The Harrison Steel Castings Co.

National Labor Relations Board - Board Decisions

Jan 11, 1940

19 N.L.R.B. 323 (N.L.R.B. 1940)

In the Matter of THE HARRISON STEEL CASTINGS COMPANY and
FEDERAL LABOR UNION No. 21931 AFFILIATED WITH THE A. F. OF L.
I
Case No. B-1593.-Decided January 11, 1940
Steel Castings Atanitfacturing Industry-Investigation, of Representatives:
question concerning representation: company refuses to recognize Union as sole
collective bargaining agent until Union is certified by the Board-Unit Appro-
priate for Collective Bargaining: production and maintenance employees,. exclud-
ing supervisory and clerical employees; Company's contention that clerical em-
ployees be included, not sustained-Representative: eligibility date: Union's
contention that earlier pay-roll date be used in view of alleged unfair labor
practices involved in hiring persons subsequent to date of filing of petition ;
charges of unfair labor practices filed with Board after date of hearing ; refusal
of Regional Director to issue complaint on basis of these charges; current pay
roll selected-Election Ordered
Mr. Arthur R. Donovan, for the Board.
Mr. Carl Wilde, of Indianapolis, Ind., and Mr. Lee Whitehall, of
Attica, Ind., for the Company.
Mr. Hugh, Gormley, of Indianapolis, Ind., for the Union.
Mr. Louis A. Poland, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On June 6, 1939, Federal Labor Union No. 21931, affiliated with
the A. F. of L., herein called the Union, filed with the Regional
Director for the Eleventh Region (Indianapolis, Indiana) a petition
alleging that a question affecting commerce had arisen concerning the
representation of employees of The Harrison Steel Castings Com-
pany, Attica, Indiana, herein called the Company, and requesting an
investigation and certification- of representatives pursuant to Section
9 (c) of-the National Labor Relations Act, 49 Stat. 449, herein called
the Act. On September 25, 1939, 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, ordered an investigation and authorized
the Regional Director to conduct it and i o provide for an appropriate
hearing upon due notice.
19 N. L. R. B., No. 36.
323
324 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
On October 21, 1939, the Regional Director issued a notice of hear-
ing, copies of which were duly served upon the Company and the
Union. Pursuant to notice, a hearing was held on November 2, 1939,
at Attica, Indiana, before William B. Barton, the Trial Examiner
duly designated by the Board. The Board and the Company were
represented by counsel, the Union by a representative, and +all par-
ticipated in the hearing. Full opportunity to be heard, to examine
and cross-examine witnesses, and to introduce evidence bearing on the
issues was afforded all parties. During the course of the hearing the
Trial Examiner made several rulings on motions and on objections to
the admission of evidence. The Board has reviewed the rulings of
the Trial Examiner and finds that no prejudicial errors were com-
mitted. 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
The Harrison Steel Castings Company is an Indiana corporation
engaged in the general manufacture of steel castings, including cast-
ings for caterpillar tractors and railroad equipment. Its principal
office and place of business are in Attica, Indiana. The raw materials
used by the Company in its manufacturing operations include pig
iron, used axles, train wheels, fire brick, and sand. The cost of the
raw materials purchased by the Company during the first 10 months
of 1939 was between $325,000 and $400,000, of which amount approxi-
mately 50 per cent represented raw materials purchased outside the
State of Indiana. During the same period, the products manufac-
tured by the Company amounted in value to about $1,000,000, of
which approximately 75 per cent represented the value of products
shipped by the Company to States other than the State of Indiana.
At the time of the hearing, the Company had over 640 production.
and maintenance employees.
H. THE ORGANIZATION INVOLVED
Federal Labor Union No. 21931, affiliated with the A. F. of L., is
a labor organization admitting to its membership production and
maintenance employees of the Company, excluding clerical and
supervisory employees.
M. THE QUESTION CONCERNING REPRESENTATION
The Union began to organize the production and maintenance em-
ployees of the Company in September 1938. On March 29, 1939.
representatives of the Union met in conference with R. J. Harrison,
THE :H:A'lIRSSON STE'LL C/AST' INC^i; COMPANY 325
vice president of the Company, and G. C. Dickey, assistant superin-
tendent. The union representatives stated that the Union had secured
as members a majority of the Company's employees and requested
that the Company recognize the Union as the sole collective bargain-
ing agent. The Company did not grant this recognition and at the
hearing counsel for the Company stated that it will continue to
withhold recognition until the. Union is certified as the bargaining
representative by this Board. There is no existing collective bargain-
ing contract between the Company and any labor organization and,
so far as the record shows, no other union claims to represent em-
ployees of the Company.
We find that a question has arisen concerning representation of
employees of the Company.
1N'. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON
COMMERCE
We find that the question concerning representation which has
arisen, occurring in connection with the operations of the Company
described in Section I above, has a close, intimate, and substantial
relation to trade, traffic, and commerce among the several States, and
tends to lead to labor disputes burdening and obstructing commerce
and the free flow of commerce.
V. THE APPROPRIATE UNIT
