Turner Manufacturing Co.

In the Matter of TURNER MANUFACTURING COMPANY and INTERNA- TIONAL MOLDERS AND FOUNDRY WORKERS UNION OF N. A., A. F. OF L. Case No. 5-R-1560.-Decided July 13, 1944 Scott cf' Collier by Mr. John A. Scott, of Statesville, N. C., for the Company. Mr. F. E. Long, of East Point, Ga., and Mr. John Montgon ery, of Statesville, N. C., for the Union. Mr. Bernard Goldberg, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon a petition duly filed' by International Molders and Foundry Workers Union of N. A., A. F. of L., herein called the Union, alleg- ' ing that a question affecting commerce had arisen concerning the representation of employees of Turner Manufacturing Company, Statesville, North Carolina, herein called the Company;'the National Labor Relations Board provided for an appropriate hearing upon due notice before George L. Weasler, Trial Examiner. Said hearing was held, at Statesville, North Carolina, on June 5, 1944. The Company and the Union appeared and participated. All parties were afforded full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues. The Trial Examin- er's rulings made at the hearing are free from prejudicial. error and are hereby affirmed. All parties were afforded an opportunity to file briefs'with the Board. Upon the entire record in the case, the Board makes-the following: FINDINGS or. FACT 1. THE BUSINESS 'OF THE COMPANY Turner Manufacturing Company,,a, North Carolina corporation, is engaged in , the manufacture, assembly. and sale of .peanut pickers, and other farm machinery, at 'its sole plant and' offices located, at Statesville, North Carolina. During 1943 it purchased raw materials, 57 N. L. R. B., No: 46. „^. 251, 252 DECISIONS OF NATIONAL LABOR RELATIONS BOARD includipg lumber, steel, pig iron, scrap, and castings, valued' at $306,- 713.16, of which approximately 75 percent was shipped into the State of North Carolina from points outside the State. During the same period it sold machinery and equipment valued at $721,135.42, of which approximately 75 percent was shipped' to points outside the State. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATION' INVOLVED International Molders, and Foundry Workers Union of N. A: affiliated with the American Federation of Labor, is'a labor organiza- tion admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTA'ION The Company has refused to grant recognition to the Union as the exclusive bargaining representative of its foundry eliiployees until the Union has been certified by the Board in an appropriate unit. A statement of a Board agent, introduced into evidence at the hearing, indicates that the Union represents a substantial number of employees in the unit hereinafter found appropriate. We find that a question affecting commerce has arisen concerning the representation of employees of the Company within the meaning of Section 9 (c) arid, Section 2 (6) and (7) of the Act. IV. THE APPROPRIATE UNIT- The Union seeks a unit' composed of all foundry employees, ex- - cluding,clerical and supervisory personnel. The Company. contends that the appropriate unit should include all production and mainte- nance employees of the Company. The foundry is a separate depart- ment housed in a building of its own. The, skills of foundry em-' ployees are distinct from those of employees'in other departments of the factory, and employees are not transferred from the foundry to other departments,'or vice'versa. There is no history of collective bargaining in the plant. The Union has confined its organizational. activities to employees 'in the foundry and, so far as appears from the record, no other union is attempting to organize the employees of tl}e, ' Company. We have held `many` times that foundry workers may constiute a separate unit appropriate for the_ purposes of collective bargaining.2 ' "The Field' Examiners reported that the U$ion submitte'd''30 authorization cards 29 of whichibore apparently; genuine original signatures ;'that the names,of.29 persons- appearing on,the cards were listedlon the Company's, pay. roll of April 27, 1944, which contained the names of 35 ' employees `in 'the appropriate unit ; 'and that the cards' were all dated 'in April, 1944 . 2 See Matter of National Bearing Metals Corporation, 48 N. L. R. B. 418; Matter of Maryland ,-Sanitary, Manufacturing, Corporation,. 53 N . L. R. B. f490 ;,Matter of Goslin- Birniingham Manufacturing Company, Inc., 55 N. L. R. B. 304. TURNER MANUFACTURING COMPANY 253 We find that all employees in the foundry, excluding clerical workers, foremen, and'all other" supervisory employees with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees or effectively recommend such action, constitute a unit appropriate for the purpose of collective bargaining within the mean- ing 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 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 Election herein, subject to the limitations and additions set forth in the Direction .3 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-Series3, it is hereby DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with, Turner Manu- facturing Company, Statesville, North Carolina, 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 Fifth 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 Regula- tions 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 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 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 Union of N. A., affiliated with the American Federation of Labor, for the purposes of collective bargaining. 9 The Union's request to be designated on the ballot as International Molders and Foundry Workers Union of N. A is hereby granted.