National Bearing Metals Corp.

In the Matter of NATIONAL BEARING METALS CORPORATION and INTER- NATIONAL MOLDERS' AND FOUNDRY WORKERS UNION of NORTH 'AMERICA, LOCAL UNION No. 59 Case No. R-4970.-Decided March 22, 1943 ' 'Jurisdiction : metal products manufacturing industry. Investigation and Certification of Representatives : existence of,question dispute, as to appropriate unit; election necessary. . Unit Appropriate for Collective Bargaining : unit confined to production em- ployees engaged in the production and cleaning of castings and manufacture of car brass castings and the production of white metals, found appropriate notwithstanding company's request for a plant-wide unit. Mr. E. A. Williams and Hr. A. L. Hunt, of St. Louis, lmo., for the Company. Mr. Charles Blome and Hr. John Weber, of St. Louis , Mo., for the Molders. Mr. Russell L. Davis , of St. Louis, Mo., for the I. A. M. Hiss Melvern R. IKrelow, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE . Upon petition duly filed by International Molders' and Foundry Workers Union of North America, Local Union No. 59, herein called the Molders, alleging that a question affecting commerce had arisen concerning the representation of employees of National, Bearing Metals Corporation, St. Louis, Missouri, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Laurence H. Whitlow, Trial Exam- iner. Said hearing was held at St. Louis, Missouri, on March 4, 1943. The Company, the Molders, and International Association' of Ma- chinists, District 9, A. F. L., herein called the I. A. M.,1 appeared, 3 The I. A. M. stated at the hearing that it was intervening for the purpose of protect- ing the unit it claimed appropriate until such time as it would oiganize a majority- in such a unit. It further stated that it had no desire, in the event the Board ordered an election in the unit sought to he established by the Molders, to appear on the ballot 48 N L. R. B., No. 52. 418 NATIONAL BEARING -METALS CORPORATION 419 participated, and were afforded full opportunity to be heard, to exam- ine and cross-examine ' witnesses, and to introduce evidence bearing upon 'the issues. The Company moved that the Board reserve certifi- cation until the A. F. L. affiliates consolidate and define a-clear-cut unit. The Trial Examiner reserved ruling. For reasons hereinafter stated, 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 18, 1943, the Company filed a brief 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 National Bearing Metals Corporation, a New -York corporation, operates•plarits in Illinois, Missouri, Pennsylvania, Virginia, and New Jersey. The plant involved herein is located in St. Louis, Missouri. The Company mdnufactures, at this plant, castings,' pattern equipment and white metals such as babbitt and solder, refines metals, and finishes by machining castings. The Company purchases raw materials, .which are non-ferrous metals, over 50 percent of which is shipped to the plant from points outside the State of Missouri., The Company manufactures finished products, the greater portion of which is shipped from the plant to points outside the State of Missouri. The Company admits that it is engaged in commerce * within the meaning of the National Labor Relations Act. H. THE ORGANIZATIONS INVOLVED International Molders' and Foundry Workers Union of North America, Local Union No. 59, and International Association of Ma- chinists, District 9, affiliated with the American Federation of Labor, are labor organizations admitting' employees of the Company to membership. . III. THE QUESTION CONCERNING REPRESENTATION. On December 24, 1942, the Molders sent a letter to the Company requesting exclusive bargaining rights for the foundry employees of the Company's St, Louis plant. The Company answered on Decem- ber 26, 1942, and 'a' conference was arranged. 'At the conference a dispute arose as to the appropriateness of, the unit sought to be estab- lished by the' Molders. 521247-43-vol• 48-28 420 DECISIONS OF NATIONAL LABOR RELATIONiS ' BOARD A statement'of the Regional Director, introduced in evidence at the hearing, indicates that the Molders represents a substantial number of .employees in the unit hereinafter found to be, appropriate.2 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 Molders contends that- all production employees engaged in the production and cleaning of castings and manufacturing of car brass castings and production of white metal, excluding those engaged in the machining of castings, and machine shop -labor, maintenance machinists, maintenance electricians, blacksmiths, pattern shop em- ployees, watchmen, janitors, truck drivers, clerical employees, super- visors, foremen with the right to hire' and discharge, constitute an appropriate unit. The Company takes the position that the plant operations are so integrated that the only proper unit 'for collective bargaining is a plant-wide unit. The I. A. M. and the Molders are agreed that machinists, machine operators, apprentices, and helpers 'should be excluded from the Molders' unit, since the I. A. M. is at the present time organizing these employees. The plant here involved is located in. one building, and the Com- pany is engaged therein in the casting and machining and the finish- ing of castings. A casting which has come out of the foundry and gone through the cleaning process is known as an unfinished casting, which, in addition, when processed in the machine shop becomes a finished casting. There is a plant superintendent who has general supervision over the entire plant. Each department is headed by a superintendent or foreman, including a superintendent for the foundry and one for the machine shop. It appears that there are few inter-departmental transfers of employees. Employees, how- ever, who transfer into the machine shop from other departments do so on a permanent basis, and these transfers are considered promo- tions. Temporary transfers occur usually through unusual