Hawkeye Steel Products Co.

National Labor Relations Board - Board DecisionsMar 28, 1942

39 N.L.R.B. 1222 (N.L.R.B. 1942)

In the Matter of M. H. LORENZEN, AN INDIVIDUAL DOING BUSINESS AS HAWKEYE STEEL PRODUCTS COMPANY and INTERNATIONAL MOLDERS AND FOUNDRY WORKERS UNION OF NORTH AMERICA, LOCAL 459, A. F. OF L. Case No. B-3620.-Decided March 28, 19.1 Jurisdiction : automatic stock water fountain and rotary hog feeder manufactur- ing industry. Investigation and Certification of Representatives : existence of question': re- fusal of Company to accord union recognition until assured of its majority representation; election necessary. Unit Appropriate for Collective Bargaining : all foundry workers of the Com- pany, including molders, core makers, foundry helpers, shake-out men, and millroom employees, but excluding foremen and other supervisory employees and clerical employees ; stipulation as to. Pike, Sias di Butler, by Mr. George E. Pike, of Waterloo, Iowa, for the Company. Mr. Evar Anderson, of Batavia, Ill., for the Union. 'Mr. George H. Gentithes, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On January 27, 1942, International Molders and Foundry Workers Union of North America, Local 459, affiliated with the American Federation of Labor, hereinafter called the Union, filed with the Regional Director for the Eighteenth Region (Minneapolis, Minne- sota) a petition alleging that a question affecting' commerce had arisen concerning the representation of employees of Al. H. Lorenzen, an individual doing business as Hawkeye Steel Products Company, Waterloo, Iowa, 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 24, 1942, the National Labor Relations Board, herein called the Board, acting pursuant to Section 9 (c) of the Act 39 N L R. B , No. 227. 1222 HAWKEYE STEEL PRODUCTS COMPANY 1223 and Article III, Section 3, of National Labor Relations Board Rules and Regulations-Series 2, as amended, ordered an investiga- tion and authorized the Regional Director to conduct it and to pro- vide for an appropriate hearing upon due notice. On March 4, 1942, the Regional Director issued a notice of hearing, copies of which were duly served upon the Company and the Union. Pursuant to notice, a hearing was held on March 11, 1942, at Waterloo, Iowa, before Guy Farmer, the Trial Examiner duly designated by the Chief Trial Examiner. The Company and the Union appeared by repre- sentatives 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. No motions and no objections 'to the admission of evidence were made ' by either party. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY M. H. Lorenzen, is an individual doing business under the trade name of Hawkeye Steel Products Company. ' At an office and a plant in Waterloo, Iowa, the Company is engaged in the manufacture and distribution of' automatid stock 'water fountains and rotary hog feeders. In 1941 the Company purchased materials valued at approximately $100,000. Ninety percent of such materials was obtained from points outside the State of Iowa. During the same period, 'the Company sold products valued at approximately $300,000. Approximately 45 percent in value of such products was sold to customers in States other than the State of Iowa.. H. THE ORGANIZATION INVOLVED International Molders and Foundry Workers Union, of North America, Local 459, is a labor organization affiliated with the Amer- ican Federation of Labor, admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The Company advised the Union that it would recognize and bargain collectively with the Union when it was assured that the Union represented a majority of its employees. A statement of a Field Examiner introduced in evidence shows that the Union repre- 1224 DECISIONS OF NATIONAL LABOR RELATIONS BOARD sents a substantial number of employees in the unit hereinafter 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 above, 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 foundry workers of the Company, including molders, core makers, foundry -helpers, shake-out men, and millroom employees, but excluding foremen and other supervisory employees and clerical employees, constitute a unit appropriate for the purposes of collective bargaining. We further find that such unit will insure to the employees of the Company the full benefit of their right to self-organization and to 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 the holding of an election by secret ballot. The parties stipulated that eligibility to vote should be determined by reference to the comiQany's pay roll of March 10, 1942. We shall direct that an election by secret ballot be held among the employees of the Company in the appropriate unit whose names appear on said pay roll,2 subject to the limitations and additions set forth in the Direction. I Thirty dues -payment cards were submitted by the Union . Sixteen were dated from July 1940 to December 1941; 5 dated in October and 2 in November of an unspecified year ; and 7 were undated. Twenty -nine of the cards submitted appear to bear genuine original signatures ; 1 card bears a printed name. Eighteen of the 29 signatures which appear to be genuine and the printed name are names of persons appearing on the Company's pay roll of December 19, 1941. There are approximately 35 persons in the stipulated appro- priate unit 2 During the hearing the parties stipulated that the following persons whose names appear on the March 10, 1942, pay roll, fall within the agreed appropriate unit and are eligible to vote : Charles Courter, George Maack, Joe Mellvanie, Pete Pappas , Ben Widner, A. W. Smith, Ed Flanscha , Herman Stephan , Herman Winkleman , Mike Belegrinos , Tony Stykoff. Robert Greathouse , Albert Holler , Jerry Jurgens , Walter Kreklau, Lloyd Hall , Pete Nava, Ernest Hopkins, C . C. Christensen , Toribio Ortiz, Joe Hunter , Jake Schaffer, Gordon Plumber, Cal Farris , Homer Curtis, Curtis Lane, H Wideman , Walter Warner HAWKEYE STEEL PRODUCTS COMPANY 1225 Upon the basis of the above findings of fact and upon the entire record in the case, the Board makes the following : CONCLUSIONS OF LAW 1. A question affecting commerce has arisen concerning the rep- resentation of employees of M. H. Lorenzen, an individual doing business as Hawkeye Steel Products Company, Waterloo, Iowa, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 2. All foundry workers including molders, core makers, foundry helpers, shake-out men, and mill room employees, but excluding foremen and other supervisory employees, and clerical employees, constitute a unit appropriate for the purposes of collective bargain- ing within the meaning of Section 9 (b) 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 Re- lations 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 authorized by the Board to ascertain representatives for the purposes of collective bargain- ing with M. H. Lorenzen, an individual doing business as Hawkeye Steel Products Company, Waterloo, Iowa, 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 Eighteenth Region, acting in this matter as agent for the National Labor Relations Board and subject to Article III, Section 9, of said Rules and Regu- lations, among all foundry workers of the Company, including molders, core makers, foundry helpers, shakeout men, and millroom employees, whose names appear on the Company's March 10, 1942, pay roll, including 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 foremen and other supervisory employees, clerical employees, and employees who have since quit or been dis- charged for cause, to determine whether or not they desire to be represented by International Molders and Foundry Workers Union of North America, Local 459, A. F. of L., for the purposes of collective bargaining.