The Hutchinson Foundry & Steel Co.

National Labor Relations Board - Board Decisions

Aug 17, 1942

43 N.L.R.B. 280 (N.L.R.B. 1942)

In the Matter of THE HUTCHINSON FOUNDRY & STEEL COMPANY and
INTERNATIONAL UNION, UNITED AUTOMOBILE, AIRCRAFT & AGRICUL-
TURAL IMPLEMENT WORKERS OF AMERICA, AFFILIATED WITH THE CON-
GRESS OF INDUSTRIAL ORGANIZATIONS
Case No. P-4O4O.-Decided August 17, 1942
Jurisdiction : structural steel and castings manufacturing and machinery re-
pairing industry.
Investigation and Certification of Representatives : existence of question: con-
flicting claims of rival representatives ; election necessary.
Unit Appropriate for Collective Bargaining : all production and maintenance
employees including employees in machine shop, blacksmith shop, structural
steel shop, machinery department, and truck driver, but excluding foundry
department employees, 'watchmen, office employees, salesmen, and supervisory
employees,: foundry department employees excluded in view 'of their separate
bargaining history and their undisputed representation by craft organization.
Mr. Warren H. White, of Hutchinson, Kans, for the Company.
Mr. Baron DeLouis, of Wichita, Kans., and Mr. Wilbur Gupton, of
Hutchinson, Kans., for the U. A. W.-C. I. O.
Mr. Cody Quinn and Mr. Elmer Sibert, of Wichita, Kans., for the
Machinists Union.
Mr. George A., McQueen, of Hutchinson, Kans., for the Molders
Union. ,
Mr. Oscar Geltman, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
11
STATEMENT OF THE CASE
Upon petition duly filed by International Union, United- Automo-
bile, Aircraft & Agricultural Implement Workers of America, affiliated
With the Congress of Industrial 'Organizations, herein called the
U. A. W.-C., I. 0., alleging that a question affecting commerce had
arisen concerning the representation of employees of The Hutchinson
Foundry & Steel Company; Hutchinson, Kansas, herein called the
Company, the National Labor Relations Board provided for an appro-
priate hearing upon due notice before Robert S. Fousek, Trial Exam-
43 N. L. R. B., No. 38.
280
1
THE -HUTCHINSON FOUNDRY & STEEL COMPANY 281
iner. Said hearing was held at Hutchinson , Kansas , on July 14, 1942.
The Company , the U. A. W.-C. I. 0., International Association of
Machinists , affiliated with the American Federation of Labor, herein
called the Machinists Union, and International Molders & Foundry
Workers Union of North America , Local No. 469, affiliated with the
American Federation of Labor, herein called the Molders Union,,ap-
peared, participated , and were afforded full opportunity to be heard,
to examine and cross -examine witnesses , and to introduce evidence
bearing on the issues . The Trial Examiner's rulings made •at the
hearing are free from prejudicial error and are hereby affirmed.
Upon the entire record in the case , the Boarcl makes the following;
FINDINGS OF, FACT
1. THE BUSINESS OF THE COMPANY
The Hutchinson Foundry & Steel Company manufactures struc-
tural steel and castings and does machine work and machinery repairs
at its plant in Hutchinson , Kansas. In the year 1941, the Company's
total receipts from sales and services amounted to approximately
532,000, and approximately 5 percent of its business consisted of
subcontracts for defense plants. In 1941, approximately 2,500 tons of
raw materials were used by the Company, of which some 700 to 750
tons originated outside the State of Kansas, and the Company shipped
approximately 75 tons of finished products to points,outside the State
of Kansas. The Company customarily imports about 30 percent of
its raw materials from, and ships about 4 percent of its finished prod-
ucts to, points outside the State of Kansas.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS IN\-OLVED
International Union, Automobile, Aircraft & Agricultural Imple-
ment Workers of America is a labor organization affiliated with the
Congress of Industrial Organizations , admitting to membership em-
ployees of the Company.
International Association of Machinists and International Molders
& Foundry Workers Union of North America, Local No. 469, are
labor organizations affiliated with the American Federation of Labor,
admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On June 8, 1942 , the U. A. W.-C. I. O. notified the Company that
it represented a majority of the Company's employees in a unit appro-
282 DECISIONS OF NATIONAL LABOR RELATIONS'_ BOARD
priate for the purposes • of collective bargaining and requested
recognition as.the exclusive representative of the employees in that,
unit. On the same day the, Company replied, stating that inas-
much as_ the Molders Union represented a number of its employees,
the Company desired that an election be conducted by the Board.
A report prepared by the Board's Field Examiner and introduced
in evidence at the hearing, and- a, statement made at the hearing
by the Board's Trial Examiner indicate that both the U. A. `V.-
C. I. O. and the Machinists Uiilon represent a substantial number
of employees of the Company in 'the unit hereinafter found appro-
priate and none in the Company's foundry department, and that
