Ross-Meehan Foundries

National Labor Relations Board - Board Decisions

Sep 28, 1942

44 N.L.R.B. 569 (N.L.R.B. 1942)

In the Matter of ROSS- MEEIIAN FOUNDRIES and UNITED STEELWORKERS,
OF AMERICA, C. I. O.
Case No. R-4240.-Decided September 08, 1942
Jurisdiction : iron and steel castings manufacturing industry.
Investigation and Certification of Representatives : existence of question: re-
fusal to accord any union recognition until certified by the Board; elections
necessary.
Unit Appropriate for Collective Bargaining : single or separate units comprising
(1) production and maintenance employees, including inspection labor, but'
excluding supervisory and clerical employees, inspectors, watchmen, office
janitors, and truck drivers; and (2) machinists, machinists' helpers, machine
operators, machine drillers, machine grinders, electricians and electrician help-
ers, and maintenance men and millwrights who repaired machinery; deter-
mination of, dependent upon results of separate elections
Mr. Charles A. Noone, of Chattanooga, Tenn., for the Company.
Mr. 0. S. Baxter, of Chattanooga, Tenn., for the U. S. A.
Mr. W. R. Barney, of Chattanooga, Tenn., for the I. A. M.
Mr. W. G. Kissinger, of Chattanooga, Tenn., for the Molders Union.
Mr. William C. Baisinger, Jr., of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
Upon petition duly filed by United Steelworkers of America, C. 1. 0.,
herein, called the U. S. A., alleging that a question affecting commerce
had arisen concerning the representation of employees of Ross-Meehan
Foundries, Chattanooga, Tennessee, herein called the Company, the
National Labor Relations Board provided for an appropriate hearing
upon due notice before Robert F. Koretz, Trial Examiner. Said hear-
ing was held at Chattanooga, Tennessee, on September 1, 1942. The
Company; the U. S. A.; International Association of Machinists,
Success Lodge No. 56, herein called the I. A. M.; and International
Molders and Foundry Workers Union of North America, herein called
the Molders Union, appeared, participated, and were afforded full
opportunity to be heard, to examine and cross-examine witnesses, and
44 N. L. R. B., No. 105.
569
570 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
to introduce evidence bearing on the issues. At the close of the hear-
ing, the U. S. A. moved that the I. A. M. be denied a place on the ballot
for the reason that it had failed to make a substantial showing of rep-
resentation in the unit alleged appropriate by the U. S. A. The Trial
Examiner reserved ruling on this motion and referred it to the Board.
It is hereby denied. The Trial Examiner's rulings made at the hear-
ing arp, 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
Ross-Meehan Foundries is a Tennessee corporation engaged at Chat-
tanooga, Tennessee, in the production of iron and steel castings. The
Company also operates a' machine shop in connection with its iron
and steel foundry. During 1941 the Company produced materials,
including pig iron, ingot steel, scrap steel, and scrap iron, valued in
excess of $1,000,000; 90 percent of the raw materials used in the' pro-
duction of the above-named materials was shipped to the Company
from points outside the State of Tennessee. During the same period
the Company sold finished products valued at over $1,000,000, 90 per-
cent of which was sold to customers outside the State of Tennessee.
The Company admits it is engaged in commerce within the meaning
of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
United Steelworkers of America is a labor organization affiliated
with the Congress of Industrial Organizations. It admits to member-
ship employees of the Company.
International Association of Machinists and International Molders
and Foundry Workers Union of North America are labor organiza-
tions affiliated with the American Federation of Labor. They admit
to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The U. S. A., the I. A. M., and the Molders Union have each requested
the Company to recognize it as exclusive representative of the em-
ployees in the unit which each union alleges is appropriate, but the
Company refuses to recognize or bargain with any of the three unions
until it is certified by the Board. A statement by a Field Examiner
,of the Board, introduced in evidence at the hearing, shows that the
ROSS-MEEHAN FOUNDRIES • 571
U. S. A. and the I. A. M. each represents a' substantial number of
employees in the unit-which it alleges is appropriate.'
We find that a question affecting commerce has arisen concerning
the employees of the Company within the meaning of Section 9 (c)
and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT ; THE DETERMINATION OF REPRESENTATIVES
The U. S. A. contends -that the appropriate unit should consist of all
production and maintenance employees of the Company, excluding
supervisory employees, clerical employees, inspectors, and watchmen.
The Molders Union contends that all production and maintenance
employees of the Company, excluding supervisory and clerical em-
ployees, watchmen, inspectors, machinists,' truck drivers, janitors,
and'inspection labor, constitute an appropriate, unit.
The I. A. M. contends that all machinists, machinists' helpers,
machine operators, machine drillers, machine grinders, electricians,
and electrician helpers, and maintenance men and millwrights who
repair machinery, constitute a separate appropriate unit.
The sole issues, therefore, involve the inclusion or exclusion of
inspection labor, truck drivers, and janitors, and the disposition
of the machinists.
There was no evidence as to the duties of inspection labor. We
infer, from the pay-roll classification used, that this category of
employees comprises unskilled labor attached to the inspection force.
We shall include it in the production and maintenance unit.
The Molders Union opposed the inclusion of truck drivers on the
ground that they constitute a separate craft. We shall exclude them.
,Both the U. S. A. and the Molders Union exclude office janitors
from membership and would exclude them from the unit. The
U. S. A. contends that plant janitors should be included, whereas
