Blake Manufacturing Co.

In the Matter of BLAKE MANUFACTURING COMPANY and INTERNATIONAL UNION, UNITED AUTOMOBILE, AIRCRAFT & AGRICULTURAL IMPLEMENT WORKERS, C. I. O. Case No. 13-P-2545.Decided November 0. 1944 Mr. George H. Quest, of Rock Island, Ill., for the Company_ Mr.' Jack Franklin , of Rock Island, Ill., and Mr. James R. Poland, of Moline, Ill., for the U. A. W.-C. I. O. Mr. Douglas J. Hanna, of Davenport , Iowa, and Mr. Evar Anderson, of Rock Island, Ill., for the Molders. Mr. Louis Cokin, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by International Union, United Automo- bile, Aircraft & Agricultural Implement Workers of America, C. I. 0., herein called the U. A. W.-C. I. 0., alleging that a question affecting commerce had arisen concerning the representation of employees of Blake Manufacturing Company, Rock Island, Illinois, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Frank M. Kleiler, Trial Examiner. Said hearing was held at Rock Island, Illinois, on August 16, 1944. At the commencement of the hearing, the Trial Examiner granted a motion of International Molders and Foundry Workers' Union of North America, A. F. of L., herein called the Molders, to intervene. The Company, the U. A. W.-C. I. 0., and the Molders ap- -peared at and participated in the hearing. 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 Exam- iner'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. 1 Although International Association of Machinists, A F of L , herein called the I A JI , was served with Notice of Hearing , it did not appear. 59 N. L. R. B, No. 5. 13 14 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Blake Manufacturing Company is an Illinois corporation with its principal place of business at Rock Island, Illinois, where it is engaged in the manufacture of plumbing equipment. During April, May, and June 1944, the Company purchased raw materials valued at about $14,300, approximately 80 percent of which was shipped to it from points outside the State of Illinois. During the same period, the Com- pany sold products valued at about $67,100, approximately 50 percent of which was shipped to points outside the State of Illinois. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. IT. THE ORGANIZATIONS INVOLVED International Union, United Automobile, Aircraft & Agricultural Implement Workers of America, is a labor organization affiliated with the Congress of Industrial Organizations, admitting to membership employees of the Company. International Molders and Foundry Workers' Union of North America, is a labor organization affiliated with the American Federa- tion of Labor, admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION On December 18, 1941, the Company, following two consent elections, signed a single contract with the Molders and the I. A. M. which covered the employees involved herein. On June 21, 1943, the Com- pany and the Molders entered into a new exclusive collective bargain- ing contract covering only the employees in the Company's foundry. The I. A. M. ceased to be active among the employees of the Company represented by it up to that time. The June 21, 1943, contract between the Company and the Molders provides that it should be effective from May 1, 1943, until May 1, 1944, and from year to year thereafter unless either party thereto notified the other of a desire to terminate not less than 30 days prior to any annual expiration date. The contract fur- ther provides that either party desiring to amend or change the wage rates in the agreement may at any time serve 30 days' notice upon the other party and that no other sections of the agreement shall be affected by the notice. During the latter part of 1943, the Company and the Molders put into effect a new wage system as a result of collec- tive negotiations. Around April 1, 1944, the Molders notified the Company that it desired to negotiate further wage changes. A series of negotiations followed, and the parties agreed on wage increases which were submitted to the National War Labor Board for the latter's BLAKE MANUFACTURING COMPANY 15 approval. On June 28, 1944, the U. A. W.-C. I. O. made its claim upon the Company. Prior to that time, however, the National War Labor Board had approved half of the negotiated increases, but did not approve the remaining negotiated wage increases until August 1944, after the U. A. W.-C. I. O.'s request for bargaining. No new con- tract had ever been signed between the Molders and the Company, and the record indicates that it was clearly the intention of the parties merely to change the wage structure in the existing contract, pursuant to the clause therein set out above, and nothing more. None of the other substantive matters in the agreement of May 1, 1943, were changed in any form. Thus, although new negotiations looking toward wage increases were conducted between the Company and the Molders starting April 1, 1944, said negotiations were only for the purpose of amending the then existing wage structure in the contract. We find that the claim of the U. A. W.-C. I. O. on June 28, 1944, was untimely, and that the contract of May 1, 1943, automatically renewed itself on April 1, 1944, for a term of 1 year.2 We find, therefore, that the contract between the Molders and the Company constitutes a bar to this proceeding with respect to the employees covered thereby. How- ever, there is nothing to bar a determination of representatives at this time with respect to the remaining employees covered by the petition. A statement of a Field Examiner of the Board, introduced into evi- dence at the hearing, indicates that the U. A. W.-C. I. O. represents a substantial number of employees in the unit alleged by it to be appro- priate.' We find that a question affectirfg 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 U. A. W.-C. I. O. urges that all production and maintenance employees of the Company, excluding clerks, guards, foremen, and any other supervisors, constitute an appropirate unit. The Molders urges that all employees of the foundry, the core room, and the mill room constitute a separate appropriate unit 4 The Company takes no position with respect to the unit or units. We have hereinabove found that the contract between the Molders and the Company constitutes a bar to an investigation of representa- tives for the employees covered by that agreement at this time. Ac- cordingly, we shall exclude such employees from any unit found appro- priate herein. 2 See Matter of Green Bay Drop Forge Company, 57 N L R B 1417. s The Field Examiner reported that the U A W -C I 0 presented 37 membership application cards bearing apparently genuine original signatures of persons whose names appear on the July 26, 1944, pay roll of the Company. There are approximately 47 em- ployees in the unit alleged by the U. A W -C I O. to be appropriate 4 These are the employees covered by the Molders' contract with the Company. 618683-45-vol 59-3 16 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Evidence introduced at the hearing indicates that the remaining employees, with certain exclusions, constitute a well defined homoge- neous group. We find that all employees of the Company, including employees of the machine shop, warehouse, and shipping room, but excluding employees in the foundry, core room and mill room, guards, office employees, foremen, and any other supervisory employees with au- thority 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 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. 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 Relations Act, and pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 3, as amended, it is hereby DIRECTED that, as part of the investigation to ascertain represent- atives for the purposes of collective bargaining with Blake Manu- facturing Company, Rock Island, Illinois, 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 Thirteenth Region, acting in this matter as agent for the National Labor Relations Board and sub- ject 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 employees who did not work during the 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 dis- charged 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 Union, United Automobile, Aircraft & Agricultural Implement Workers of America, C. I. 0., for'the purposes of collective bargaining.