International Seal & Lock Co.

National Labor Relations Board - Board Decisions

Apr 3, 1946

66 N.L.R.B. 1479 (N.L.R.B. 1946)

In the Matter of INTERNATIONAL SEAL. & Lock Co. and UxrrED
STEELWORKERS OF AMERICA (CIO)
Case No. 7-R-2188.-Decided April 3,1946
Mr. Richard A. Gross, of Hastings, Mich., and Mr. J. E. Hubbard,
of Lansing, Mich., for the Company.
Mr. Clarence A. Jackson, of Kalamazoo, Mich., for the Union.
Mr. F. G. Dunn, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by United Steelworkers of America
(CIO), herein called the Union, alleging that a question affecting
commerce had arisen concerning the representation of employees of
International Seal' & Lock Co., Hastings , Michigan , herein called
the Company, the National Labor Relations Board provided for an
appropriate hearing upon due notice before Meyer Stein, Trial
Examiner. The hearing was held at Hastings, Michigan, on Febru-
ary 14,1946. The Company and the Union appeared and participated.
All parties 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 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
International Seal & Lock Co. is a Michigan corporation with
its principal offices and manufacturing plants located at 435 East
Mills Street, Hastings, Michigan. It is engaged in the manufacture
of freight car seals and automatic sprinkler systems for fire protec-
66 N. L . R. B., No. 183.
1479
1480 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
tion. The raw materials used by the Company in the manufacture
of its products are brass, coke, sand, steel, pig iron, wire, wooden
49seq, and paper, The Company currently purchases raw materials
in the amount qf. approximately, $24,000 per month, 70 percent of
which is purchased outside the State of Michigan. The Company
sells finished products in the amount of approximately $70,000 per
month, 75 percent of which is shipped outside the State of Michigan.
The Company admits th4t it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. TIRE Q4QANIZATIQN INVOLVED
United Steelworkers of America is a labor organization , affiliated
with the Congress of Industrial Organizations , admitting to member-
ship employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On January 7, 1946, the Union, wrote the Company requesting
that it be recognized as the collective bargaining agent of employees
of,th® Foundry Department. The Coinpany refused to grant recogni-
tion until the Union had been certified by the Bot.rd in an appropriate
unit.
A statement of a;,Board agent, introduced into evidence at the
.hoarii g, indicates that, the Unian : represents a substantial number
of. employees in . the unit hereinafter found appropriate.'
We .find that a. question affecting commerce has arisen concerning
the ,representation of, employeeb of the Company, within the meaning
.of Section 9 (c) and, Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
The Uniion contends that a unit composed of all, production and
maintenance employees of the foundry only, except for clerical em-
ployees, the foundry superintendent, and all supervisory employees,
is appropriate. The Company contends that a unit covering all pro-
duction and maintenance employees in both plants, but excluding all
clerical employees, plant-protection employees, time department
employees, and supervisory employees, is appropriate.
The record shows, that the foundry is a. well-defined department or
division of the, plant. , The employees are engaged in operations not
performed in other departments, and the skills required in the
fop}pdry differ materially ,from those required elsewhere in the Com-
x The Field Examiner reported that the Union submitted 13 cards, bearing the names
of 13 employees listed on the Company's pay roll of January 25, 1946, and that the
cards aie dated December 28, 1945, and January 3, 1946.
There are approximately 20 employees in the appropriate unit.
INTERNATIONAL SEAL & LOCK CO . 1481
pany's operations. There is little, if any, interchange of employees
between the foundry and other departments of either plant. The
foundry is physically located in plant no. 2 with other departments
but is separated by a wall and a door. It has its own entrance and
time clock. While the hours of all employees are normally the
same, each department works until its job is done while other em-
ployees may leave at the scheduled time. The foundry has its own
foreman as distinguished from other departments in the plant. The
employees of the foundry are all paid at an hourly rate, varying
according to their skill, while other employees are paid either on
a piece-rate or an hourly rate. While the Company contends that
no foundry workers, as such, have been hired, the record shows that
< `newly hired employees are placed in the foundry at certain jobs
for extensive training, requiring up to 2 years, and after being trained,
remain in the particular job. The skills required in other depart-
ments of the two plants are different and require different, training
periods. While the plant normally depends on castings from the
foundry in carrying on other operations in the plant, it has on
occasion bought castings from an outside concern and is not com-
pletely dependent on the foundry for its other operations. There
.has been no bargaining on a plant-wide basis or any other basis in
the past. There is no evidence that the employees of other divisions
of the plant may soon be organized. The employees of the foundry
': have shown a greater intermit in collective bargaining than employees
'in other departments. The fact that the rest of the plant has not
been organized is not sufficient reason for depriving the foundry em-
ployees of the present opportunity to bargain collectively. We have
frequently found that a foundry department constitutes an appro-
priate unit .2 We find, therefore, that the foundry employees com-
prise an appropriate unit.
We find that all employees in the Company's foundry department,
but excluding clerical employees, the foundry superintendent, and
all or any other supervisory employees with authority to hire,
promote, discharge, discipline, or otherwise effect changes in the
status of employees, or effectively recommend 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 an election by secret ballot among employees
2 Matter of Rosedale Foundry & Machine Company, 35 N. L R. B. I; Matter of Servel,
Inc., 48 N L. R. B. 712; and also Matter of American Marsh Pumps, Inc., 51 N. L. R. B.
263.
1482 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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.
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 9, of National Labor
Relations Board Rules and Regulations-Series 3, as amended, it is
hereby
DIRECTED that , as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with International
Seal & Lock Co., 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 Article 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 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 repre-
sented by United Steelworkers of America (CIO), for the purposes
of collective bargaining.