Unitcast Corp.

National Labor Relations Board - Board Decisions

Jul 13, 1942

42 N.L.R.B. 409 (N.L.R.B. 1942)

In,the Mattei Of UNITCAST CORPOR 1TION and INTERNATIONAL UNION
UNITED AUTOMOBILE , AIRCRAFT & AGRICULTURAL IMPLEMENT WORKERS
OF AMERICA , LOCAL 48, AFFILIATED WITH THE CIO
Case No R--3944-Deeded July 13, 1942
Jurisdiction steel castings manufactuung industry
Investigation-and Certification of Representatives - existence of question con-
flicting claims of ii al iepiesentatiNes, expired contract head no bat , election
necessaly
Unit Appropriate for Collective Bargainin g- all production and maintenance
employees of one of Company's pl.uits, excluding students, supetNisoi , clerical,
salaiied, and casual employees
Mr Harry TV Morgan, of Toledo, Ohio, for the Company
Messrs Lowell Goerizch, Louzs Dulisse, Frank Lzchter, and Harry
Barry, of Toledo, Ohio, for the U A W
Messrs Alfred P Stencel and William Sturm, of Toledo, Ohio, foi
the Molders -
Mr Charles TV' Schneider, of counsel-to the Board
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by Intel national Union United Automobile,
Aircraft & Agricultuial Implement Woi kei s of America, Local 48,
affiliated with the C I. 0, heiem called the U A W, alleging that a
question affecting commeice had arisen concerning the iepresentation
of employees of Unitcast Coipoiation, Toledo, Ohio, herein called the
Company, the National Laboi Relations Board provided for an ap-
propriate hearing upon due notice befoie Max W Johnstone, Trial
Examinei Said heaiing was held at Toledo, Ohio, on June 17, 1942.
The Company, the U A W, and International Molders & Foundry
Woikers of America, Local 425 (AFL), herein called the Molders, a
labor organization claiming to iepresent employees directly affected
by the investigation, appeared and participated i All pasties were
afforded full opportunity to be heaid, to examine and cross-examine
witnesses, and to introduce evidence bearing on the issues. The Trial
I Pattern Makers League of North Aroei Ica, although serr ed with due notice, did not
appear
42N L R B, No 87
409
410 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Examiner's rulings made at the hearing are flee 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
Unitcast Corporation is an Ohio con poration engaged in the manu-
facture of steel castings. In connection with its business it operates
a plant on Front Street, Toledo, Ohio, which is the only plant here
involved The Company uses annually approximately 30,000 tons
of steel scrap, sand, miscellaneous alloys, and other raw materials
valued at more than $750,000. Over 50 percent of such raw materials
is secured from sources outside the State of Ohio. The Company
manufactures annually steel castings valued at more than $2,500,000,
over 51 percent of which is shipped to points outside the State of Ohio.
The Company stipulated that it is engaged in commeice within the
meaning of the National Labor Relations Act
II THE ORGANIZATIONS INVOLVED
International Union United Automobile, Aircraft & Agricultural
,Implement Workers of America, Local 48, is a labor organization
affiliated with the Congress of Industrial Organizations, admitting
to membership employees of the Company
International Molders & Foundry Workers of America, Local 425,
is a labor organization affiliated with the American Fedeiation of
Laboi, admitting to membership employees of the Company
III TIIE QUESTION CONCERNING REPRESENTATION
On February 12, 1942, the U A W notified the Company that it
represented a inajority of the Company's employees and requested
that no contract be signed with any other labor organization until a
Board election had been held
By contract dated June 20, 1939, and extension agreements dated
June 12; 1940, and May 17, 1941, the Company recognized the Molders
as exclusive bargaining representative in what appears to be substan-
tially the unit alleged by the U A W to be appropriate 2 On May
28, 1942, the Molders gave notice to the Company of an intent to
terminate the conti act on its expiration date, July 1, 1942
The Moldeis contends that this agreement is a bar to an election.
However, since it has now expired, we find that the contract does not
constitute a bar to an election - - - -- - -
z The contract describes a unit composed of "all able employees of the Unitcast Cor-
poration engaged directly in the production of castings , except those engaged in cleiical
or supervisory capacities and except so-called pensioners " We assume that this contract
applies only to the Front Street plant .
- UNIICAST CORPORATION 411
A repol t of the Regional Director, introduced into evidence at the
hearing, indicates that the U A W represents a substantial number
of employees in the unit which-we hereinafter find to be appropriate.3
We find that a question affecting cominerce has arisen concerning
the representation of employees of the Company within the meaning
^of Section 9 (c) and Section 2 (6) and (7) of the Act
IV THE APPROPRIATE UNIT. `
We find, in accordance with the contention of the U. A W. which
none of the other parties opposed, that all production and maintenance
employees of the Company's Fi ont Street Foundry, Toledo, Ohio, ex-
eluding students, supervisory, clerical, salaried and casual employees,
constitute a unit appropiiate for the purposes of collective bargaining
within the meaning of Section 9 (b) of the Act 4
V THE DETERMINATION OF REPRESENTATIVES
We shall direct that.the question conceiving 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 p1 eceding the date of the Direction of Election
