Neptune Meter Co.

III the Matter of NEPTUNE METER COMPANY and INTERNATIONAL MOLDERS & FOUNDRY WORKERS OF NORTH AMERICA, LOCAL 87, A. F . of L. Case No. 2-R-5110.-Decided April 29,1946 Mr. Robert A. Levett, for the Board. Simpson, Thatcher & Bartlett, by Mr. E. L. Coffey, of New York City, for the Company. Messrs. Alphonse Stein and Frank Jennette, of New York City, for the A. F. of L. Frank Schemer, by Miss Mildred Roth, of New York City, for the C. I. O. Sweet ct; Sweet, by Mr. Samuel Sweet, of New York City, for the IEA. Mr. James Zett, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon a petition duly filed by International Molders & Foundry Workers of North America, Local 8 7, A. F. of L., herein called the Molders, alleging that a question affecting commerce had arisen con- cerning the representation of employees of Neptune Meter Company, Long Island City, New York, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Henry J. Kent, Trial Examiner. The hearing was held at New York City, on July 24, 1945. The Company, the Molders, the United Electrical Radio and Machine Workers of America, C. I. 0., herein called the C. I. 0.,1 and the Independent Employment Associa- tion of Neptune Meter Company, herein called the IEA,2 appeared and participated. All parties were afforded full opportunity to be heard, ' The C. I. O. withdrew early in the proceeding after agreeing to the unit proposed by the A. F of L 2 On March 6, 1946, in Matter of Neptune Meter Company, 66 N. L. R. B. 292, the Board issued an order disestablishing the IEA as the bargaining representative of the Company's employees In view of the Board's determination that the IEA is not a bona fide labor organization, no consideration will be given to its contentions made at the hearing. 67 N. L. R B , No 116. 949 950 DECISIONS OF NATIONAL LABOR RELATIONS BOARD to examine and cross-examine witnesses, and to introduce evidence bearing on the issues. The Trial Examiner's rulings made at the hear- ing are free from prejudicial error and are hereby affirmed. All parties were afforded opportunity to file briefs with the Board. The Com- pany moved to dismiss the petition. For reasons hereinafter indicated, the motion is denied. Upon the entire record in the case, the Board makes the following: FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY Neptune Meter Company is a New Jersey corporation with a prin- cipal office in New York City and branch offices in a number of other States. It has plants in Long Island City and the Bronx, New York, where it is engaged in the manufacture, sale, and distribution of liquid meters. This proceeding is involved only with its Long Island City plant. During the year ending July 1, 1945, the Company purchased for use of its Long Island City plant raw materials consisting chiefly of bronze, brass, cast iron, and rubber valued at more than $1,000,000, of which approximately 50 percent was shipped to the plant from points outside the State of New York. During the same period the Long Island City plant produced finished products valued in excess of $1,000,000, over 50 percent of which was shipped in interstate com- merce to points outside the State of New York. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATIONS INVOLVED International Molders & Foundry Workers of North America, Local 87, is a labor organization affiliated with the American Federation of Labor, admitting to membership employees of the Company. United Electrical , Radio and Machine Workers of America is a labor organization , affiliated with the Congress of Industrial Organi- zations, admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION On October 6, 1944, the Company declined to grant recognition to the Molders as the exclusive bargaining representative of its Long Island City foundry employees until the Molders had been certified by the Board in an appropriate unit. The Molders filed its petition in-this proceeding on October 11, 1944. NEPTUNE METER COMPANY 951 Thereafter the Company and the IEA entered into an agreement of recognition on October 14, 1944, and a written contract on Decem- ber 28, 1944. This does not operate to bar a determination of repre- sentatives in view of the timely petition of the Molders and for the additional reason that the Board has directed the Company to cease giving effect to any and all contracts with the IEA.3 A statement of a Board agent, introduced into evidence at the hearing, indicates that the A. F. of L. represents a substantial number of employees in the unit hereinafter found appropriate.4 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. 