Ampco Metal, Inc.

National Labor Relations Board - Board Decisions

Jul 17, 1942

42 N.L.R.B. 581 (N.L.R.B. 1942)

Iii the Matter of AMPCO METAL, INC. and PATTERN MAIclns LEAGUE OF
NORTH AMERICA, MILWAUKEE ASSOCIATION (A F of L.)
Case No R-3989.Decided July 17,194
Jurisdiction : castings manufacturing industry -
Investigation and Certification of Representatives : existence of question • dis-
- pute as to appropriateness of unit, election necessary
Unit Appropriate for Collective Bargaining : pattern makers and pattern maker
apprentices held to constitute an appropriate unit in view of piior history of
collective bargaining, nature of their duties, and recognition of their separate-
ness from other employees by industiial union which, although claiming to
represent them by reason of poor determination by Board, excluded them
from closed-shop provision of contract with Company
Mr. Stephen M Reynolds, for the Board.
Mr. C. J. Zaizer and Mr. G. K. Dreher, of Milwaukee; Wis., for the
Company.
Mr. Roy E Rogers, of Hammond, Ind, and Mr. John D. Maher, of
Milwaukee, Wis, for the PML
Mr. James E. Coleman, of Milwaukee, Wis, for the Association.
Mr. Mozart G. Ratner, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by the Pattern Makers League of North
America, Milwaukee Association (A F. of L), herein called PML,
alleging that a question affecting commerce had arisen concerning
the representation of the employees of Arnpco Metal, Inc , Milwaukee,
Wisconsin, herein called the Company, the National Labor Relations
Board provided for an appropriate hearing upon due notice before
Robert F. Koretz, Trial Examiner Said hearing was held at Mil-
waukee, Wisconsin, on June 25, 1942 The Company, the PML,, and
the Employees' Mutual Benefit Association of Ampco Metal, Inc.,
herein called the Association, 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
Examiner's rulings made at the hearing are free from prejudicial
error and are hereby affirmed.
42 N L R B, No 120
581
582 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Ampco Metal, Inc., is a Wisconsin corporation, engaged in the
manufacture and machining of special alloy castings at Milwaukee,
Wisconsin. Between January 1 and June 1, 1942, the Company pur-
chased raw materials amounting to $827,260 67, all of which were
shipped to the plant in Milwaukee from points outside-the State of
Wisconsin. Between January 1 and June 20, 1942, the Company had
sales of $6 ,070,304.40, of which 95 5 percent represented shipments to
points outside the State of Wisconsin. The Company admits that
it is engaged in commerce within the meaning of the National Labor
Relations Act.
H. THE ORGANIZATIONS INVOLVED
Pattern Makers League of North America, Milwaukee Association,
is a labor organization affiliated with the American Federation of
Labor, herein called the A. F. L. It admits to membership pattern
makers and pattern makers' apprentices who have served 1 year of
their apprenticeship.
Employees Mutual Benefit Association of Ampeo Metal, Inc., is an
unaffiliated labor organization, admitting to membership employees
of the Company who have been employed for 60 days or more and
who are employed on an hourly or piece-work basis.
III. THE QUESTION CONCERNING REPRESENTATION
On June 18, 1940, the Association filed a petition with the Board, as
a result of which a hearing was held on September 30, 1940. The
Board, on January 13, 1941, issued a decision 1 in which it found that
all production and maintenance employees of the Company constituted
an appropriate unit for collective bargaining and directed an election
to determine whether the employees of the Company in this unit desired
to be represented by the Association or by the A. F. L 2 for the purposes
of collective bargaining, or by neither. In this election, the Associa-
tion was chosen exclusive bargaining agent for the Company's em-
ployees 3 and the Company thereupon entered into an exclusive bar-
'Matter of Ampco Metal , Incorporated and Ampco Employees ' Mutual Benefit Associa-
tion, 28 N L R B 1227
2 Four A F L unions ( the I A M, the Moulders, the Polishers , and PML ) were given
the option of appearing on the ballot bracketed under the A F L Whether or not this
option was exercised is not clear
3 The Board certified the Association as such representative on February 27, 1941 Id
29 N L R B 1132 It was testified at the hearing that the pattern - makers did not
participate in this election because the PML was not on the ballot
AMPCO METAL, INC. 583
gaining contract with the Association. In November 1941, the PMVIL
requested the Company to negotiate with it concerning the working
conditions of the pattern makers The Company refused to comply
with this request because of its contract with the Association
On April 13,1942, the Association, the Company, and Steel Workers
Organizing Committee consented to an election which was held under
the auspices of the Regional Dii ector for the Twelfth Region to deter-
mine whether the employees of the Company wished to be repre-
sented by the S W. O. C. or by the Association for the purposes of
collective bargaining. The election was held on April 13, 1942, and
the Association was chosen exclusive bargaining agent for the em-
ployees of the Company. On April 15, 1942, the petition herein was
filed On May 1, 1942, the Company entered into an exclusive bar-
gaining contract with the Association, this contract providing for a
closed shop.
