W. A. Jones Foundry & Machine Co.

In the Matter of W. A. JONES FOUNDRY & MACHINE Co., EMPLOYER and PATrERN MAKERS LEAGUE OF NORTH AMERICA, A. F. L., PETI- TIONER In the Matter of W. A. JONES FOUNDRY & MACHINE CO., EMPLOYER and INTERNATIONAL MOLDERS & FOUNDRY WORKERS UNION OF NORTH AMERICA, A. F. L. Cases Nos. 13-11C-452 and 13-11C-198, respectively.Decided April 27,1949 DECISION AND DIRECTION OF ELECTIONS Upon separate petitions duly filed, a consolidated hearing was held before Philip Licari, hearing officer. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed. - Pursuant to the provisions of Section 3 (b) of the National Labor Relations Act, the Board has delegated its powers in connection with this case to a three-member panel [Chairman Herzog and Members Reynolds and Gray]. Upon the entire record in the case, the Board finds : 1. The Employer is engaged in commerce within the meaning of the National Labor Relations Act. 2. The Pattern Makers League of North America, AFL, herein called the Pattern Makers, the International Molders and Foundry 'Workers Union of North America, AFL, herein called the Foundry Workers, and the United Automobile, Aircraft and Agricultural Im- plement Workers, Local No. 158, CIO, herein called the Intervenor, are labor organizations claiming to represent employees of the Employer. 3. The Intervenor contends that an election at this time is barred by its agreement with the Employer dated November 24, 1948. The record discloses that on November 22, 1947, the Intervenor and the Employer executed a contract covering all the Employer's production and maintenance employees, for a term extending to November 22, '1948. On September 16, 1948, the Intervenor notified the Employer that it desired to modify that contract. On October 21, and Novem- ber 5, 1948, respectively, the Foundry Workers and the Pattern 83 N. L. R. B., No. 28. 211 212 DECISIONS - OF NATIONAL LABOR RELATIONS BOARD Makers filed their petitions. On November 23, 1948, the Regional Director dismissed the Foundry Workers' petition upon the ground of an apparently insufficient showing of interest. All parties were mailed copies of the Regional Director's notification of dismissal, in which he stated that the Foundry Workers could obtain a review of his action by filing a request for such review with the Board within 10 days. On November 24, 1948, the Employer and the Intervenor executed an interim agreement, which modified the contract dated November 22, 1947, and extended it for an additional 2-year term. On Novem- ber 29, 1948, the Foundry Workers filed with the Board a timely re- quest for review of the Regional Director's dismissal of its petition: On November 30, 1948, the Regional Director withdrew his dismissal, and, on the same day, the Foundry Workers filed an amended peti- tion. On December 2, 1948, the Intervenor and the Employer for- mally executed a new contract embodying the terms of the contract dated November 22, 1947, and the-amendments contained in the 1948 interim agreement. As the Pattern Makers' petition, was filed before the- execution of the interim agreement of November 24, 1948, it is not barred by such agreement or by the subsequent contract of December 2, 1948.. The Foundry Workers' petition likewise is not barred, because its original petition also preceded the execution of the interim agree= ment. Although this ,petition was dismissed by the Regional Direc- tor, the execution of the interim' agreement occurred during the pe- riod within which the Petitioner's right to pursue its request for a determination of representatives was preserved by the Board's Rules and Regulations, which provide for the filing of a timely appeal.' In this case, as set forth above, the issue raised by the Foundry Workers' appeall became moot, because the Regional Director thereafter re- scinded his action of dismissal, and accepted an amended petition.2 We find that a question affecting commerce exists concerning the representation of employees of the Employer, within the,meaning of Section 9 (c) (1) and Section 2 (6) and (7) of the Act. 4. The appropriate units : The Pattern Makers seeks to represent a unit consisting of all pat- tern makers and apprentices. The Foundry. Workers seeks to rep- Section 203 63, of National Labor Relations Board Rules and Regulations , Series 5, as amended. See also : Matter of Corn Products Refining Co., 80 N. L. R. B. 367, where we held that a,petition was not barred•by a contract executed while an appeal from the Regional Director's dismissal, later reversed by the Board , was pending. 