Electric Steel Castings Co.

National Labor Relations Board - Board Decisions

Dec 24, 1943

54 N.L.R.B. 43 (N.L.R.B. 1943)

In the Matter of ELECrRIo STEEL CASTINGS COMPANY and UNITED
STEELWORKERS OF AMERICA, AFFILIATED WITH THE CONGRESS OF
INDUSTRIAL ORGANIZATIONS
Case No. 9-R-1264.-Decided December 24,1943
Messrs. Joseph J. Daniel and William G. Davis, both of Indianap-
olis, Ind., for the Company.
Messrs. James Robb, Harry Burns, and Harry Dougherty, all of
Indianapolis, Ind., for the Union.
Mr. David V. Easton, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by United Steelworkers of America,
affiliated with the Congress of Industrial Organizations , on behalf of
its members of Local 3114, herein called the Union , alleging that a
question affecting commerce had arisen concerning the representation
of employees of Electric Castings Company, Speedway , Indianapolis,
Indiana, herein called the Company, the National Labor Relations
Board provided for an appropriate hearing upon due notice before
John W. Coddaire, Trial Examiner . Said hearing was held at In-
dianapolis , Indiana, on November 24, 1943. The Company and the
Union 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.
All parties were afforded an opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Electric Steel Castings Company, an Indiana corporation, is en-
gaged in manufacturing unfinished steel castings. For this purpose
54 N. L. R B., No. 8.
43
44 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
it operates a plant located at Speedway, Indianapolis, Indiana, with
which we are concerned herein. During the past year, the Company
purchased raw materials valued in excess of $500,000, of which ap-
proximately 10 percent was purchased from points outside the State of
Indiana. During the same period, the Company manufactured prod-
ucts valued in excess of $1,500,000, more than 25 percent of which was
shipped to points outside the State of Indiana. The Company admits
that it is engaged in commerce within the meaning of the National
Labor Relations Act.
II. THE ORGANIZATION INVOLVED
United Steelworkers of America and its Local Union 3114 are labor
organizations affiliated with the Congress of Industrial Organizations,
admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
By letter dated October 19, 1943, the Union advised the Company
that it represented a majority of its employees and that it desired to
enter into a wage agreement with respect to them. The Company
replied by letter dated October 23, in which it indicated doubt of
the Union's majority status and declined to enter into any discussions
with respect to its employees. Thereafter, the Union advised the
Company of the filing of the petition in the instant case.
A statement of the Field Examiner introduced into evidence at the
hearing, indicates that the Union represents a substantial number of
employees in the union hereinafter found appropriate 1
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
The Union seeks to represent a unit consisting of all production and
maintenance employees of the Company, excluding foremen, office and
clerical employees, plant-protection employees, time-study men, and
all supervisory employees with authority to hire, promote, discharge,
discipline or otherwise effect changes in the status of employees or
effectively recommend such action. The Company, while agreeing
generally with the foregoing unit, contends that office and clerical em-
ployees should be included therein.
1 The Field Examiner reported that the Union submitted 92 designations , all of which
bore apparently genuine and original signatures : that 80 of the designations contained sig-
natures of persons appearing upon the Company s pay roll for the period ending October 30,
1943 ; and that said pay roll contained the names of 181 persons in the unit hereinafter
found appropriate . He further reported that there were 201 persons in the unit claimed
appropriate by the Company.
ELECTRIC STEEL CASTINGS COMPANY 45
While the record indicates points of similarity between the office
and clerical employees and the production and maintenance employees
with respect to their conditions of employment, we are of the opinion
that such evidence is not sufficient to warrant a finding that both
groups of employees belong within the same unit. It has been our
usual policy to differentiate between these groups because of obvious
functional dissimilarities and we can see no sufficient reason in the
instant proceeding for departing therefrom. Accordingly, we shall
exclude office and clerical employees from the unit.2
We find that all production and maintenance employees of the Com-
pany, excluding office and clerical employees, plant-protection em-
ployees, time-study men, foremen, and all other supervisory employees
with authority to hire, promote, discharge, discipline, or otherwise
effect changes in the status of employees, or effectively recommend such
action, constitue a unit appropriate for the purposes of collective bar-
gaining 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 an election by secret ballot among the em-
ployees in the appropriate unit who were employed during the pay-
roll period immediately preceding the date of the Direction of Elec-
tion 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 Electric Steel
Castings Company, Speedway, Indianapolis, 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 Ninth Region, acting
in this matter as agent for the National Labor Relations Board, and
subject to Article III, Sections 10 and 11 of said Rules and Regulations,
among the employees.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 -
2 See Matter of Consolidated Aircraft Corporation , 45 N L. R. B 1155; Matter of The
Collis Company , 46 N. L. R B. 680
46 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 those employees 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 United Steelworkers of America, Local Union 3114, affiliated with
the Congress of Industrial Organizations, for the purposes of collec-
tive bargaining.