National Foundry of New York, Inc.

In the Matter of NATIONAL FOUNDRY OF NEW YORK, INC., EiIIPLOYER and ALLIED TRADES COUNCIL, AFL, PETITIONER Case No. 2-R-7297.-Decided March 31, 1947 Mr. Harold F. Levin, of New York City, for the Employer. Messrs. Harold L. Luxemburg and George Barasch, of New York City, for the Petitioner. Mr. Alfred L. Cook, of New York City, for the Molders. Mr. Lawrence P. Parker, of New York City, for the Independent. Mr. Henry 11/'. de Kozmian, of counsel to the Board. DECISION AND DIRECTION OF ELECTION Upon a petition duly filed , hearing in this case was held at New York City, on February 19, 1947, before James C. Paradise , hearing officer. The hearing officer's rulings made at the hearing are free from preju- dicial 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 National Foundry of New York, Inc., is a New York corporation operating a gray iron foundry in Brooklyn, New York. During the past year the Employer purchased raw materials valued in excess of $100,000, approximately 50 percent of which was shipped to the Em- ployer from points outside the State of New York. During the same period the Employer sold finished products valued in excess of $1,- 000,000, approximately 50 percent of which was shipped to points outside the State of New York. The Employer admits and we find that it is engaged in commerce within the meaning of the National Labor Relations Act. II. TILE ORGANIZATIONS INVOLVED The Petitioner is a labor organization affiliated with the American Federation of Labor, claiming to represent employees of the Employer. 73N L. R B, No 2. 16 - NATIONAL FOUNDRY OF NEW YORK, INC. 17 Local No. 96, International Molders and Foundry Workers of North America, herein called the Molders, is a labor organization affiliated with the American Federation of Labor, claiming to represent em- ployees of the Employer. National Foundry Workers Independent Union, herein called the Independent, is an unaffiliated labor organization, claiming to repre- sent employees of the Employer.' III. THE QUESTION CONCERNING 11EPRESENTATION The Employer refuses to recognize the Petitioner as the exclusive bargaining representative of employees of the Employer until the. Petitioner has been certified by the Board in an appropriate unit. We find no merit in the Employer's contention that the petition should be dismissed because of the jurisdictional dispute between the Petitioner and the Molders, both being affiliated with the American Federation of Labor. The Independent, an unaffiliated labor organi- zation, is a party to the case .2 Moreover, it appears from the record that the dispute in any case cannot be resolved without resort to the administrative procedures of the Act.' 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 In accordance with the stipulation of the parties, we find that all employees of the Employer's plant in Brooklyn, New York, excluding all clerical and salaried employees, executives, 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. v. THE DETERMINATION OF REPRESENTATIVES The Employer contends that the Board should not order an election at this time because employees of the Employer are on strike, the strike having been called by the Petitioner after it filed the petition. The Petitioner alleges that it called the strike in protest against favoritism 1 Despite the fact that the Independent has no constitution or bylaws, and has not yet per- fected its formal structuie, we find that it is a labor o'ganszation within the meaning of the Act inasmuch as it was established for the purpose of representing employees of the Eaiplover with respect to wages, horns, and other conditions of emplo3 mmnt See Matte, of ii'icaco Machine Corporation, 69 N L R B 741 2 See Matter of R G Le Tourneau, Inc, 67 N L R B 1166 1 See Matte, of The Champion Hardwai e Company, 62 N L R B. 434 18 DECISIONS OF NATIONAL LABOR RELATIONS BOARD displayed by the Employer to other labor organizations which were attempting to organize employees of the Employer. Yet no unfair labor practice charge has been filed by the Petitioner. The Petitioner has indicated, however, that it will terminate the strike if an election is held among employees of the Employer. In fact, the Petitioner offered to call off the strike if the Employer would agree to a consent election, but the Employer refused to enter into a consent election arrangement. Under these circumstances, we believe that an immedi- ate election resolving the question concerning representation which has arisen will effectuate the policies of the Act. Accordingly, we shall direct that an election by secret ballot be held among employees in the appropriate unit who were employed during the pay-roll period immediately preceding the date of our Direction of Election herein, including both employees on strike and their re- placements,' subject to the limitations and additions set forth in the Direction. DIRECTION OF ELECTION 5 As part of the investigation to ascertain representatives for the purposes of collective bargaining with National Foundry of New York, Inc., Brooklyn, New York, 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 Second Region, acting in this matter as agent for the National Labor Relations Board, and subject to Sec- tions 203.55 and 203.56, of National Labor Relations Board Rules and Regulations-Series 4, among the employees in the unit found ap- propriate 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 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 Allied Trades Council, AFL, by Local No. 96, International Molders and Foundry Workers of North America, AFL, or by National Foundry Workers Independent Union, for the purposes of collective bargaining, or by none of these labor organizations. MR. JAMES J. REYNOLDS, JR., took no part in the consideration of the above Decision and Direction of Election. See Matter of Lloyd Hollister, Inc„ 68 N. L It. B 733 5 Any participant in the election herein may , upon prompt request to and approval thereof by the Regional Director , have its name removed from the ballot.