the Molders Union' represents all of the employees in the foundry
department and none in the appropriate unit.'
IV. THE APPROPRIATE UNIT
Both the Machinists Union' and the U. A. W.-C. LO. claim that all
production and maintenance employes of the Company, including em-
ployees in the machine shop, blacksmith shop ,-•'structural , steel shop,
machinery department, and. truck_ driver, but excluding foundry
department employees, watchmen, office employees, salesmen, and
supervisory employees, constitute a unit appropriate for the purposes
of collective bargaining.
An officer of the Company stated that the Company has no preference
as to the appropriate unit for bargaining, but, added that because
the plant is small, the Company would prefer to bargain with one
unit rather than with two or three; and he further stated that there
is not a sufficient difference in the kind of work the men do to justify
the existence of two or three unions in the plant. - He testified that
the foundry department is in the same building with the machine
shop; that approximately four foundry department employees' spend
some of their time, in the machine shop using machine shop tools;
that some operations are, the same in both foundry f department and
' U A W -C I 0 and the Machinists Union submitted to the Field Examiner and Trial
Examiner , respectively , cards of membership and authorization dated in May and June
1942, bearing names of employees in the appropriate unit only The U A W -C I. O.
submitted 17 cards, all bearing apparently genuine signatures of, persons whose names appear
on the Company's pay roll of Junie•14, 1942, and,the Machinists Union submitted 13 cards,
10 bearing apparently genuine signatures of persons whose names appear on the Company's
pay roll of July 14. 1942
The Molders Union submitted to' the Field Examiner 19 dues books paid • up through
April, May, and June, 1942, bearing the names of 'all of•the foundry department employees
appearing on the June' 14, 1942, pay roll
A statement of the Field Examiner, in evidence, indicates that the pay ion for the
period ending June, 14, 1942, listed 64 employees, of «hom 19 were foundry department
employees and 29 were in the so -called production and maintenance unit excluding foundry
emplo3ees, the unit hereinafter found to be appropriate It appeals that the July 14,
1942,' payroll listed a--totaltiof only,,54,:employees, with 17 (excluding supervisors) in the
foundry depaitment and 20 in the appropriate unit. ,
THE HUTCHINSON FOUNDRY & STEEL COMPANY 283
machine shop ; and that some helpers (but no skilled employees) have
been transferred from foundry department to machine shop, and vice
versa. -
It appears that as long as the Company has been in existence its
foundry department employees have been represented by the Molders
Union and that neither the Machinists Union nor the U. A. W.-C. I. O.
has ever attempted to bargain on behalf of foundry department
employees. The Molders Union claims that it is already recognized as
bargaining representative for the foundry department employees, and
its claim has been disputed by none of the parties in this proceeding.
We find that all production and maintenance employees of the
Company, including employees in the machine shop, blacksmith shop,
structural steel shop, machinery department, and truck driver, but
excluding foundry department employees, watchmen, office employees,
salesmen, and supervisory employees, 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 the employees
in the appropriate unit who were employed during the pay-roll period
immediately preceding the date of our Direction of Election herein,
subject to the limitations and additions set forth in the Direction.
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 Relations
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 to ascertain representa-
tives for the purposes of collective bargaining with The Hutchinson
Foundry & Steel Company, Hutchinson, Kansas, 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 su-
pervision of the Regional Director for the Seventeenth Region, acting
in this matter as agent for the National Labor Relations Board, and
subject to Article III, Section 9, of said Rules and Regulations, among
the employees of the Company 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 employees
who did not work during said pay-roll -period because they were ill
or on vacation or in the active military service or training of the
284 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
United States, or temporarily laid off, but excluding employees who
have since quit or been discharged for cause, to determine whether
they desire to be represented by International Union, United Automo-
bile, Aircraft & Agricultural Implement Workers of America, C. I. 0.,
or by International Association of Machinists, A. F. of L., for the
purposes of^collective bargaining, or by neither.
Mn. GERARD D. REILLY took no part in the consideration of the
above Decision and Direction of Election. '
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