Woodruff & Edwards, Inc.

In the Matter of, WOODRUFF & EDWARDS, INC. and INTERNATIONAL MOLDERS & FOUNDRY WORKERS UNION OF NORTH AMERICA, AFFILIATED WITH THE A. F. OF L. Case No. •R-4833.-Decided•February •15, 1943 Jurisdiction : castings manufacturing industry. Investigation and Certification of Representatives : existence of question: re- fusal to accord petitioner recognition ; election necessary. Unit Appropriate for Collective Bargaining : production and maintenance em- ployees, excluding guards, supervisors, non-working foremen, office employees, clerical employees, truck drivers, and high school students ; stipulation as to. Fyffe d Clarke, by Mr. John Harrington, of Chicago, Ill., for the Company. Mr. William Lorenz, of Chicago, Ill., for the Union. Mr. Louis Cokin, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by International Molders & Foundry - Workers Union of North America, affiliated with the A. F. of L., herein called the Union, alleging that a question affecting commerce' had arisen concerning the representation of employees of Woodruff & Edwards, Inc., Elgin, Illinois, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Robert T. Drake, Trial Examiner. Said hear- ing was held at Chicago, Illinois, on February 4, 1943. The Company and the Union appeared, participated, and were afforded full oppor- tunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues. The Trial Examiner's rul- ings 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 . I. THE BUSINESS OF THE COMPANY Woodruff & Edwards, Inc., is a Delaware corporation with its prin- cipal place of business at Elgin, Illinois, where it is engaged in the 47 N. L. R. B., No. 79. - 603 604 DECISION'S OF NATIONAL LABOR RELATIONS BOARID manufacture, sale and distribution of grey iron and non-ferrous cast- ings. During 1942, the Company purchased raw materials valued at ,about $500,000, approximately 80 percent of which was-shipped to it from points outside the State of Illinois. During the same period the Company sold finished products valued in excess of $1,000,000, approxi- mately 75 percent of which was 'shipped to points outside the State of Illinois. II. THE ORGANIZATION INVOLVED International Molders "& Foundry Workers Union of North Amer- ica is a labor organization affiliated with the American Federation of Labor, admitting to membership employees of the Company. III.'THE QUESTION CONCERNING REPRESENTATION On January 10, 1943, the Union requested. the Company to recognize it as the exclusive representative of the Company's employees. The Company refused this request. A- statement of the Regional Director, introduced into evidence during the hearing, indicates that the Union represents a substan- tial 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 National Labor _Relations Act. IV. THE APPROPRIATE UNIT We find, in accordance with a stipulation of the parties, that all production and maintenance employees of the Company, excluding guards, supervisors, non-working foremen, office employees, clerical employees, truck drivers, and high school students, 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 means of an election by secret ballot among the employees-within the appropriate unit who were employed during the pay-roll period immediately preceding the (late of the Direction of Election herein, subject to the limitations and additions set forth'in the Direction. 1 The Regional Director reported that the Union presented 111 authorization cards bearing apparently genuine signatures of persons'ehose names appear on the Company's pay roll of January 22 , 1943. There are approximately 194 employees in the appropriate unit. WOODRUFF & EDWARDS, INC. DIRECTION OF ELECTION 605, By virtue of and pursuant to the powerwested 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, if is hereby DiREcTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with Woodruff &,Ed- wards, Inc., Elgin, Illinois, an election by secret ballot. shall be con- ducted 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 em- ployed during the pay-roll period immediately preceding the date of this Direction , including any such employees who did not work during said pay-roll period because they were ill or on vacation or tempo- rarily laid off, and including employees in the armed forces of the United States who present themselves in person at the polls , but ex eluding any who have since quit or been discharged for cause , to deter-' mine whether or not they desire to be represented by International Molders & Foundry Workers Union of North America , affiliated with,, the A. F. of L., for the purposes of collective bargaining. f