herein, subject to the limitations and additions set foith in the
Direction 5
DIRECTION OF ELECTION-
By virtue of and puisuant to the power vested in the National
Labor Relations Board by Section 9 (c) of the National Labor Rela-
tions Act, and puisuant to Aiticle III, Sections 8 and 9, of National
Labor Relations Board Rules and Regulations-Series 2, as amended,
it is heieby
DIRECTED that, as part of the investigation authorized by the Board
to ascertain reps. esentatives foi the purposes of collective bai gaining
with Unitcast Corporation, Toledo, Ohio, an election by secret ballot
shall be conducted as early as possible, but not later than thirty (30)
8 The U A W submitted to a Field Examinei 126 authorization cards, "all dated prior
to the filing of the petition", 123 of the cards bore seemingly valid signatuies , 3 of the
signatures were printed , 117 were the names of persons on the Company 's April 15, 1942,
pay roll, listing 291 persons in the category of production workeis
4 In Matter of Unitcast Corporation , and Steel Workers Oigan izing Committee, 7 N L R B
129, we found appiopriate a unit of production and maintenance employees of the Company,
excluding students , supervisoiy , clerical , salaried and casual employees , and on September
15, 1938, after an election , we certified the Moldeis as representative in that unit (8
N L R B 833 ) It appears , and we assume, that this is the same unit as that requested
by the U A W in these proceedings
6 At the hearing the U A W moved that the Molders be excluded from the ballot on the
ground that that organization had not shown evidence of (1) membership , ( 2) interest,
and (3 ) its status as a laboi organization The Trial Examiner referred the motion to the
Board It is heiehy denied -
412 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
days from the date of this Direction of Election, under the direction
and supervision of the Regional Director 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 employees of the Company in the unit found to be appropriate
in Section IV, above, who were employed 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-or in the-active military' service or training of
the United States, or temporarily laid off, but excluding any who have
since quit or been discharged for cause, to determine whether they
desire to be represented by International Union United Automobile,
Aircraft & Agricultural Implement Workeis of America, Local 48,
affiliated with the Congress of Industrial Organizations, or by Inter-
national Molders & Foundry Workers of America, Local 425, affiliated
with the American Federation of Labor, for the purposes of collective
bargaining, or by neither.
In' the Matter Of UNITCAST CORPORATION and INTERNATIONAL UNION
UNITED AUTOMOBILE, AIRCRAFT & AGRICULTURAL IMPLEMENT WORK-
ERS OF AMERICA, LOCAL 48, AFFILIATED WITH THE CIO
Case No R-3944
CERTIFICATION OF REPRESENTATIVES
August 11, 1942
On July 13, 1942, the National Labor Relations Board issued a
Decision and Direction of Election in the above-entitled proceeding 1
Pursuant to the Dii ection of Election, an election by secret ballot was
conducted on July 24, 1942, under the direction and supeivision of
the Acting Regional Director for the-Eighth Region (Cleveland,
Ohio). On July 27, 1942, the Acting Regional Director, acting pur-
suant to Aiticle 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 No objections to the conduct
of the ballot of to the Election Repoit have been filed by any of the
patties
As to the balloting and its iesults, the Acting Regional Director
iepoited as follows
Total on eligibility list_____________________________________ 453
Total ballots cast------------------------------------------ 399
Total ballots cballenged------------------------------------ 0
Total blank ballots------------------- ---------------------- 0
Total ioid ballots------------------------------------------- 3
Total %aiid ^ o(es counted----------------------------------- 396
Votes cast for International Union United Automobile, Aircraft
& Agricultural Implement Workers of America, Local 48
(CIO) --------------------------------------------------- 270
Votes cast for International Molders & Foundry Workers of
America, Local 425 (AFL) -------------------------------- 124
Votes cast for neither of the organizations-------------------- 2
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, Sections 8 and 9,
of National Labor Relations Board Rules and Regulations-Series 2.
as amended,
1 42 N L R Ti 409
42 N L R B, No 87a
413
414 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
IT IS HEREBY CERTIFIED that International Union United Automobile.
Airci aft & Agi icultural Implement Workers of America, Local 48,
affiliated with'the CIO, has been designated and selected by a ma-
jority of the pioduction and maintenance employees of Unitcast Cor-
poration, employed at its Front Street Foundry, Toledo, Ohio, exclud-
ing students, supervisory, clerical, salaiied,,,ai1d casual employees, as
their representative for the purposes of collective bargaining, and
that, puisuant to Section 9 (a) of the National Labor Relations Act,.
International Union United Automobile, Aircraft & Agricultural
Implement Workers of America, Local 48, affiliated with the CIO,
is the exclusive representative of all such employees for the purposes
of collective bargaining in respect to rates of pay, wages, hours of
employment, and other conditions of employment.