Neptune Meter Co.

National Labor Relations Board - Board Decisions

Apr 29, 1946

67 N.L.R.B. 949 (N.L.R.B. 1946)

III the Matter of NEPTUNE METER COMPANY and INTERNATIONAL
MOLDERS & FOUNDRY WORKERS OF NORTH AMERICA, LOCAL 87, A. F .
of L.
Case No. 2-R-5110.-Decided April 29,1946
Mr. Robert A. Levett, for the Board.
Simpson, Thatcher & Bartlett, by Mr. E. L. Coffey, of New York
City, for the Company.
Messrs. Alphonse Stein and Frank Jennette, of New York City, for
the A. F. of L.
Frank Schemer, by Miss Mildred Roth, of New York City, for the
C. I. O.
Sweet ct; Sweet, by Mr. Samuel Sweet, of New York City, for the
IEA.
Mr. James Zett, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by International Molders & Foundry
Workers of North America, Local 8 7, A. F. of L., herein called the
Molders, alleging that a question affecting commerce had arisen con-
cerning the representation of employees of Neptune Meter Company,
Long Island City, New York, herein called the Company, the National
Labor Relations Board provided for an appropriate hearing upon due
notice before Henry J. Kent, Trial Examiner. The hearing was held
at New York City, on July 24, 1945. The Company, the Molders, the
United Electrical Radio and Machine Workers of America, C. I. 0.,
herein called the C. I. 0.,1 and the Independent Employment Associa-
tion of Neptune Meter Company, herein called the IEA,2 appeared and
participated. All parties were afforded full opportunity to be heard,
' The C. I. O. withdrew early in the proceeding after agreeing to the unit proposed by the
A. F of L
2 On March 6, 1946, in Matter of Neptune Meter Company, 66 N. L. R. B . 292, the Board
issued an order disestablishing the IEA as the bargaining representative of the Company's
employees In view of the Board 's determination that the IEA is not a bona fide labor
organization, no consideration will be given to its contentions made at the hearing.
67 N. L. R B , No 116.
949
950 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
to examine and cross-examine witnesses, and to introduce evidence
bearing on the issues. The Trial Examiner's rulings made at the hear-
ing are free from prejudicial error and are hereby affirmed. All parties
were afforded opportunity to file briefs with the Board. The Com-
pany moved to dismiss the petition. For reasons hereinafter indicated,
the motion is denied.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Neptune Meter Company is a New Jersey corporation with a prin-
cipal office in New York City and branch offices in a number of other
States. It has plants in Long Island City and the Bronx, New York,
where it is engaged in the manufacture, sale, and distribution of liquid
meters. This proceeding is involved only with its Long Island City
plant.
During the year ending July 1, 1945, the Company purchased for
use of its Long Island City plant raw materials consisting chiefly of
bronze, brass, cast iron, and rubber valued at more than $1,000,000,
of which approximately 50 percent was shipped to the plant from
points outside the State of New York. During the same period the
Long Island City plant produced finished products valued in excess
of $1,000,000, over 50 percent of which was shipped in interstate com-
merce to points outside the State of New York.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
International Molders & Foundry Workers of North America, Local
87, is a labor organization affiliated with the American Federation of
Labor, admitting to membership employees of the Company.
United Electrical , Radio and Machine Workers of America is a
labor organization , affiliated with the Congress of Industrial Organi-
zations, admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On October 6, 1944, the Company declined to grant recognition
to the Molders as the exclusive bargaining representative of its Long
Island City foundry employees until the Molders had been certified
by the Board in an appropriate unit. The Molders filed its petition
in-this proceeding on October 11, 1944.
NEPTUNE METER COMPANY 951
Thereafter the Company and the IEA entered into an agreement
of recognition on October 14, 1944, and a written contract on Decem-
ber 28, 1944. This does not operate to bar a determination of repre-
sentatives in view of the timely petition of the Molders and for the
additional reason that the Board has directed the Company to cease
giving effect to any and all contracts with the IEA.3
A statement of a Board agent, introduced into evidence at the
hearing, indicates that the A. F. of L. represents a substantial number
of employees in the unit hereinafter found appropriate.4
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.
1Y. THE APPROPRIATE UNIT
The A. F. of L. contends that the foundry employees of the Com-
pany's Long Island City plant constitute an appropriate unit whereas
the Company contends that only a plant-wide unit of all its employees,
including office and plant clericals, is appropriate.
The Company contends that the geographical proximity of the
foundry to the other departments in the plant, the functional inter-
dependence and integration of all departments under a centralized
management and similar hours, wages, working conditions, and ben-
efit plans for all its employees demonstrate that a plant-wide unit is
the sole appropriate unit of its employees. The entire plant, includ-
