Red Jacket Manufacturing Co.

National Labor Relations Board - Board DecisionsNov 14, 1941

36 N.L.R.B. 932 (N.L.R.B. 1941)

In the Matter of RED JACKET MANUFACTURING COMPANY and INTER- NATIONAL ASSOCIATION OF MACHINISTS , LOCAL 388, A. F. OF L. In the Matter Of RED JACKET MANUFACTURING COMPANY and INTER- NATIONAL MOLDERS & FOUNDRY WORKERS UNION OF NORTH AMERICA, LOCAL 230, A. F. OF L. Cases Nos. R-3043 and R-4044, respectively-Decided November 14, 1941 Jurisdiction : water-pump equipment manufacturing industry. Investigation and Certification of Representatives : existence of question : Com- pany indicates to unions its desire that Board determine exclusive representa- tives; elections necessary. Units Appropriate for Collective Bargaining (1) foundry division employees ex- cluding supervisory and clerical employees, salesmen, watchmen and janitors, and machine-shop workers in mill room; (2) all other employees (manufac- turing division) excluding supervisory and clerical employees, salesmen, watchmen and janitors ; agreement as to. Mr. Ben T. Reidy . and Mr. F. C. Simonsen, of Rock Island, Ill., for the Company. Mr. Earl P. Hogan, of Rock Island, Ill., for the I. A. M. Mr. Evar Anderson, of Rock Island, Ill., for the Molders. Mr. Harry Cooper, of Counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On August 4, 1941, International Association of Machinists, Local 388, A. F. of L., herein called the I. A. M., filed with the Regional Director for the Eighteenth Region (Minneapolis, Minnesota) a peti- tion alleging that a question affecting commerce had arisen con- cerning the representation of employees of Red Jacket Manufactur- ing Company, Davenport, Iowa, herein called the Company, and re- questing an investigation and certification of representatives pur- suant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On August,9 and August 21, 1941, Inter- national Molders & Foundry Workers Union of 'North America, 36 N. L. R. B., No. 191. 932 RED JACKET MANUFACTURING COMPANY 933 Local 230, A. F: of L., herein called the Molders, filed a similar peti- tion and amended petition, respectively. On September 9, 1941, the National Labor Relations Board, herein called the Board, acting pursuant to Section 9 (c) of the Act and Article III, Section 3, of National Labor Relations Board Rules and Regulations-Series 2, as amended, ordered an investigation- and authorized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice, and, acting pursuant to Article III, Section 10 (c) (2), of said Rules and Regulations, ordered that the cases be consolidated. On September 16, 1941, the Regional Director issued a notice of hearing, copies of which were duly served upon the Company, the Molders, and the I. A. M. Pursuant to notice, a hearing was held on September 23, 1941, at Davenport, Iowa, before Henry W. Leh- mann, the Trial Examiner duly designated by the Chief Trial Examiner. The Company, the I. A. M., and the Molders were rep- resented by counsel or official representatives, and participated in the hearing Full opportunity to be heard, to examine and cross-examine witnesses,,and to introduce evidence bearing on the issues was af- forded all parties. During the course of the hearing the Trial Examiner made rulings on motions and on objections to the admission of evidence. The Board has reviewed the. rulings of the Trial Ex- aminer and finds that no prejudicial errors weer committed. The rulings are hereby affirmed. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE-BUSINESS OF THE COMPANY Red Jacket Manufacturing Company is an Iowa corporation hav- ing its office and place of business-at Davenport, Iowa, where it is engaged in the manufacture, sale, and distribution of finished water- pumping equipment, water conditioners, hand and windmill "pumps, grey iron castings, and other products. During the period from September 1, 1940, to September 1, 1941, the Company purchased materials having an approximate -value of $500,000. Substantially all of such materials were transported to the plant of the.Company from points of origin outside of the State of Iowa. During the same period the Company sold products having an approximate sales value of $1,235,000. Approximately 95 per cent of such products were transported from the Company's plant to purchasers located outside of the State of Iowa. The Company employs approximately, 200 production and main- tenance employees. 