Connor Foundry Co.

National Labor Relations Board - Board Decisions

Jul 14, 1944

57 N.L.R.B. 363 (N.L.R.B. 1944)

In the Matter of-NEIL J. KUNST, LLOYD M. NORTON, AND LORETTA S.
KUNST, D/B/A CONNOR FOUNDRY COMPANY and INTERNATIONAL
MOLDERS AND FOUNDRY WORKERS OF NORTH AMERICA, LOCAL #213,
A. F. OF L.
Case No. 7-R-1779.-Decided July 14, 1944
Warned Norcross- d Judd, by Mr. Lawson E. Becker, of Grand
Rapids, Mich., for the Company.
Mr. Lester Campbell, of Grand Rapids, Mich., 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 and Foundry
Workers of North Americil, Local #213,' A. F. :of L., herein called
the ,Union, alleging that a question affecting -commerce had arisen
concerning • the representation of employees of Neil, J. Kunst, Lloyd
M. Norton, and Loretta S. Kunst, d/b/a Connor Foundry Company,
Grand-Rapids, Michigan, herein called the Company, the National
Labor' Relations Board provided for an appropriate hearing upon
due notice before Cecil Pearl, Trial Examiner. Said hearing was
held' at Grand Rapids, Michigan, on June, 22, 1944. The Company
and the Union appeared, participated, and wereafforded full oppoi•-
.tunity to be heard, to examine and cross-examine'witiiesses, and to
introduce evidence bearing on the issues. The Trial Examiner's rul-
ings made at the hearinb are free from 'prejudicial error and are
hereby affirmed. All parties were afforded opportunity to file briefs
with the Board. S S
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Connor Foundry Company is a copartnership with its principal
place of business at Grand Rapids, Michigan, where it is engaged in
57 N. L. R. B., No. 67..
363
364 DECISIONS OF NATIONAL LABOR RELATIONS BOARD '
the manufacture of grey iron, castings. Approximately.53 ,percent
of the raw materials used by the'Company"is shipped to it from"
points outside the State of Michigan. The Company sells products
valued in excess of $15,000, monthly, practically all of which-are
,shipped to points within the State of Michigan.
We find that the Company is engaged in ; commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
International Molders and Ft undry Workers of North America,
Local #213, is a labor organization affiliated with the American Fed-
eration of Labor, admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
During-Way "1944 the:Union requested the Company.,to recognize it
as the exclusive collective'bargaining representative of the Company's
employees. The Company refused this request until such time as the
Union is certified by the Board. '
On November 22, 1943; an election 'was held among the employees
of the Company involved herein.with only the Union on the ballot. A
majority of the,voters voted against the Union: The Company con-
tends that no election should-be held at this time, and that the petition
should•be dismissed, because of the short period that has elapsed since
the November 22, 1943, election. The, record shows that there are 40
employees in the'appropriate unit and that 'the Union has obtained 27
new authorization cards since the November 22, 1943, election. We find
the position taken by the Company to be untenable
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 agreement with a stipulation of the parties, that all em-
ployees of the Company, excluding office employees and all supervisory
employees with authority to 'hire, promote, discharge, discipline, or
otherwise effect changes in the status of employees, or effectively recom-
mend such' action, 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
' See Matter of Automatic Products Company; 40 N. L . R. B. 941.
CONNOR FOUNDRY COMPANY 365
the employees in the appropriate unit who were employed during the
pay-roll period immediately preceding the data of the Direction of
Election herein, subject to the limitations and additions set forth in
the Direction. -
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, it is-hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Neil J. Kunst,
Lloyd M.-Norton; and Loretta S. Kunst ,,d/b/a Connor Foundry Com-
pany, Grand Rapids,, Michigan , 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 Seventh Region, acting in'this matter as-
agent for the National Labor Relations Board, and ' subject to ,Art_ icle
III, Sections 10 and 11, of said Rules and Regulations , among 'the em-
ployees in the unit found appropriate in Section IV, above, who were
employed during the pay-roll period immediately preceding the date of
this Direction , including 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 discharged 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 Molders and
Foundry Workers of North America, Local #213, affiliated with the
American Federation of Labor , for the,, 'purposes of collective
bargaining.
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