Grede Foundries, Inc.

National Labor Relations Board - Board Decisions

Apr 29, 1942

40 N.L.R.B. 1008 (N.L.R.B. 1942)

In the Matter of MILWAUKEE STEEL FOUNDRY DIVISION, GREDE FOUND-
RIES, INC. and STEEL WORKERS ORGANIZING COMMITTEE, C. I. O. IN
BEHALF OF LOCAL UNION 1568
Case No. R-3717.-Decided April 29, 1942
Jurisdiction : steel castings manufacturing industry.
Investigation and Certification of Representatives : existence of question: re-
fusal to accord petitioner recognition until certified by the Board; election
necessary.
Unit Appropriate for Collective Bargaining : all production and maintenance
employees of the Company at its Milwaukee, Wisconsin, plant, excluding fore-
men, assistant foremen, watchmen, supervisors, timekeepers, time-study em-
ployees, head shipping clerk, supervisory inspectors, shop clerical employees,
office employees, technical engineers, and salesmen ; agreement as to.
Messrs. Wood, Warner, and Tyrell; and Messrs. Lamfrom, Tighe,
Engelhard cf Pecle, all of Milwaukee, Wis., for the Company.
Mr. W. 0. Sonnemawn, of Milwaukee, Wis., for the Union.
Mr. A. Surnner Lawrence, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by Steel Workers Organizing Committee,
C. I. 0., in behalf of Local Union 1568, herein called the Union, al-
leging that a question affecting commerce had arisen concerning the
representation of employees of Milwaukee Steel Foundry Division,
Grede Foundries, Inc.,' Milwaukee, Wisconsin, herein called the Com-
pany, the National Labor Relations Board provided for an appropri-
ate hearing upon due notice before Stephen M. Reynolds, Trial Ex-
aminer. Said hearing was held at Milwaukee, Wisconsin, on April 9,
1942. 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
'Incorrectly described in the petition and other formal papers as Milwaukee Steel
Foundry Division of Grede Foundries, Inc.
40 N. L. It. B., No. 176.
1008
MILWAUKEE STEEL FOUNDRY DIVISION 1009,
Examiner's rulings made at the hearing are free from prejudicial
errors and are hereby affirmed.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Grede Foundries, Inc., is a Wisconsin corporation having a num-
ber of plants throughout the State of Wisconsin. The only plant in-
volved in this proceeding is the Milwaukee Steel Foundry Division,
where the Company is engaged in the manufacture of steel castings.
During the calendar year 1941, the Company purchased raw materials
amounting to approximately $500,000 in value, of which 25 percent
was purchased outside the State of Wisconsin. During the same
period, the Company's total sales amounted to more than $1,000,000,
of which approximately 35 percent was sold outside the State of
Wisconsin.
II. THE ORGANIZATIONS INVOLVED
Steel Workers Organizing Committee, and its Local 1568, are
labor organizations affiliated with the Congress of Industrial Or-
ganizations, admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On or about March 16, 1942, the Union requested exclusive bar-
gaining rights for the production and maintenance employees of the
Company at its Milwaukee plant. The Company declined to recog-
nize and bargain with the Union as such representative until an elec-
tion should be held'and the Union should be 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 hereinafter found appropriate.2
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
In accordance with a stipulation of the parties we find that all
production and maintenance employees of the Company at its Mil-
2The Regional Director repotted that the Union has submitted 251 membership cards
(excluding 5 duplicates ) of which 1 was dated January 1942 ; 2 dated February 1942 , 122
dated Maich 1942, and 126 undated The Regional Director further reported' that
of 2.19 signatures affixed to the said cards , all appeared to be genuine original signatures
of persons whose names are on the Company ' s -pay roll of March 21. 1942 There are
approximately 325 employees in the appropriate unit.
455771-42-t-ol 40-64
1010 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Waukee Wisconsin, plant, excluding foremen, assistant foremen,
watchmen, supervisors, timekeepers, time-study employees, head ship-
ping clerk, supervisory inspectors, shop clerical employees, office em-
ployees, technical engineers, and salesmen constitute a unit appropri-
ate for the purposes of collective bargaining, within the meaning. of
Section 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
We find that the question concerning representation which has
arisen can best be resolved by an election by secret ballot. The Com-
pany and the Union, agreed that a current pay roll should be used
to determine eligibility to vote. In accordance with the stipulation
of the parties and our usual practice,, we shall direct that the em-
ployees of the Company eligible to vote in the election 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 additioiis 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 Re-
lations 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 ordered by the Board to
ascertain representatives for the purposes of collective bargaining
with Milwaukee Steel Foundry Division, Grede Foundries, 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 Re-
gional Director for the Twelfth Region, acting in this matter as agent
for the National Labor Relations Board, and subject, to Article III,
Section 9, of said Rules and Regulations, among the employees in the
unit found appropriate in Section IV above who were employed at the
Company's Milwaukee, Wisconsin plant, during the pay-roll period
immediately preceding the date of this Direction, including any such
employees who did not work during such pay-roll period because they
were ill or on vacation or in the active military service or training
of the United States, or temporarily laid off, but excluding any who
have since quit or been discharged for cause, to determine whether or
not they desire to be represented by Steel Workers Organizing Com-
mittee, Local Union 1568, C. I. 0., for the purposes of collective
bargaining.