Vilter Manufacturing Co.

National Labor Relations Board - Board Decisions

Sep 21, 1942

44 N.L.R.B. 232 (N.L.R.B. 1942)

In the Matter Of VILTER MANUFAOTURING COMPANY and INTERNA-
TIONAL MOLDERS' AND FOUNDRY WORKERS' UNION, LOCAL No. 125
(AFL)
Case No. R-4206.-Decided September 921,1942
Jurisdiction : refrigeration and ordnance equipment manufacturing industry.
Investigation and Certification of Representatives : existence of question : stipu-
lation as to; members-only contract executed after notice of rival claim
of representation held no bar; election necessary.
Unit Appropriate for Collective Bargaining : foundry employees, including in-
dentured apprentices, and all common and semi-skilled foundry labor, but
excluding supervisory, clerical and salaried employees.
Practice and Procedure : petition to be dismissed in` the event intervening indus-
trial,organization should be selected by the employees in the appropriate
unit.
Definitions : indentured apprentices, employed under contracts subject to ap-
proval of State Industrial Commission, held to be 'employees who might
designate collective, bargaining representatives within the meaning of Sections
2 (3) and 9 (a) of the Act.
Mr. Clarence A. Meter, for the Board.
Lamfrom, Tighe, Engelhard do Peck, by Mr. Leon B: Lamfrom, of
Milwaukee, Wis., for the Company.
Mr. Delbert H. Reynolds, Mr. David H. Rath, and Mr. Elgie
Hendricks, of Milwaukee', Wis., for the Molders.
Mr. W. O. Sonnemann and Mr. William Momblow, of Milwaukee,
Wis., for the U. S. A.
Mr. Charles W. Schneider, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by International Molders' and Foundry
Workers' Union, Local No. 125 (AFL), herein called the Molders, al-
leging that a question affecting commerce had arisen concerning the
representation of employees of Vilter Manufacturing Company, Mil-
waukee, Wisconsin, herein called the Company, the National Labor
Relations Board provided for an appropriate hearing upon due
44 N. L. R. B., No. 42.
232
VILTER MANUFACTURING COMPANY 233
notice before Edward Grandison Smith', Trial Examiner. Said hear-
ing was held at Milwaukee, Wisconsin, on August 25 and .26, 1942.
The Board, the Company, the Molders, and United Steelworkers of
America, Local Union 1018 (CIO), herein called the U. S. A., ap-
peared, participated, and were afforded, full opportunity to be heard,
to examine and cross-examine witnesses, and "to introduce evidence
bearing on the issues. The Trial Examiner's rulings made at the
hearing are free from prejudicial" error and are hereby , ' Armed.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Vilter Manufacturing Company is a Wisconsin 'corporation operat-
ing a plant at Milwaukee, Wisconsin, at which it manufactures re-
frigeration and air conditioning equipment, grey iron castings, and
ordnance equipment for the United States Army.' The principal raw
materials used by; the Company are pig iron, steel tube, pipe, billets,
forges, and gun tubes. The Company purchased during,the fiscal'year
ending July 31, 1941, raw materials valued at approximately $1,500,-
000; over 50 percent of which was secured from sources outside the
State of Wisconsin. During the same period the Company. sold fin-
ished products valued at approximately $2,500,000, of which in excess
of 80 percent was shipped to points outside the State of Wisconsin.
II. THE ORGANIZATIONS INVOLVED
International Molders' and Foundry Workers' Union, Local No.
125, is a labor organization affiliated with the American Federation of
Labor, admitting to membership employees of the Company.
United Steelworkers of America, Local Union 1018, is a labor or-
ganization affiliated with the Congress of Industrial Organizations,
admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The parties stipulated that a question concerning representation has
arisen. On June 22, 1942, the Molders demanded of the Company
recognition as exclusive bargaining representative of the Company's
foundry employees. The Company declined, however, to accord the
Molders recognition other than upon a members-only basis.
The Company by contract dated July 28, 1942, and expiring July 31,
1943, has recognized the U. S. A. as representative of the Company's
employees who are U. S. A. members, excluding supervisory and cer-
' The Company also operates a cold storage warehouse at Miami, Florida , but that
establishment is not involved in these proceedings.
234 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
tain salaried office and clerical employees. Neither the Company nor
the U. S. A. indicated whether it; considers the U. S. A, contract to be
a bar to an election. We find, however, that since the contract is for
members only and was executed with knowledge of the representation
claim of the Molders, it is not a bar to an election.
A report of the Acting Regional Director, introduced into evidence
at the hearing, indicates that both labor organizations represent sub-
stantial numbers of employees within the alleged appropriate unit.'
We find that a question affecting commerce 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
The Molders contend that the foundry employees, including inden-
Lured apprentices, constitute an appropriate unit.
The Company and the U. S. A. contend that only a plant-wide unit
is appropriate, but neither indicated a desire for an. election in such t
unit. Both the Company and the U. S. A. would exclude indentured
apprentices.
The Company's operations appear to be typical of manufacturing
plants producing -and machining their own castings. The plant is
divided into a number of departments which are largely in separate
buildings, and the most important of which are the foundry, the ma-
chine shop, the erecting shop, the pipe and welding shop, and the
forge shop. Each department has a separate superintendent. Inter-
changes of personnel between the foundry and other departments have
occurred but do not appear to be common. Although the operations
are in some respects integrated, it appears that the foundry can
operate independently of the other departments.
By virtue of, various contracts and amendments thereto, the Com-
pany has, since April 14,' 1938, recognized and bargained with the
U. S. A. and its predecessors, Steel Workers Organizing Committee and
Amalgamated Association of Iron,, Steel and Tin Workers of America,
