Sacks-Barlow Foundries, Inc.

In the Matter of SACKS-BARLOw FOUNDRIES, INC., EMPLOYER and INTERNATIONAL MOLDERS & FOUNDRY WORKERS UNION OF N. A., A. F. L., PETITIONER ' Case No. 2-RC-,58.-Decided August 31, 1948 DECISION AND ORDER Upon a- petition duly filed, a hearing was held before a hearing officer of the National Labor Relations Board. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed. The Employer operates gray and malleable iron foundries at New- ark, New Jersey. It stipulated and we find that it is engaged in com- merce within the meaning of the National Labor Relations Act. The labor organizations involved claim to represent employees of the Employer. . Upon the entire record in this' case, the Board finds that no ques- tion affecting commerce exists concerning the representation of em- ployees of the Employer, within the meaning of Section 9 (c) (1) and Section 2 (6) and (7) of the Act, for the following reasons :1 The Petitioner seeks a unit consisting of heavy floor molders and their apprentices, side floor molders, squeezer molders, gate molders, jolt molders, and bench jobbing molders, and coremakers and their apprentices. For approximately 10 years these employees have been represented by the Intervenor as part of a production and maintenance unit. For the 10 years prior to 1937 the Petitioner represented molders, core- makers and their apprentices in the Employer's gray iron foundry, but early in 1938 itself requested a plant-wide unit of helpers and laborers 1 All production and maintenance employees of the Employer are presently covered by a 1-year contract executed January 28, 1948 , by the United Steelworkers of America, C. I. 0., which intervened in this proceeding, and the Employer. The current contract of the Intervenor is not a bar to this proceeding, because the petition, with its amendments, was timely filed. 79 N. L. R. B., No. §8. 327 32.8 DECISIONS OF NATIONAL LABOR RELATIONS BOARD as well as molders and coremakers. A consent election in a production, and maintenance unit was then held, and, as the result of this election, the Intervenor became the bargaining representative of the employees- of the Employer,2 Of the nine classifications of employees, which the Petitioner seeks to'sever'from the existing broad unit,-squeezer, gate and jolt molders, and some of the coremakers, do machine rather than hand work,-and the evidence shows that they can be trained to do this work in the Em- ployer's foundry in 3 to 4 weeks. They cannot do hand molding and coremaking, as to which it is conceded that a 4-year apprenticeship system is in effect. The Petitioner customarily requests a unit of all foundry employees, including skilled, semi-skilled and unskilled workers,3 and occasionally a unit of molders, coremakers and their apprentices,4 whom the Board recognizes as skilled., - In this instance, however, the Petitioner re- quests a unit of skilled and semi-skilled molders and coremakers. The unit is not an apprenticeable craft group appropriate for collective bargaining nor a unit of all foundry employees. Accordingly, we shall dismiss the petition. ' , . ORDER , Upon the basis of the entire record in this case, the National Labor- Relations Board hereby orders that the petition filed in the instant it Latter be, and it hereby is, dismissed. • , 2 Case No 2-R-880 ' 3 Matter of Davis h Farber Machine Co., 59 N L. R B. 1328 ; Matter of Red Jacket Manufacturing Co., 62 N L R B 740 ; Matter of Electric Household Utilities Corp., 64 N L R .B 1181 ; Matter of American Laundry Machinery Co., 66'N L 'R B 1292 ; Matter: of Magnus Lead Div. of National Lead Co., 66 N L R. B. 496 ; Matter of American Radiator ,C Standard Sanitary Co., 67 N. L. R. B. 1135; Matter of Neptune Meter Co , 67 N L R. B. 949 ; Matter of The Jaeger Machine Co , 67 N. L It. B 683 , Matter of Baban Textile Ma- chinery Co., Inc, 70 N. L R B 839; Matter of Food Machinery Corp , 72 N. L R B. 483; flatter of John Deere Dubuque Tractor Co , 72 N L . R B. 656 : Maitei of Eclipse Lawn Mower Co.,, 73 N L R. B. 258; Matter of Savill Co, 74 N L R B 14, Matter of Hart-. Carter Co , 74 N L R. B. 115 , Matter of Mascpt, Stove Co., 75 N L. R B. 427 , Matter of Johnson City Foundry, 75 N. L. R- B. 475, Matter of Link-pelt Conipanj, 76 N L R B. 427 ;, Matter of Copper Clad Malleable Range Co , 77 N L.R. B. 250 ; Matter of The Murray Co . 77 N L. R. B. 481, Matter of Western Foundry Co., 77 N L. R B. 800, Matter of John Deere Diibuque Tractor Works, 77 N. L R 'B 1424. Matter of Detroit Michigan Stove Co , 55 N . L R. B. 1514 ; flatter of Bethlehem Steel Co., 61 N L. It. B. 1410; Matter of Federal Steel Products Corp., 64 N. L. It. B. 908 ; Matter of Charles Binns, 77 N L R P. 380 In Matter of C. A. Dunham Cc , 74 N. L R. B 212 , a unit of all foundry workers or an- alternate unit of molders , coremakers and their apprentices was'sought.' 6 Matter of Link-Belt Company, 76 N. L R B. 427; Matter of Benjamin, Eastwood Com- pany, 77 N L R. B. 1383. '