The Crawford Steel Foundry Co.

In the Matter of THE CRAWFORD STEEL FOUNDRY COMPANY, EMPLOYER and CRAWFORD STEEL FOUNDRY COMPANY UNION OF Bucmus, OHIO,' PETITIONER Case No. 8-R-2166.-Decided August 19, 1946 Mr. J. L. Halberstein, of Marion, Ohio, and Mr. S. McClure, of Bucyrus, Ohio, for the Employer. Mr. Edward J. Myers, of Bucyrus, Ohio, and Mr. Frank Wiede- mann, of Marion, Ohio, for the Petitioner. Messrs. Jacob Clayman and William Bell, of Mansfield, Ohio, for • the C. I. O. Mr. Martin T. Camacho, of counsel, to the Board. DECISION AND DIRECTION OF ELECTION Upon a petition duly filed, hearing in this'case was held at Bucyrus, Ohio, on June 21, 1946, before Louis S. Belk-in, Trial Examiner. The Trial Examiner's rulings made at the hearing are free from prejudicial error and are hereby affirmed. Upon the entire record in the case, the National Labor Relations Board makes the following: FINDINGS OF FACT 1. THE BUSINESS OF THE EMPLOYER The Crawford Steel Foundry Company is an Ohio corporation, having its principal place of business in Bucyrus, Ohio, where it is engaged in the manufacture of rough steel castings. The principal raw materials used by the Employer are scrap steel, pig irons, alloys and sand. The Employer's annual purchases of such materials for the past year amounted to more than $300,000 in value, of which ap- proximately 70 percent originated at points outside the State of Ohio. For the same period the Employer's manufactured products were in excess of $800,000, of which approximately 25 percent was shipped to points outside the State of Ohio. 1 The pleadings were amended at the hearing to name the Petltlonel as shown above. 70 N L. R. B., No. 14. 150 THE CRAWFORD STEEL FOUNDRY COMPANY 151 The Employer admits and we find that it is engaged in commerce within the meaning of the National Labor Relations Act. 'II. TIIE ORGANIZATIONS INVOLVED The Petitioner is an unaffiliated labor organization 2 claiming to represent employees of the Employer. United Steelworkers of America, Local Union No. 3348, herein called -C. I. 0.,3 is a labor organization affiliated with Congress of Industrial Organizations, claiming to represent employees of the Employer. III. THE QUESTION CONCERNING REPRESENTATION The Petitioner, by letter on or about March 16, 1946, requested recognition as the exclusive bargaining representative of employees of the Employer. The Employer never replied to the letter, and has continued td' refuse the Petitioner recognition. We find that a question affecting commerce has arisen concerning the representation of employees of the Employer, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the-Act. IV. THE APPROPRIATE UNIT We find, in, accordance with the stipulation of the parties, that all production and maintenance employees of the Company at its Bucyrus, Ohio plant, including laboratory employees, but excluding watchmen, office and clerical employees, part-time employees, proba- tionary employees, foremen, assistant foremen, and all or any other supervisory employees with authority to hire, promote, discharge, dis- cipline, 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 4 2 The C. I. O. at the hearing declined to stipulate that the Petitioner is a labor organ- ization within the meaning of the Act . Evidence adduced at the hearing disclosed that the Petitioner is composed of -a group of employees organized and established for the purposes of engaging in collective bargaining with respect to wages and other matters concerning working conditions Hence, it is clear that the Petitioner is a labor organiza- tion within the meaning of Section 2 (5) of the Act. 3 The C I. 0 which presently represents the employees involved in this proceeding was permitted to intervene at the hearing * At the hearing the, parties stipulated to the statement that the appropriate unit should be the identical unit pieviously found appiopriate by the Board in Matte) of The Crawford Steel Foundry Company, 58 N. L It. B. 428. However, there followed a description of the unit as it is set forth supra, which is identical with the unit described in the contract between the C. I. 0 and the Employer. It is to be noted that the latter described unit is not identical with that described in the cited case in that the unit found appropriate in that case, on the basis of a stipulation of the parties , included watchmen and part-time employees and did not refer to probationary employees . Notwithstanding this apparent inconsistency , we are persuaded that the unit described at the hearing and adopted supra is that which was intended and agreed to by all parties. 152 DECISIONS OF NATIONAL LABOR RELATIONS BOARD DIRECTION OF ELECTION As part of the investigation to ascertain representatives for the purposes of collective bargaining with The Crawford Steel Foundry Company, Bucyrus, 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 Eighth Region, acting in this matter as agent for the National Labor Relations Board, and subject to Article III, Sections 10 and 11, of National Labor Relations Board Rules and Regulations- Series 3, as amended, 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 employees who did not work during said pay-roll period because they were ill or on" vacation or temporarily laid off, and including,emp]oyees 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 Crawford Steel Foundry Company Union of Bucy- rus, Ohio, or by United Steelworkers of America, Local Union No. 3348, C. I. 0., for the purposes of collective bargaining, or by neither.