The Harrison Steel Castings Co.

National Labor Relations Board - Board Decisions

Aug 28, 1945

63 N.L.R.B. 585 (N.L.R.B. 1945)

In the Matter of THE HARRISON STEEL CASTINGS COMPANY and AMERI-
CAN FEDERATION OF LABOR
Case No. 11-R-8w6.Decided August 28, 1945
Mr. Carl Wilde, of Indianapolis , Ind., and Mr. Lee Whitehall, of
Attica, Ind., for the Company.
Messrs. Hugh Gormley and Lloyd A. Thrush, of Indianapolis , Incl.,
for the Union.
Miss Ruth E. Bliefiield, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon an amended petition duly filed-by the American Federation
of Labor, herein called the Union, alleging that a question affecting
commerce had arisen concerning the representation of employees of
The Harrison Steel Castings Company,' Attica, Indiana, herein called
the Company, the National Labor Relations Board provided for an
appropriate hearing upon due notice before Clifford L. Hardy, Trial
Examiner. Said hearing was held at Attica, Indiana, on June 5, 1945.
The Company and the Union appeared and participated. All parties
were afforded full opportunity to be heard, to examine and cross-ex-
amine witnesses, and to introduce evidence bearing on the issues. The
Trial Examiner's rulings made at the hearing are free from prejudi-
cial error and are hereby affirmed. All parties were afforded oppor-
tunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
The Harrison Steel Castings Company, an Indiana corporation, is
engaged at its plant in Attica, Indiana, in the manufacture of steel
I The name of the Company appears in the caption and body of the Decision as it was
amended at the hearing.
63 N. L. R B, No. 93.
585
586 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
castings for use in railroad and tractor equipment. Approximately
40 percent of the raw materials purchased' by the Company, which
amount to more than $200,000 annually, is shipped from points out-
side the State of Indiana, and more than 75 percent of the Company's
finished products, which amount to more than $400,000 annually, is
shipped to points outside the State.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act, and we so find.
II. THE ORGANIZATION INVOLVED
The American Federation of Labor is a labor organization admit-
ting to membership employees of the Company.
III. TILE QUESTION CONCERNING REPRESENTATION
On or about April 7, 1945, the Union requested the Company to
recognize it as the exclusive bargaining representative of the pro-
duction and maintenance employees. The Company, however, re-
fused to grant such recognition until the Union has been certified
by the Board in an appropriate unit.
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that the Union represents a substantial number of em-
ployees in the unit hereinafter found 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. TILE APPROPRIATE UNIT
The Union seeks a unit of all production and maintenance employees,,
including truck drivers, but excluding employees in the storeroom,
plant-protection department and cafeteria, the nurses, office and cleri-
cal employees, sub-foremen, foremen, and all or any other supervisory
employees. The Company contends that the unit should be broader
in scope and seeks the inclusion of the storeroom, plant-protection and
cafeteria employees, the nurses, and the sub-foremen.
Storeroom employees-The Company has one storeroom in which
are employed 8 to 10 people, under the supervision of the chief store-
keeper, who is excluded as a supervisory employee. These employees
spend most of their time issuing, on requisition, stores and supplies
to production and maintenance employees, and keeping records of
2 The Field Examiner reported that the Union submitted 240 authorization cards, 235
of which bore the names of persons listed on the Company 's pay roll of May 5, 1945, con-
taining the names of 776 employees in the appropriate unit , and that , of these cards, 9
were dated February 1945, 149 were dated March 1945 , 52 were dated April 1945 , 12 were
dated May 1945 , and 18 were undated.
THE HARRISON STEEL CASTINGS COMPANY 587
the supplies issued and on hand. They also unload and unpack sup-
plies but do no handle the loading or packing of finished products
of the Company. The Union contends that these employees are cleri-
cal employees who act in a supervisory capacity with relation to the
material in the storeroom, and that it has not attempted to organize
these employees since they would come under the jurisdiction of an
"office workers union." We find no merit in these contentions. The
interests and duties of these employees are clearly aligned with those
of the production and maintenance employees. Moreover, the work
performed by these employees is similar to that usually performed by
factory clericals, whom we include in a unit ,f production and main,
tenance employees in the absence of an agreement among the parties
to exclude them.' We note also that in three previous elections, one
of which was directed by the Board,' these employees were included
in the same unit with production and maintenance employees. Under
all the circumstances we shall include the storeroom employees in the
appropriate unit.
Plant-protection, employees-The Company employs 13 guards.
These employees are armed, uniformed, and deputized. We shall, in
