Moore Drop Forging Co.

National Labor Relations Board - Board DecisionsAug 26, 1942

43 N.L.R.B. 673 (N.L.R.B. 1942)

In the Matter of MOORE DROP FORGING COMPANY and INTERNATIONAL-, BROTHERHOOD OF BLACKSMITHS, DROP FORGERS AND HELPERS (A. F. OF L.) Case No. R-4070.---Decided August 06,'1942 Jurisdiction : drop forging manufacturing industry. Investigation and Certification of Representatives : existence of question:, re- fusal'to accord petitioner recognition; contract renewed after filing of petition held no bar ; election necessary. Unit Appropriate for Collective Bargaining : all employees at two of Company's plants excluding executives, foremen, and other supervisory and clerical employees. McCarthy & Doherty, by Mr. Louis W. Doherty, of Springfield, Mass., for the Company. Mr. William J. Kennedy, of New York City, for the Union. Mary M. Persinger, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition and amended petition duly filed by International Brotherhood of Blacksmiths, Drop Forgers and Helpers (A. F. of L.), herein called the Union, alleging that a question affecting commerce had arisen concerning the representation'. of employees of - Moore Drop Forging Company, Springfield, Massachusetts, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before William S. Gordon, Trial Examiner. Said hearing was held at Springfield, Massachusetts, on July 27, 1942. The Company and the Union appeared and partici- pated.' All parties were afforded full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bear- ing upon the issues. The Trial Examiner's rulings made at the hear- ing are free from prejudicial, error and are hereby affirmed. 1 Federal Labor Union Local #22804 (A. F. of L ), United Electrical, Radio & Machine Workers of America (C. I. 0 ), and Independent Employees Association , although served with notice, did not appear. 43 N. L. R. B., No. 103. 481039-42-vol. 43-43 673 674 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Upon the entire record in the case, the Board makes the following:, FINDINGS OF FACT ' I..THE BUSINESS OF THE,COMPANY Moore Drop Forging Company is a Massachusetts corporation with its principal place of business at Springfield, Massachusetts, and plants, at Springfield and Chicopee, Massachusetts, where it is en- gaged in the manufacture of drop forgings. During each year the Company uses raw materials at its plants amounting to more than $2,000,000 in value, of which 95 percent is shipped to the Company from points, outside the State of Massachusetts. Approximately 90 percent of "the finished products of the Company, valued at more than $8,000,000, is- annually shipped to points outside the State of Massachusetts. The Company concedes that it is engaged in com- merce within the meaning of the National Labor Relations Act. H. THE ORGANIZATION' INVOLVED International Brotherhood of Blacksmiths, Drop Forgers and Helpers is a labor organization affiliated with the American Federa- tion of Labor,' admitting to membership employees -of',the Company. III. THE QUESTION CONCERNING REPRESENTATION On July 2, '1941, after ' a consent election conducted under the auspices of the Board, the Company entered into a collective bar- gaining agreement with Federal Labor Union Local #22804 (A. F. of L.), herein called Federal. 'The agreement, by its terms, was to remain in' effect from July 2, 1941, until July 2, 1942, and was to be automatically renewed from year to year thereafter, unless either party gave 30 days' written notice prior, to the expiration of any year of a desire to terminate the agreement. On _ April 21 and July 1, 1942, respectively, the Union filed the petitions herein, having on or, about April 13, orally requested recognition as bargaining agent for certain of the Com- pany's 'employees. The Company declined to grant such recognition because, of the existence of its contract with Federal. The Company 'contended at the hearing, that its cont'r'act with -Federal was automatically renewed when neither party thereto gave the other written notice of a desire to terminate 30 days prior to July 2, 1942, and that the contract constitutes a bar to a present determination of representatives. However, as indicated above, the Union on, April 13, 1942, requested recognition by the Company, and on, April 21 filed a petition with the Board. Under these circum- MOORE DROP FORGING COMPANY, 675 stances, the contract does not constitute a bar to an investigation and 'certification ' of representatives. A statement by the Regional Director, introduced into evidence at the hearing, indicates that the Union represents a substantial number of employees in the unit alleged by it to be appropriate.' We find that a question affecting commerce has arisen concerning the representation of employees of the Company, within the mean- ing of Section 9. (c) and Section 2 (6) and (7) of the Act. IV. THE, APPROPRIATE UNIT The Union contends, and the Company does not deny, that all production employees at the Chicopee and Brightwood plants of the Company, including forgers, second forgers, forge helpers, upsetter operators, set-up men, inspectors, roll operators, blacksmiths, furnace operators, furnace operators' helpers, heat treaters, steel hands, forge truckers, welders, shearmen, picklers, sand blasters, and forge masons, but excluding executives, foremen, and other supervisory and clerical employees, constitute an appropriate bargaining unit. The Company operates three plants in and near Springfield, Massa- chusetts. They are designated in the record as the Chicopee, Brightwood, and Spring field Hinge plants. The Chicopee and Brightwood plants are devoted almost exclusively to forging opera-, tions, while at the, Springfield Hinge plant only machine operations are performed. The contract of July 2, 1941, between the Company and Federal covered all production, employees at. all three, plants; however, it was agreed by all parties at the hearing that subsequent, to April 21, 1942, Al Desser, a representative of Federal, had, in the presence of representatives