National Industries, Inc.

National Labor Relations Board - Board Decisions

Sep 18, 1942

44 N.L.R.B. 155 (N.L.R.B. 1942)

'In the Matter of BASS FoUNDI:Y & MACHINE DIVISION or NATIONAL
INDUSTRIES, INC. ;and DISTRICT' LODGE -NO. 113, INTERNATIONAL ASso-
CI VI ION OF MACHINISTS
Case No. L'-4213.-Decided September '18, 1.042
Jurisdiction : castings manufacturing industry.
Investigation and Certification of Representatives : existence of question • re-
fusal to accord petitioner recognition until certified by the Board; election
lie( ess:u y
Unit Appropriate for Collective Bargaining : production employees at Company's
plants located on west side of Fla lain Street in Forl Wayne, Indiana, and all
maintenance employees at Company's plants in Fort Wayne, Indiana, who ring
rlicn tune Calif., ui the plants located on the west side of Hanna Street, but
excluding Al super vlsory employees, clerical worlcel s, engineering and drafting
employees, executives, wat(hmen, and plant protection employees; stipularnon
as to
Mr. Samuel I). Jackson , of Fort Wayne, Incl., for the Company.
Mr. L. O. Thomas , of Battle Creek , Mich., and Mr. Merry J. Murphy,
of Fort Wayne. Ind ., for the I. A.'M. -
Mr. John, Rusak, of Indianapolis , Incl., for the United.
Mr. Moravt G. Ratner , of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STA'I E11 ENT or 'l IiE CASE
Upon petition duly filed by District Lodge' No. 113,1-International
Association of Machinists, herein called the I. A. M., alleging that a
question affecting conunerce had arisen concerning the representation
of employees of Bass Foundry & Machine Division of Natloual In-
dustries, Inc.. Machine Shop Division, Fort Wayne, Indiana, herein
.called-the Company, the National Labor Relations Board provided
for an appropriate hearing upon due notice-before Robert D. Malarney,
Trial Examiner. Said hearing was held at Fort Wayne, Indiana, on
August 27, 1942. The Company, the I. A. M., and United Steelworkers
of America, Local Union 1937, herein called the United, appeared and
'After the healing the I A If moved to amend the designation of the local involved
from Lodge No 70 to Distiict Lodge No 113 The motion is hereby .:canted
44 N. L R B, No 28
155
156 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
participated.2 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 h_ Bar-
ing are free from prejudicial error and are hereby affirmed.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
National Industries, Inc., is an Indiana corporation incorporated
on March 5, 1942, for the purpose of acquiring the assets of the Bass
Foundry & Machine Company, then in process of reorganization under
Chapter 10 of the Bankruptcy Act of 1938. The Company is engaged
in its machine shop in the manufacture of gray iron castings, heavy
sheet metal, and structural work. About 50 percent of the raw mate-
rials, such as steel, scrap iron, pig iron, and miscellaneous supplies
used in the machine shop division, are acquired from outside the
State of Indiana. The Company purchases approximately $100,000
worth of such materials each month. Approximately 75 percent of
the Company's total output, amounting in value to $250,000 per month,
is shipped outside the State of Indiana.
The Company admits that it is engaged in commerce, within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
District Lodge No. 113, International Association of Machinists,
is a labor organization affiliated with the American Federation of
Labor. United Steelworkers of America, Local Union 1937, is a
labor, organization : affiliated. with, the Congress of Industrial Organi-
zations. Each organization admits to membership employees of the
Company:
III. THE QUESTION CONCERNING REPIIESENTATTON
On June 10, 1942, the Company and the United entered into a col-
lective bargaining agreement covering those employees of the Com-
pany employed at the foundry division located east of Hanna Street,
Fort Wayne, Indiana. Subsequently, the I. A. M. requested recogni-
tion as exclusive representative of the employees of the Company enI-
ployed in the miichine shop division located west of Hanna Street in
Fort Wayne, Indiana. The Company refused to grant recognition
until'the I. A. M. was certified by the Board.
2 A representative of the Pattern Makers League of North America, which had been
formally served with notice , appeared at the hearing and stated that the Pattern Makers
had no interest in this proceeding.
BASS FOUNDRY & MACHINE DIVISION 157
A statement of the Regional Director introduced in evldelice at the
,hearing indicates that the I. A. M. 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 employees of the Company, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
We find, in accordance with a stipulation of the parties, that all
production employees employed by the Company at its plants located
on the west side of Hanna Street in- Fort Wayne, Indiana, and all
maintenance employees employed by the Company at its Fort Wayne,
Indiana, plants who ring their time cards in the plants located
on the west side of Minna Street in the city of Fort Wayne, but
excluding all supervisory employees, clerical workers, engineering
and drafting employees, executives, watchmen, and plaint protection
employees who are employed in such plants of-the Company located
on the west side of Hanna Street in the city of Fort Wayne, constitute
a unit appropriate, for the purposes of collective bargaining, within
,the meaning of Section 9 (b) of the At.
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that, the question concerning representation which
has arisen be resolved by means of 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 this Direction,
subject to the limitations and additions set forth in this 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 Rela-
tions 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 to ascertain representa-
tives for the purposes of collective bargaining with Bass Foundry &
Machine Division of National Industries, Inc., Machine Shop Division,.
3 The I. A. M submitted 67 authorization cards, 60 of which were dated in June 1942.
4 in May 1942 , and 'I were undated The Regional Director reported that there were 144
persons appearing on the Company ' s pay ioll of July 10 , 1942, within the appiopiiate
unit. Fifty -two of the 67 cards were found to bear apparently genuine original signatures
of persons appearing on the Company ' s pay roll
At the hearing , the United offered to submit evidence of its representation among the
employees of the Company but the Trial Examiner refused to accept the offer of proof on
the ground that the United ' s interest in the proceeding was sufficiently established by its
contract with the Company
158 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Fort Wayne, Indiana, 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 of Election, under the direction and super-
vision of the Regional Director for the Eleventh 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 of the Company in the unit,found to be 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 such pay-roll period because they were ill
or on vacation or iii the active military service or training of the
United States, or temporarily laid off, but excluding those employees
who have since quit or been discharged for cause, to determine whether
they desire to be represented by District Lodge No. 113, International
Association of Machinists, affiliated with the American Federation
of Labor, or by United Steelworkers of America, Local Union 1937,
affiliated with the Congress of Industrial Organizations, for the pur-
poses,of collective bargaining, or by neither.
MR. WM. M. LETSP]RSoN took no P,111 '111 the con,idecation of the
above Decision and Direction of Election.