Empire Steel Castings, Inc.

In the Matter of EMPIRE STEEL CASTINGS , INC. and UNITED STEEL- WORKERS OF AMERICA AFFILIATED WITH THE C. I. 0. Case No. 4-R-1222.-Decided November 10, 1943 Mr. Harry V7. Lee, of Reading, Pa., for the Company. Messrs. Andrew Kondrath and James Yost, of Reading, Pa., for the Union. Mrs. Augusta Spdvlding, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by United Steelworkers of America, affiliated with the C. I. 0.,1 herein called the Union, alleging that a question affecting commerce had arisen concerning the representa- tion of employees of Empire Steel Castings, Inc., Temple, Pennsyl- vania, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Robert H. Kleeb, Trial Examiner. Said hearing was held at Reading, Penn- sylvania, on October 26, 1943. The Company and the Union 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. 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 Empire Steel Castings, Inc., is engaged in the manufacture of steel castings in the borough of Laureldale, Berks County, Pennsylvania. I The petition and all other formal papers were amended at the hearing to show the correct name of the petitioning union. 53 N. L. R. B., No. 102. 564 0 EMPIRE STEEL oAST'INIGS, INC. 565 During the year 1942 the Company purchased raw materials valued at $500,000 or more, of which 16 percent represented materials brought to its plant from points outside Pennsylvania. During the same period the Company finished at its plant products valued at $500,000 cr more, of which 42 percent represented products shipped from its plant to points outside Pennsylvania. The Company admits that it is engaged in commerce, within the meaning of the National Labor=Relations Act. II. THE ORGANIZATION INVOLVED United Steelworkers of America is a labor organization affiliated with the Congress of Industrial Organizations, admitting to mem- bership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION On or about August 9, 1943, the Union asked the Company for a bargaining conference, alleging that the Union represented a majority of the Company's employees. On or about August 10, 1943, at a conference between the Company and the Union, the Company ex- pressed doubt of the Union's majority and indicated that the matter should be determined by the Board. On August 10, 1943, the Union filed the petition in this proceeding. A statement prepared by the Regional Director and introduced into evidence at the hearing indicates that the Union represents a substantial number of employees in the unit herein found appropriate for bargaining.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 parties agree, and we find, that all production and mainte- nance employees of the Company, excluding foremen, assistant foremen, non-working supervisors, full-time guards, and all salaried employees, should be included in the bargaining unit. In accordance with our usual practice, we shall exclude from the bargaining unit all supervisory employees with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees or to recommend such action effectively. Q The Union submitted 89 authorization cards, all of which appear to bear genuine signa- tures of employees on the-Company's pay roll of October 10, 1943 Of the cards submitted by the Union, 10 were undated, 43 dated in July, and 36 in August 1943. There are approximately 158 employees in the anarouriate unit 566 DECISIONS OF NATIONAL LABOR RELATIONS BOARD • We find that all, production and : maintenance I employees of • the Company, excluding foremen, assistant foremen, non-working super- visors, full-time guards, salaried, employees; and, - all supervisory employees with authority to hire, promote s "di"scharge, • discipline, or otherwise' effect changes ^ ih the status of employees or. • effectively recommend such action, constitute -a 'unit., appropriate fors the purr -poses of collective bargaining, 'within 'the' 'meaning of Sectionn• 9' (b) of the Act. ' a V. THE DETERMINATION OF REPRESENTATIVES We shall direct that the question concerning representation, ,which has, arisen be resolved by, an ,election by secret ballot , among the `em- ployees of the Company in the unit , found appropriate in.Section IV, above, 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 pursut to.. the power vested in the National Labor Relations- Board by , Section 9 (c) of the National Labor Re- lations Act, and pursuant to Article III, Section ; 9, of National .L' abor Relations Board Rules and Regulations-Series 2, as amended; it 'is hereby , , .. , . DIRECTED, that, as part of; the, investigation to, ascertain represen- tatives for the purposes of collective bargaining with Empire Steel Castings, Inc., Temple, Pennsylvania , 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 super- vision of the Regional Director, for, the Fourth 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 of the Company 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 'including ' employees in the armed' forces of;the United States 'who' present tlieihselbes 'iin'per- son at the polls, but' excluding employees ,who have '' since ' quit 'oT been discharged for cause and ' have' hot been rehired or rein's`tated prior to the date of the election; 'to det'ermine ' whether ' or'not'they desire to be represented by United Steelworkers of America , affiliated with the C. I. 0., for. the purposes ',of collective bargaining. ,