on a members-only basis. From May 17, 1940, to July 31, 1942, the
Company also recognized, contracted and bargained with the Molders
on a members-only basis. The last contract with the Molders was
terminated by virtue of notice from the Molders of a desire for an
exclusive bargaining agreement. As indicated above, the Company
declined to contract with the Molders other than on a members-only
basis.
2 The Molders submitted to the Regional Director dues records and applications for
membership indicating that that organization represented 71 employees on the Company's
July 22 , 1942, foundry pay roll, listing 128 such employees.
The U S A submitted membership cards indicating that that organization represented
20 foundry employees on the July 22, 1942, pay roll.
VILTER MANUFACTURING COMPANY 235
• Although under different •circumstances.the plant-wide unit urged
by the Company and the U. S. A. might be appropriate, we are of the
opinion that at the present time, in view of the bargaining history,
and in order to make collective baraining for all the foundry em-in
ployees an immediate possibility, such employees constitute an appro-
priate unit.
The apprentices
The indentured apprentices, whom the Molders would include in
the unit and whom the Company and the U. S. A. would exclude, are
seven in number. These employees are minors employed under con-
tracts of indenture between the Company and the parents or guardians
of the minors. Under the indentures, the minors agree to serve an
apprenticeship for a specified period and the Company agrees to teach
the particular trade. These contracts appear to be required by the
laws of the State of Wisconsin and are subject to the approval of the
Wisconsin 'Industrial Commission, which may terminate them for
cause. The contracts provide for wage rates and hours of employ-
ment during the period of apprenticeship.
The Company and the U. S. A. contend that the indentured appren-
tices are in effect wards of the State and not proper subjects for col-
lective bargaining representation by a labor organization. However,
we are of the opinion that the contracts of indenture and the laws of
the State of Wisconsin will not interfere with the processes of collet
tive bargaining. In any event, the apprentices are employees who may
designate collective bargaining representatives within the meaning
of Sections 2 (3) and 9 (a) of the Act.3
The parties stipulated that if the Board should find that the foundry
employees constitute an appropriate unit, all foundry employees con-
sisting of certain classifications should be entitled to vote. In accord-
ance with • the stipulation and our decision herein, we find that all
foundry employees consisting of the following classifications consti-
tute a unit appropriate for the purposes of collective bargaining,
within the meaning of Section 9 (b) of the Act: molders, coremakers,
molders' helpers, coremakers' helpers, cupola- tenders, cupola helpers,
flask repairmen and carriers, foundry janitors,, shakeout men, foundry
crane operators, pattern carriers, chippers, grinders, sand blasters,
yard derrick men, maintenance foundry men, sand facing mixers, in-
3 Matter of Ampco Metal, Incorporated and Am pee Employees Mutual Benefit Associa-
tion, 28 N L. R B 1227. We do not regard Matter of Marren-Rockwell Coiporation and
Local No 338, United Automobile Workers of America, 5 N. L. R . B 206, and Matter of
Marlin-Rockwell Corporation and International Union, United Automobile Workers of
America , Local , # 338, 19 , N L. R. B. 648, as applicable here. In those cases the New York
State Department of Education and the Jamestown , N. Y , Board of Education were
parties to the contract of indenture In the instant case neither the State of Wisconsin
nor any of its governmental subdivisions is a contracting party.
487498-42-vol. 44-16
236 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
dentured apprentices, and all common and semi-skilled foundry labor,
but excluding supervisory, clerical and salaried employees. , ,
V. THE DETERMINATION OF REPRESENTATIVES
The U. S. A. requested that in the event an election was directed
among the foundry employees, the ballot present to the employees the
question whether they desire to bargain separately or as part of a
plant-wide unit. We shall place both the Molders and the U. S. A. on
the ballot. In the event the U. S. A. wins the election, we shall, if
that organization so desires, dismiss the Molders' petition rather than
certify the U. S. A. as collective bargaining representative for the
foundry employees.
The Molders requested that eligibility to vote in the election be de-
termined by the pay roll of July 15, 1942, the day on which the Molders
filed its petition, asserting as a reason that there may have been per-
sonnel changes since that date. We shall direct, however, in accord-
ance with the contentions of the Company and the U. S. A., and our
usual practice, that the question concerning representation which has
arisen be resolved by an election by secret ballot among the employees
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'.
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 Relations
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
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Vilter Manufac-
turing Company, Milwaukee, Wisconsin, 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 of Election, under the direction
and supervision of the Regional Director for the Twelfth 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 in the unit found to be appropriate in Section
IV, above, who were employed during the pay-roll period immedi-
ately preceding the date of this Direction of Election, including em-
ployees 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
4
VILTER MANUFACTURING COMPANY 237
have since quit or been discharged for cause, to determine whether
they desire to be represented by International Molders' and Foundry
Workers' Union, Local No. 125, affiliated with the American Federa-
tion of Labor, or by United Steelworkers of America, Local Union
1018, affiliated with the Congress of Industrial Organizations, for the
purposes of 'collective bargaining, or by neither.
MR. WM. M. LEISEESON took no part in the consideration ' of the
above Decision and Direction of Election.