Unit Cast. Corp.

National Labor Relations Board - Board Decisions

May 11, 1938

7 N.L.R.B. 129 (N.L.R.B. 1938)

In the Matter of UNIT CAST CORPORATION and STEEL WORKERS
ORGANIZING COMMITTEE
Case No. B-635.-Decided May 11, 1938
Steel Products Manufacturing Industry-Investigation of Representatives:
controversy concerning representation of employees : rival organizations; em-
ployer's refusal to grant recognition of union ; substantial doubt as to majority
status-Contract : no bar to election where petition filed prior to time for re-
newal-Unit Appropriate for Collective Bargaining: production and maintenance
employees , excluding supervisory , clerical , salaried , student, and casual em-
ployees; no controversy as to-Representatives : eligibility to participate in
choice : employees temporarily laid off , to participate in election-Election
Ordered
Mr. Harry L. Lodish, for the Board.
Mr. Orville Benadom, Mr. James Smart, Mr. Arthur Taylor, Mr.
Julius Sobony, of Toledo, Ohio, for the Amalgamated.
Mr. Merl Marks, Mr. Alfred Stencil, Mr. Otto W. Brach, of Toledo,
Ohio, for the International.
Mr. Harry E. Selekman, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On November 3, 1937, Steel Workers Organizing Committee, on
behalf of Amalgamated Association of Iron, Steel, and Tin Workers
of North America, Lodge 2038, herein called trig Amalgamated, filed
with the Regional Director for the Eighth Region (Cleveland, Ohio)
a petition alleging that a question affecting commerce had arisen con-
cerning the representation of employees of Unitcast Corporation,'
Toledo, Ohio, herein called the Company, and requesting an investiga-
tion and certification of representatives pursuant to Section 9 (c) of
the National Labor Relations Act, 49 Stat. 449, herein called the
Act. On January 12, 1938, 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
i Referred to in the petition and in the order directing investigation and hearing as
Unit Cast Corporation.
129
130 NATIONAL LABOR RELATIONS BOARD
and Regulations-Series 1, as amended, ordered an. investigation and
authorized- the Regional Director to conduct it and to provide for
an appropriate hearing upon due notice.
On February 17, 1938, the Regional Director issued a notice of
hearing, copies of which were duly served upon the Company, upon
the Amalgamated, and upon International Molders' Union of North
America, Local No. 425, herein called the International, a labor
organization claiming to represent employees directly affected by the
investigation. Pursuant to the notice, a hearing was held on March
7 and 10, 1938, at Toledo, Ohio, before Harlow Hurley, the Trial
Examiner duly designated by the Board. The Board was represented
by counsel; the Amalgamated and the International by their officials.
All participated in the hearing. Full opportunity to be heard, to
examine and cross-examine witnesses, and to introduce evidence bear-
ing 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 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
Unitcast Corporation, an Ohio corporation, manufactures electric
steel castings and railway car appliances at Toledo, Ohio. The raw
materials used at the plant are molding sand, scrap, and ferro-alloys.
All of the molding sand comes from Ottawa, Illinois; about 90 per
cent of the scrap is shipped from the Detroit, Michigan, area; and
about 40 per cent of the ferro-alloys are received from Niagara Falls,
New York. About 70 per cent of the finished products, all of which
are made to customers' special order, are sent outside Ohio. The
total value of castings sold over the 6-month period from July 1,
1937, to December 31, 1937, was $413,347.67. The total cost of
materials purchased for the same period was $183,288.59.,
II. THE ORGANIZATIONS INVOLVED
Amalgamated Association of Iron, Steel, and Tin Workers of North
America, Lodge 2038, is a labor organization affiliated with the Com-
mittee for Industrial Organization, admitting to its membership pro-
•duction and maintenance employees of the Company, excluding super-
visory and clerical employees.
International Molders' Union of North America, Local No. 425, is
a labor organization affiliated with the American Federation of Labor.
DECISIONS AND ORDERS 131
It admits to its membership production and maintenance employees of
the Company, excluding supervisory and clerical employees.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has been bargaining with the International since
1934 concerning wages, hours, and other working conditions. The
International and the Company entered into a memorandum of agree-
ment, dated March 1, 1937, which was to continue until March 1,
1938, or thereafter, unless changed by agreement after 30 days' notice
by the Company or the committee of the International. The Inter-
national contends that since no such notice was given, the agreement.
is still in force and is a bar to an election. It appears from the record,
however, that the agreement was entered into by the Company with
the International for its members only. Furthermore, the petition
in this proceeding was filed on November 3, 1937, which was more
than 30 days prior to the renewal date. The Board is, therefore, not
precluded by the agreement from investigating and determining
representatives.2
The Amalgamated first appeared in the plant in August 1937_
On October 14, 1937, it submitted a contract to the Company, but
on October 28 the president of the Company informed the officials,
of the Amalgamated that the Company would not deal with any