circum- stances, such as breakdowns and let-downs in production of one "department. The record indicates that substantially different skills are required for foundry work than for machining work. Although the Company's policy with regard to seniority is plant-wide, under normal conditions the working force is relatively stable and transfers 2 The Regional Director reported that the Molders submitted 246 designations, 244 of which bear apparently genuine signatures and were dated between November 8, 1942, and January 22, 1943. Of the 246 designations presented, 200 bear the names of persons whose names appear on the Company's pay roll of'January 24, 1943. As of the date of the pay roll, there were 400 persons within the unit. NATIONAL BEARING METALS CORPORATION 421 do not take place often.' A further factor which is considered by the Company with regard to the transfer of a senior employee is the skill required in the department to which he is transferring. Under all the cirmumstances, we conclude that the unit sought to be established by the Molders is appropriate. The parties are not in disagreement with respect to certain con- clusions. There are, however, a few groups of employees that re- quire. discussion. The Company maintains a- labor pool, consisting of about fifteen employees, who work throughout the plant where extra labor is needed. These employees are stationed in the receiving department and spend about 50 percent of their time in loading or unloading cars., Each department has, in addition, its own assigned labor group. The Molders desires to include the labor pool in the unit. We are of the opinion that these employees should be included. The Molders seeks to include in the unit a group of employees known as lead liners, who are employed in pouring hot babbitt into castings. Although the operation takes place in. the machine shop and the car brass department, it is 'considered primarily a foundry operation. .We shall include these employees in the unit. There are approximately 35 employees who work in the chill spun department. They are classified on the Company's, pay roll as machine operators. These employees operate 8-unit centrifugal cast- ing machines which are engaged in the manufacture of castings. In addition, they operate cleaning machines that separate the mold primary from the actual casting. These machines are similar to the 8-unit centrifugal casting machines, and one 8-unit centrifugal cast- ing machine and four or five cleaning machines constitute a working unit. The wages of this group are substantially lower than the wages received by machine operators in the machine shop, and the operation engaged in is a foundry operation. The Molders seeks to include this group in the unit, and we shall include them. There is a maintenance, group, '-consisting of maintenance ma- chinists and maintenance electricians, which is located in the black- smith shop and the machine shop. This group works throughout the plant and in addition to electrical and mechanical work, also engages in carpentry work and flask repairs. The Molders desires to exclude this group from the unit. Since these employees are engaged primarily in maintenance work not closely related to the foundry operations, we shall exclude them from the unit. The Molders contends that foremen with the right to hire and discharge should, be excluded from the unit, but that all supervisory employees of lesser rank should be included. There are foremen 422 DECISIONS- OF NATE'ONAL LABOR - RELATIOI,S ' BOARD employed by the Company who engage in production along with their supervisory duties. These employees do not have the power to 'hire or discharge, but do have the authority to recommend the hire and discharge of the employees in their , respective departments. Since these employees have substantial supervisory authority, we shall exclude them from the unit. - We find that all production employees engaged in the production and cleaning of castings and the manufacture of car brass castings and the production of white metal at the Company's St. Louis plant ,- includ- ing the employees in the labor pool, lead liners and lead line helpers, machine operators operating centrifugal casting machines and cleaning machines, but excluding those engaged in the machining of castings, machine shop labor, maintenance machinists , maintenance electricians, blacksmiths, pattern shop employees , watchmen, janitors, truck driv- ers, clerical employees , supervisors, and foremen with the authority to hire .ahd discharge or, to 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 REPRESENT^,TI\ ES 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, subject to the limitations and additions set forth in the ,Direction. DIRECTION OF ELECTION By virtueof 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 Relations Board Rules and Regulation's-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 National Bearing Metals -Corporation, St.- Louis , Missouri, an election by secret 'ball`ot shall=-be conducted as early as possible, but not later than thirty (30) .days from the date of this Direction , under the direction and silper- vision ' of the Regional Director 'for the- Fourteenth: Region, acting in this matter as agent for the National-Labor Relations Board, and sub- ject to Article III,•Section .10, of said Rules and Regulations, among all e- mp]oyees of the' Company within the -unit found appropriate in Section IV,•above,'who i er'e-employed during. the pay=roll period irii- NATIONAL BEARING METALS CORPORATION 423 mediately preceding the date of this Direction,,including employees who did not work during such 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 employees who have since quit or been dis- charged for cause, to determine whether or not they desire to be repre- sented by International Molders' and Foundry `Yorkers Union of North America, Local Union No. 59, for the purposes 'of collective bargaining. 1, 1 i