The Association contends that no question concerning representa-
tions exists because of the Board's previous determination that an in-
dustrial unit was appropriate and because the Company entered into
exclusive bargaining contracts with the Association based upon that
determination It urges also that the petition be dismissed because
the PML did not intervene ifi the consent election between the
S W 0 C and the Association on April 13,1942.
The PML maintains that, although it was admittedly in receipt
of adequate notice of the Board hearing on September 30, 1940, it
was inadequately represented therein by an unauthorized and incom-
petent representative. It further states that it was not notified of
the pendency of the consent election between the S W. O. C.` and
the Association sufficiently in advance thereof to enable it to inter-
vene, and that immediately prior to the election the PML notified`
the Board's representative that it intended to file a petition for the
separation of the pattern makers from the plant-wide unit. Under
these circumstances, and for the reasons stated in Section IV below,
the motion to dismiss is hereby denied.
The PML introduced into evidence at the hearing membership
cards and records showing that it represents a substantial number
of employees in the collective bargaining unit hereinafter found to be
appropriate 4 The Association introduced no evidence that any pat-
tern maker or apprentice pattern maker was a member of that
organization. -
4 These membership cards and records showed that 8 Journeymen pattern makers and 2
apprentice pattern makers employed by the Company were members of the League Dates
of their initiation into membership ranged from June 1937 to April 1942 There are 16
employees in the pattern shop of whom 8 aie journeymen pattern makers , 4 are apprentice
pattern makers , and 4 are shellackers It was testified at the hearing that the total em-
ployment at the Company ' s plant is in excess of 1200 excluding office workers and salesmen.
584 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
We find that _a question 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
The PML claims that a unit composed of the pattern makers and
pattern maker appientices employed by the Company is appropriate
for the purposes of collective bargaining The Association contends
that the plant -wide unit previously found appiopi rate by the Board
remains appropriate The Association further requested , however,
that should the unit requested by the PML be deemed appropriate,
the two apprentices , who are not as yet eligible fm membership in
the PML should be excluded from the unit . The Company has taken
a neutral position but has stated that it would prefer a single con-
tract covering all of its employees
The history of collective bargaining at the Company 's Milwaukee,
Wisconsin , plant indicates that the pattern makeis constitute a unit
appropriate for collective bargaining On June 1, 1937, the Company
entered into a joint agreement with the Mouldeis and the I A. M.
for 1 year with piovision for automatic ienewal thereafter until
such time as thirty ( 30) days' notice of termination or modification
should be given by either party On July 1, 1939, the same parties
entered into a second agreement , substantially similar to the first,
which was in effect at the time of the Board's decision on January
13, 1941 The PML was one of the conti acting groups under these
contracts and bargained for the pattern makers during the life of
the contracts Between June 5, 1939, and August 15, 1940, the Com-
pany negotiated with the PML with respect to ovei time rates and
with respect to the Company 's piofit-sharing plan as it affected the
pattern makers; as a result of these negotiations the PML succeeded
in securing two variances from the terms of the agreement . Further-
more, the Association has recognized , by exempting pattern makers
from the closed -shop provision of the 1941 contract between the
Association and the Company,5 that the pattern makers constitute a
group separate from the other employees of the Company.
Pattern makers constitute a well established , clearly identified and
highly skilled craft requiring a long apprenticeship They can, and
often - do, move from one plant or type of industrial activity to
a The clause in the contract reads "It is understood and agreed that all persons employed
by the Company shall , within thuty ( 30) days theteaftet join and remain members of
this Association except those employed by the Company in agicement with the bargaining
commtittee " The undeihned clause was inserted for the benefit of the pattern makers
and certain summer students and guards employed by the Compan 3 The 1942 contract
between the Association and the Company , entered into after the petition herein was filed,
contains no such exemption
AMPCO METAL, INC. 58 5
another, with no special training required to make the change.
