Eastern Casting Corp.

In the Matter of EASTERN CASTING CORPORATION, EMPLOYER and IN- TERNATIONAL MOLDERS & FOUNDRY WORKERS OF NORTH AMERICA, AFL, PETITIONER Case No. 2-RC-30.-Decided February 9, 1948 Mr. J. Bernard Nipponich,, of New York City, for the Employer. Mr. Alfred L. Cook, of New York City, for the Petitioner. DECISION AND DIRECTION OF ELECTION Upon a petition duly filed , hearing in this case was held at New York City, on November 26, 1947, before Herbert C. Kane, hearing officer. The hearing officer's rulings made at the hearing are free from prejudi- cial error and are hereby affirmed. Upon the entire record in the case, the National Labor Relations Board', makes the following: FINDINGS OF FACT I. THE BUSINESS OF THE EMPLOYER Eastern Casting Corporation,2 a New York corporation, is engaged in the production of aluminum and bronze castings at its plants in New York City and Newburgh, New York. We are here concerned only with the Newburgh plant. During the year preceding the hear- ing, the Employer purchased for use in its manufacturing operations raw materials worth over $250,000, of which 75 percent represented shipments from points outside the State of New York. During the same period, the Employer sold finished products worth over $500,000, of which approximately 35 percent represented shipments to points outside the State. I 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 -man panel con- sisting of the undersigned Board Members [ Houston , Murdock, and Gray]. - 2 The name of the Employer appears above as amended at the hearing. - - 76 N. L. R. B.,'No. 5. -39 40 DECISIONS OF NATIONAL LABOR RELATIONS BOARD The Employer admits and we find that it is engaged in commerce within the meaning of the Act. H. THE ORGANIZATION INVOLVED The Petitioner is a labor organization claiming to represent em- ployees of the Employer.3 III. TIIE QUESTION CONCERNING REPRESENTATION The Employer refuses to recognize the Petitioner as the exclusive bargaining representative of certain of its employees until the Peti- tioner has been certified by the Board in an appropriate unit. Al- though the Employer and the Association entered into contractual relationship with respect to these employees on November 12, 1946, that contract was for a 1-year period and expired on November 12,1947. 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. IV. THE APPROPRIATE UNIT The parties are agreed generally that all employees of the Com- pany, excluding clerks, truck drivers, watchmen, machinists, pro- fessional and technical employees, executives and supervisors, con- stitute an appropriate unit. The Employer, however, defers to the Board's determination the Petitioner's requested inclusion of a car- penter's helper, electrician's helper, and plumber's helper. The Employer has no regular maintenance crew as such. It relies upon the carpenter's helper, electrician's helper, and plumber's helper for its ordinary maintenance requirements and engages independent contractors in their absence or in the event of extraordinary need. In addition to their repair duties, these helpers are required to act as laborers during slack periods. The record also discloses that these employees were included in the contract unit represented by the As- sociation, which unit is virtually identical with the one sought herein. Under these circumstances, we are of the opinion that these helpers have similar interests to those of the other employees in the requested unit. We shall therefore include them. We find, in substantial accord with the parties and with our above determination, that all employees at the Newburgh plant of the Em- 3 Eastern Casting Employees ' Association, Inc, hereinafter called the Association, was served with a copy of the Notice of Hearing in the instant case but failed to appear. 4 The Employer does not claim that the contract is a bar to this proceeding. EASTERN CASTING CORPORATION 41 ployer, including the carpenter's helper, electrician's helper, and plumber's helper, but excluding clerks, truck drivers, watchmen, ma- chinists, professional and technical employees, executives and super- visors, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act. DIRECTION OF ELECTION As part of the investigation to ascertain representatives for the purposes of collective bargaining with Eastern Casting Corporation, Newburgh, 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, and subject to Sections 203.61 and 203.62, of National Labor Relations Board Rules and Regulations- Series 5, among the employees in the unit found appropriate in Sec- tion IV, above, who were employed during the pay-roll period im- mediately 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 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, and employees on strike who are not entitled to reinstatement, to determine whether or not they desire to be represented by International Molders & Foundry Workers of North America, AFL, for the purposes of col- lective bargaining.