The Schaible Co.

2 DECISIONS OF NATIONAL LABOR RELATIONS BOARD THE SCHAIBLE COMPANY and INTERNATIONAL MOLDERS & FOUNDRY WORKERS UNION OF NORTH AMERICA, LOCAL NO. 4, AFL, Petitioner and INDEPENDENT UNION OF SCHAIBLE EMPLOYEES. Case No. 9-RC- 2085. March 22, 1954 SUPPLEMENTAL DECISION, ORDER, AND DIRECTION OF ELECTION On December 11, 1953, the Board issued a Decision and Order in this proceeding,' finding inappropriate for severance purposes a unit of foundry employees sought by the Petitioner. On December 22, 1953, the Petitioner filed a motion for re- consideration and a request for oral argument.' The other parties have filed no response to this motion and request. In its recent decision in American Potash & Chemical Cor- poration's the Board determined, among other things, that -a unit may be appropriate for severance purposes, despite a bargaining history on a more comprehensive basis, if the em- ployees sought to be represented constitute (1) a functionally distinct and separate departmental group, and (2) the Petitioner seeking such unit is a union which has traditionally devoted itself to serving the special interest of the employees in question. Reconsidering the Board ' s" decision in the light of the cri- teria enunciated in the American Potash case, we make the following supplemental findings. The Employer's operations are carried on at 3 separate locations in Cincinnati, Ohio. The Cook Street operation, which is within 10 miles of the other 2 operations, constitutes the Employer's foundry. Although there is some employee inter- change between the foundry and the other operations, it is clear that the foundry is a functionally distinct and separate depart- ment containing employees identified with traditional trades or occupations distinct from that of other employees and who have common special interest in collective bargaining for that rea- son. Moreover, the Petitioner herein is a union which has traditionally devoted itself to serving the special interest of the employees in question. Under the circumstances, we find that the foundry employees may constitute a separate appro- priate unit, if the employees so desire, despite the history of bargaining on a broader basis. The following named employees may constitute a separate appropriate unit if they so desire: All foundry employees of the Employer at its Cook Street foundry including the employees employed in the foundry core iNot reported in printed volumes of Board Decisions and Orders 2As the record, briefs, and [notion for reconsideration, in our opinion, adequately set forth the issues and positions of the parties, the request for oral agrument is denied. 3107 NLRB 1418. 108 NLRB No. 4. THE COOLIDGE CORPORATION 3 room, foundry melting room, foundry molding , foundry cleaning and grinding , and foundry patternmaking , foundry laborers and all foundry maintenance men, but excluding all other employees, including office and clerical employees , professional em- ployees, guards , and supervisors as defined in the Act. If a majority vote for the Petitioner they will be taken to have indicated their desire to constitute a separate appro- priate unit , and the Regional Director conducting the election directed herein is instructed to issue a certification of repre- sentatives to the Petitioner for the unit described, which the Board, under such circumstances , finds to be appropriate for purposes of collective bargaining . In the event a majority vote for the Intervenor , the Board finds that this voting group may continue to be bargained for as part of the existing unit and the Regional Director will issue a certification of results of elec- tion to such effect. [The Board set aside the Decision and Order of December 11, 1953, to the extent that it dismisses the petition herein.] [Text of Direction of Election omitted from publication.] Members Peterson and Beeson took no part inthe considera- tion of the above Supplemental Decision , Order, and Direction of Election. THE COOLIDGE CORPORATION and INTERNATIONAL UNION, UNITED AUTOMOBILE, AIRCRAFT, AND AGRI- CULTURAL IMPLEMENT WORKERS OF AMERICA, CIO, Petitioner. Case No. 9-RC-2002. March 23, 1954 SUPPLEMENTAL DECISION AND CERTIFICATION OF REPRESENTATIVE Pursuant to a Decision and Direction of Election,' an elec- tion by secret ballot was conducted under the direction and supervision of the Regional Director for the Ninth Region among the employees in the unit found appropriate by the Board. Upon conclusion of the election a tally of ballots was furnished the parties , showing that of approximately 100 eli- gible voters, 96 cast ballots , of which 44 were for the Peti- tioner, 48 were for the Intervenor ,' 1 was against partic- ipating labor organizations, and 3 were challenged. On September 14, 1953, the Petitioner filed its objections to election . In accordance with the Rules and Regulations of the Board, the Regional Director conducted an investigation and, ,Not reported in printed volumes of Board Decisions and Orders. 2Coolidge Corporation Independent Union. 108 NLRB No. 1.