The Gartland-Haswell Foundry Co.

National Labor Relations Board - Board Decisions

Aug 24, 1940

26 N.L.R.B. 1270 (N.L.R.B. 1940)

In the Matter of THE GARTLAND-HASWELL FOUNDRY CO. and THE
GARTLAND HASWELL EMPLOYEES ORGANIZATION
Case No. R-1987.-Decided August 24, 1940
Jurisdiction : grey iron castings manufacturing industry.
Investigation and Certification of Representatives : existence of question: refusal
to accord recognition to union; request that certification be obtained; election
necessary.
Where charges of unfair labor practices were settled prior to the holding
of the hearing on the petition, and at the date of the hearing, the notices
provided in the settlement agreement had not remained posted for the re-
quired time, the election was ordered to proceed in accordance with the usual
practice, since the required time will. have elapsed on the date of the issuance
of the decision.
Unit Appropriate for Collective Bargaining : production and maintenance em-
ployees including employees of the core, foundry, and finishing rooms, exclusive
of supervisory and office employees.
Mr. H. K. Forsyth, of Sidney, Ohio, for the Company.
Mr. R. E. Boller, Jr., of Sidney, Ohio, for the Independent.
Mr. William C. Webb, of Cincinnati, Ohio, for Local 293.
Mr. S. G. Lippman, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On January 12, 1940, The Gartland Haswell Employees Organiza-
tion, herein called the Independent, filed with the Regional Director
for the Eighth Region (Cleveland, Ohio) a petition alleging that a
question affecting commerce had arisen concerning the representation
of employees of The Gartland-Haswell Foundry Co.,' Sidney, Ohio,
herein called the Company, and requesting an investigation and
certification of representatives pursuant to Section 9 (c) of the Na-
tional Labor Relations Act, 49 Stat. 449, herein called the Act. On
July 19, 1940, the National Labor Relations Board, herein called the
Board, acting pursuant to Section 9 (c) of the Act and Article III,
Section 3, of National Labor Relations Board Rules and Regulations-
At the hearing the name of the Company was amended to read as set forth in the caption above.
26 N. L. R. B., No. 116.
1270
THE GARTLAND-HAS WELL FOUNDRY CO. 1271
Series 2, as amended, ordered an investigation and authorized the
Regional Director to conduct it and to provide for an appropriate
hearing upon due notice.
On July 20, 1940, the Regional Director issued a notice of hearing,
copies of which, together with copies of the petition, were duly served
upon the Company, upon the Independent, and upon Local 293,
International Molders Union of North America, herein called Local
293, a labor organization claiming to represent employees directly
affected by the investigation. On July 25, 1940, on request of the
Independent, the Regional Director postponed the hearing. On
August 5, 1940, pursuant to notice, a hearing was held at Sidney, Ohio,
before Max W. Johnstone, the Trial Examiner duly designated by the
Board. The Company and the Independent were represented by
counsel and Local 293 was represented by its organizer. 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. During the course of the hearing the
Trial Examiner made various rulings on motions and on objections to
the admission 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.
Upon the entire record of the case, the Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
The Gartland-Haswell Foundry Co. is an Ohio corporation main-
taining and operating a plant in Sidney, Ohio, where it is engaged in
the manufacture, sale, and distribution of gray iron castings.
During 1939 the value of the finished products manufactured by the
Company was approximately $300,000. Approximately .14 per cent
of these products were shipped to purchasers located outside the
State of Ohio. During the same year the Company purchased for use
in the course of production pig iron, scrap, sand, stone, coke, fire
brick, and fire clay, as well as general foundry products, valued at
approximately $65,000. Of this amount, 8.54 per cent was purchased
and transported to the Company's plant at Sidney, Ohio, from points
outside the State of Ohio.
The Company concedes for the purpose of this proceeding that it is
engaged in interstate commerce.
1272 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
II. THE ORGANIZATIONS INVOLVED
The Gartland Haswell Employees Organization is an unaffiliated
labor organization admitting to membership persons employed by
the Company.2
Local 293, International Molders Union of North America, is a
labor organization affiliated with the American Federation of Labor.
It admits to membership persons employed by the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On December 15, 1939, the Independent advised the Company by'
letter that it represented 56 of its employees, which number it believed
constituted a majority of the Company's employees. The Independ-
ent also requested the Company to recognize it as the "sole bar-
gaining agent for the employees of this Company under the provisions
of the National Labor Relations Act." On December 21, 1939,
the Company replied that before it would comply with the demand of
the Independent, it would be necessary for the Independent to prove
its majority status by a certification from the Board.
We find that a question has arisen concerning the 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, I 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.