The Union contends that the production and maintenance employees
of the Company, excluding supervisory and clerical employees, con-
stitute a unit appropriate for collective bargaining purposes. The
Company agrees that supervisory employees should be excluded but
desires that the clerical employees be included in a unit with the pro-
duction and maintenance employees. The clerical employees, con-
sisting of stenographers, timekeepers, telephone operators, book-
keepers, record and filing clerks, draughtsman, and office boys, are
paid a semi-monthly salary and receive each year a vacation with
pay, whereas production and maintenance employees work on an
hourly wage basis and receive no vacation with pay. Clerical eln-
ployees are not eligible to membership in the Union. Under the cir-
cumstances we find that the clerical workers may properly be excluded
from a unit consisting of production and maintenance employees.'
We find that the production and maintenance employees of the
Company, excluding clerical and supervisory employees, constitute a.
unit appropriate for the purposes of collective bargaining and that
'See Hatter of ,Southern California Cas Company and Utility 11,orkers Or1/aniziiaj
Committee, Local No. 132, 10 N. L. R. B. 1123, 1138.
2830.30-41-vol. 19-22
326 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
said unit will insure to the employees of the Company the full benefit
of their right to self-organization and to collective bargaining and
otherwise effectuate the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
At the hearing both the Company and the Union agreed that the
bargaining representative of the employees in the appropriate unit
should be determined by an election. We find that the question which
has arisen concerning the representation of employees of the Company
can best be resolved by the holding of an election by secret ballot.
On June 3, 1939, there were approximately 400 production and
maintenance employees on the Company's pay roll. On October 28,
1939, over 640 production and maintenance employees were listed on
its pay roll. This increased number of employees reflects an increase
in the volume of orders which at the time of the hearing insured a
continued high rate of production for at least 3 months. There are
no regular seasonal variations in the Company's business, practically
all of which is dependent upon special orders of customers. The
Union contends that the pay roll for the week ending June 3, 1939,
the pay-roll period immediately preceding the date of filing of the
petition, should nevertheless be used as the basis for eligibility to vote
in the election because'persons hired by the Company since that date
have allegedly been selected with a view to their antagonism to the
Union or have allegedly been coerced by or on behalf of the Company
against the Union. On November 3, 1939, the day after the close of
the hearing, the Union filed with the Regional Director for the
Eleventh Region charges alleging that the Company had, by such
acts, engaged in unfair labor practices within the meaning of the Act.
On December 12, 1939, the Regional Director, after investigation, re-
fused to issue a complaint on the basis of these charges. The Union
has not requested the Board to review the Regional Director's action.
Under the circumstances, we are of the opinion that the use of a
current pay roll will best effectuate the policies of the Act. We
shall, accordingly, direct that all persons in the appropriate unit
whose names appear on the Company's pay roll for the pay-roll period
immediately preceding the date of our Direction of Election herein,
including employees who did not work during such pay-roll period
because they were ill or on vacation, and employees who were then or
have since been temporarily laid off, and excluding those who have
since quit or been discharged for cause, shall be eligible to vote in
the election.
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following:
THE HARRISON ,STEEL CASTINGS COMPANY 327
CONCLUSIONS OF LAW
1. A question affecting commerce has arisen concerning the repre-
sentation of employees at The Harrison Steel Castings Company,
Attica, Indiana, within the meaning of Section 9 (c) and Section
2 (6) and (7) of the National Labor Relations Act.
2. The production and maintenance employees of the Company,
excluding clerical and supervisory employees, constitute a unit appro-
priate for the purposes of collective bargaining, within the meaning
of Section 9 (b) of the National Labor Relations Act.
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 8, of National Labor
Relations Board Rules and Regulations-Series 2, it is hereby
DIRECTED that, as part of the investigation authorized by the Board
to ascertain representatives for the purposes of collective bargaining,
an election by secret ballot shall be conducted as early as possible but
not later than thirty (30) clays from -'the date of this Direction of
Election under the direction and supervision of the Regional Director
for the Eleventh 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 the. production and main-
tenance employees of The Harrison Steel Castings Company, Attica,
Indiana, who were employed by the Company during the pay-roll
period immediately preceding the date of this Direction of Election,
including employees who did not work during such pay-roll period
because they were ill or on vacation and employees who were then
or have since been temporarily laid off, but excluding any such
employees who have since quit or been discharged for cause and
excluding clerical and supervisory employees, to determine whether
or not they desire to be represented by Federal Labor Union No.
21931, affiliated with the N. F. of L., for the purposes of collective
bargaining.