of the Company and the Board, stated that Federal agreed to waive jurisdiction .over employees claimed by the Union. Subsequent to the hearing, a stipulation to the same effect, signed by Federal and the Union was filed with the Board. Counsel for the respondent indicated his willingness to have this stipulation made a part of the record. It is hereby admitted. Undercthese cir- cumstances, and in view of the difference in the operations performed at the Springfield Hinge plant, there appears to be no reason why the production employees at the Chicopee and Brightwood plants of the,Company should not be held to constitute an appropriate unit. 2 The Regional Director reported that the Union submitted for examination (1) a rep- resentation petition bearing the names of 185 employees, which was undated, but which was alleged to have been circulated and signed between June 22 and July 1, 1942; (2) thirteen membership applications , all but one of which were undated and that was dated June 1942; (3) the dues ledger of the Union showing dues payments in 1942 by 125 persons whose names were not on either the petition or the membership application cards. The report further stated that all of,the signatures on the petition and the application cards appeared to be genuine, original signatures ; that 315 of the names submitted by the Union were the names of persons on the Company 's pay roll for June 14 , 1942; and that the pay roll listed a total of 464 employees in the alleged appropriate unit. 676 DECISIONS .OF NATIONAL LABOR RELATIONS BOARD We find that all 'production employees of the Company at its Chicopee and Brrightwood plants, including forgers, second forgers, forge helpers, upsetter operators , set-up men, inspectors ,. roll oper- ators, blacksmiths, furnace , operators , furnace operators ' helpers, heat treaters , steel hands , forge ' truckers , welders, shearmen, picklers, sand blasters , and forge masons, but excluding executives , foremen, and other supervisory and clerical employees , 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 the employees 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 8, of National Labor Relations 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 Moore'Drop Forg- ing Company, Springfield , Massachusetts , 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 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 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 any such employees who,did not work during said 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 International' Brotherhood of Black- smiths, Drop Forgers and Helpers, affiliated with the American Fed- eration of Labor, for the purposes of collective bargaining. CHAIRMAN MILLIS took no part in the consideration of the above Decision and Direction of Election. In the Matter Of MOORE DROP FORGING COMPANY and INTERNATIONAL BROTHERHOOD OF BLACKSMITHS , DROP FORGERS AND HELPERS (A. F. OF L. ) Case No. R-4070 'AMENDMENT TO DECISION , AND DIRECTION,OF ELECTION September 15, 1942 On August 26, 1942, the National Labor Relations Board, herein called the Board, issued a Decision and Direction of Election in the above-entitled proceeding.' After reexamination of the record with respect to the appropriate- ness of the unit, the Board HEREBY AMENDS the Direction of Election by striking therefrom "IV. The appropriate unit" and substituting therefor the following: IV. THE APPROPRIATE UNIT The Union contends, and the Company does not deny,, that all production employees in the Chicopee and Brightwood forging departments of the Company, including forgers, second forgers, forge helpers, upsetter operators, set-up men, inspectors, roll oper- ators, blacksmiths, furnace operators, furnace operators' helpers, heat treaters, steel hands, forge truckers, welders, shearmen, picklers, sand blasters, and forge masons, but excluding executives, foremen, and other supervisory and clerical employees, constitute an appropriate bargaining unit. The Company operates three plants in and near Springfield, Massachusetts. They are designated in the record as the Chico- pee, Brightwood, and iSpringfiield Hinge plants. The Chicopee and Brightwood plants are engaged both in forging and machine operations, while at the Springfield Hinge plant only machine operations are performed: The contract of July 2, 1941, between the Company and Federal covered all production employees in all departments of all three' plants ; however, it was , agreed by all parties at the hearing that subsequent to April 21, 1942, Al Desser, a representative of Federal, had, in the presence of repre- sentatives of the Company and the Board, stated that Federal 143 N. L R. B. 673. 43 N. L. R. B., No. 103a. I 677 a 678 DECISIONS, OF NATIONAL LABOR RELATIONS BOARD agreed to waive jurisdiction over employees of the forging de- partments claimed by the Union. Subsequent to the hearing, a stipulation to the same effect, signed by Federal and the Union, was filed with the Board. Counsel for the' Company indicated his willingness to,have this stipulation made a part of the record. It is hereby, admitted. Under .the circumstances, there 'appears to 'be no reason why the production employees in 'the forging de- partments of the Chicopee and Brightwood plants of the Com- pany should not be held to constitute an appropriate unit. We find that all production employees in the Chicopee and Brightwood forging departments of the Company, including the forgers, second forgers, forge helpers, upsetter operators, set-up men, inspectors, roll operators, blacksmiths, furnace operators,, furnace operators' helpers, heat treaters, steel hands, forge truck- ers, welders, shearmen, picklers, sand blasters, and forge masons, but excluding executives, foremen,, and other 'supervisory and clerical employees, constitute a unit appropriate for the purposes of collective bargaining, within the meaning of Section 9 (b) of the Act. MR. WM. M. LEISERSON took no part in the consideration of the above Amendment to Decision and Direction of Election.