The Central Foundry Co.

National Labor Relations Board - Board Decisions

May 17, 1940

23 N.L.R.B. 914 (N.L.R.B. 1940)

In the Matter of THE CENTRAL 'FOUNDRY COMPANY and. -. STEEr
WORKERS ORGANIZING COMMITTEE
Case No. R-16500
SUPPLEMENTAL DECISION
AND
CERTIFICATION OF REPRESENTATIVES
May 17, 1940
On February 5, 1940, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Elections 1 in
the above-entitled proceedings. On February 21, 1940, the Board
issued an Amendment to Direction of Elections 2 granting the re-
quest of International Molders' Union of North America that its
name not appear upon the ballot. Pursuant to the Direction of
Elections, as amended, an election by secret ballot was conducted on
March. 5, 1940, under the direction and supervision of the Regional
Director for the Tenth Region (Atlanta, Georgia).s On April 23,
1940, the Regional Director, acting pursuant to Article III, Section
9, of National Labor Relations Board Rules and Regulations-
Series 2, as amended, issued and duly served upon the parties an
Election Report.4 No objections to the conduct of the ballot or the
Election Report have been filed by any of the parties.
As to the balloting and its results, the Regional Director reported
as follows :
1 20 N. L. R. B. 131.
2 20 N. L. R. B. 138.
8 The Direction of Elections ordered separate elections among two groups of employees :
(a) production and maintenance employees and (b) pattern makers and pattern makers'
apprentices . In his Election Report, the Regional Director reported that no election
was conducted among pattern makers for the reason that no eligible employees were
within that group.
' The Regional Director had issued an Election Report on March 11, 1940 , which was
duly served on the parties . On April 23, 1940 , the Regional Director served notice
on all parties of the withdrawal of the said Election Report of March 11, 1940.
23 N. L. R. B., No. 94.
914
THE CENTRAL FOUNDRY COMPANY 915
Total number eligible______________________________________ 351
Total
Total
ballots
number
cast__________________________________________
of ballots cast for Amalgamated Association
278
of Iron, Steel and Tin Workers of North America, Lodge
No. 2133, through Steel Workers Organizing Committee____ 249
Tgtal.nunber of ballots cast against Amalgamated Association
of Iron , Steel and Tin Workers of North America, Lodge
No. 2133, through Steel Workers Organizing Committee____ 26
Total number of challenged ballots__________________________ 3
Total number of void ballots________________________________ 0
Total number of blank ballots_____ __________________________ 0
In the Decision and Direction of Elections above referred to, the
Board made no final determination as to the appropriate unit or units
since such determination depended upon the results of the elections.
In view of the fact that no election was conducted among pattern
makers and pattern makers' apprentices for the reason that no eli-
gible employees were employed within that group, we make no de-
termination as to the appropriateness of a unit of such employees or
their inclusion in a broader units
.Upon the entire record in the case, the Board makes the following :
SUPPLEMENTAL FINDINGS OF FACT
We find that the production and maintenance employees, excluding
supervisory and clerical employees, employed by The Central Foundry
Company at its Bessemer, Alabama, plant, constitute a unit appro -
priate,for the purposes of collective bargaining, and that said unit
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.
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following :
SUPPLEMENTAL CONCLUSION OF LAW
The production and maintenance employees, excluding supervisory
and clerical employees, employed by The Central Foundry Company
at its Bessemer, Alabama, plant, constitute a unit appropriate for
the purposes of collective bargaining, within the meaning of Section
9 (b) of the National Labor Relations Act.
5 Under these circumstances , it is unnecessary to rule upon the request of Pattern Makers
Association of Birmingham , Alabama, filed February 27, 1940, that its name be removed
from the ballot among such employees without prejudice to its right to petition in the
future for an election among pattern makers should any be employed by the Company
916 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
CERTIFICATION OF REPRESENTATIVES
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, Sections 8 and 9, of National
Labor Relations Board Rules and Regulations-Series 2, as
amended,
IT IS HEREBY CERTIFIED that Amalgamated Association of Iron,
Steel and Tin Workers of North America, Lodge No. 2133, through
Steel Workers Organizing Committee, has been designated and -se-
lected by a majority of the production and maintenance employees,
excluding supervisory and clerical employees, employed by The Cen-
tral Foundry Company at its Bessemer, Alabama, plant, as their rep-
resentative for the purposes of collective bargaining and that,
pursuant to Section 9 (a) of the Act, Amalgamated Association of
Iron, Steel and Tin Workers of North America, Lodge No. 2133,
through Steel Workers Organizing Committee, is the exclusive rep-
resentative of all such employees for the purposes of collective bar-
gaining in respect to rates of pay, wages, hours of employment, and
other conditions of employment.