934 DECISIONS OF NATIONAL LABOR RELATIONS BOARD H. THE ORGANIZATIONS INVOLVED International Association of Machinists, Local 388, and Interna- tional Molders & Foundry Workers Union of North America, Local 230, are labor organizations affiliated with the American Federation of Labor, admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION During the latter part of July 1941, the Molders, and the I. A. M. each sought recognition by the Company, and the Company indicated its desire that the Board resolve the questions concerning representa- tion. A statement of the Regional Director introduced in evidence discloses that the Molders and the I. A. M. each represents a sub= stantial number of employees in the unit alleged by each to be appro- priate for the purposes of collective bargaining.' We find ,that questions have arisen concerning the representation of employees of the Company. IV. THE EFFECT OF THE QUESTIONS CONCERNING REPRESENTATION UPON COMMERCE We find that the questions concerning representation which have arisen, occurring in connection with the operations of the Company described in Section I above, have a close, intimate, and substantial relation to trade, traffic, and commerce among the several States and tend to lead to labor disputes burdening and obstructing commerce and the free flow of commerce. V. THE APPROPRIATE UNIT The Molders claims that a unit composed of.all foundry employees, including molders, cupola tenders, core makers, foundry labor, shake- out employees, and mill-room employees,2 excluding foremen, other supervisory employees, clerical employees, salesmen, office employees, watchmen, and janitors, is appropriate for the purposes of collective bargaining. The I. A. 'M. asserts that a unit composed of all em-. 'The I. A. M. submitted to the Regional Director 39 I. A. M. application cards, all appearing to bear genuine original signatures . All but one of these signatures are the names of persons listed on the company ' s pay roll of August 2, 1.941. Thirty-seven of these cards were dated in July 1941 and two thereof in August 1941. As of August 2, there were about 92 employees in the unit alleged by the I. A. Al. to be appropriate. The Molders submitted to the Regional Director 93 I. A . M. authorization cards, and 22 Molders application cards. Of these cards, five were undated and the remainder were dated between May and July 1941. All of the cards appeared to the Regional Director to bear genuine original signatures , and 90 of these signatures were the names of persons listed on the Company ' s August 2 pay roll. As of August 2 there were about 106 em- ployees in the unit alleged by the Molders to be appropriate. 3 The mill room is also known as the cleaning room or cleaning and grinding department. RED JACKET MANUFACTURING COMPANY 935- ployees not claimed by the Molders, excluding foremen, other sup- ervisory employees, clerical employees, salesmen, office employees, watchmen, and janitors, is appropriate. The Company does not. expressly oppose the claims of the two unions with regard to the appropriate units, and takes the position that the Board should determine the appropriate unit or units. The operations of the Company's plant may be roughly divided into a foundry division and a so-called "manufacturing" division. The foundry division, which is the unit claimed by the Molders to be appropriate, appears to be composed of 13 departments herein- after enumerated. The unit claimed by the I. A. M. to be appro- priate, appears to be composed of 20 departments hereinafter- enumerated. The two unions base their unit claims upon their craft jurisdictions, and upon the desires of the Company's employees to be represented by their craft organizations. The claims of the unions are not con- flicting. While the evidence shows that certain. employees are at times shifted among the various departments, the interchange does: not appear to be so extensive and frequent as to require a determina- tion that two units are inappropriate. Under all the circumstances,. we find that the units requested by the Molders and the I.. A. M. are appropriate for the purposes of collective. bargaining. A number of employees varying at different times from 1 to 4, per- form machine-shop work on certain grinders in the mill room, and these employees are under the supervision of the machine-shop fore- man. We shall include such employees in the unit sought by the I.A.M. We find that all foundry employees of the Company, including employees in the following departments: pattern; flask; core;-bench molding; floor molding; squeezer molding; shake out; foundry labor;. melting; iron and coke; cleaning and grinding; foundry inspection, weighing and shipping; and brass foundry; but excluding employees. in mill room performing machine-shop work, foremen, other sup- ervisory employees, clerical employees, salesmen, office employees,. watchmen, and janitors; constitute a unit appropriate for the pur- poses of collective bargaining. We find that all employees of the Company in the following depart- ments : machine shop ; maintenance ; carpenter shop ; hand-pump, assembly; water conditioner assembly; centrifugal-pump assembly; deep-well assembly ; shallow-well assembly ; pitcher-spout assembly ; dip paint; spray paint; hand paint; cylinder and leather packaging; water-conditioner packaging; motor and switch assembly; water- system final assembly; delivery; hand-pump final assembly; storage and shipping; engine room and watchmen; and receiving, trucking, 936 DECISIONS OF NATIONAL LABOR RELATIONS BOARD and stockroom ; and including employees - performing machine-shop work in mill room,' but excluding foremen , other supervisory