The Dayton Malleable Iron Co.

National Labor Relations Board - Board Decisions

Mar 8, 1946

66 N.L.R.B. 501 (N.L.R.B. 1946)

In the Matter of THE DAYTON MALLEABLE IRON COMPANY and UNITED
STEEL WORKERS OF AMERICA, C. I. O.
Case No. 9-B-1974.-Decided March 8, 1946
Messrs. Warren A. Ferguson and L. A. Rodelius, of Dayton, Ohio,
and Mr. Hudson Jefferys, of Ironton, Ohio, for the Company.
Mr. John J. Brownlee, of Pittsburgh, Pa., and Mr. Babe Shelton,
of Ashland, Ky., for the C. I. O.
Mr. Joseph Padway, by Mr. Robert A. Wilson, of Washington,
1). C., for the A. F. of L.
Mr. Samuel M, Kaynard, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Cpon a petition duly filed by United Steel Workers of America,
C. I. 0., herein called the C. 1. 0., alleging that a question affecting
commerce had arisen concerning the representation of employees of
The Dayton Malleable Iron Company, Ironton, Ohio, herein called
the Company, the National Labor Relations Board provided for
an appropriate hearing upon due notice before Allen Sinsheimer,
Jr., Trial Examiner. The hearing was held at Ironton, Ohio, on
January 29, 1946. The Company, the C. I. 0., and International
Moulders & Foundry Workers Union of North America, AFL,
herein called the A. F. of L., 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.
At the hearing and in its brief, the A. F. of L. moved for the dis-
missal of the petition upon the grounds discussed in Section III,
infra. Ruling on said motion was reserved by the Trial Examiner
for the Board. For reasons hereinafter stated, the motion is hereby
denied. During the course of the hearing, the Trial Examiner made
66 N. L. R. B., No. 64.
501
502 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
rulings on motions and objections to admission of evidence. The
Board has reviewed the rulings and finds no prejudicial errors were
committed. The rulings 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 OP FACT
1. THE BUSINESS OF THE COMPANY
The Dayton Malleable Iron Company is an Ohio corporation with
its principal office in Dayton, Ohio. The Company operates three
plants in Ohio, and one in New York, but the proceedings herein
involve only its plant located in Ironton, Ohio. At the present time,
the Company is engaged in the manufacture of malleable and gray
iron castings for automotive and railroad industries. Principal raw
materials used by the Company are pig iron, steel scrap, sand, coal,
and coke. In the last 6 months of 1945, the Company purchased
materials valued in, A_xcess of $50,000, of which over 50 percent was
received from outside the State of Ohio. During the same period,
the value of the products sold was in excess of $100,000, of which
75 percent was shipped outside the State of Ohio.
'The' Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
H. TIIE ORGANIZATIONS INVOLVED
United Steel Workers of America, affiliated with the Congress
of Industrial Organizations, and International Moulders and
Foundry Workers of North America, affiliated with the American
Federation of tabor, are labor organizations, admitting to member-
ship employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The C. I: O. requested recognition and bargaining rights for em-
ployees of the Company, but the Company has refused to recognize
it until such time as it has been certified by the Board in an
appropriate unit.
THE DAYTON MALLEABLE IRON COMPANY 503
A statement of a Board agent, introduced into evidence at the
hearing, indicates that the C. I. 0. 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.
1 The Field Examiner reported that the C . I. O. submitted 686 authorization cards,
bearing the names of 463 ( actual count shows 429 ) employees listed on the Company's
pay roll of January 5 , 1946 The cards were dated as follows :
February 1945 .. .. ... . ..... 15 August 1945 ... . . . .. ...... LI
March 1945 ... .. .. ... .. ... 42 September 1945 . 9
April 1945 .... 29 October 1945 .. . ... .... 4
May 1945 ..... . 36 November 1945 ... 7
June 1945 ....... ............. 133 December 1945 . .... . .. .. 17
July 1945 .................... 99 January 1946 . ...... ... .. .. 27
There are approximately 620 employees in the appropriate unit
The A . F. of L . relies upon its contract as evidence of its interest in the proceed-
ing. The contract is not asserted as a bar to this proceeding
At the hearing and in its brief , the A. F. of L objected to the admission in evi-
dence of the Field Examiner's Report on Investigation of Interest and moved that
the petition in this case be dismissed on the grounds that the authorization cards
submitted by the C. I. 0 did not show a substantial interest , or any interest among
the employees of the Company because ( 1) most of the cards were allegedly "stale,"
having been signed more than 6 months before and having been used as a basis for
a prior petition involving the same company filed by the C. I O. which was dis-
missed July 24, 1945, because prematurely filed in the light of the A F. of L.'s
