Waterville Iron Works

National Labor Relations Board - Board Decisions

Dec 11, 1945

64 N.L.R.B. 1346 (N.L.R.B. 1945)

In the Matter Of WATERVILLE IRON WORKS and INTERNATIONAL
ASSOCIATION OF MACHINISTS, AFL
In the Matter Of WATERVILLE IRON WORKS and INTERNATIONAL
MOLDERS AND FOUNDRY WORKERS UNION OF NORTH AMERICA, AFL
Cases Nos. 1-P-1684 and 1-RD685, respectively .Decided December
11, 1945
Mr. Eugene Lander, of Waterville , Maine, for the Company.
Mr. Harold F . Reardon, of Boston, Mass., for the Machinists.
Mr. James P. Powers, of Boston, Mass., for the Molders.
Miss Helen Hart, of counsel to the Board. ,
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
Upon separate petitions duly filed by International Association
of Machinists, AFL, herein called the Machinists, and International
Molders and Foundry Workers Union of North America, AFL,
herein called the Molders, alleging that questions affecting com-
merce had arisen concerning the representation of employees of
Waterville Iron Works, Waterville, Maine, herein called the Com-
pany, the National Labor Relations Board consolidated the pro-
ceedings by an order dated September 25, 1945, and provided for
an appropriate hearing upon due notice before Samuel G. Zack,
Trial Examiner. The hearing was held at Waterville, Maine, on
September 27, 1945. The Company, the Machinists, and the Molders
appeared,' participated, and were afforded full opportunity to be
heard, to examine and cross-examine witnesses, and to introduce evi-
dence 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.
1 Textile Workers Union of America , CIO, was served with Notice of Hearing but failed
to appear.
64 N. L. R. B., No. 223.
1346
WATERVILLE IRON WORKS 1347
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Waterville Iron Works, a Maine corporation, is engaged in the
manufacture of castings and machinery at Waterville, Maine. It
annually purchases raw materials, valued in excess of $12,000, of
which approximately 25 percent is received from points outside the
State of Maine. Its sales of finished products approximate $90,000
annually, about $15,000 of which is shipped to points outside the
State of Maine.
We find that the Company is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
International Association of Machinists is a labor organization,
affiliated with the American Federation of Labor, admitting to mem-
bership employees of the Company.
International Molders and Foundry Workers Union of North
America is a labor organization, affiliated with the American Fed-
eration of Labor, admitting to membership employees of the
Company.
IH. THE QUESTIONS CONCERNING REPRESENTATION
The Company has refused to recognize either the Machinists or
the Molders as exclusive bargaining representative of its machine
shop or foundry, respectively, until each union has been certified
by the Board in an appropriate unit.
A statement of a Field Examiner for the Board, introduced into
evidence at the hearing, indicates that the Machinists and the Mold-
ers each represents a substantial number of employees in the unit
alleged by each to be appropriate 2
We find that questions affecting commerce have 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.
2 The Field Examiner reported that the Machinists submitted 5 membership applications ;
that the names of all persons appearing on the applications were listed on the Company's
pay roll of August 23, 1945; and that there were 9 employees in the unit the Machinists
alleges to be appropriate . He further reported that the Molders submitted 9 membership
applications ; that the names of all persons appearing on the applications were contained
in the aforesaid pay roll ; and that there were 10 employees in the unit the Molders alleges
to be appropriate.
1348 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
IV. THE APPROPRIATE UNITS
The Machinists contends that all machinists, machine shop workers,
their helpers and apprentices in the Company's machine shop, exclud-
ing foundry employees, clerks, executives, foremen, and all other
supervisory employees, constitute an appropriate unit. The Molders,
contends that all employees in the Company's foundry, excluding ma-
chine shop employees, clerks, executives, foremen, and all other su-
pervisory employees, comprise an appropriate unit. The Company,
however, urges the establishment of a single unit composed of all of
its production and maintenance workers.
The Company's plant is divided into two major parts, one engaged
in the casting of ferrous and non-ferrous materials and the other
in the manufacture of machinery. The casting work is performed in
the foundry, which occupies four buildings and part of a fifth. The
employees in this department perform work exclusively in connection
with the production of castings. The manufacture of machinery is
carried on in part of the five other buildings occupied by the Company.
There is no interchange of employees between the foundry and the
machine shop. The machine shop and foundry are under the ultimate
direction of the plant superintendent, but the foundry has its own
foreman. Although the Company maintains a single personnel office,
it hires foundry workers exclusively for the foundry and only those
skilled in machine work for its machine department. The employees
in both these departments average about the same rate of pay, but
the computation of their earnings is arrived at on different bases.
Both unions have confined their organizational activities to those of
the Company's employees who traditionally come within their respec-
tive crafts. The record discloses no previous history of collective
bargaining at the plant. We are of the opinion that the employees
in the machine shop and the employees in the foundry constitute sepa-
rate appropriate units.
We find that the following groups of employees of the Company
constitute units appropriate for the purposes of collective bargaining
within the meaning of Section 9 (b) of the Act:
1. All machinists, machine shop workers, their helpers and appren-
tices in the Company's machine shop, excluding foundry employees,
clerks, executives, 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 ; and
2. All employees in the foundry of the Company, excluding ma-
chine shop employees, clerks, executives, foremen, and all other su-
pervisory employees with authority to hire, promote, discharge, dis-
WATERVILLE IRON WORKS 1349
cipline, or otherwise effect changes in the status of employees , or effec-
tively recommend such action.
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the questions concerning representation which
have arisen be resolved by separate elections by secret ballot among
the employees in the appropriate units who were employed during
the pay-roll period immediately preceding the date of the Direction
of Elections herein, subject to the limitations and additions set forth
in the Direction.
DIRECTION OF ELECTIONS
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-Series 3, as amended, it is
hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Waterville Iron
Works, Waterville, Maine, elections by secret ballot shall be con-
ducted as early as possible , but not later than sixty ( 60) days from
the date of this Direction , under the direction and supervision of the
Regional Director for the First 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 Regulations , among the em-
ployees in the units 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 (1) to
determine whether or not the employees in unit 1, described in Sec-
tion IV, above, desire to be represented by International Association
of Machinists , AFL, for the purposes of collective bargaining; and
(2) to determine whether or not the employees in unit 2, described
in Section IV, above, desire to be represented by International Mold-
ers and Foundry Workers Union of North America, AIL, for the
purposes of collective bargaining.
MR. JOHN M. HOUSTON took no part in the consideration of the
above Decision and Direction of Elections.