em- ployees, clerical employees, salesmen , office employees , watchmen, and janitors; constitute a unit appropriate for the purposes of collective bargaining. We further find that the foregoing units will insure to employees ,of the Company the full benefit of their right to self-organization and to collective bargaining and otherwise will effectuate the policies of the Act. VI. THE DETERMINATION OF REPRESENTATIVES We find that the questions which have arisen concerning the repre- ,sentation of employees can best be resolved by elections by secret ballot. At the hearing the parties agreed that the last pay roll preceding the date of the hearing should govern for the purposes of determining eligibility to vote. However, we see no reason to depart from our cus- tomary practice in this regard and shall direct that the employees eligible to vote will be those who were employed during the pay-roll period immediately preceding the date of this Direction of Elections, subject to the limitations and additions hereinafter set forth in the Direction. Upon the basis of the above findings of fact and upon the entire record in the case, the Board makes the following: CONCLUSIONS OF LAW 1. Questions affecting commerce have arisen concerning the repre- sentation of. employees of Red Jacket Manufacturing Company, .Davenport , Iowa, within the meaning of Section 9 (c) and Section 2 (6) and ( 7) of the National Labor Relations Act. 2. All foundry employees of the Company , including employees in the following departments : pattern ; flask ; core ; bench molding ; floor molding; squeezer molding; shake out; foundry labor; melting; iron .and coke; cleaning and grinding ; foundry inspection, weighing and shipping; and brass foundry ; but excluding employees . in mill room performing machine-shop work, foremen , other supervisory em- ployees, clerical employees , salesmen, office employees , watchmen, and janitors; constitute a unit appropriate for the purposes of collective bargaining , within the meaning of Section 9 (b) of the National Labor Relations Act. 3. All employees of the Company in the following departments : machine shop ; maintenance ; carpenter shop ; hand-pump assembly ; water-conditioner assembly; centrifugal -pump assembly ; deep-well assembly; shallow -well assembly ; pitcher-spout assembly ; dip paint; spray paint ; hand paint ; cylinder and leather packaging ; water-' RED JACKET.MANUFACTURING COMPANY 937 conditioner packaging; motor and switch assembly; water-system final assembly; delivery; hand-pump final assembly, storage and ship- ping; engine room and watchmen; and receiving, trucking, and stock- room; and including employees performing machine-shop work in mill room, but excluding, foremen, other supervisory employees, clerical employees, salesmen, office employees, watchmen, and janitors; consti- tute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the National Labor Relations Act. 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 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 authorized by the Board to ascertain representatives for the purposes of collective bargaining with Red Jacket Manufacturing Company, Davenport, Iowa, elec- tions 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 Eighteenth 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 all employees of the Company in each of the two following groups 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 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 foundry employees, including employees in the following departments: pattern; flask; core; bench molding; floor molding; squeezer molding; shake out; foundry labor; melting; iron and coke; cleaning and grinding; foundry inspection, weighing and shipping; and brass foundry; but excluding employees in mill room performing- machine-shop work, foremen, other supervisory employees, clerical employees, salesmen, office employees, watchmen, and janitors; to de- termine whether or not they desire to be represented for purposes of collective bargaining by International Molders & Foundry Workers' Union of North America, Local 230, A. F. of L.; and 2. All employees in the following- departments : machine shop;: maintenance; carpenter shop; hand-pump assembly; water-codi- tioner assembly; centrifugal-pump assembly; deep-well assembly; 938 DECISIONS OF NATIONAL LABOR RELATIONS BOARD shallow-well assembly; pitcher-spout assembly; dip paint; spray paint; hand paint; cylinder and leather packaging; water-conditioner packaging; motor and switch assembly; water-system final assembly; delivery; hand-pump final assembly, storage and shipping; engine room and watchmen ; and receiving, trucking and stockroom ; and including employees performing machine-shop work in mill room, but excluding foremen, other supervisory employees, clerical em- ployees, salesmen, office employees, watchmen, and janitors; to deter- mine whether or not they desire to be represented for purposes of col- lective bargaining by International Association of Machinists, Local 388, A. F. of L.