Connor Foundry Co.

In the Matter of NEIL J. KUNST, LLOYD M. NORTON, AND LORETTA Sti KUNST, D/B/A CONNOR FOUNDRY COMPANY and INTERNATIONAL MOLDERS AND FOUNDRY WORKERS, LOCAL #213, A. F. OF L. Case No. 7-R-1564.-Decided October 23,1943 Warner, Norcross cfi Judd, by Mr. Lawson E. Becker, of Grand Rapids, Mich., for the Company. Mr. John P. Warner, of Kalamazoo, Mich., 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 and Foundry Workers, Local #213, A. F. of L., herein called the Union, alleging that a question affecting commerce had arisen concerning the repre- sentation of employees of Neil J. Kunst, Lloyd M. Norton, and Loretta S. Kunst, d/b/a Connor Foundry Company, Grand Rapids, Michi- gan, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Harold A. Cranefield, Trial Examiner. Said hearing was held at Grand Rapids, Michigan, on October 8, 1943. The Company and the Union appeared, participated, and were afforded full opportunity to be heard, to examine and 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. All parties were afforded opportunity to file briefs with the Board. Upon the entire record in the case, the Board makes the following: FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Connor Foundry Company is a copartnership with its principal place of business at Grand Rapids, Michigan, where it is engaged in the manufacture of grey iron castings. Approximately 53 percent of 53 N. L. R. B., No. 6. 21 22 DECISIONS OF NATIONAL LABOR RELATIONS 'BOARD the raw materials used by the Company is shipped to it from points outside the State of Michigan. The Company sells products valued at about $15,000, monthly, practically all of which is shipped to points within the State of Michigan. II. THE ORGANIZATION INVOLVED International Molders and Foundry Workers, Local #213, is a labor organization affiliated with the American Federation of Labor, ad- mitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION During August 1943, the Union requested the Company to recognize it as the exclusive collective bargaining representative of the Com- pany's employees. The Company refused this request until such time as the Union is certified by the Board. A statement of the Regional Director, introduced into evidence at the hearing, indicates that the Union represents 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 National Labor Relations Act. IV. THE APPROPRIATE UNIT We find, in agreement with a, stipulation of the parties, that all employees of the Company, excluding office employees and all super- visory employees with authority to hire, promote, discharge, dis- cipline, or otherwise effect changes in the status of employees, or effectively recommend such action, constitute a union 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 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. , 1 The Regional Director reported that the Union presented 21 authorization cards bearing apparently genuine signatures of persons whose names appear on the Company's pay roll of September 20, 1943. There are approximately 42 employees in the appropriate unit CONNOR FOUNDRY COMPANY DIRECTION OF ELECTION 23 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 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 Neil J. Kunst, Lloyd M. Norton, and Loretta S. Kunst, d/b/a Connor Foundry Com- pany, Grand Rapids, Michigan, 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 Seventh Region, acting in this matter as agent for the National Labor Relations Board, and subject to Article III, Sections 10 and 11, 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 employee's 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 and who have not been rehired or reinstated prior to the date of the election, to determine whether or not they desire to be represented by International Molders and Foundry Workers, Local #213, affil- iated with the American Federation of Labor, for the purposes of collective bargaining. MR. GERARD D. REILLY took no part in the consideration of the above Decision and Direction of Election.