ing the foundry and administrative offices, is housed on a single plot
of land in a series of inter-connected buildings of one, three, and five
stories. One plant manager and two plant superintendents exercise
over-all control and direction of the operations in all seven depart-
ments, which are serviced by a single set of administrative offices, and
the like. The Company introduced evidence of a continuous manu-
facturing process, beginning in the foundry and ending in the ship-
ping room, and a series of exhibits on a job evaluation study showed
that an identical point system in setting wage rates was utilized for
the foundry as well as for the other departments. All of this evidence
is persuasive of the Company's contentions.
On the other hand the foundry is considered as a distinct depart-
ment by the Company and is separated physically by fire-stop walls
from the other departments. The production employees of the
foundry consist of molders, coremakers, grinders and chippers, inspec-
tors, metal handlers, and laborers, and all of them are engaged in pro-
8 Matter of Neptune Meter Company, supra.
4 The Field Examiner reported that the A . F. of L. submitted 45 cards, bearing the
names of 43 employees , listed on the Company 's pay roll of October 27, 1944.
There are approximately 99 employees in the appropriate unit.
952 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
duction and maintenance work incident to the manufacture of mold-
ings and castings. Except for laborers and inspectors, the nature
of the work performed and the skills required in the foundry are dis-
similar to those in other departments and are not duplicated elsewhere
in the plant.5
We are of the opinion that the foundry employees comprise a homo-
geneous and functionally coherent group which can function as a
separate bargaining unite Moreover, no bona fide labor organization
with a sufficient interest now seeks to represent the employees of the
Company on a plant-wide basis. In view of all these factors, we con-
clude that the foundry employees presently constitute an appropri-
ate unit.
There remains for our consideration two disputed categories. The
Union would exclude as a technical employee, and the Company
would include, the assistant chemist. This employee is technically
trained, and is engaged in duties of a technical nature. In accord-
ance with our usual practice,? we shall exclude him as a technical
employee.
The Union would exclude, and the Company include, the plant
clerk. He is under supervision of the chief office clerk, in common
with other plant and office clericals. No one plant clerk is per-
manently assigned to the foundry, but several apparently are inter-
changed between the foundry and other stations. Inasmuch as the
unit is confined to the foundry, and because the duties of this plant
clerk are performed by several employees for varying periods, we
shall exclude him from the unit,
We find that all foundry employees at the Company's Long Island
City plant, including molders, coremakers, grinders, chippers, in-
spectors, metal handlers, laborers, and group leaders ,¢ but excluding
the plant clerk, assistant chemist, assistant foremen, and all 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.
5 Job classification in other departments include testers , assemblers, packers, mill-
wrights, stockroom help, toolmakers , basing mill operators , screw machine operators, drill
process operators , guards, painters , platers and dippers , laborers, machine operators,
inspectors.
6 We have frequently found that foundry employees comprise an appropriate unit. See
Matter of Ingersoll -Rand Company , 55 N. L. It. B. 14; Matter of Bethlehem Steel Company,
61 N. L. R B 1410, and 33 N. L. R . B 1064 ; Matter of Sterling Steel Foundry Company,
53 N L. It. B. 896.
' Matter of Boston Edison Co., 51 N. L. it. B. 118.
8 Group leaders were formerly known as subforemen , discharge the duties of leadman,
and perform no supervisory functions. They are hourly paid employees in common with
the production and maintenance workers All parties agreed to their inclusion in the unit.
NEPTUNE METER COMPANY
V. THE DETERMINATION OF REPRESENTATIVES
953
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among em-
ployees in the appropriate unit who were employed during the pay-
roll period immediately preceding the date of the Direction of Elec-
tion 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 Rela-
tions 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 Neptune Meter
Company, New York City, an election by secret ballot shall be con-
ducted as early as possible, but not later than thirty (30) days from the
date of this Direction, under the direction and supervision of the Re-
gional Director for the Second Region, acting in this matter as agent for
the National Labor Relations Board, and subject to Article III, Sec-
tions 10 and 11, of said Rules and Regulations, among 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 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 em-
ployees 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 they desire to be represented by International
Molders & Foundry Workers of North America, affiliated with the
A. F. of L., or by United Electrical, Radio and Machine Workers of
America, affiliated with the C. I. O., for the purposes of collective
bargaining, or by neither.