1Y. THE APPROPRIATE UNIT The A. F. of L. contends that the foundry employees of the Com- pany's Long Island City plant constitute an appropriate unit whereas the Company contends that only a plant-wide unit of all its employees, including office and plant clericals, is appropriate. The Company contends that the geographical proximity of the foundry to the other departments in the plant, the functional inter- dependence and integration of all departments under a centralized management and similar hours, wages, working conditions, and ben- efit plans for all its employees demonstrate that a plant-wide unit is the sole appropriate unit of its employees. The entire plant, includ- ing the foundry and administrative offices, is housed on a single plot of land in a series of inter-connected buildings of one, three, and five stories. One plant manager and two plant superintendents exercise over-all control and direction of the operations in all seven depart- ments, which are serviced by a single set of administrative offices, and the like. The Company introduced evidence of a continuous manu- facturing process, beginning in the foundry and ending in the ship- ping room, and a series of exhibits on a job evaluation study showed that an identical point system in setting wage rates was utilized for the foundry as well as for the other departments. All of this evidence is persuasive of the Company's contentions. On the other hand the foundry is considered as a distinct depart- ment by the Company and is separated physically by fire-stop walls from the other departments. The production employees of the foundry consist of molders, coremakers, grinders and chippers, inspec- tors, metal handlers, and laborers, and all of them are engaged in pro- 8 Matter of Neptune Meter Company, supra. 4 The Field Examiner reported that the A . F. of L. submitted 45 cards, bearing the names of 43 employees , listed on the Company 's pay roll of October 27, 1944. There are approximately 99 employees in the appropriate unit. 952 DECISIONS OF NATIONAL LABOR RELATIONS BOARD duction and maintenance work incident to the manufacture of mold- ings and castings. Except for laborers and inspectors, the nature of the work performed and the skills required in the foundry are dis- similar to those in other departments and are not duplicated elsewhere in the plant.5 We are of the opinion that the foundry employees comprise a homo- geneous and functionally coherent group which can function as a separate bargaining unite Moreover, no bona fide labor organization with a sufficient interest now seeks to represent the employees of the Company on a plant-wide basis. In view of all these factors, we con- clude that the foundry employees presently constitute an appropri- ate unit. There remains for our consideration two disputed categories. The Union would exclude as a technical employee, and the Company would include, the assistant chemist. This employee is technically trained, and is engaged in duties of a technical nature. In accord- ance with our usual practice,? we shall exclude him as a technical employee. The Union would exclude, and the Company include, the plant clerk. He is under supervision of the chief office clerk, in common with other plant and office clericals. No one plant clerk is per- manently assigned to the foundry, but several apparently are inter- changed between the foundry and other stations. Inasmuch as the unit is confined to the foundry, and because the duties of this plant clerk are performed by several employees for varying periods, we shall exclude him from the unit, We find that all foundry employees at the Company's Long Island City plant, including molders, coremakers, grinders, chippers, in- spectors, metal handlers, laborers, and group leaders ,¢ but excluding the plant clerk, assistant chemist, assistant 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 purposes of collective bargaining within the meaning of Section 9 (b) of the Act. 5 Job classification in other departments include testers , assemblers, packers, mill- wrights, stockroom help, toolmakers , basing mill operators , screw machine operators, drill process operators , guards, painters, platers and dippers , laborers, machine operators, inspectors. 6 We have frequently found that foundry employees comprise an appropriate unit. See Matter of Ingersoll-Rand Company, 55 N. L. It. B. 14; Matter of Bethlehem Steel Company, 61 N. L. R B 1410, and 33 N. L. R . B 1064 ; Matter of Sterling Steel Foundry Company, 53 N L. It. B. 896. ' Matter of Boston Edison Co., 51 N. L. it. B. 118. 8 Group leaders were formerly known as subforemen , discharge the duties of leadman, and perform no supervisory functions. They are hourly paid employees in common with the production and maintenance workers All parties agreed to their inclusion in the unit. NEPTUNE METER COMPANY V. THE DETERMINATION OF REPRESENTATIVES 953 We shall direct that the question concerning representation which has arisen be resolved by an election by secret ballot among em- ployees in the appropriate unit who were employed during the pay- roll period immediately preceding the date of the Direction of Elec- tion 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 Rela- tions 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 representa- tives for the purposes of collective bargaining with Neptune Meter Company, New York City, an election by secret ballot shall be con- ducted as early as possible, but not later than thirty (30) days from the date of this Direction, under the direction and supervision of the Re- gional Director for the Second Region, acting in this matter as agent for the National Labor Relations Board, and subject to Article III, Sec- tions 10 and 11, of said Rules and Regulations, among 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 those em- ployees 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 International Molders & Foundry Workers of North America, affiliated with the A. F. of L., or by United Electrical, Radio and Machine Workers of America, affiliated with the C. I. O., for the purposes of collective bargaining, or by neither.