the Molders Union denies that there are any janitors employed in
the plant: The record does not indicate whether any janitors are
'The statement of the Field Examiner shows that the U . S A submitted to him 391
application -for-membership cards dated between January 1 and July 15, 1942, bearing
apparently genuine original signatures , 362 of which are names of persons whose names
are on the Company 's pay roll of July 10, 1942. Said pay roll contains the names of
713 persons in the alleged appropriate unit.
The Field Examiner 's statement further shows that the I A. M. submitted to him 34
authoiization ,cards dated between February 1 and July 1 , 1942, ' and bearing apparently
genuine original signatures , 29 of which are names of persons whose names appear on
the Company ' s pay roll of July 10 , 1942 Said pay roll contains the names of 50 persons
in the unit alleged appropriate by the I A. M. -
The statement further shows that the Molders Union submitted to the Field Examiner
65 authorization cards dated between February 1 and July 15, 1942 , and bearing appar-
ently genuine original signatures , 57 of which are names of persons whose names are on
the Company's pay roll of July 10, 1942 Said pay roll contains the names of 663 persons
in the unit alleged appropriate by the Molders Union.
2 The Molders Union would exclude all categories claimed by the I A. M.
J
572 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
there employed. We shall exclude only the office janitors, no reason
appearing why plant janitors should be excluded from a unit of
production and maintenance employees.
Between 40 and 45' machinists work in the machine shop in the
plant, but some others, such as employees who are engaged in making,
building, erecting, and repairing machinery and parts thereof, are
scattered throughout the entire plant. The I. A. M. contends that
all these employees should be included in its appropriate craft unit,
except the common laborers who are employed in the machine shop.
All the employees claimed by the I. A. M. are skilled mechanics
engaged in construction and maintenance work as distinguished from
production work. Although the U. S. A. claims some members in
this proposed unit, it is clear that a substantial number have indicated
a desire to be represented in a craft unit by the I. A. M.'. There is
no history of bargaining between the Company and its employees.
We find that the employees of the Company in the unit alleged
appropriate by the I. A. M. may properly be considered as a separate
unit or may be merged in the larger production and maintenance unit.
We shall accordingly make no final determination of appropriate unit
at this time, but shall direct that the question concerning representa-
tion which, has arisen be resolved by separate elections by secret
ballot among the Company's employees, as follows :
(a) All production and maintenance employees of the Company,
including inspection labor, but excluding supervisory and clerical
employees, inspectors, watchmen, office janitors, and truck drivers,
to determine whether they desire to be represented by International
Molders and Foundry Workers Union of North America or by United
Steelworkers of America, C. I. O., for the purposes of collective
bargaining, or by neither ;
(b) All machinists, machinists' Helpers, machine operators, machine
drillers, machine grinders, electricians and electrician helpers, and
maintenance men and millwrights who repair machinery, to determine
whether they desire to be represented by International Association of
Machinists, A. F. L., or by United Steelworkers,of America, C. I. 0.,
for the purposes of,collective bargaining, or by neither.
Those eligible to vote shall be the employees in the enumerated cate-
gories who were employed during the pay-roll period immediately
preceding the Direction of Elections herein; subject to the limita-
tions and additions set forth in the Direction.
Upon the results of the elections will depend, in part, the appropriate
unit or units. If a majority in both groups select the U. S. A. the
two groups will constitute a single appropriate unit; if not, they may
constitute separate units.
3 See footnote 1, supra.
ROSS-MEEHAN FOUNDRIES
DIRECTION OF ELECTIONS
573
By virtue of and pursuant to the power vested in the National Labor
Relations Board by Section 9 (c) of the National Labor Relations 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 Ross-Meehan
Foundries, Chattanooga, Tennessee, 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 of Elections, under the direction
and supervision of the Regional Director for the Tenth Region, acting
in this matter as agent for the National Labor Relations Board, sub-
ject to Article III, Section 9, of said Rules and Regulations, among
those employees who fall within the groups described below and who
were employed by the Company during the pay-roll period imme-
diately preceding the date of this Direction, including employees who
did not work because they were ill or on vacation or in the active mili-
tary service or training of the United States, or who were then or
have since been temporarily laid off, but excluding those who have
since quit or been discharged for cause :
(a) All production and maintenance employees, including inspec-
tion labor, but excluding supervisory and clerical employees, inspec-
tors, watchmen,' office janitors, and truck drivers, to determine whether
they desire to be represented by International Molders and Foundry
Workers Union of North America or by United Steelworkers of Amer-
ica, C. I. 0., for the purposes of collective bargaining, or by neither;
and
(b) All machinists, machinists' helpers, machine operators, machine
drillers, machine grinders, electricians and electrician helpers, and
maintenance men and. millwrights who repair machinery, to determine
whether they desire to be represented by International Association of
Machinists, Success Lodge No. 56, A. F. L., or by United Steelworkers
of America, C. I. 0., for the purposes of collective bargaining, or by
neither.
MR. War. M. LEISERSON took no part in the consideration of the above
Decision and Direction of Elections.