Hansell-Elcock Co.

In the Matter Of HANSELL-ELCOCK COMPANY and UNITED STEEL- WORKERS OF AMERICA, LOCAL 2909, C. I. O. Case No. R-4940.-Decided March 00, 1943 . Jurisdiction : castings manufacturing industry. Investigation and Certification of Representatives : existence of question: fail- ure to answer union's request for recognition ; contract with two months to run, no bar ; election necessary. Unit Appropriate for Collective Bargaining : all foundry employees of the com- pany, excluding office and clerical employees, pattern makers, pattern makers' apprentices, foremen, department clerks, 'janitors, watchmen, and guards; stipulation as to. J Mr. Leon A. Rosell, for the Board. Mr. L. C. Bajork, of Chicago, Ill, for the Company. Mr. Ralph L. Helstein, of Chicago, Ill., for the U. S. A. Mr. Chester A. Sample and Mr. William Lorenz, of Chicago, Ill., for the Molders. Mr. G. Halls'trom, of Chicago, .I11., for the Pattern Makers. Mr. Louis Cokin, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upoii petition duly filed, by United Steelworkers of America, Local 2909, C. I. 0., herein called the U. S. A., alleging that a ques- tioii affecting commerce had arisen concerning the representation of employees of Hansell-Elcock Company,' Chicago, Illinois, herein, called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Charles E. Per- sons, Trial Examiner. Said hearing was held at Chicago, Illinois, on February 26, 1942. At the commencement of the hearing, the Trial Examiner granted motions of International Molders and Foundry Workers Union 'of North America, herein-called the Molders and Pattern Makers League of North America, Chicago Association, herein called the Patterns Makers, to intervene.' The ' The Pattern Makers intervened because it is a party to a contract with the Company. However, said contract does not cover any of the employees involved herein. 48 N. L. R. B., No. 47. 350 HAN'S'ELL-ELCOCK COMPANY 351 Company, the U. S. A., the Molders, and the Pattern Makers 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. At the close of the hearing counsel for the, Company moved to dismiss the petition. The Trial Examiner re- served ruling. The motion is hereby denied. The Trial Examiner's rulings made at the hearing are free from prejudicial error and are hereby affirmed. On March 6 and 8, 1943, the U. S. A. and the Company filed briefs which the Board has considered. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY Hansell-Elcock Company is an Illinois corporation with its princi- pal place of business at Chicago, Illinois, where it is engaged in the manufacture of grey iron castings. During 1942 the Company pur- chased raw materials from points, outside the State of Illinois valued, at about $137,000. 'During the same period the Company shipped products valued in excess of $1,638,000 to points outside the State of Illinois. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. We are here concerned solely with the Company's plant at Chicago, known as the Grey Iron Foundry plant. H. THE ORGANIZATIONS INVOLVED 'United Steelworkers of America, Local 2909, is a labor organiza- tion affiliated with the Congress' of Industrial Organizations, admit- ting to membership employees of the Company. International Molders and Foundry Workers Union of North America is a labor organization affiliated with the American Feder- ation of Labor, admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION On May 1, 1942, the Company and the Molders entered into an exclusive contract. The contract was for a term of 1 year and provided that it should be renewed thereafter from year to year unless 30 days' notice was given by either party thereto prior to any annual expiration date. On January 18, 1943, the U. S. A. requested the Company to recognize it as exclusive representative of the Com- pany's employees. The Company did not reply to this request. 352 DECISIONS OF -NATIONAL LABOR RELATIONS BOARD Since the contract between the Molders `and the Company expires by its terms within the next 2 months, we find that it does not con- stitute a bar to a determination of representatives at this time. How= ever, any certification of representatives which we may issue as a result of the election shall be for the purposes of designating repre- sentatives to negotiate a new contract to succeed the contract now in effect.2 A statement of the Regional Director, introduced into evidence during the hearing, indicates that the U. S. A. represents a substan- tial number of employees in the unit hereinafter found to be appro- priate.3 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 We find, in accordance with a stipulation of the parties, that all foundry employees of the Company, at its Grey Iron Foundry plant, excluding office and clerical employees, pattern makers, pattern makers' apprentices, foremen, department clerks, janitors, watchmen, and guards, constitute a unit appropriate for the purposes of col- lective bargaining, within the meaning of Section 9 (b) of the Act.4 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 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 Rela- tions Act, and pursuant to Article III, Section 9, of National Labor 2 See Matter of Chrysler Motor Parts Corporation and International Union, United Auto- mobile, Aircraft and Agiicultaeat Implement Workers of America, affiliated with the Con- gress of Industrial Organizations, 38 N. L R B 1379 3 The Regional Director reported that the U S. A presented 166 membership application cards bearing apparently genuine signatures of persons whose names were alleged to appear on the Company's pay roll of January 8, 1943 There ale approximately 350 employees in the appropriate unit. No check of cards against a pay roll was made, since the Com- pant did not submit a pay roll. The Molders relies on its contract as evidence of its rep- resentation among employees of the Company 4 This is substantially the same unit as provided for in the contract between the Molders and the Company alluded to above. 73A1NS'ELL-ELCOCK COMPANY 353 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 Hansell-Elcock Company, Chicago, Illinois, 'an election,by secret ballot shall be con- ducted as early as possible,'but not later thannthirty,.(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 , any such 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, to determine whether they desire to be represented by International Molders and Foundry Workers Union of North America, affiliated with the American Federation of Labor, or by United Steelworkers of America, Local 2909, affiliated with the Congress of Industrial Organizations, for the purposes of collective bargaining, or by neither. MR. JOHN M. HousTON took no part in the consideration of the above Decision and Direction of Election.