Vulcan Mold and Iron Co.

National Labor Relations Board - Board Decisions

Jul 10, 1945

62 N.L.R.B. 1219 (N.L.R.B. 1945)

In the Matter Of VULCAN MOLD AND IRON COMPANY and INTERNATIONAL
UNION, UNITED AUTOMOBILE, AIRCRAFT AND AGRICULTURAL IMPLE-
MENT WORKERS OF AMERICA, LOCAL 758 (CIO)
Case No. 6-R-1153.-Decided July 10, 1945
Messrs. Charles E. Walker and Marcus G. Riddell, of Latrobe, Pa., for
the Company.
Mr. Charles S. Rigby, of Cleveland, Ohio, and Messrs. Walter Gebicki
and Frank Sherbuck, of Latrobe, Pa., for the UAW.
Mr. Sidney Grossman, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by International Union, United Automobile,
Aircraft and Agricultural Implement Workers of America, Local 758
(CIO), herein called the UAW, alleging that a question affecting commerce
had arisen concerning the representation of employees of Vulcan Mold and
Iron Company, Latrobe, Pennsylvania, herein called the Company, the
National Labor Relations Board provided for an appropriate hearing upon
due notice before Allen Sinsheimer, Jr., Trial Examiner. Said hearing was
held at Greensburg, Pennsylvania, on May 9, 1945. The Company and the
UAW appeared and participated. All parties' were afforded full opportunity
i Local 72, International Brotherhood of Foundry Employees , hereinafter called Local 72, a labor
organization which formerly represented the Company's employees pursuant to a contract , did not
appear . At the hearing the Company objected to the alleged failure on the part of the Regional
Director to serve Local 72 with notice of hearing The record discloses that on April 13 and May 3,
iespectively , notice of the filing of the petition and notice of healing were served by registered mail
upon S . J Zehala, the last known regional representative of Local 72 and vice president of the
International . At the hearing it developed that Zehala , unknown to the Regional Director, had
resigned his offices in March 1945 No other officer ' of Local 72 or the International was served
with formal notice of this proceeding However, the record shows that on April 2, following the
expiration of the contract between Local 72 and the Company, the members of Local 72 voted to
dissolve their organization . The officers of Local 72 resigned and became officers of the UAW; and
the International was notified on April 17 of the local ' s dissolution . Inasmuch as Local 72 has
evidently ceased to exist, we conclude that it has not been prejudiced by the alleged failure to
receive notice of hearing . However, in order to insure that the International not be prejudiced in
this proceeding , we shall serve it with a copy of the Decision and Direction of Election , and reserve
to it the right to intervene by means of an appropriate motion filed with the Regional Director within
5 days fiom the date of the Decision and Direction of Election
62 N. L. R B, No 161.
1219
1220 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 All parties
were afforded an opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
'Vulcan Mold and Iron Company, a Pennsylvania corporation, is engaged
in the manufacture of ingot molds for use in the manufacture of steel, cop-
per, brass, and aluminum products, at its Latrobe, Pennsylvania, plant.
During the past 12 months, the Company purchased raw materials for use
at its Latrobe plant in excess of $1,000,000 in value, of which approximately
60 percent was secured from sources outside the Commonwealth of Pennsyl-
vania. During the same period, the Company sold finished products manu-
factured at its Latrobe plant in excess of $2,500,000 in value, of which
approximately 75 percent was shipped to points outside the Commonwealth
of Pennsylvania.
The Company admits that it is engaged in commerce within the meaning
of the National Labor Relations Act.
H. THE ORGANIZATION INVOLVED
International Union , United Automobile , Aircraft and Agricultural Im-
plement Workers of America , Local 758, affiliated with the Congress of
Industrial Organizations , is a labor organization admitting to membership
employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On April 1, 1944, the Company and Local 72, International Brother-
hood of Foundry Employees, entered into a collective bargaining agreement
for a period of 1 year. The agreement contained the usual automatic renew al
clause providing 35 days' notice. Prior to the operative date of the renewal
clause, Local 72 notified the Company by letter, dated February 21, 1945,
of its desire to terminate the agreement as of the date of its expiration In
its response of February' 26, 1945, the Company, pursuant to the terms of
the agreement, invited Local 72 to submit proposed changes thereto in the
event negotiations for a renewal were contemplated. Thereafter, on April
5, 1945, a committee representing the Company's employees advised the
Company of the employees' plan to affiliate with the UAW and requested
that a consent election be held. The Company suggested that they petition
the Board for the purpose of establishing their position; at the hearing, it
refused to grant recognition to the UAW.-
2 Following the dissolution of Local 72, no person manifested an interest in the continuance of
its status as bargaining representative of the Company's employees The Company does not now
urge that its agreement with Local 72 precludes a present determination of representatives
VTJLCAN MOLD AND IRON COMPANY 1221
A statement of a Board agent, introduced into evidence at the hearing,
indicates that the UAW 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
The UAW requests a unit consisting of all production and maintenance
employees at the Company ' s Latrobe , Pennsylvania , plant , excluding office
and clerical employees , the plant engineer , the plant superintendent, night
superintendent , master mechanic , chief electrician , production machine shop
foreman , labor foreman , chief inspector , and all other supervisory employ-
ees. The Company generally agrees with the composition of the unit pro-
posed by the UAW. However , the parties are in dispute as to the inclusion
or exclusion of the categories discussed below.
