Kinney Iron Works

National Labor Relations Board - Board Decisions

Jul 23, 1942

42 N.L.R.B. 838 (N.L.R.B. 1942)

In the Matter of KINNEY IRON WORKS and KINNEY IRON WORKS
DIVISION, LOCAL 2018, UNITED STEEL WORKERS OF AMERICA
Case No. R-4013 -Decided July 03,1942
Jurisdiction : lion castings manufacturing industry.
Investigation and Certification of Representatives : existence of question: re-
fusal to accord petitioner i ecognition , elections necessaly
Unit Appropriate for Collective Bargaining : single or separate units comprising
(1) all pattern makers and apprentices, and (2) production and maintenance
employees, excluding watchmen, truck diiveis, metallurgists, shipping clerks,
office and clerical employees, supeivisois, and working foremen, determination
of, dependent upon results of separate elections '
,Latham ctir Watkins, by Mr Paul R Watkins and Mr Richard W.
Lund, of Los Angeles, Calif , for the Company
Mr John Despol and Hr Fred J Hart, of Maywood, Calif , for the
United
Mr Lester J Gene, of Los Angeles, Calif , for the Pattern Makers
Mr Louis Cokin, of counsel to the Board
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE '
Upon petition duly filed by Kinney Iron Works Division, Local 2018,
United Steelwoikers of America, herein called the United, alleging
that a question affecting commeice had arisen concerning the represen-
tation of employees of Kinney Iron Works, Veinon, California, herein
called the Company, the National Labor Relations Board provided for
an appropriate hearing upon due notice befoie Maurice J. Nicoson,
Trial Examiner Said hearing was held at Los Angeles, California, on
July 2,1942 The Company, the United, and Pattern Makers Associa-
tion of Los Angeles, herein called the Pattern Makers, appeared, par-
ticipated, 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
Upon the entire record in the case, the Board makes the following
42N L R B,No 162 °
838
V
KINNEY IlRON WORKS
FINDINGS OF FACT
I THE BUSINESS OF THE COMPANY
839
Kinney Iron Works is a copartnership, consisting of R T Kinney,
H T Kinney, and W H Kinney, engaged in the pi ocluction of gray
iron castings at Vernon, California During its fiscal year ending
October 31, 1941, the Company pus chased i aw mates ials valued at about
$400,000, approximately 20 pei cent of which was shipped to it front
outside California During the same period, the Company sold fin-
ished products valued at about $900,000, approximately $5;000 worth
of which was shipped out of California. I
II THE ORGANIZATIONS INVOL\ ED
Kinney Iron Works Division, Local 2018, United Steelworkers of
America, is a labor organization affiliated with the Congress of Indus-
trial Organizations, admitting to membership employees of the Com-
pany.
Pattern Makers Association of Los Angeles is a labor: organization'
affiliated with the American Federation of Labor, admitting to mem-
bership employees of the Company.
III THE QUESTION CONCERNING REPRESENTATION
On May 9, 1942, the United requested the Company to recognize
it as exclusive representative of its employees The Company denied
this request Statements of the Regional Director and the Trial
Examiner, introduced into evidence during the healing, indicate that
the United and the` Pattern Makers each represents a substantial
number of employees in the unit alleged by each to be appropriate?
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
The United urges that all production and maintenance employees
of the Company, including pattern makers, but excluding watchmen,
truck drivers, metallurgists, shipping clerks, office and clerical eln-
ployees, and supervisory employees having the power to hire and dis-
I The Regional Director reported that the United presented 148 membership application
cards bearing apparently genuine signatures of persons whose names appear on the Com-
pany 's pay ioll of June 8, 1942 These aie 174 employees on that pay roll The Trial
Examiner reported that the Pattern Makers presented 5 authorization cards bearing
apparently genuine signatures of persons whose names appear on a pay roll of the Company.
There are 5 employees in the unit alleged to be appropriate by the Pattern Makers
840 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
charge, constitute an appropriate unit The only controversy with
respect to the unit concerns pattern makers and a working foreman
The Pattern Makers urges that all pattern makers and apprentices
constitute a separate appropriate bargaining unit The United urges
that the working foreman be included in the unit and the Company
that he be excluded. However, the Company took no position with
respect to the scope of the appropriate unit or units
The pattern makers and apprentices are skilled employees and are
members of a well-established craft They work in a separate build-
