National Lead Co.

In the Matter of MAGNUS METAL DIVISION OF NATIONAL LEAD COM- PANY and CASTING DIVISION,, INTERNATIONAL UNION MINE, MILL & SMELTER WORKERS C. I. O. Case No. R-4423.-Decided November 23,1942 Jurisdiction : brass castings manufacturing industry. Investigation and Certification of Representatives : existence of question: re- fusal to accord recognition to unions until certification by the Board; contract no bar to, where Company was notified of both the petitioning union's rep- resentation claims and the rival union's desire to change the existing contract prior to date that contract with rival union automatically renewed itself ; election necessary. Unit Appropriate for Collective Bargaining : all production and maintenance employees of one of Company's ten plants, with specified exclusions. Messrs. Waugh & McClellan, by Mr. James S. McClellan, ,of Chi- cago, Ill., for " the Company. Messrs. Meyers d Meyers, by Mr. Ben Meyers, of Chicago, Ill., for the International. Mr. D. D. Carmell, of Chicago, Ill., for the Molders. Mr. Sidney L. Davis, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by Casting Division, International Union Mine, Mill & Smelter Workers, C. 1. 0., herein called the International, alleging that a question affecting commerce had arisen concerning the representation of employees at the Chicago plant of Magnus Metal Division of National Lead Company, Chicago, Illinois, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Robert E. Dickman, Trial Examiner. Said hearing was held at Chicago, Illinois, on October 21,1942. The Company, the International, and International Molders and Foundry Workers Union of North America, Local •399, A. F. of L., herein called the Molders, appeared, participated, and 45 N. L. R. B., No. 109. 728 MAGNUS METAL DIVISION 729 were afforded full opportunity to be heard, to examine and cross- examine witnesses, and to introduce evidence bearing on the issues. During the hearing counsel for the Molders moved to dismiss the peti- tion. The Trial Examiner reserved his ruling. The motion is hereby denied. The Trial Examiner's rulings made at the hearing are free from prejudicial error and are hereby affirmed. Upon the entire record in the case, the Board makes the following: FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Magnus Metal Division of National Lead Company, a New Jersey corporation, maintains plants and offices throughout the United States. We are here concerned only with its plant located at Chi- cago, Illinois, where it is engaged in the manufacture of brasses and brass- castings for railroad consumption. Annual purchases of raw materials by the Chicago plant are in excess of $50,000, more than 75 percent of which is received from outside the, State of Illinois. The annual business of the Chicago plant is approxi- mately $1,000,000, nearly all of which moves in interstate commerce by railroads throughout the country. The Company concedes that it is engaged in commerce within the meaning of the National Labor Relations Act. IT. THE ORGANIZATIONS INVOLVED Casting Division, International Union Mine, Mill & Smelter Workers is a labor organization affiliated with the Congress of In- dustrial Organizations. It admits to membership employees of the Company. International Molders and Foundry Workers Union of North America, Local 399, is a labor organization affiliated with the Amer- ican Federation of Labor. It admits to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The Company and, the Molders have been parties to exclusive bargaining contracts covering employees of the Chicago plant since 1938.1 The last agreement between these parties went into effect on October 1, 1941, and was to remain in full force and effect until September 30, 1942, and thereafter, unless written notice, for termi- nation or for the negotiation of a new agreement should be given by either party thereto within 30 days prior to the -desired termina- l In 1937 the Company contracted to recognize ' the Molders as a bargaining agency for its members only. 730 DECISIONS, OF NATIONAL: LABOR RELATIONS BOARD tion date.2 On August 26, 1942, the Molders notified the Company that it desired to'amend its existing contract. . On August 28, 1942, the International, claiming to represent a majority of the employees, requested the Company for a conference fora the purpose of negotiating an agreement. The Company ad- vised the International of its contract with the Molders, and that it would not conduct negotiations until the majority status of the International had been determined. The Molders contends that its contract of October 1, 1941, is a bar to a present determination of representatives and urges the dis- missal of the petition herein. The International, however, notified the Company of its claim to a majority prior to the date that'the contract expired; further, the Molders notified the Company, that it desired to change the existing contract. Under these circum- stances, we find that the contract between the Company and the Molders does not constitute a bar to a present determination of representatives`3 A statement of the Regional Director, introduced in evidence at the hearing, shows that the International and the Molders each rep- resents a substantial number of employees in the unit hereinafter found to be 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 The parties agree, except as noted below, that a unit consisting of all production and maintenance employees at the Chicago plant of the Company, including working foremen, but excluding non-working foremen, office and clerical employees, and watchmen, is appropriate for the purposes of collective bargaining. The Molders referred the Board to a petition filed by its parent union in the Board's Ninth Regional Office, in which the, parent union requests a unit of all em- 2 The agreement, effective October 1, 1941. was executed on December 9, 1941 , following notification by the Regional Director of the Board that the Molders had prevailed in a con- sent election conducted by the Board on November 26, 1941. Since the election was held nearly a year ago, it is no bar to a present investigation of the question concerning repre- sentation. Matter of United States Rubber Company, Indianapolis Branch, Indianapolis, Indiana, and Local No 110 of the United Rubber Workers of America (CIO), 41 N. L. R. B. 1005. 3 Matter of Mitchell Battery Company and United Electrical, Radio and Machine Workers of,Annerica, Local # 1140, affiliated with the C. I. 0., 35 N. L R. B. 198. • The Regional Director reported that the International submitted 135 membership appli- cation cards, of which 120 bear names of persons on the Company' s pay roll of September 8, 1942, which pay roll contained 227 names in the unit hereinafter found to be appropriate. One hundred and nineteen of these cards were dated between July 12 and August 12, 1942; one was undated. The Regional Director also reported that the Molders had submitted records showing that 219 employees in the appropriate unit were paid-up members of the Molders as of September 11, 1942. -MAGNUS METAL' DIVISION 731 ployees in 10 of the Company 's plants , including the Chicago plant: The Molders takes the position that if the Board should find 'the appropriate unit to be as petitioned by its parent union , the unit peti- tioned for herein - would be inappropriate ; but that if the Board should find that the Chicago plant alone constitutes a separate unit;. then the unit petitioned for herein is appropriate. The -record discloses that there was no collective bargaining in the Chicago plant prior to 1937 ; that since 1937 annual contracts have been entered into between the Molders and the Company, covering employees of the Chicago plant only ; and that on November 26, 1941, an election by consent was held involving only the Chicago plant. We are of the opinion that the Chicago plant should not at this time be included with other plants of the Company in a single bargaining unit. The history of collective bargaining shows that all bargaining in the Chicago plant has'been on an individual plant basis. Accord- ingly, we find that all production and maintenance employees of the Company at the Chicago plant, including working foremen, but ex- cluding non-working foremen , office and clerical employees , and watch- men, constitute a unit appropriate for the purposes of collective bar- gaining, 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 our Direction of Elec- tion herein , subject to the limitations and additions set forth in said 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, Section 9, of National Labor Rela- tions 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 Magnus Metal Division of National Lead Company, Chicago, Illinois, 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 Thirteenth Region, acting in this matter as agent for the National Labor Relations Board, and subject to Article III, Section 10, of said Rules and Regulations, among the employees in the unit 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 732 DECISIONS OF.NATIONAL LABOR RELATIONS BOARD work during said 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 employees who have since quit or been discharged for cause, to determine whether they desire to be -represented by Casting Division, International Union Mine, Mill & Smelter Workers, affiliated with the Congress of Industrial Organiza- tions, or by International Molders and Foundry Workers Union of North America, Local 399, affiliated with the American Federation of Labor, for the purposes of collective bargaining, or by neither.