contract dated March 12, 1945; and ( 2) because some cards allegedly had been
secured through coercion . The A . F. of L . further offered to call two witnesses to
testify that representatives of the C I. 0 had threatened them with bodily harm
if they did not join the C. I. O. or sign authorization cards. The Trial Examiner
refused to receive the offered testimony . The Trial Examiner 's rulings are upheld,
and the motion of the A. F. of L. to dismiss the petition is denied.
We have frequently held that authorization cards submitted by a petitioner are
required , not as proof of the precise number of employees who desire to be repre-
sented by a labor organization , but simply to provide prima facie evidence pt rep-
resentation among the employees in the appropriate unit for the sole purpose of
enabling the Board to determine whether the petitioner has sufficient interest to justify
setting in motion the Board's investigatory machinery. The submission of cards
is an administrative expedient adopted by the Board ; their examination and evalua-
tion lie wholly within the discretion of the Board . Authenticity is not a matter for
challenge or litigation by other parties, nor will claims of coercion in protirirlg of
authorizations be litigated . See Matter of H. G Hill Stores , Inc, Warehouse, 39
N L. R. B. 874; Matter of Buffalo Arms Corporation , 57 N L. R B. 1,560; Matter
of Frigidaire Division, General Motors Corporation, 54 N. I, R B. 55 ; Matter of
Allis-Chalmers Manufacturing Company, 56 N. L. It. B. 203 ; Matter of American
Finishing Company , 54 N. L. it. B. 996; Matter of Sunset Motor Lines , 59 N. L. R. B.
1434; Matter of West Kentucky Coal Company, 58 N L. R B 607; Matter of United
Aircraft Corporation , 60 N L R B. 190; Matter of National Fireworks , Inc, 61 N. L. it. B
1597; Matter of Champion Sheet Metal Company, Inc., 61 N. L It . B. :511; Matter of
Rubin E. Rappeport, et at, 62 N. L It. B. 1118 ; Matter of National Lead Company , Titani-
um Division, 63 N. L. R B. 903 , Matter of Jasper Chair Company, 63 N. L R B. 632;
Matter of Monsanto Chemical Company, 63 N. L It . B. 789; Matter of Blue Ribbon
Laundry, 64 N. L It. B 645; Matter of La Follette Shirt Company , 65 N. L R B
952; Matter of Baker if Company, Inc, 65 N. L R B 646 ( and cases cited therein).
It is noted that most of the cards were dated subsequent to the execution by the
A F. of L. and the Company of a bargaining contract , which provided for maintenance-
of-membership after a 15-day escape period. We find that the C. I. O. has adequately
demonstrated for the purposes of this proceeding that it represents a sufficient number
of employees in the appropriate unit to warrant the holding of an election.
504 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
IV. THE APPROPRIATE UNIT
In accordance with an agreement of the parties at the hearing
we find that all employees of The Dayton Malleable Iron Company
plant at Ironton, Ohio, excluding the superintendent, assistant
superintendents, the manager, foremen, assistant foremen, police-
men, watchmen, all clerical employees, the office janitress, and all
other office employees, laboratory employees, professional engineers,
junior engineers, co-op students, expediters, timekeepers, time and
motion study analysts, lay-out men, draftsmen, and all other super-
visory employees with authority to hire, promote, discharge, disci-
pline, or otherwise effect changes in the status of employees, or
effectively recommend 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 employees
in the appropriate unit who were employed during the pay-roll
period immediately preceding the date of the Direction of Election
herein , subject to the limitations and additions set forth in the
Direction.2
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 Re-
lations 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 Dayton
Malleable Iron Company, Dayton, 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 Ninth 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 employees in the unit found appropriate in Section IV, above,
'At the hearing, it was disclosed that operations at the Company's plant might be
curtailed due to the current steel strike It was agreed by the Company that any
employees laid off as a result of such curtailment would not be considered as dis-
charged, but laid off temporarily.
THE DAYTON MALLEABLE IRON COMPANY 509
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 employees who have since quit or been discharged
for cause and have not been rehired or reinstated prior to the date
of the election, to determine whether they desire to be represented
by United Steel Workers of America, affiliated with the Congress
of Industrial Organizations, or by International Moulders and
Foundry Workers Union of North America, affiliated with the
American Federation of Labor, for the purposes of collective
bargaining, or by neither.