Warman Steel Casting Co.

National Labor Relations Board - Board Decisions

Mar 17, 1941

30 N.L.R.B. 370 (N.L.R.B. 1941)

In the Matter Of WARMAN STEEL CASTING COMPANY and STEEL WORK-
ERS ORGANIZING COMMITTEE , LOCAL NO. 2018, C. I. O.
Case No. R-2353.-Decided March 17, 1041
Jurisdiction : steel casting manufacturing industry.
Investigation and Certification of Representatives : existence of question: refusal
to accord union exclusive recognition until it was certified by the Board ;
election necessary.
Unit Appropriate for Collective Bargaining : production and maintenance em-
ployees excluding foremen, supervisory employees, and watchmen ; agreement
as to.
Latham & Watkins, by Mr. Paul R. Watkins, of Los Angeles, Calif.,
for the Company.
Mr. John Despol, of, Los Angeles, Calif., for the Union.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On January 9, 1941, Steel Workers Organizing Committee, Local
2018, C. I. 0., herein called the Union, filed with the Regional Di-
rector for the Twenty-first Region (Los Angeles, California) a pe-
tition alleging that a question affecting commerce had arisen
concerning the representation of employees of Warman Steel Casting
Company, Vernon, California, herein called the Company, and re-
questing an investigation and certification of representatives pursuant
to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449,
herein called the Act. On February 12, 1941, the National Labor Re-
lations Board, herein called the Board, acting pursuant to Section
9 (c) of the Act and Article III, Section 3, of National Labor Rela-
tions Board Rules and Regulations-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 February 17, 1941, the Regional Director issued a notice of hear-
ing, copies of which were duly served upon the Company and the
30 N. L. R. B., No. 55,
370
WARMAN STEEL CASTING COMPANY 371
Union. Pursuant to notice, a hearing was held on February 26, 1941,
at Los Angeles, California, before David Sokol, the Trial Examiner
duly designated by the Chief Trial Examiner. The Company was
represented by counsel, the Union by its representative; both partic-
ipated in the hearing. Full opportunity to be heard, to examine and
cross-examine witnesses, and to introduce evidence bearing on the
issues was afforded all parties. During the course of the hearing the
Trial Examiner made several 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 in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY,
Warman Steel Casting Company is a California corporation en-
gaged in the steel foundry business and in the manufacture of steel
casting at Vernon, California. During 1940 the Company purchased
raw materials valued at approximately $120,000, about $30,000 worth
of which were purchased by it from points outside the State of Cali-
fornia. During the same period the Company sold finished prod-,
acts valued at about $506,000, approximately $6,600 worth of which
represented sales made by it to points outside the State of California.
The Company employs approximately 155 employees.
II. THE ORGANIZATION INVOLVED
Steel Workers Organizing Committee, Local No. 2018, is a' labor
organization affiliated with the Congress of Industrial Organizations.
It admits to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On January 8, 1941, the Company refused to grant exclusive recog-
nition. to the Union until it was certified as exclusive representative
of its employees by the Board. A statement of the Regional Director,
introduced in evidence at the hearing, shows that the Union repre-
sents a substantial number of employees in the unit alleged by it to
be appropriate.'
' The Regional Director's statement shows that 56 employees whose names appear on
the Company's pay roll of January 27, 1941, have signed membership application cards
in the Union All these cards are dated after November 1, 1940 There are approximately
132 employees in the alleged appropriate unit
440135-42-Vol 30--25
372 DECISIONS 'OF NATIONAL LABOR RELATIONS 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, 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.
V. THE APPROPRIATE UNIT
The Company and the Union agreed at the hearing that the appro-
priate unit should consist of all production- and maintenance em-
ployees of the Company, excluding foremen, supervisory employees,
executives, office employees, and watchmen. We see no reason for
departing from such unit.
We find that all production and maintenance employees of the
Company, excluding foremen, supervisory employees, executives, of-
fice employees, and watchmen, constitute 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-or-
ganization and to collective bargaining and otherwise effectuate the
policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
We find that the question concerning representation which has
arisen can best .be resolved by an election by secret ballot. We find
that the employees of the Company eligible to vote in the election
shall be those employees in the appropriate unit who were employed
during the pay-roll period immediately preceding the date of the
Direction of Election herein, with the inclusions and exclusions -stated
in our Direction hereinafter.
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 the repre-
sentation of employees of Warman Steel Casting Company, Vernon,
WARMAN STEEL CASTING COMPANY 373
California , 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,
excluding foremen , supervisory employees , executives , office employees,
and watchmen , constitute a unit appropriate for the purposes of col-
lective bargaining , within the meaning of Section 9 ( b) of the National
Labor Relations Act.
ti
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 authorized by the Board
to ascertain representatives for the purposes of collective bargaining
with Warman Steel Casting Company, Vernon, California, an elec-
tion 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 Twenty-
first 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 production and maintenance employees
of the Company who were employed during the pay-roll period im-
mediately preceding the date of this Direction, including employees
who did not work during such pay-roll period because they were ill
or on vacation or absent because called for military service, and em-
ployees who were then or have since been temporarily laid off,-but
excluding foremen, supervisory employees, executives, office employees,
watchmen, and employees who have since quit or been discharged
for cause, to determine whether or not they desire to be represented
by Steel Workers Organizing Committee, Local No. 2018, affiliated
with the Congress of-Industrial Organizations, for the purposes of
collective bargaining.
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