Wichita Falls Foundry & Machine Co.

In the Matter of WICHITA FALLS FOUNDRY & MACHINE Co. and INTERNATIONAL ASSOCIATION OF MACHINISTS, LODGE 1476 Case No. 16-R-1685.-Decided July 12, 1946 Nelson, Montgomery and Robertson, by Messrs. Otis E. Nelson and Rush R. Ruckert, of Wichita Falls, Tex., for the Company. Mr. Joe E. Wheeler, of Oklahoma City, Okla., and Mr. Henry J. Murphy, of Fort Worth, Tex., for the Union. Mr. Phil E. Thompson, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon a petition duly filed by International Association of Ma- chinists, Lodge 1476, herein called the Union, alleging that a question affecting commerce had arisen concerning the representation of em- ployees of Wichita Falls Foundry & Machine Co., Wichita Falls, Texas, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Elmer Davis, Trial Examiner. The hearing was held at Wichita Falls, Texas, on April 5, 1946. The Company and the Union ap- peared and participated. During the hearing the Company moved to dismiss the petition on the ground that it was not engaged in com- merce'within the meaning of the Act. Ruling on the motion was re- served to the Board. For reasons set forth in Section I (infra), the motion is hereby denied. All parties were afforded full oppor- tunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues. The Trial Examiner's rul- ings made at the hearing are free from prejudicial error and are hereby affirmed. All parties were afforded opportunity to file briefs with the Board. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY Wichita Falls Foundry & Machine Co. is a Texas corporation whose operations comprise a foundry and machine shop at Wichita Falls, 69 N. L. R. B., No. 54. 458 WICHITA FALLS FOUNDRY & MACHINE CO. 459 Texas. In the year 1945 the Company purchased approximately $20,000 worth of raw materials from outside the State of Texas. During the same period its gross sales amounted to approximately $300,000, of which approximately $10,000 represents sales of products shipped direct by the Company to customers outside the State of Texas. In addition a substantial percentage of the Company's total sales consists of sales of castings shipped to corporations in the State of Texas, and utilized in the production of oil drilling machinery, piston rings, and other products shipped in interstate commerce.' In view of the direct movement in commerce of the Company's products, and particularly in view of the large volume of castings sold to companies utilizing such castings in the production of materials shipped outside the State of Texas, we find, contrary to the con- tention of the Company, that it is engaged in commerce within the meaning of the National Labor Relations Act.2 II. THE ORGANIZATION INVOLVED International Association of Machinists, Lodge 1476, is a labor organization admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The Company has refused to grant recognition to the Union as the exclusive bargaining representative of certain of its employees until the Union has been certified by the Board in an appropriate unit. 'Subsequent to the hearing depositions were taken from representatives of Magnolia Petroleum Company, Haliburton Cementing Co., Wilson Manufacturing Co. and Double Seal Ring Co., with respect to the interstate character of their operations and the volume of products each purchased from the Wichita Falls Foundry & Machine Co. Pursuant to a written stipulation between the Company and a representative of the Board that the record be reopened for introduction of such testimony , we hereby include said depositions as a part of the record in this proceeding. The depositions show that : The Wilson Manufacturing Co. purchases substantially all of the sheaves, and iron and brass castings that it uses in the manufacture of oil drillings rigs and winches from the Company . For the year 1945 , these purchases amounted to approximately $75,000. During the same period the Wilson Manufacturing Co. shipped approximately 45 percent of its finished products in interstate commerce. During the first 4 months of 1946, sub- stantially all machinery made by the Wilson Manufacturing Co. was produced for export to foreign countries ; its purchases of sheaves and castings from the Company during this period exceeded $50,000 in value. The Double Seal Ring Company is principally engaged in the manufacture of piston rings. During the year 1945, the value of individual and pot castings used in the manu- facture of piston rings amounted to approximately $116,000, of which approximately $28,000 worth was purchased from the Company. During this period , 80 to 85 percent of the Double Seal Ring Co.'s finished products were shipped in interstate commerce. Evidence in the depositions of the Company's sales to the Ilaliburton Cementing Co. and the Magnolia Petroleum Company was confined to sales of castings shipped by the Company to these corporations in the State of Oklahoma, and are included in the above- mentioned amount of the Company's sales of products shipped direct in interstate commerce. 