Head storekeeper, pattern shop supervisor , mechanical foreman, and
foremen of the melting and the finishing departments The UAW regards
these employees as working group leaders who, unlike other supervisory
employees, devote a substantial portion of their time to manual labor in
their respective departments , and, therefore , would include them in the unit.
The Company would exclude them as supervisory employees The record
discloses that these employees direct the work of from approximately 3 to
25 employees , devote from 15 to 85 percent or more of their time to super-
vision, and , with the exception of the pattern shop supervisor , earn a sub-
stantially higher rate of pay as salaried employees than the other employees
in their departments. The pattern shop supervisor earns the same hourly rate
as the two other employees classified as pattern makers in his department,
because of his doubtful status, he was regarded as encompassed in the
previous contract unit. However , the evidence reveals that he directs the
work of 8 employees , devotes over 50 percent of his time to supervision,
and his recommendations as to the transfer of other employees have been
accepted by the Company . Although some of these employees perform man-
ual labor as part of their regular duties , and others may do so of their own
volition, all possess authority effectively to recommend the hire , discharge,
transfer , or discipline of those under them. Since the head storekeeper, the
pattern shop supervisor , mechanical foremen , and foremen of the melting
and the finishing departments possess supervisory authority within the
meaning of our customary definition, we shall exclude them from the unit.
'The Field Examiner reported that the UAW submitted 274 applications for membership cards,
of which 268 applications iepiesented the names of persons appe.umg on the company pay roll,
and that of the applications submitted, 97 bore dates in Maich 1945 and 177 in April 1945 in an
alleged appropriate unit consisting of 294 employees
1222 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
s
Production clerks The UA\\i would include the three production clerks
who report daily to the supervisor of production planning , the Conipanv
would exclude these employees as clericals and also regards them as man-
agerial for the reason that they gather information pertaining to produc-
tion. The production clerks prepare production schedules and check the
production flow in certain departments in the plant, maintain periodic
inventory records of such production. report the reasons for any interrup-
tion in the production process, and in some instances act as expediters.
Although most of their instructions emanate from the supervisor of produc-
tion planning in the main office building, 75 percent of their time is spent
in the plant where they collect data relating to production, and the balance
of their time is spent in the plant superintendent's office where they prepare
their reports and also receive part of their instructions. Unlike the office
employees who are salaried,.the production clerks are hourly paid. Notwith-
standing the Company's position regarding these employees, it admits that
they more appropriately fall within a production and maintenance unit.
It is evident that the duties and interests of the production clerks are closely
aligned to those of the production employees; we shall, therefore, include
them in the unit.'
Storekeepers and watciniten The UAW would include, and the Com-
pany would exclude, the employees classified as storekeeper and watchman.
The Company regards these employees as clerical and managerial for the
reason that a substantial portion of their time is devoted to clerical duties
and they exercise control over valuable materials and supplies A store-
keeper is assigned to a storeroom on each of the Company's three shifts
As hourly employees, they are under the supervision of the head store-
keeper who in turn is responsible to the purchasing agent, As part of their
responsibilities, they check the receipt of materials against purchase orders,
issue tools , supplies, and materials to. other employees, and advise the head
storekeeper of stores needed for replenishment. In addition; they act as gate-
keepers, devote about an hour and a half of their time daily as watchmen
and on Sundays make regular plant rounds in such capacity. They do not
possess any supervisory authority nor, in our opinion, do they perform
any functions that are managerial in character As admitted by the Com-
pany, they are properly part of the production and maintenance unit. It is
therefore clear that these employees, performing their duties in the plant
under working conditions similar to those of production employees, should
be included in the unit as plant clericals ; accordingly, we shall include the
storekeepers and watchmen.'