Among other benefits which the PML provides its members, it acts
as an employment agency for unemployed pattern makers, a func-
tion particularly significant here since it appears that a reduction in
the number of pattern makers employed by the Company is con-
templated. • The record shows that there are at the present time
approximately eight jouineymen pattern makers and four apprentice
pattern makers employed by the Company whereas at the time of the
Board's decision of January 13, 1941, there were only three pattern
makers employed by the Company At the present time all the pat-
tern makers are members of the PML in good standing despite the
fact that the Association has been found to be the representative
of a unit which includes them The Association contends that the
pattern makers have been benefitted by the woik of the Association
in their behalf in that they received a wage increase of approximately
10 percent under the contract signed by the Association with the Com-
pany in 1941. It alleges that to permit separation of the pattern
makers might cause dissension among other groups of employees in
other departments of the Company which might desire to seek sep-
arate bargaining rights. However, in view of all the circumstances,
we are of the opinion and find that the pattern makers and all pat-
tern maker apprentices employed by the Company constitute a unit
appropriate for the purposes of collective bargaining within the mean-
ing of Section 9 (b) of the Act.e
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 this Dii ection of Elec-
tion, subject to the limitations and additions set forth in the
Direction Since the Association desires to participate in the elec-
tion and has bargained for the pattern makers, we shall accord the
Association a place on the ballot.
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-
See Matter of Bethlehem Steel Company, Sparrows Point Division and Baltimore Asso-
ciation of the Pattern Makers League of North America , 32 N L R B 1131 (Dis,
cussed in the Sixth Annual Report of the Board, p 64) See also, Matter of Bendix Prod-
ucts,Dxvastion of Bendix Aviation Corpoi atson and Pattern Makers League of North America,
South Bend Association , affiliated with the A F of L , 39 N L R B 81, Matter of Bethle-
hem Steel Company (Boston Yards ) and Pattern Makere League of North America (AFL),
39 N L R B 1230
586 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
tions 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 ordered by the Board
to ascertain representatives for the puiposes of collective bargaining
with Ampcb Metal, 'Inc , Milwaukee , Wisconsin, 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 Twelfth Region,
acting in this mattei 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 to be appi o-
priate in Section IV, above, employed during the pay-roll period
immediately preceding the date of this Direction of Election, includ-
ing employees who did not work during such pay-roll period because
they were ill or on vacation , or in the active military sei vice or ti ain-
Ing of the United States , or temporarily laid off, but excluding those
who have since quit or been discharged for cause, to determine whether
they desire to be represented by Pattern Makers League of North
America, Milwaukee Association (A F of L ), or by the Employees
Mutual Benefit Association of Ampco Metal , Inc, for the purposes of
collective bargaining , or by neither.
MR. • GERA1,D D REILLY took no part in the consideration of the
above Decision and Direction of Election.
IN THE MATTER OF AMPCO METAL, ENC and PATTERN MAKERS LEAGUE OF
NORTH AMERICA, MILWAUKEE ASSOCIATION (A. F. OF L.)
Case No. 3989
CERTIFICATION OF REPRESENTATIVES
August 11, 194
On July 17, 1942, the National Labor Relations Board, herein called
the Board issued a Decision and Direction of Election in the above-
entitled proceeding' Pursuant to the Direction of Election, an
election by secret ballot was conducted on July 25, 1942, under the
direction and supervision of the Regional Director for the Twelfth
Region (Milwaukee, Wisconsin) On July 27, 1942, the Regional
Director, acting pursuant to Ai title III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 2, as amended, issued
and duly served upon the parties an Election Report. No objections
to the conduct of the ballot or the Election Report have been filed by
any of the parties.
As to the balloting and the results thereof, the Regional Director
reported as follows :
Total onieligibility list-------------------------------------- 11
Total ballots cast------------------------------------------ 10
Total ballots challenged-------------------------------------- 0
Total blank ballots----------------------------------------- 0
Total void ballots------------------------------------------- 0
Total valid votes counted------------------------------------ 10
Votes cast for Pattern Makers League of North Ameiica,
Milwaukee Association (AFL) ----------------------------- 10
Votes cast for Employees Mutual Benefit Association of Ampco
Metal, Inc ----------------------------------------------- 0
Votes cast for neither-------------------------------------- 0
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 puisuant to Article III, Sections 8 and 9, of
National Labor Relations Board Rules and Regulations-Series 2, as
amended,
IT Is THEREBY CERTIFIED that Pattern Makers League of North Amer-
ica, Milwaukee Association, affiliated with the American Federation of
Labor, has been designated and selected by a majority of all pattern
1 42 N L R B 581
42 N L R B, No 120a
587
588 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
makers and pattern makers ' apprentices employed by Ampco Metal,
Inc, Milwaukee , Wisconsin, as their representative for the purposes
of collective bargaining and that pursuant to Section (9) (a) of the
National Labor Relations Act, Pattern Makers League of North
America, Milwaukee Association , affiliated with the American Federa-
tion of Labor, is the exclusive representative of all such employees for
the purposes of collective bargaining with respect to rates of pay,
wages, hours of employment , and other conditions of employment.