2 Matter of The Superior Pattern Co., et at., 57 N. L. R. B. 1253; Matter of Standard Pattern Works, 59 N. L. R. B. 1075. 460 DECISIONS OF NATIONAL LABOR RELATIONS BOARD A statement of a Board agent, introduced into evidence at the hearing, indicates that the Union represents a substantial number of employees in the unit hereinafter found appropriate .3 The evidence shows that the Company employs approximately 16 Negroes in the foundry: The Union admittedly does not admit colored workers to its membership. The Company therefore raised some question at the hearing as to the propriety of the Union seeking certification as the exclusive bargaining representative for a unit con- taining employees excluded from its membership. In this regard, the Union asserted at the hearing that it does and will represent all workers, regardless of color, in the unit it is seeking herein. More- over, any certification will be subject to recision, if it is later shown, upon proper motion, that the Union has denied adequate representa- tion to any employee because of his race, color, creed or national origin .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. IF. THE APPROPRIATE UNIT The Union seeks a unit comprised of all production and maintenance employees of the Company, including the shipping clerk and the pat- tern clerk, but excluding office and clerical, engineering, and super- visory employees. The Company contends that separate units should be established for the foundry and machine shops, from which it would exclude the shipping clerk and pattern clerk mentioned above. All of the Company's operations are carried on at the same location in Wichita Falls, Texas. Although the foundry and machine shop are located in separate buildings and have separate superintendents, it is clear from the record that together they constitute an integrated enterprise, with common over-all management, accounts, and labor policies. Inasmuch as the Union's organization has extended over both operations and there is no collective bargaining history of separate units for the machine shop and the foundry, we are of the opinion that the employees in both divisions constitute a single appropriate unit.5 The pattern clerk and the shipping clerk work in the foundry, are carried on the foundry pay roll, are paid on the hourly basis, and work under the supervision of the foundry superintendent. The Com- pany contends that they should be excluded from the unit because they 3 The Field Examiner reported that the Union submitted 45 authorization cards. There are approximately 49 employees in the unit. 4 See Matter of General Motors Corporation ( Chevrolet Shell Division ), 62 N. L. R. B. 427, and cases cited therein. S Matter of Longhorn Roofing Products, Inc., 67 N. L. R. B. 84. WICHITA FALLS FOUNDRY & MACHINE CO. 461 perform clerical duties. We find no merit in this contention. It is a well established policy of the Board to include shop clerical employees in production and maintenance units where the evidence shows, as in the instant case, that they work in close proximity to and under the same supervision as the production and maintenance employees. We shall include the shipping clerk and the pattern clerk in the unit." We find that all production and maintenance employees of the Com- pany, including the shipping clerk and the pattern clerk, but excluding office clerical, engineering, and supervisory employees with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees, or effectively recommend such action, consti- tute 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 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 representa- tives for the purposes of collective bargaining with Wichita Falls Foundry & Machine Co., Wichita Falls, Texas, 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 Sixteenth Region, acting in this matter as agent for the National Labor Relations Board, and subject, to Article III, Sections 10 and 11, of said Rules and Regula- tions, 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 vaca- tion or temporarily laid off, and including employees in the armed forces of the United States who present themselves in person at the Matter of Goodman Manufacturing Corporation, 58 N. L. It. B. 531 ; see also Matter of Wilson Athletic Goods Manufacturing Company, 66 N. L. R. B . 263, and Matter of American Laundry Machinery Company, 66 N. L. R. B. 1292. 462 DECISIONS OF NATIONAL LABOR RELATIONS BOARD polls, but excluding those employees 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 Association of Machinists, Lodge 1476, for the purpose of collective bargaining.