The Western Foundry Co.

National Labor Relations Board - Board Decisions

Jun 1, 1942

41 N.L.R.B. 594 (N.L.R.B. 1942)

In the Matter of THE WESTERN FOUNDRY COMPANY ( HOLLAND,
MICHIGAN) and INTERNATIONAL UNION , UNITED AUTOMOBILE, AIR-
CRAFT & AGRICULTURAL IMPLEMENT WORKERS OF AMERICA , C. I. O.
Case No. R-3813.-Decided June 1, 194
Jurisdiction : iron castings manufacturing industry.
Investigation and Certification of Representatives : existence of question: re-
fused to accord petitioner recognition until certified by the Board ; election
necessary.
Unit Appropriate for Collective Bargaining : all production and maintenance
employees at the Company's Holland, Michigan, plant, excluding executives
and superintendents, foremen and assistant foremen, office and factory clerical
employees, shipping clerk, and watchmen ; stipulation as to.
119 'r. George Kamenow, of Detroit, Mich., Mr. Frank J. Biener, of
Holland, Mich., and Mr. Frank O'. O'Neil, of Chicago, Ill., for the
Company.
Mr. Leonard Woodcock and Mr. Clarence Dodds, of Muskegon,
Mich., for the Union.
Mr. Robert E. Tillman, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by International Union, United Automobile,
Aircraft & Agricultural Implement Workers of America, C. I. 0.,
herein called'the Union, alleging that a question affecting commerce
had arisen concerning the representation of employees of The Western
Foundry Company, Chicago, Illinois, herein called the Company, the
National Labor Relations Board provided for an appropriate hear-
ing upon due notice before Woodrow J. Sandler, Trial Examiner.
Said hearing was held at Holland, Michigan, on May 11, 1942. The
Company and the Union appeared, 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 Exam-
iner's rulings, made at the hearing, are free from prejudicial error and
are hereby affirmed.
Upon the entire record in the case, the Board makes the following :
41N L R B,No 116
594
THE WESTERN FOUNDRY COMPANY
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
595
The Western Foundry Company, an Illinois corporation, has its
principal office at Chicago, Illinois. It operates plants at Holland,
Michigan, and at Morris and Chicago, Illinois, where it is engaged
in the manufacture and sale of iron castings. Only the Holland plant
is involved in this proceeding. During the period from July 15, 1941,
to April 30, 1942, the Company purchased for use at this plant raw
materials and merchandise consisting principally of pig iron and coke,
valued at approximately $45,000, of which 90 percent was delivered
from points outside the State of Michigan. During the same period,
the Company sold products manufactured by its Holland plant valued
at approximately $90,000, of which approximately 60 percent was
shipped to points outside the State of Michigan.
The Company admits that in its operations at its Holland plant it
is engaged in commerce within the meaning of the National Labor
Relations Act. -
II., THE ORGANIZATION INVOLVED
International Union, United Automobile, Aircraft & Agricultural
Implement Workers of America, C. I. 0., is a labor organization, ad-
mitting to membership employees of,the Company. -
III. THE QUESTION CONCERNING REPRESENTATION
The parties stipulated that a question of representation affecting
commerce had arisen in that the Union requested the Company to recog-
nize it as the sole bargaining agent of the Company's Holland plant
employees, and that the latter refused such recognition unless and until
,the Union had been certified by the Board.
The Trial Examiner's statement, concerning his comparison of au-
thorization cards submitted by the Union with the Company's pay roll
,of April 25, 1942, indicates that the Union 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. -
IV. THE APPROPRIATE UNIT
We find, in accordance with a stipulation of the parties,' that all pro-
duction and maintenance employees of -the ,Company at its Holland
1 The Trial Examiner stated that the Union had submitted 28 authorization cards ; that
^25 bore apparently genuine, original signatures; and' that 14 of these are the names of
persons whose names are on the Company's pay roll for April 25 , 1942 , which contained
names of 26 persons within the appropriate unit
596 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
plant, excluding executives and superintendents, foremen and assist-
ant foremen,2 office and factory clerical employees, shipping clerk, aiid
watchmen, 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 find that the question concerning representation can best be
resolved by means of an election by secret ballot. The union requests
that eligibility to vote be determined by the pay-roll period immedi-
ately preceding the date of the hearing. We shall, however, adhere
to our usual practice, and shall direct that those eligible to vote shall
be the employees in the appropriate unit who were employed during the
,pay-roll period immediately preceding the date of our Direction of
Election, subject to the limitations and additions set forth therein.
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, 49 Stat. 449, 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 Western
Foundry Company, Chicago, Illinois, at its plant in Holland, Michi-
gan, 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
of Election, under the direction and supervision of the Regional Direc-
tor for the Seventh 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 all employees of the Company
in the unit found appropriate in Section IV, above, who were em-
ployed during the pay-roll period immediately preceding the date
of this Direction of Election, including employees who did not work
during such pay-roll' period because they were ill or on vacation or
in the active military service or training of the United States, or
temporarily laid off, but excluding those employees who have since
quit or been discharged for cause, to, determine whether or not they
desire to be represented by International Union, United Automobile,
Aircraft & Agricultural Implement Workers of America, C. I. 0., for
the purposes of collective bargaining. '
The parties further stipulated that the carpenter , who is foreman of maintenance,
and the core -room foreman are included in the designation "foremen and assistant fore-
men," and are excluded from the unit accordingly.