Shipping clerk • The UAW would include the shipping clerk who is
* See Matter of Goodman Manufacturing Corporation, 58 N L R B 531,' Matter of Chi, ago
Rawhide Manufacturing Company, 59 N L R B 1234; Matter of Kearney & Trecker Corporation,
60 N L. R B. 148.
5 See Matter of Carbide and Carbon Chemicals Corporation, 57 N L R B 783
VULCAN i\iOLl) AND IRON COMPANY 1223
responsible for all shipments made by the Company. The Company would
exclude him as a clerical employee. His duties largely consist of arranging
for shipping facilities, maintaining various shipping records, and assigning
shipping rates to the orders. Although he reports to the supervisor of pro-
duction planning, he spends most of his time in the shipping office in the
plant and the balance of his time in the factory. Like the production and
maintenance employees, he earns an hourly rate. The record does not dis-
close that he possesses any supervisory authority. Although his duties are
predominantly clerical in character, we are of the opinion that they are
sufficiently identifiable with those of the production and maintenance em-
ployees to warrant his inclusion in the unit; we shall, therefore, include
the shipping clerk.'
Superintendent's clerk: The UAW would include the superintendent's
clerk who works the major portion of his time under the plant superintend-
ent and part of his time under the master mechanic. Although the Company
would exclude him as a clerical employee for the reason that he devotes
about 60 percent of his time to clerical work, it is of the opinion that he
equally could be included in the production and maintenance unit. As an
hourly paid employee, the superintendent's clerk performs a variety of
miscellaneous duties in the plant largely routine in character ; he transmits
time cards and overtime slips bearing supervisors' signatures to the account-
ing office, prepares work schedules under the direction of foremen, com-
piles reports relating to part of the plant operations, and prepares samples
which he delivers to the office for eventual testing. The record does not
disclose that he bears such close relationship with any managerial employee
as to warrant the conclusion that his duties may be associated with,matters
pertaining to labor relations. Since the work of the superintendent's clerk
is concerned with operations in the plant, we shall include him in the unit.
Inspectors: The UAW would include the three hourly paid inspectors
who are responsible to the chief inspector. The Company would exclude
them as managerial employees. It employs an inspector on each of its three
shifts whose duties consist of inspecting the finished products for size and
finish. While they may reject the product or suggest modifications thereof,
their primary function is to subject to scrutiny the product, not the worker.
Their recommendations therefore cannot be characterized as supervisory or
managerial in character. We discern no reason for separating the inspectors
from the other production and maintenance employees with which they
have been associated for collective bargaining purposes during the past 5
years. Accordingly, we shall include the inspectors in the unit'
We find that all production and maintenance employees of the Company
at its Latrobe, Pennsylvania, plant, including inspectors, storekeepers and
6 See Matter of Kearney & Trecker Corporation, 60 N. L R B 148
Matter of Allis Chalmers Manufacturing Company, 61 N L R B 631
1224 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
watchmen, production clerks, the shipping clerk, and the superintendent's
clerk, but excluding all other clerical employees and office employees, the
plant engineer, the plant superintendent, night superintendent, master me-
chanic, chief electrician, melting department foremen, finishing department
foremen, mechanical foremen, the head storekeeper, the pattern shop
supervisor, the production machine shop foreman, the labor foreman, the
chief inspector, and all 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 appropri-
ate for the purposes of collective bargaining, within the meaning of Section
9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVE
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 immedi-
' ately preceding the date of the Direction of Election herein, subject to the
limitations and additions set forth in the Direction.
The Company has in its employ approximately l8 high school students
who work after school. The UAW requests that such employees be permit-
ted to vote. The Company regards the students as temporary employees
because of the high rate of turn-over among them, and, therefore, opposes
the CIO's request. Although these employees regularly work 4 hours per
day and full time on Saturdays, they generally average but 20 hours per
week as a result of absenteeism During their summer vacation they
ordinarily work as regular full-time employees. The record discloses that
they earn the same wage rate as employee's occupying comparable positions,
and accumulate seniority and acquire the same employment status as the
full-time employees in the plant. In view of their employment as regular
part-time workers and their substantial interest in employment conditions
in the plant, we shall, in accordance with our usual custom, permit the
part-time employees to participate in the election ; accordingly, we hold
that they are eligible to vote.'
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 9, of National Labor Relations Board
Rules and Regulations-Series 3, as amended, it is hereby
DIRECTED that, as part of the, investigation to ascertain representatives
for the purposes of collective bargaining with Vulcan Mold and Iron Coin-
8 Matter of Hi-Alloy Castings Company, 60 N. L. R. B 488.
VULCAN MOLD AND IRON COMPANY 1225
pany, Latrobe, Pennsylvania, 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 supervision of the Regional Director
for the Sixth 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 im-
mediately preceding the date of this Direction, including regular part-time
employees, and employees who did not work during 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 have since quit or been dis-
charged 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 International Union, United Automobile, Aircraft and Agricultural
Workers of America, Local 758, affiliated with the Congress of Industrial
Organizations, for the purposes of collective bargaining"
CHAIRMAN HERZOG took no part in the consideration of the above Deci-
sion and Direction of Election.
10 The request of the UAW to be designated on the ballot other wise than as designated above is
hereby directed to the Regional Director to whom the Board has delegated discretionary authoitty
m matters ielatmg to the conduct of the election.