Walker Machine & Foundry Corp.

National Labor Relations Board - Board DecisionsMar 31, 1944

55 N.L.R.B. 926 (N.L.R.B. 1944)

In the Matter Of WALKER MACHINE & FOUNDRY CORPORATION and UNITED STEELWORKERS Or AMERICA, CIO Case No. 5-R-1503.-Deckled March 31, 1914 Messrs. L. Franklin Moore and IV. P. Ha.slegrove, of Roanoke, Va., for the Company. Mr. Robert Boyer, of Lynchburg, Va., for the Union. Mr. Isadore Greenberg, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon a petition duly filed by United Steelworkers of America, CIO, herein, called the Union, alleging that a question affecting commerce had arisen concerning the representation of employees of Walker Machine & Foundry Corporation, Roanoke, Virginia, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Robert Levett, Trial Examiner. Said hearing was held at Roanoke, Virginia, on March 6, 1944. The Company and the Union appeared and par- ticipated. 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 Examiner'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 OF FACT I. THE BUSINESS OF THE COMPANY Walker Machine & Foundry Corporation is a Virginia corporation engaged at Roanoke , Virginia, in the manufacture of miscellaneous ferrous and non-ferrous castings , brake shoes , soil pipe and fittings, and stoves . In connection with its foundry the Company operates a 1 The Company conducts no operations other than those at Roanoke , Viiginia 55 N. L R B, No. 165 926 WALKER MACHINE AND FOUNDRY CORPORATION 927 machine and pattern shop. For the past several years the Company's purchases of raw materials, consisting chiefly of steel, iron, sand, and coke, amounted annually in value to over $300,000. During the same period it manufactured finished products having a sales value in excess of $700,000 per year. Of the raw materials used by the Com- pany, approximately 10 to 20 percent was shipped to it from points outside the State of Virginia. Approximately 15 percent of its fin- ished products was shipped to points outside the State of Virginia. Upon these facts to which the parties stipulated, we find that the Company is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATION INVOLVED United Steelworkers of America, affiliated with the Congress of Industrial Organizations, is a labor organization admitting to mem- bership employees of the company. III. THE QUESTION CONCERNING REPRESENTATION The Company has refused to grant recognition to the Union as the exclusive bargaining representative of its employees until the Union has been certified by the Board in an appropriate unit. A statement of a Board agent, introduced into evidence at the hear- ing, indicates that the Union represents a substantial number of em- ployees 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) and Section 2 (6) and (7) of the Act. IV. THE APPROPRIATE UNIT In substantial accordance with the agreement of the parties, we find that all production and maintenance employees of the Com- pany, including watchmen,' truck drivers, shipping department, pat- Y The Field Examiner reported that the Union submitted 123 authorization cards, all of which bore apparently genuine original signatures ; that the names of 103 persons appeal - mg on the cards were listed on the Company 's pay roll of February 5, 1944 , which con- tamed the names of 157 employees in the appropriate unit ; and that the cards were dated as follows : January 1944 ---- ----------------------------------------------- 91 February 1944 -------------------------------------------------- 3 January (no year ) ----------------------------------------------- 17 L"ndated ---------------------- ------------------------- 12 Total ---------------------------------------------------- 123 The watchmen herein concerned are unarmed , unmilitaiized employees who pertorm duties both as watchmen and as production employees. 928 DECISIONS OF NATIONAL LABOR RELATIONS BOARD tern shop, machine shop, and foundry employees, but excluding cler- ical, executive, and supervisory employees from and above the as- sitant 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 purposes of collective bargaining within the meaning 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 Elec- tion 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 Re- lations Act, and pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 3, it is hereby DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with Walker Machine & Foundry Corporation, Roanoke, Virginia, 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 Sec- tion IV, above, who were employed during the pay-roll period im- mediately preceding the date of this Direction, including employees who did not work during the 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 per- son at the polls, but excluding those employees 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 United Steelworkers of America, affiliated with the Congress of Industrial Organizations, for the purposes of collective bargaining.