Precision Castings Co., Inc.

In the MATTER OF PRECISION CASTINCS COMPANY, INC. and INTERNA- TIONAL UNION OF MINE, MILL & SMELTER WORKERS (C. I. 0.), LOCAL 705, DIE CASTING DIVISION Case No. R-5005:Decided March 26, 1943 Jurisdiction : die casting manufacturing industry Investigation and Certification of Representatives : existence of question: refusal to recognize the union until certified by the Board ; although the union desired an earlier pay roll, current pay roll directed to be used where no reason " appeared for departing from Board's usual practice; election necessary. Unit Appropriate for Collective Bargaining : production and maintenance em- ployees, including truck drivers but excluding plant-protection employees, time- keepers, clerical and office employees, working supervisors and employees occupying higher supervisory positions ; stipulation as to. Messrs. Stanley c Smoyer, of Cleveland, Ohio, by Mr. Harry E. Smoyer, for the Company. " Mr. Alex Balint, of Cleveland, Ohio, for the Union. Mr. Glenn L. Moller, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by International Union of Mine,-- Mill- & Smelter, Workers (C. I. 0.),' Local 705, Die Casting Division, herein called the Union, alleging that a question affecting commerce had arisen concerning the representation of employees of Precision. Cast- ings Company, Inc., herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before John A. Hull, Jr., Trial Examiner. Said hearing was held at Cleveland, Ohio, on March 13, 1943. The Company and the Union appeared, participated, and were afforded full opportunity to be heard, to examine W d cross-examine witnesses, and to introduce evidence bearing on the issues. The Trial Examiner's rulings made at the hearing are free from prejudicial error and are hereby affirmed. 48 N. L. R. B., No. 77. 636 PRECISION CASTINGS COMPANY, 'INC. 637' Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Precision Castings Company, Inc., a New York Corporation with its principal office and place of business in Syracuse, New York, operates three plants. One of these plants, the only plant here involved,' is located in Lakewood,'Ohio. The Company manufactures, at its Lake-) wood plant, zinc and aluminum die castings, most of which are used in war production. During the year 1942 the Lakewood plant used raw materials valued at' approximately $340,000, of which 35 to 40 percent was purchased and shipped to the plant from points outside the- State of Ohio. During the same period the Company's finished products at said,plant were valued at approximately $950,000, of, which approximately 40 percent was shipped from the plant to points outside the State of Ohio. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATIONS INVOLVED International Union of Mine, Mill & Smelter Workers, Local 705, Die Casting Division, affiliated with the Congress of Industrial Or- ganizations is a labor organization admitting to membership em- ployees of the Company. III. THE QUESTION CONCERNING REPRESENTATION On or about February 22, 1943, the Union requested recognition. The Company has refused to grant such recognition to,`the Union, until there has been a certification by the Board. A statement of a Field Examiner, introduced into evidence at the hearing, indicates that the Union represents a substantial number'of employees in the unit hereinafter found 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 In accordance with the stipulation of the parties we_find that all production and maintenance employees of the Company at its Lake- The Field Examiner reports that the Union submitted 100 membership - cards, 90 of which bear the apparently genuine signatures of persons whose names appear on the Com- pany's « payl roll of February 26, 1943. The payroll 'contains the names ' of approximately 145 persons in the appropriate unit. 638 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 1 wood, Ohio, plant, including truck drivers but excluding plant-pro- tection employees, timekeepers, clerical and office employees, working supervisors and any employees occupying higher supervisory posi- tions constitute a unit appropriate for, the purposes of collective bargaining within the meaning of Section 9 (b) of the Act .2 V. THE DETERMINATION OF REPRESENTATIVES The Union requested that eligibility to participate in an election should be based upon the Company's pay roll for the period ending March 7, 1943, but indicated no' reason for this request. We see no reason for departing from our usual practice concerning the date as of which eligibility to vote should be'governed. 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 the Direction of Elec- tion 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 Relations Board Rules and Regulations-Series 2, as amended, it is hereby DIRECTED 'that, as part of the investigation to ascertain repre- sentatives for the purposes of collective bargaining with Precision Castings Company, Inc., 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 Eighth 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 work during said pay-roll period because they were'ill or on vacation or temporarily laid off, and in- It was stipulated that the following employees are "workin ,g supervisors" : Charles Leidenheimer, Walter Stretcher , Edward' Jungeberg , Mary Mullqueen , Edward Grane, John Kudlacz, Edward Vicek, George Searle, Joe Vojdik, Robert Griesmer , Julian Barry, Anthony Bednarik and Donald Leavens. It was further stipulated that the following are "plant-protection employees " : Allie Warren, Harry Kirk, Fred Stephan, and Paul Miller ; and that the following are supervisory employees occupying higher supervisory positions than working supervisors : Jack Combs, Fritz Anderson, Joe Jacubic, Jack Hembley, Harry Telzrow, Herman Boll and Walter Lewicki. PRECISION CASTINGS COMPANY, INC. 639 cluding employees in the armed forces of the United States who present themselves in person at the polls, but excluding those em- ployees who have since quit or been discharged for cause, to determine whether or not they desire to be represented by International Union of Mine, Mill & Smelter Workers, Local 705, Die Castings Division, affiliated with the Congress of Industrial Organizations for the pur- poses of collective bargaining.