The Fayscott Corp.

National Labor Relations Board - Board Decisions

Aug 20, 1948

78 N.L.R.B. 1256 (N.L.R.B. 1948)

In the Matter of THE FAYSCOTT CORPORATION, EMPLOYER and
ASSOCIATION OF MACHINE SPECIALTY WORKERS, PETITIONER
In the Matter of TILE FAYSCOTT CORPORATION, EMPLOYER and INTER-
NATIONAL MOLDERS AND FOUNDRY WORKERS UNION OF NORTH
AMERICA, AFL, PETITIONER
Cases Nos. 1-I?C-231 and 1-RC-233, respectively. Decided
August 20, 1948
DECISION
AND
DIRECTION OF ELECTIONS
Upon separate petitions duly filed, a hearing in the above-consoli-
dated cases was held before a hearing officer of the National Labor
Relations Board. The hearing officer's rulings made at the hearing
are free from prejudicial error and are hereby affirmed.
Pursuant to the provisions of Section 3 (b) of the National Labor
Relations Act, the Board has delegated its powers in connection with
this case to a three-man panel consisting of the undersigned Board
Members. *
Upon the entire record in this case, the Board finds :
1. The Employer is engaged in commerce within the meaning of
the National Labor Relations Act.
2. The labor organizations named below claim to represent em-
ployees of the Employer.
3. Questions affecting commerce exist concerning the representation
of employees of the Employer, within the meaning of Section 9 (c)
(1) and Section 2 (6) and (7) of the Act.
4. The appropriate unit; the determination of representatives :
The Association of Machine Specialty Workers, hereinafter called
the Specialty Workers, seeks a unit of all production and maintenance
employees, including the foundry and the pattern shop. The Interna-
tional Molders and Foundry Workers Union of North America, AFL,
hereinafter referred to as the Molders, and the International Associa-
tion of Machinists, hereinafter called the IAM, contend that there
* Chairman Herzog and Members Houston and Reynolds.
78 N. L. R. B., No. 176.
1256
THE FAYSCOTT CORPORATION 1257
should be two units; one sought by the Molders, consisting of all em-
ployees in the foundry departliient, and the other, desired by the IAM,
composed of the remaining production and maintenance employees.
The Employer, in agreement with the Specialty Workers, urges that
past collective bargaining history makes only an industrial unit appro-
priate. Since 1939, the Specialty Workers has represented the pro-
duction and maintenance employees on a plant-wide basis. All parties
agree that executives, office, and clerical employees, guards, profes-
sional employees, and supervisors as defined in the amended Act,
should be excluded from any of the proposed units which may be found
appropriate.
The Employer, who is principally engaged in the manufacture of
textile machinery, operates a machine shop and a foundry both of
which are housed in a single building. In support of its position,that
only a plant-wide unit is appropriate, the Employer points to the fact
that the foundry is an integrated part of the plant as a whole and its
entire output is used in the manufacture of finished products; further-
more, that a works manager and his assistant exercise over-all control
and direction of operations in the plant; that all employees enjoy
similar wages, working conditions, and benefit plans and that a plant-
wide seniority system is maintained. On the other hand, it appears
that the foundry is apparently considered as a distinct department by
the Employer and is separated physically by fire stop walls from the
machine shop; that the foundry has its own superintendent and fore-
man who are directly in charge of the work therein. The foundry
employees consist principally of molders, core makers (classified by
the Employer in grade Nos. 1, 2 and 3, based upon whether they are
skilled or semi-skilled), apprentices, chippers, grinders, melters,
cleaners (the last four categories of employees are classified by the
Employer as common laborers), an inspector and common laborers.
The nature of the work performed, and skills -required -in the foundry
are essentially different from the duties and skills required in the ma-
chine shop. Apparently, there is no appreciable amount of interchange
between the foundry employees and the machine shop employees.
In view of the fact that the foundry workers are a homogeneous
group of employees functionally distinct from the employees in the
machine shop, we believe they may, if they so desire, constitute a
separate appropriate unit,' notwithstanding a history of collective bar-
gaining on a more inclusive basis.
However, the Board will not make any unit determination until it
has first ascertained the desires of the employees involved. If in this
1 Matter of Copper-Clad Malleable Range Company , 77 N L. R. B. 250; Matter of Mascot
Stove Company , 75 N L R. B 427 ; Matter of Neptune Meter Company , 67 N. L R. B.
949; Cf. Matter of Link -Belt Company, Phtiladetphla Operations , 76 N. L. R B. 427.
1258 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
election the employees in the foundry group vote for the Molders, they
will be taken to have indicated their desire to constitute a separate
bargaining unit.
We shall direct that separate elections by secret ballot be held among
the employes at the Employer's plant within the following voting
groups, excluding executives, office and clerical employees, guards, pro-
fessional employees, and all supervisors as defined in the amended
Act :
1. All foundry department employees.
2. All remaining production and maintenance employees.
DIRECTION OF ELECTIONS
As part of the investigation to ascertain representatives for the pur-
poses of collective bargaining with the Employer, elections by secret
ballot shall be conducted as early as possible, but not later than 30
days from the date of this Direction, under the direction and super-
vision of the Regional Director for the Region in which this case was
heard, and subject to Sections 203.61 and 203.62 of National Labor
Relations Board Rules and Regulations-Series 5, among the em-
ployees in the voting groups described above, who were employed
during the pay-roll period immediately preceding the date of this
Direction, including the employees who did not work during the said
pay-roll period because they were ill or on vacation or temporarily
laid off, 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, and also excluding employees on strike who
are not entitled to reinstatement, to determine whether :
(1) The employees in Group 1 desire to be represented by Associa-
tion of Machine Specialty Workers, or by International Molders and
Foundry Workers Union of North America, AFL, for the purposes
of collective bargaining, or by neither;
(2) The employees in Group 2 desire to be represented by Associa-
tion of Machine Specialty Workers, or by International Association
of Machinists, for the purposes of collective bargaining, or by neither.
2 Any participant in the elections directed herein may . upon prompt request to, and
approval thereof by, the Regional Director , have its name removed from the ballot.