2 Local 293 moved to dismiss the petition herein filed by the Independent on the ground that the Inde-
pendent was not an active labor organization in that it has not held meetings or collected dues during the
9/ months preceding the hearing. The fact that an organization has not held meetings or collected dues is
not determinative of the question as to whether it is a labor organization entitled to exercise the privileges
of such under the Act. We are satisfied, and find, that at all times material herein the Independent was and
is a labor organization within the meaning of Section 2 (5) of the Act and the Rules and Regulations thereto
applicable. On December 4, 1939, a number of employees of the Company organized the Independent as a
labor organization. Officers were elected, a constitution was adopted, and as hereinafter set forth, a sub-
stantial number of emplpyees signed a petition for membership therein. See Matter of The George IV. Borg
Corporation and United Clock Workers Union, 25N. L. R. B. 481; and Matter of Universal Match Corpora
tion and United Match Workers, Local Industrial Union No. 110, affiliated with Congress of Industrial Organi-
zations , 23 N. L. R. B. 226, in which the Board held that:
The fact that only two "dues-paying" members were on the union membership roll, and no union
meetings had been held for 9 months, at the time the second amended charge was filed does not estab-
lish, either taken alone or with other facts shown, the non-existence of the union as a labor organization
under the Act and Rules and Regulations or otherwise. The union still was an organization and agency
participated in by employees, and available for employee participation, for the purposes defined in
Section 2 (5) of the Act.
THE GARTLAND-HASWELL FOUNDRY CO.
V. THE APPROPRIATE UNIT
1273
The Company, the Independent, and Local 293 agreed at the
hearing and we find that all production and maintenance employees
of the Company, including employees of the core, foundry, and
finishing rooms, exclusive of supervisory and office employees, con-
stitute a unit appropriate for the purposes of collective bargaining,
and that said unit will insure to employees of the Company the full
benefit of their right to self-organization and to collective bargaining
and otherwise effectuate the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
The petition filed herein alleges that the Company employs about
90 persons. There was introduced in evidence at the hearing a report
of the Regional Director showing that each of the labor organizations
involved represents a substantial number of the employees in the
appropriate unit.
We find that the question concerning representation which has
arisen can best be resolved by the conduct of an election by secret
ballot to determine the employees' choice of bargaining representa-
tives. Accordingly, we shall direct that an election by secret ballot
be held among the employees in the appropriate unit subject to such
limitations as are set forth in the Direction of Election.'
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following:
CONCLUSIONS OF LAW
1. A question affecting commerce has arisen concerning representa-
tion of employees of The Gartland-Haswell Foundry Co. within the
meaning of Section 9 (c) and Section 2 (6) and (7) of the National
Labor Relations Act.
2. All production and maintenance employees of the Company,
including employees of the core, foundry, and finishing rooms, exclu-
sive of supervisory and office employees, constitute a unit appropriate
for the purposes of collective bargaining, within the meaning of
Section 9 (b) of the National Labor Relations Act.
3 On June 14, 1940, the Company and Local 293 entered into an agreement approved by the Regional
Director, settling charges of unfair labor practices which Local 293 had previously filed against the Company.
'nce settlement agreement provided inter alia for the posting for a period of 60 consecutive days of a certain
notice addressed to employees of the Company. At the date of the hearing the notice had not remained
posted for the required 60 consecutive days, but only for 50 days. Since, however, the required 60 days
will nave elapsed on the date of the issuance of this Decision and Direction of Election, we see no reason why
the election ordered Herein should not proceed in accordance with the usual practice in such cases.
1274 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 Rela-
tions Act, 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 the purposes of collective bargaining
with The Gartland-Haswell Foundry Co., Sidney, 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 direc-
tion and supervision 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, Section 9, of said Rules and Regu-
lations, among all production and maintenance employees of the
Company, including employees of the core, foundry, and finishing
rooms, 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 those who were then or have since been temporarily laid off, but
excluding supervisory and office employees, and further excluding
those who have since quit or been discharged for cause, to determine
whether they desire to be represented by The Gartland Haswell
Employees Organization, or by Local 293, International Molders
Union of North America, affiliated with the American Federation of
Labor, for the purposes of collective bargaining, or by neither.