 5, 1940 , the National Labor Relations Board , herein
called the Board , issued a Decision and Direction of Elections in the
above-entitled proceedings , the elections to be held as early as possible
but not later than thirty ( 30) days from the date of the Direction. The
Board , having been advised by International Molders' Union of North
America that it does not desire to participate in the elections , hereby
amends its Direction of Elections issued on February 5, 1940, by strik-
ing from paragraph ( a) thereof the words "they desire to be repre-
sented by Amalgamated Association of Iron, Steel and Tin Workers
of North America , Lodge No. 213'3, through Steel Workers Organizing
Committee , or by International Molders' Union of North America,
Local No. 342 ,,f or the purposes of collective bargaining , or by neither"
and substituting therefor the words "or not they desire to be repre-
sented by Amalgamated Association of Iron , Steel and Tin Workers
of North America, Lodge No. 2133, through Steel Workers Organizing
Committee , for the purposes of collective bargaining."
4 See my concurring opinion in Matter of United States Pipe & Foun.dr,, Company and
Steel Workers Organizing Committee, 19 N. L . R. B. 1016 , and cases cited therein.
20 N. L. R. B., No. 11a.