accordance with our usual policy, exclude the plant-protection em-
ployees from the unit .5
Cafeteria employees-The Company employs approximately 19
employees, in the cafeteria, who are classified as cooks, counter wash-
ers, and cashiers. These employees perform the usual duties of cafe-
teria employees. Since the sole labor organization involved herein
does not seek to represent these employees, and since their duties and
interests are not similar to those of production and maintenance em-
ployees, we shall exclude the cafeteria employees from the appropriate
unit.'
Nurses-The Company employs three practical nurses. The nurses
are located in the cafeteria building. Their duties are to minister to
the needs of injured employees in the plant, and, when necessary, to
notify the doctor, or see to it that the injured employee is sent to
.the doctor. Inasmuch as the nurses are not engaged in production
or maintenance work, and in view of the specialized character of their
services, we shall exclude them from the unit.,
Sub-foremen-The Company employs a group of employees listed
on its records as sub-foremen.$ The treasurer and secretary, and the
3 See Matter of Rockford Screw Products Co , 62 N L R B 1430
4 See Matter of The Harrison Steel Castings Company, 19 N L R B 323
s See Matter of Kelsey-Hayes Wheel Company, 62 N L R B 421, Matter of Bethlehem-
Fairfield Shipyard Inc, 61 N L R B 901
6 See Matter of Standard Oil Company of California, 58 N L . R. B 560 ; Matter of
Servel, Inc, 58 N L. R B 5
Matter of Boston Edison Company , 51 N L R B 118.
The record does not indicate the number of employees in this classification.
588 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
works manager of the Company , both testified that the title "sub-
foreman" was a misnomer with respect to these employees in that
they had no power to hire , discharge , or discipline employees, and
that their recommendations with respect to disciplining of employees
carry no more weight than those of any other experienced employees
in the plant . These employees perform regular production tasks, do
no planning of work, and act as group leaders in the direction of the
work of small groups of employees. Since these employees are not
supervisors within the customary definition of that term ; we shall
include the sub-foremen in the unit.
We find that all production and maintenance employees, including
truck drivers , storeroom employees and sub -foremen , but excluding
employees in the plant -protection department and cafeteria, the
nurses, office and clerical employees , foremen , and all or any other
supervisory employees with authority to hire, promote , discharge,
discipline , 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. TILE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among the em-
ployees in the appropriate unit who were employed during the pay-
roll period immediately preceding the date of the Direction of Elec-
tion herein, subject to the limitations and additions set forth in the
Direction.
While the record is not too clear, it appears that there was some
question concerning certain part-time and temporary employees of
the Company. There are approximately seven high school students
employed by the Company during the summer months, who are evi-
dently planning to return -to school when school vacation ends in the
fall. Since these employees have no expectancy of permanent em-
ployment with the Company at the present time, we find that they are
ineligible to participate in the election.
One of the Company's employees has been working part-time for
the past 3 years. He spends 4 to 5 hours each working day in the
foundry, and is regularly employed by the United States Government
as a mail carrier. The Union objects to his participation in the
election on the ground that he has no permanent interest in hours,
wages, and working conditions of employees in the unit sought. We
do not agree. Since this employee is a regular part-time employee
who works a substantial number of hours a week for the Company,
we find that he has a substantial interest in the conditions of employ-
THE HARRISON STEEL CASTINGS COMPANY ' 589
meat, and we shall, therefore, permit him to participate in the elec-
tion.9
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 9, of National Labor
Relations Board Rules and Regulations-Series B, as amended, it is
hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with The Harrison
Steel Castings Company, Attica, Indiana, 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 supervi-
sion of the Regional Director for the Eleventh 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 employees in the unit found appropriate in Section IV,
above, who were employed during the pay-roll period immediately
preceding the date of this Direction, including the regular part-time
employee, and employees who did not work during the 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 any who
lave since quit or been discharged for cause and have not been rehired
or reinstated prior to the date of the election, to determine whether
or not 'they desire to be represented by the American Federation of
Labor, for the purposes of collective bargaining.
° See Matter of Wagner Folding Box Corporation , 49 N L R. B. 346.