organization until it proved proper designation by the employees of
the Company.
We find that a question has arisen concerning representation of
employees of the Company.
IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON
• o
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
At the hearing the International and the Amalgamated stipulated'
that the appropriate unit should consist of production and mainte-
' See Matter of City Auto Stamping Company and International Union, United Avntomo-
bile Workers of America, Local No 12, 3 N. L. R B. 306, and Matter of California, Woor
Scouring Company and Textile Workers Organizing Committee, 5 N., L. R B. 782:
132 NATIONAL LABOR RELATIONS BOARD
nance employees of the Company, excluding supervisory, clerical,
salaried , student, and casual employees. The Company raised no
objections to this unit.
We find that the production and maintenance employees of the
Company, excluding supervisory, clerical, salaried, student, and casual
employees, constitute a unit appropriate 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 effectuate the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
The Company submitted in evidence two pay rolls, one as of October
31, 1937, containing the names of 213 production and maintenance
employees, and the other as of February 27, 1938, containing the names
of 131 production and maintenance employees. The Amalgamated
introduced in evidence a membership list of 130 production and main-
tenance employees of the Company, and the International submitted
a membership list of 203 such employees. A comparison of these lists
with the pay roll of October 31, 1937, shows that the names of 72
employees appear on both lists and on the pay roll, that the names
of 25 persons appear only on the Amalgamated's list and on the pay
roll, and that the names of 97 persons are only on the International's
list and on the pay roll. A comparison of the membership lists with
the pay roll of February 27, 1938, reveals that the names of 36 em-
ployees appear on both lists and on the pay roll, that the names of 40
persons appear only on the Amalgamated's list and on the pay roll,
and that the names of 51 workers are only on the International's list
and on the pay roll. It is apparent, therefore, that neither the
Amalgamated nor the International has clearly established that it
represents a majority of the employees within the appropriate unit.
We find, therefore, that the question which has arisen concerning the
representation of employees of the Compan'^ can best be resolved by
the holding of an election by secret ballot.
The Amalgamated contended that the pay roll of October 31, 1937,
should be adopted for the purpose of determining the eligibility
of the employees of the Company to vote. The International argued
that the pay roll of February 27, 1938, should be used for that pur-
pose. Officials of the Company testified that during the year 1937
they employed a greater number of workers than are presently
needed, inasmuch as during 1937 the Company installed new machin-
ery and renovated the plant; that the present output of the plant
could be increased by 100 to 200 per cent before any additional
DECISIONS AND ORDERS 133
workers would be needed ; and that it was impossible to tell how
-many, of ' the, (82-workers laid, off..since October ; 31, ,1937, would ;.be
reemployed., However,. the„same officials testified that :the 182 men
were,regarded)as-temporary lay-offs andithat-they)still'retained their
seniority -rights., -Since the 82• employees. are •thus.icohsidered, byrthe
-Company; as )'only ;-temporary-' lay-offs',and -since) they:: possess, 'their
seniority rights, we ,conclude that they,, retain their, employee status
within( the ,meaning •ofAhe ,Act:.. The, employees .eligibles to vvote, •in
the election shall be those in the appropriate unit who were on the
Company's pay roll as of October 31', 1937, including those since laid
off, but excluding those who have since quit or been discharged for
cause.
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. A question affecting commerce has arisen concerning the repre-
sentation of employees of Unitcast Corporation, Toledo, Ohio, 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 supervisory, clerical, salaried, student, and casual employ-
ees, constitute a unit appropriate 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, 49 Stat. 449, and pursuant to Article III, Section 8, of
National Labor Relations Board Rules and Regulations-Series 1,
as amended, it is hereby
DIRECTED that, as a part of the investigation ordered by the Board
to ascertain representatives for the purpose of collective bargaining
with Unitcast Corporation, Toledo, Ohio, an election by secret bal-
lot shall be conducted within fifteen (15) days from the date of this
Direction, under the direction and supervision of the Regional Direc-
tor for the Eighth 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 mainte-
nance employees of the Company, who were on the Company's pay
134 NATIONAL LABOR RELATIONS BOARD
roll as of October 31, 1937, including those since laid off, but exclud-
ing supervisory, clerical, salaried, student, and casual employees,
and excluding those who have. since quit or been discharged for
cause, to determine whether they desire to be represented by Amalga-
mated Association of Iron, Steel, and Tin Workers of North America,
Lodge 2038, or by International Molders' Union of North America,
Local No. 425, for the purposes of collective bargaining, or by neither.