2'The amended petition somewhat narrowed the unit by specifically excluding certain categories of employees which appear to have been included in the unit description. as framed in the original petition. W. A. JONES FOUNDRY & MACHINE CO. 213 resent a unit consisting of foundry employees. The Employer and the Intervenor contend that both units are inappropriate. The pattern makers and apprentices work in a pattern shop that is supervised by the pattern maker foreman. An apprenticeship of 5 years is required to qualify as a journeyman pattern maker. As journeymen pattern makers and apprentices constitute a highly skilled and well-recognized craft group, we find that they may constitute a separate unit. The Foundry Workers seeks to represent a unit of full time foundry employees, excluding machine shop, powerhouse, and pattern shop employees, and all outside laborers including car unloaders and mate- rial handlers. Specifically included in the unit are the usual foundry classifications, such as molder, cupola tender, shake-out man, core maker, cleaner, and laborer. All of these employees operate as a distinct department under single supervision and are physically sepa- rated from the rest of the plant. There is little interchange of em- ployees between the foundry and other departments in the plant. As these employees constitute an historically recognized occupational group, we find that they may be represented in a separate unit if they so desire.3 As noted above, the Foundry Workers would exclude from the unit all outside laborers, or car unloaders and material handlers. The primary duty of these employees is to unload freight cars of sand, scrap iron, coke and similar materials. When there are no cars to unload, they are assigned to jobs as foundry laborers inside the foun- dry. They are at all times under the supervision of the foundry super- intendent. We believe that their interests and duties are more closely allied to those of the regular foundry employees than to those of the employees of the .machine shop or other departments of the Employ- er's plant. Accordingly, we shall include them in ,the voting group of foundry employees hereinafter set forth. We shall direct that separate elections be held among the employees in the following voting groups, excluding all supervisors as defined in the Act : 1. All journeymen pattern makers and apprentices. 2. All full time foundry employees, including outside laborers, car unloaders, and material handlers, but excluding machine shop, powerhouse, and pattern shop employees, and all guards and profes- sional employees. However, we shall make no final unit determination at this time, but shall first ascertain the desires of these employees as expressed 8 Matter of Ma800t Stove Company, 75 N. L. R. B. 427; Matter of C. A. Dunham Company, 74 N. L. R. B. 212. 844340-50-vol. 83-15 214 DECISIONS OF NATIONAL LABOR RELATIONS BOARD in the elections hereinafter directed. If the employees in voting group (1) select the Pattern Makers, or the employees in voting group (2) select the Foundry Workers, such employees will be taken to have indicated a desire to constitute a separate appropriate unit. DIRECTION OF ELECTIONS 4 As part of the investigation to ascertain representatives for the purposes of collective bargaining with the Employer, elections by secret ballot shall be conducted as early as possible, but not later than 30 days from the date of this Direction, under the direction and super- vision of the Regional Director for the Thirteenth Region, and subject to Sections 203.61 and 203.62 of National Labor Relations Board Rules and Regulations-Series 5, as amended, among the employees in the voting groups listed in paragraph 4, 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, but ex- cludingithose employees who have since quit or been discharged for cause and have not been rehired or reinstated prior to the date of the elections, and also excluding employees on strike who are not entitled to reinstatement, to determine : Whether the employees in group (1) desire to be represented, for purposes of collective bargaining, by Pattern Makers League of North America, or by United Automobile, Aircraft and Agricultural Imple- ment Workers, Local No. 158, C. I. 0., or by neither. Whether the employees in group (2) desire to be represented, for purposes of collective bargaining, by the International Molders and Foundry Workers Union of North America, A. F. L., or by United -Automobile, Aircraft and Agricultural Implement Workers, Local No. 158, C. 1. 0., or by neither. 4 The compliance status of the Intervenor has lapsed since the hearing in this matter. The Regional Director is herewith instructed to delete the Intervenor's name from the ballot in the election directed herein if the Intervenor has not, within 2 weeks from this date, renewed its compliance with Section 9 (f), (g), and (h). No election shall be scheduled within the 2-week period allowed until and unless compliance has been renewed.