The Osgood Co.

In the Matter of THE OSGOOD COMPANY,-COMMERCIAL STEEL CASTING COMPANY DIVISION and UNITED STEELWORKERS OF AMERICA, C. 1. 0. Case No. 8-R-1715.Decided January 18, 1945 Mr. Ben T. Wiant, of Marion, Ohio, for the Company. Mr. Henry Johnson, of Columbus, Ohio, for the Steelworkers. Mr. Joseph Padway, of Washington, D. C., and Mr. Frank Voit, of Cincinati, Ohio, for the Molders. Mr. Julius G. Serot, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon a petition duly filed by United Steelworkers of America, C. 1. 0., herein called the Steelworkers, alleging that a question affect- ing commerce had arisen concerning the representation of employees of The Osgood Company, Commercial Steel Casting Company Divi- sion,l Marion, Ohio, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Thomas E. Shroyer, Trial Examiner. Said hearing was held at Marion, Ohio, on December -13, 1944. The Company, the Steel- workers, and International Molders and Foundry Workers Union of North America, Local 386 (A. F. L.), herein called the Molders, ap- peared 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. At the close of the hearing, the Molders moved to dismiss the petition. The Trial Examiner referred the motion to the Board for determination. For the reasons set forth in Section III, infra, the motion is hereby denied. The Trial Ex- aminer'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. 1 Name as amended at the hearing. 60 N. L. R. B., No. 26. 142 1I THE OSGOOD COMPANY 143 Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY The Osgood Company, Commercial Steel Casting Company Divi- sion, is an Ohio corporation, maintaining several "operating divi- sions" including an open-hearth steel foundry at Marion, Ohio. This proceeding relates only to the Marion, Ohio, plant. It purchases annually more than $500,000 worth of raw materials, and its annual sales exceed the sum of $1,000,000. A substantial part of each moves in interstate commerce. - The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. 11. THE ORGANIZATIONS INVOLVED United Steelworkers of America, affiliated with' the Congress of Industrial Organizations, is a labor organization admitting to mem- bership employees of the Company. International Molders and Foundry Workers Union of North America, 'Local 386, 'is affiliated with the American Federation of Labor, and is a labor organization admitting to membership em- ployees of the Company. III. THE-QUESTION CONCERNING REPRESENTATION On November 1, 1944, the Steelworkers requested the Company to meet with it as the representative of the Company's employees, for the purpose of negotiating a contract. Under date of November 2, 1944, the Company addressed a letter to the Steelworkers advising it that since the Molders had theretofore been certified by the National Labor Relations Board as representing a majority of its employees, it could not enter into collective bargaining negotiations with the Steel- workers. The Molders contends that its contract with the Company, executed on August 26, 1941 (after the Board had certified the Molders), was last renewed on August 26, 1944, for a 1-year period, and therefore bars a present determination of representatives. The contract, in Article XI thereof, provides as follows : 1. This contract shall be in effect from the date it is signed until December 31, 1941. 2. Either party may terminate this contract by giving written notice to the other not less than thirty (30) days prior to an ex- 144 DECISIONS OF NATIONAL LABOR RELATIONS BOARD piration date. In the absence of such notice it shall be auto- matically renewed for periods of one calendar year. 3. 4. This contract may be amended at any time by agreement of the parties. The true expiration date is the crux of this case and the contract itself, supplies the answer.2 The only expiration date mentioned, therein is December 31 (1941) .3 Moreover, the contract is to be re- newed for periods of 1 "calendar year." The words "calendar year" have only one meaning, i. e., from January 1 to December 31. We therefore find no merit in the contention of the Molders, and hold that the request made by the petitioner was timely, and the con- tract is no bar. A statement of a Board agent, introduced into evidence at the hear- ing, indicates that the Steelworkers 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 It was stipulated by all parties that the appropriate unit should consist of all production and maintenance employees 5 of the Company, The Molders produced several of its officials who testified that it was their belief that the contract expired in August of each year ; that when they made this contract in August 1941, they were inexperienced in making labor contracts and desired about 6 months within which to decide on such provisions as they might desire to incorporate in a contract; and that it was because of such desire that this agreement provided that it expire in December 1941, unless automatically renewed. The record indicates that the Company itself regards the December date as the proper expiration date, and that such date was inserted in the contract so that the Company could maintain some degree of uniformity in its relations with various unions, the Company having made agreements with other unions wherein December 31 was set forth as the expiration date. 9 Various supplementary or amendatory agreements were made subsequent to the mak- ing of the original agreement on August 26, 1941, but all of these subsequent agreements were considered by both the Molders and the Company as no more than changes in, or additions to, an existing, continuing contract. Neither the Company nor the Molders ever elected to terminate their agreement. The wording of Article XI, as quoted above, was not altered by any of the amendatory agreements and its original provisions with respect to duration and renewal are still in effect. The Field Examiner reported that the Steeleorkers submitted 131 authorization cards ; that the names of 118 persons appearing on the cards were listed on the Company's pay roll of November 21, 1944, which contains the names of 250 employees in the alleged appropriate unit. The Molders relies upon its contract made on August 26, 1941 , to show its interest in this proceeding. 5 The stipulation specifically includes patternmakers as among the production and maintenance employees who are to constitute the appropriate unit. THE OSGOOD COMPANY 145 but exclude foremen, assistant foremen, janitors," clerical workers who do no regular production and maintenance work, timekeepers, labora- tory personnel, shipping clerks, inspectors, and all part-time workers.7 The unit is apparently the same specified in the contract previously discussed, and we see no reason to depart from the agreement of the parties as to its composition. We find that all production and maintenance employees employed by the Company at its Marion, Ohio, plant, but excluding foremen, assistant foremen, laboratory personnel, inspectors, timekeepers, part- time workers, clerical workers who do no production or maintenance work, janitors, shipping clerks, and all or any other supervisory em- ployees with authority to hire, promote, discharge, discipline, or other- wise effect changes in the status of employees, or effectively recom- mend 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 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. 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 R21a- tions Board Rules and Regulations-Series 3, as amended, it is hereby DIREcaED.that, as part-of the investigation to ascertain representa- tives for the purposes of collective bargaining with The Osgood Corn- pany, Commercial Steel Casting Company Division, Marion, Ohio, 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 E'ghth Region, acting in this matter as agent for the National Labor Rela- tions Board, and subject to Article III, Sections 10 and 11, of said The record indicates that the janitors, of whom there are now four , are men whose physical condition does not permit them to engage in production work . There are men who do the work of janitors in the Company 's foundry , but these men are carried in a labor and helper classification by the Company . Apparently , the janitors whom it is stipulated to exclude from the appropriate unit, do nothing more than sweep the.premises. 7 The part-time workers are high school boys who work during the summer vacations and, may or mac not , work on Saturdays during the school year. They have not been represented by the Molders. 628563-45-vol. 60-11 146 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Rules and Regulations, among the employees in the unit found appro priate in Section IV, above, who were employed during the pay-roll period immediately preceding the date of this Direction, including em- ployees 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 those employees 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 they desire to be represented by United Steelworkers of America, C. I. 0., or by International Molders and Foundry Wgrkers Union of North America, Local 386 (A. F. L.), for the purposes of collective bargaining, or by neither.