Crawfordsville Foundry Co.

National Labor Relations Board - Board Decisions

Apr 14, 1942

40 N.L.R.B. 526 (N.L.R.B. 1942)

In the Matter of CRAWFORDSVILLE FOUNDRY COMPANY and INTERNA-
TIONAL MOULDERS & FOUNDRY WORKERS UNION, LOCAL 372, A. F. OF L.
Case No. R-36,33.-Decided April 14, 1912
Jurisdiction : iron castings manufacturing industry.
Investigation and Certification of Representatives : existence of question: re-
fusal of Company to recognize union unless certified by the Board election
necessary.
Unit Appropriate for Collective Bargaining : all production and maintenance
employees at the Company's Crawfordsville, Indiana, plant, exclusive of super-
visory and clerical employees ; stipulation as to.
Mr. Fae Patrick, of Indianapolis, Ind., and Messrs. Harding cC
Harding, by Mr. Chase Harding, of Crawfordsville, Ind., for the
Company.
Mr. Stephen A. Miller, of Indianapolis, Ind., for the Union.
Mr. Fred A. Dewey, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF, THE CASE
On January 12, 1942, International Moulders & Foundry Workers
Union, Local 372, A. F. of L., herein called the Union, filed with the
Regional Director for the Eleventh Region (Indianapolis, Indiana)
a petition alleging that a question affecting commerce had arisen
concerning the representation of employees of Crawfordsville Foundry
Company, Crawfordsville, Indiana, herein called the Company,
and requesting 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 5, 1942, the National
Labor Relations Board, herein called the Board, acting pursuant
to Section 9 (c) of the Act and Article III, Section 3, of National
Labor Relations 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 March 9, 1942, the Regional Director issued a notice of hearing,
copies of which were duly served upon the Company and the Union.
40 N. L. R. B., No. 94.
526
CRAWFORDSVILLE' FOUNDRY COMPANY '527
Pursuant to notice, a hearing was held on March 17, 1942, at Craw-
fordsville, Indiana, before Robert D. Malarney, the Trial Examiner
'duly designated_by the Chief Trial Examiner. The Company and
the Union appeared by their representatives and participated 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. The Board has reviewed all rulings of the Trial Examiner
made at the hearing and finds that no prejudicial errors were com-
mitted. The rulings are hereby affirmed.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
The Company is an Indiana corporation with its main office in
Crawfordsville, Indiana. It is engaged in the manufacture and sale
of gray-iron castings. The machinery and equipment used in the
manufacture of the castings is obtained in Illinois, Missouri, Indiana,
and Ohio. 'The Company uses the following raw materials in connec-
tion with its manufacturing processes : pig iron, cast iron scrap, coke,
moulding sand, core sand, sand-blast sand, core oil, core binder, fac-
ings, partings,. grinding wheels, and fire clay. These materials are
obtained partly in Indiana and partly from Ohio and Illinois. In 1941
i lie Company obtained approximately 1,343.3 tons of raw iriaterials of
the approximate value of $25,512.19, from outside the State of Indiana.
During the same year it obtained approximately 2,056.65 tons of raw
materials and 2,740 gallons of oil within the State of Indiana, of the
total value of approximately $26,958.14. During 1941 the Company's
sales amounted to approximately $180,000, of which approximately
21/2 percent was shipped to customers outside the State of Indiana.
-During the last 6 months of 1941, approximately 31/2 percent of the
total sales for that period were shipped to points outside of Indiana,
the increased percentage being due to orders occasioned by the national
defense program.
H. THE ORGANIZATION INVOLVED
International Moulders & Foundry Workers Union, Local 372, affili-
ated with the American Federation of Labor, is a labor organization
.admitting to membership employees of the Company.
IN. THE-QUESTION CONCERNING REPRESENTATION
.On, or about November 13, 1941, the Union requested recognition
as the sole bargaining agent for employees of the Company and re-
528 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
quested the Company to recognize it as such bargaining agent and to
enter into negotiations. The Company refused so to recognize the
Union unless it is certified by the Board. A statement of the Regional
Director introduced in evidence at the hearing shows that the`Union
represents a substantial number of employees in the unit below found
appropriate."
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 abpve, 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 parties stipulated, and we find, that all production and main-
tenance employees at the Company's plant at Crawfordsville, Indiana,
excluding.supervisory and clerical employees, constitute a unit appro-
priate for the purposes of collective bargaining. - We further find that
said unit will insure to employees of the Company the full, benefit
of their right to self-organization and collective bargaining and
otherwise will 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 shall
direct that the employees of the Company eligible to vote in the elec-
tion shall be those in the appropriate unit who were employed during
the pay-roll period immediately preceding the date of the Direction of
Election herein, subject to the limitations and additions set forth in
the Direction.
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following :
i The statement of the Region's! Director shows that the Union presented 16 authorization
cards, which appeased to the Regional Diiector to bear genuine ougi nsl signatures, and
that 12 of the car ds bear the names of persons whose names axe on the Company's pay roll
of Febiuary 9, 1942 The Union also presented GS applications for membership dated as
follows, 1 in August 1941, 11 in November 1941, and 56 undated All of the signatures on
the application cards appeared to the Regional Director to be genuine and original and 46
of the 68 cards bear the navies of persons appearing on the pay soli above-mentioned.
There are approximately 72 employees in the appropriate unit
CRAWFORDSVILLE FOUNDRY COMPANY
CONCLUSIONS OF LAW
529 ,
1. A question affecting commerce has arisen concerning the rep-
resentation of employees of Crawfordsville Foundry Company,
Crawfordsville, Indiana, within the meaning of Section 9 (c) and Sec-
tion 2 (6) and (7) of the National Labor Relations Act.
2. All production and maintenance employees at the Company's
plant at Crawfordsville, Indiana, excluding supervisory and clerical
employees, constitute a unit appropriate for the purposes of collec-
tive bargainingrwithin the meaning of Section 9 (c) of the National
Labor Relations Act.
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 Crawfordsville Foundry Company, Crawfordsville, Indiana.,
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 Eleventh
Region, acting in this matter as agent for the National Labor Rela-
tions Board and subject to Article III, Section 9, of said Rules and
Regulations, among all production and maintenance employees of the
Company at its plant at Crawfordsville, Indiana, who were employed
during the pay-roll period immediately preceding the date of this
Direction of Election, including employees who did not work during
such pay-roll period because they were ill or on vacation or in the ac-
tive military service or training of the United States, or temporarily
laid off, but excluding supervisory and clerical employees and em-
ployees who have since quit or been discharged for cause, to determine
whether or not they desire to be represented by International Moulders
& Foundry Workers Union, Local 372, A. F. of L., for the purposes of
collective bargaining.
4557 i 1-42-vol 40-34