Turner Manufacturing Co.

National Labor Relations Board - Board Decisions

Jul 13, 1944

57 N.L.R.B. 251 (N.L.R.B. 1944)

In the Matter of TURNER MANUFACTURING COMPANY and INTERNA-
TIONAL MOLDERS AND FOUNDRY WORKERS UNION OF N. A., A. F. OF L.
Case No. 5-R-1560.-Decided July 13, 1944
Scott cf' Collier by Mr. John A. Scott, of Statesville, N. C., for the
Company.
Mr. F. E. Long, of East Point, Ga., and Mr. John Montgon ery, of
Statesville, N. C., for the Union.
Mr. Bernard Goldberg, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed' by International Molders and Foundry
Workers Union of N. A., A. F. of L., herein called the Union, alleg-
' ing that a question affecting commerce had arisen concerning the
representation of employees of Turner Manufacturing Company,
Statesville, North Carolina, herein called the Company;'the National
Labor Relations Board provided for an appropriate hearing upon due
notice before George L. Weasler, Trial Examiner. Said hearing was
held, at Statesville, North Carolina, on June 5, 1944. The Company
and the Union appeared and participated. All parties were afforded
full opportunity to be heard, to examine and cross-examine witnesses,
and to introduce evidence bearing on the issues. The Trial Examin-
er's rulings made at the hearing are free from prejudicial. error and
are hereby affirmed. All parties were afforded an opportunity to file
briefs'with the Board.
Upon the entire record in the case, the Board makes-the following:
FINDINGS or. FACT
1. THE BUSINESS 'OF THE COMPANY
Turner Manufacturing Company,,a, North Carolina corporation,
is engaged in , the manufacture, assembly. and sale of .peanut pickers,
and other farm machinery, at 'its sole plant and' offices located, at
Statesville, North Carolina. During 1943 it purchased raw materials,
57 N. L. R. B., No: 46.
„^. 251,
252 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
includipg lumber, steel, pig iron, scrap, and castings, valued' at $306,-
713.16, of which approximately 75 percent was shipped into the State
of North Carolina from points outside the State. During the same
period it sold machinery and equipment valued at $721,135.42, of
which approximately 75 percent was shipped' to points outside the
State.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION' INVOLVED
International Molders, and Foundry Workers Union of N. A:
affiliated with the American Federation of Labor, is'a labor organiza-
tion admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTA'ION
The Company has refused to grant recognition to the Union as the
exclusive bargaining representative of its foundry eliiployees until
the Union has been certified by the Board in an appropriate unit.
A statement of a Board agent, introduced into evidence at the
hearing, indicates that the Union represents a substantial number of
employees in the unit hereinafter found appropriate.
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company within the meaning
of Section 9 (c) arid, Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT-
The Union seeks a unit' composed of all foundry employees, ex- -
cluding,clerical and supervisory personnel. The Company. contends
that the appropriate unit should include all production and mainte-
nance employees of the Company. The foundry is a separate depart-
ment housed in a building of its own. The, skills of foundry em-'
ployees are distinct from those of employees'in other departments
of the factory, and employees are not transferred from the foundry
to other departments,'or vice'versa. There is no history of collective
bargaining in the plant. The Union has confined its organizational.
activities to employees 'in the foundry and, so far as appears from the
record, no other union is attempting to organize the employees of tl}e, '
Company. We have held `many` times that foundry workers may
constiute a separate unit appropriate for the_ purposes of collective
bargaining.2 '
"The Field' Examiners reported that the U$ ion submitte'd ''30 authorization cards 29 of
whichibore apparently; genuine original signatures ;' that the names,of.29 persons- appearing
on,the cards were listedlon the Company's , pay. roll of April 27, 1944, which contained the
names of 35 ' employees ` in 'the appropriate unit ; 'and that the cards' were all dated 'in
April, 1944 .
2 See Matter of National Bearing Metals Corporation, 48 N. L. R. B. 418; Matter of
Maryland ,-Sanitary, Manufacturing , Corporation,. 53 N . L. R. B. f490 ;,Matter of Goslin-
Birniingham Manufacturing Company, Inc., 55 N. L . R. B. 304.
TURNER MANUFACTURING COMPANY 253
We find that all employees in the foundry, excluding clerical workers,
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 purpose of collective bargaining within the mean-
ing of Section 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by an election •by secret ballot among the em-
ployees in the appropriate unit who were employed during the pay-roll
period immediately preceding the date of the Direction of Election
herein, subject to the limitations and additions set forth in the
Direction .3
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-Series3, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with, Turner Manu-
facturing Company, Statesville, North Carolina, an election 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 Fifth Region, acting
in this matter as agent for the National Labor Relations Board, and
subject to Article III, Sections 10 and 11, of said Rules and Regula-
tions among the 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 any 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 or not they desire to be represented
by International Molders and Foundry Workers Union of N. A.,
affiliated with the American Federation of Labor, for the purposes
of collective bargaining.
9 The Union's request to be designated on the ballot as International Molders and
Foundry Workers Union of N. A is hereby granted.