ing, receive higher pay than the production employees, and work
different houis. There is no interchange of employees between the
pattern and production shops On the other hand, there is evidence
to show the appropriateness of an industrial unit including the em-
ployees claimed by the Pattein Makers There has been no history
of baigaining either by ciaft or industrial unions These employees
could thus function either as a separate unit, or as part of a single
industrial unit Under these circumstances we shall direct that two
elections be held, one among the pattern makers and apprentices to
determine whether they wish to be represented by the United, by the
Pattern Makers, or by neither, and the other among the production
and maintenance employees to determine whether or not they wish to
be represented by the United. On the results of these elections will
depend in part the appropriate unit If the pattern makers and
apprentices select a bargaining representative other than the repre-
sentative selected by the employees in the plant-wide industrial unit,
they will constitute a separate and distinct appropriate unit If they
choose the same representative as the employees in the plant-wide
industrial unit, they will be merged into a single unit with`,such
employees
The Company employs two working foremen., All parties agree
that one of them should be excluded from the unit, but the United
urges that the other be included. Although the latter working fore-
man spends some of his time performing manual duties, he has au-
thority to recommend the hire and discharge of employees, and during
the absence of the foreman actually hires and discharges. We shall
exclude him from the unit.
We find that all production and maintenance ' employees of the
Company, excluding watchmen, truck drivers, metallurgists, shipping
clerks, office and clerical employees, supervisory employees having,the
authority to hire and discharge, and working foremen, may properly
constitute a unit appropriate for the purposes of collective bargaining,
which would insure to the employees of the Company the full benefit
of their right to self-organization, and to collective bargaining and
otherwise effectuate the policies of the Act. As indicated above, pat-
KINNEY IRON WORKS 841
tern makers and apprentices may or may not be included within such
unit, depending upon the results of an election which we shall direct.
We shall , therefore , make no final determination of the appropriate
unit or units , pending the election to be conducted among the pattern
makers and apprentices.
V THE DETERMINATION OF REPRESENTATIVES
We find that the question concerning representation of employees
of the Company can best be resolved by means of elections by secret
ballot. We shall direct that the employees of the Company eligible
to vote in the elections shall be those who were employed in the two
groups indicated above during the pay-roll period immediately pre-
ceding the date of the Direction of Elections herein, subject to the
limitations and additions set forth in the Direction.
DIRECTION OF ELECTIONS -
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 8, of the National Labor Rela-
tions Board Rules and Regulations , Series 2, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Kinney Iron
Works, Vernon, California , elections 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 Twenty -first 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 following gioups
of employees of the Company who were employed during the pay-ioll
period immediately preceding the date of this Direction including
employees who did not work dui ing 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 employees
who have since quit or been discharged for cause,:
1. All pattern makers and apprentices ; to determine whether they
desire to be represented by Kinney Iron Works Division , Local 2018,
United Steelworkers of America , affiliated with the Congress of Indus-
trial Organizations , or by Pattern Makers Association of Los Angeles,
affiliated with the American Federation of Labor, for the purposes
of collective bargaining , or by neither;
2. All production and maintenance employees , but excluding watch-
men, truck drivers, metallurgists , shipping clerks, office and clerical
employees, supervisors having the authority to hire and discharge,
working foremen , and pattern makers, and apprentices , to determine
842 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
whether or not they desire to be represented by Kinney Iron Works
Division, Local 2018, United Steelworkers of America, affiliated with
the Congress of Industrial Organizations, for the purposes of collective
bargaining.
MR. GERARD D. REILLY took no part in the consideration of the
above Decision and Direction of Elections.