Woodruff & Edwards, Inc.

National Labor Relations Board - Board Decisions

Feb 15, 1943

47 N.L.R.B. 603 (N.L.R.B. 1943)

In the Matter of, WOODRUFF & EDWARDS, INC. and INTERNATIONAL
MOLDERS & FOUNDRY WORKERS UNION OF NORTH AMERICA, AFFILIATED
WITH THE A. F. OF L.
Case No. •R-4833.-Decided•February •15, 1943
Jurisdiction : castings manufacturing industry.
Investigation and Certification of Representatives : existence of question: re-
fusal to accord petitioner recognition ; election necessary.
Unit Appropriate for Collective Bargaining : production and maintenance em-
ployees, excluding guards, supervisors , non-working foremen, office employees,
clerical employees, truck drivers, and high school students ; stipulation as to.
Fyffe d Clarke, by Mr. John Harrington, of Chicago, Ill., for the
Company.
Mr. William Lorenz, of Chicago, Ill., for the Union.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by International Molders & Foundry -
Workers Union of North America, affiliated with the A. F. of L.,
herein called the Union, alleging that a question affecting commerce'
had arisen concerning the representation of employees of Woodruff
& Edwards, Inc., Elgin, Illinois, herein called the Company, the
National Labor Relations Board provided for an appropriate hearing
upon due notice before Robert T. Drake, Trial Examiner. Said hear-
ing was held at Chicago, Illinois, on February 4, 1943. The Company
and the Union appeared, participated, and were afforded full oppor-
tunity to be heard, to examine and cross-examine witnesses, and to
introduce evidence bearing on the issues. The Trial Examiner's rul-
ings 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:
FINDINGS OF FACT
. I. THE BUSINESS OF THE COMPANY
Woodruff & Edwards, Inc., is a Delaware corporation with its prin-
cipal place of business at Elgin, Illinois, where it is engaged in the
47 N. L. R. B., No. 79. -
603
604 DECISION'S OF NATIONAL LABOR RELATIONS BOARID
manufacture, sale and distribution of grey iron and non-ferrous cast-
ings. During 1942, the Company purchased raw materials valued at
,about $500,000, approximately 80 percent of which was-shipped to it
from points outside the State of Illinois. During the same period the
Company sold finished products valued in excess of $1,000,000, approxi-
mately 75 percent of which was 'shipped to points outside the State
of Illinois.
II. THE ORGANIZATION INVOLVED
International Molders "& Foundry Workers Union of North Amer-
ica is a labor organization affiliated with the American Federation of
Labor, admitting to membership employees of the Company.
III.'THE QUESTION CONCERNING REPRESENTATION
On January 10, 1943, the Union requested. the Company to recognize
it as the exclusive representative of the Company's employees. The
Company refused this request.
A- statement of the Regional Director, introduced into evidence
during the hearing, indicates that the Union represents a substan-
tial number of employees in the unit hereinafter found to be
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 National Labor
_Relations Act.
IV. THE APPROPRIATE UNIT
We find, in accordance with a stipulation of the parties, that all
production and maintenance employees of the Company, excluding
guards, supervisors, non-working foremen, office employees, clerical
employees, truck drivers, and high school students, 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 means of an election by secret ballot among
the employees-within the appropriate unit who were employed during
the pay-roll period immediately preceding the (late of the Direction of
Election herein, subject to the limitations and additions set forth'in
the Direction.
1 The Regional Director reported that the Union presented 111 authorization cards
bearing apparently genuine signatures of persons'ehose names appear on the Company's
pay roll of January 22 , 1943. There are approximately 194 employees in the appropriate
unit.
WOODRUFF & EDWARDS, INC.
DIRECTION OF ELECTION
605,
By virtue of and pursuant to the powerwested 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 Rela-
tions Board Rules and Regulations-Series 2, as amended, if is hereby
DiREcTED that , as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Woodruff &,Ed-
wards, Inc., Elgin , Illinois , an election by secret ballot . shall be con-
ducted 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 Thirteenth Region, acting in this matter as
agent for the National Labor Relations Board, and subject to Article
III, Section 10, of. said Rules and Regulations , among the employees
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 , including any such employees who did not work during
said pay-roll period because they were ill or on vacation or tempo-
rarily laid off , and including employees in the armed forces of the
United States who present themselves in person at the polls , but ex
eluding any who have since quit or been discharged for cause , to deter-'
mine whether or not they desire to be represented by International
Molders & Foundry Workers Union of North America , affiliated with,,
the A . F. of L., for the purposes of collective bargaining.
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