National Lead Co.

National Labor Relations Board - Board Decisions

Mar 8, 1946

66 N.L.R.B. 496 (N.L.R.B. 1946)

In the Matter Of MAGNUS METAL DIVISION OF NATIONAL LEAD
COMPANY and WESTERN MECHANICS LOCAL 700, INTERNATIONAL UNION
OF MINE, MILL AND SMELTER WORKERS, C. I. O.
Case No. 21-B-3129.-Decided March 8, 1946
Latham d Watkins, by Mr. R. W. Lund, of Los Angeles, Calif.,
for the Company.
Mr.' L. Gorelick, of Los Angeles, Calif., for the C. I. O.
Mr. G. A. Dreger, of Los Angeles, Calif., for the Molders.
Mr. Frederick D. Vincent, Jr., of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
Upon a petition duly filed by Western Mechanics Local 700 , Inter-
national Union of Mine, Mill and Smelter Workers, C. I. 0., herein
called the C. I. 0., alleging that a question affecting commerce had
arisen concerning the representation of employees of Magnus Metal
Division of National Lead Company, Los Angeles , California , herein
called the Company, the National Labor Relations Board provided
for an appropriate hearing upon due notice before David Aaron,
Trial Examiner . The hearing was held at Los Angeles, California,
on December 27, 1945 . The Company , the C. I . 0., and International
Molders and Foundry Workers Union, Local 374, A. F. of L ., herein
called the Molders, 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 prejudi-
cial 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:
,1 Western Warehouse Council, International Brotherhood of Teamsters , Chauffeurs,
Warehousemen & Helpers of America, A . F. L., was served with Notice of Hearing,
but did not appear.
66 N. L. R. B., No. 63.
496
MAGNUS METAL DIVISION OF NATIONAL LEAD COMPANY 497
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
National Lead Company, a New Jersey corporation, has offices
and places of business throughout the United States. The only
plant of the Company involved in these proceedings is the plant of
the Magnus Metal Division, located at Los Angeles, California.
There the Company is engaged in the manufacture of bearings and
castings for railroads. During the year ending November 28, 1945,
the Company purchased a total of approximately 7,000,000 pounds
of raw materials, mainly non-ferrous metals, and sold approximately
6,700,000 pounds of finished products. Approximately 600,000 pounds
of raw materials were purchased from points outside the State of
California, and approximately 600,000 pounds of finished products
were sold and shipped to points outside the State of California.
We find that the Company is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
Western Mechanics Local 700, International Union of Mine, Mill
and Smelter Workers is a labor organization affiliated with the
Congress of Industrial Organizations, admitting to membership em-
ployees of the Company.
International Molders and Foundry Workers Union, Local 374,
is a labor organization affiliated with the American Federation of
Labor, admitting to membership employees of the Company.
III. THE QUESTIONS CONCERNING REPRESENTATION
The Company has refused to grant recognition to the C. I. O. as
the exclusive bargaining representative of certain of its employees
until the C. I. O. has been certified by the Board in an appropriate
unit.
A statement of a Board agent , introduced into evidence at the
hearing, indicates that the C. I. O. represents a substantial number
of employees in the unit hereinafter found appropriate.2
We find that questions affecting commerce have 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.
2 The Field Examiner reported that the C. I. O. submitted 33 cards bearing the
names of 31 employees listed on the Company's pay roll of December 11, 1945; and
that the Molders submitted 13 cards, all bearing the names of employees listed on
the Company's pay roll of December J1, 1945.
There are approximately 85 employees in the unit sought by the C. I. 0., and there
are approximately 64 employees in the unit sought by the Molders.
686572--46-33
OR DECISIONS' OF NATIONAL LABOR RELATIONS BOARD
W. THE APPROPRIATE UNIT; THE DETERMINATION OF REPRESENTATIVES
The C. I. O. seeks a unit comprised of all production and mainte-
nance employees, including shipping and warehouse employees,3 and
truck drivers, but excluding office and supervisory employees. The
Company agrees with the unit as ' proposed by the C. I. O. The
'Molders, however, seeks a' unit confined to the employees of the
foundry.' The record shows no history of collective bargaining with
the Company.
The Company's operations are divided into 3 principal depart-
inents, a foundry employing approximately 64, a machine shop
employing approximately 5, and a broaching and lining department
with' about 5 employees. The foundry is under the supervision of
a separate' foreman, and performs such operations as molding, core
making, melting, casting, cleaning, and grinding. The machine shop
is under the control of a machine shop foreman, and is located in
a room separate from the foundry. The, broaching and lining de-
partment likewise is in a separate room and under the control of
its own foreman.
The nature of the work performed and skills required in the
machine shop, and broaching and lining department, are essentially
different from those performed and required in the foundry. The
employees of the foundry, constitute a homogeneous group, composed
primarily of members of a skilled craft. Although foundry laborers
from time to time are assigned to temporary work in other depart-
ments of, the plant, the majority of their time is spent in the foundry.
The machine, ; shop,, employees do general maintenance and repair
work in the foundry when necessary, but there is no indication that
this is substantial.
The common ownership, coordinated management, and integration
of the three departments as part of a single business enterprise, and
their location in a single building, are considerations tending to sup-
port the contentions of the C. I. O. and the Company. On the other
hand, the physical separation of the three departments, their separate
supervision, the dissimilarity in work and skill required of the
employees therein, and the fact that the foundry is operated by
a homogeneous group of 'employees, most of whom are skilled crafts-
men, are considerations tending to support the position of the
Molders for a separate unit of foundry personnel. Accordingly,
we shall not make a present finding as to the appropriate unit or
units but shall determine the desires of the employees themselves
1?y, ' directing separate elections among the foundry employees and
3 This includes the shipping clerk . The Company at present employs no warehouse
employees.
MAGNUS METAL DIVISION OF NATIONAL LEAD COMPANY 499
among the remaining production and maintenance employees of the
Company. Upon the results of the elections will depend, in part,
our determination of the appropriate unit or units.
We shall direct that the questions concerning representation which
have arisen be resolved by separate elections by secret ballot among
employees of the Company's Los Angeles plant, in each of the groups
described below who were employed during the pay-roll period im-
mediately preceding the date of the Direction of Elections herein,
subject to the limitations and additions set forth in the Direction:
Group 1. All employees in the foundry, including foundry
laborers,4 but excluding all supervisory employees with authority
to hire, promote, discharge, discipline, or otherwise, effect changes
in the status of employees, or effectively recommend such action; and
Group 2. All other production and maintenance employees, in-
cluding shipping and warehouse employees, and truck drivers, but
excluding all office employees and all supervisory employees with
authority to hire, promote, discharge, discipline, or otherwise effect
changes in the status of employees, or effectively recommend such
action.
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 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 Magnus Metal
Division of National Lead Company, Los Angeles, California,
separate 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,
Sections 10 and 11, of said Rules and Regulations, among the em-
ployees in the voting groups described 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
temporawily 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
4 These employees may also be known as "swampers."
500 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
for cause and have not been rehired or reinstated prior to the date
of the elections :
(1) To determine whether the employees in Group 1, described in
Section IV, above, desire to be represented by Western Mechanics
Local 700, Intrnational Union of Mine, Mill and Smelter Workers,
C. I. 0., or by International Molders and Foundry Workers Union,
Local 374, A. F. of L., for the purposes of collective bargaining, or
by neither; and
(2) To determine whether or not the employees in Group 2, de-
scribed in Section IV, above, desire to be represented by Western
Mechanics Local 700, International Union of Mine, Mill and Smelter
Workers, C. I. 0., for the purposes of collective bargaining.