American Steel Foundries

In the Matter of AMERICAN STEEL FOUNDRIES , GRANITE CITY, ILLI- NOIS, PLANT and. INTERNATIONAL ASSOCIATION OF-MACHINISTS, DIs- TRICT No. 9 , In the Matter of AMERICAN STEEL FOUNDRIES, EAST ST. Louis, ILLI- NOIS, PLANT and INTERNATIONAL ASSOCIATION OF MACHINISTS, DIs- TRiCT No. 9 Cases Nos. R-5521 and R-5522 respectively.Decided July 5, 1943 Mr. Andrew J. Percival, of Chicago, Ill., Mr. Lloyd Farquher, of East St. Louis, Ill., and Mr. C. H. Welcher, of Granite City, Ill:; for the Company. ' Messrs. Larry Connors, John 111. Ryan, and A. W. Kinney, all of St. Louis, Mo., for the I. A. M. Messrs. Clyde Huffstutler and, Walter Love, both of Granite City, Ill., for the C. I. O. Mr. David V. Easton, of counsel to the Board. DECISION AND DIRECTION OF ELECTIONS STATEMENT OF THE CASE On amended petitions duly filed by International Association of Machinists, District No. 9,1 herein called the I. A. M., alleging that questions affecting commerce' had arisen concerning the-represeritation of employees of American Steel Foundries, Granite City and East St. Louis, Illinois, plants, herein collectively and individually called the Company, the National Labor Relations Board consolidated the petitions herein and provided for an appropriate hearing upon due notice before Ryburn L. Hackler, Trial Examiner. Said hearing was held at St. Louis, Missouri, on June 8 and 9, 1943. The Company, the I. A. M., and United Steelworkers of America, CIO, Locals 1063 and 1038, herein collectively and individually called the CIO, ap- peared, participated, and were afforded full opportunity to be heard, 1 Upon motion granted at the bearing "A. F. L." was deleted from the name of the peti- tioner inasmuch as it severed connections with the American Federation of Labor as of June 1, 1943. 51 N. L. R. B., No. 20. 78 AMERICAN STEEL FOUNDRIES 79 to examine and cross-examine witnesses, and to introduce evidence bearing on the issues. The Trial Examiner's rulings 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 1. THE BUSINESS OF THE COMPANY American Steel Foundries, a New Jersey corporation, is engaged in the manufacture of steel castings. For this purpose it operates nin plants,in variyus.par^ts,of the United States. We are concerned herein with the Company's plants at Granite City and East St. Louis, Illinois. During the calendar year 1942, the Company purchased raw materials for its Granite City and East St. Louis plants valued in excess of $100,000, of which approximately 75 percent was shipped to the plants from points outside the State of Illinois. During the same period the Company sold finished products from these plants valued in excess of $100,000, of which approximately 95 percent was sold or transported to points outside the State of Illinois. The entire production of the plants involved herein is under contract to the United,, tates Army and Navy. The Company admits that it is en- gaged in commerce within the meaning of the National Labor Re- lations Act. II. THE ORGANIZATIONS INVOLVED International Association of Machinists, District No. 9, is a labor organization admitting to membership employees of the Company. Locals 1063 and 1038, United Steelworkers of America, are labor organizations tfliated with the Congress of Industrial Organizations, admitting to membership employees of the Company. III. THE QUESTIONS CONCERNING REPRESENTATION On or about 1`lovember 25, 1942, the I. A. Al. requested recognition from the Company as the exclusive bargaining agent of certain of its employees at the East St. Louis and Granite City plants. On or about January 15, 1943, the CIO also sent the Company a letter indi- cating its desire to represent the above-mentioned employees for the purposes of collective bargaining. Thereafter a series of joint confer- ences was held by the Company, the I. A. M. and the CIO, between January 22 and February 24, 1943. No decision being reached at these conferences, the I. A. M. filed the petitions herein. Statements of the Regional Director, introduced into evidence at the hearing, indicate that the I. A. M. and the CIO, each represents 80 DECISIONS OF NATIONAL LABOR RELATIONS BOARD a substantial number of employees in the units claimed by the J. A.i M. to be appropriate.'- We find that questions affecting commerce have 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. IV. THE APPROPRIATE UNIT ; THE DETERMINATION OF REPRESENTATIVES The I. A. M. seeks to represent in two separate units employees of the Company engaged at its East St. Louis and Granite City plants in the following classifications : machinists A, B, and C, machinists helpers, machinists apprentices, pneumatic tool repairmen A, B, and C, pneumatic tool repairmen helpers, automobile mechanics A, B, and C, maintenance mechanics A, B, and C, maintenance mechanics help- ers, millwrights A, B, and C, millwrights helpers, flask fitters, oilers, and the maintenance welders at the Granite City plant, but excluding all full-time supervisors, foremen,, and all other employees working in the two plants.3 The CIO, which now is the recognized collective bargaining representative of the production employees of the Com- pany at the two plants, seeks to include the above-mentioned em- ployees within the unit it already represents. The Company' takes no position with regard to the appropriate unit. Between 1937 and 1942, the Company had contracts with the CIO covering its employees on a "membership only" basis.' On August' 14, 1942, the Company executed a contract with the CIO which recog- nized the latter as the exclusive bargaining agent of all its employees, with certain exceptions, engaged at eight of its plants, including the East St. Louis Land' Granite City plants. Among those exceptions were ' the employees whom the I. A. M. now seeks to represent.. The Company also has had agreements with the I. A. M. dating back to 1940 in which the I. A. M. represented, on a "membership only" basis, employees of the Company at each of the two plants involved en- gaged in mechanical repair and maintenance work. I with regard to the Granite City plant, the Regional Director reported that the I. A. M. submitted 73 designations bearing apparently genuine or ,g'nal signatures , of which 71 con- tained the names of persons appearirg on the Company's pay roll of March 3, 1043. This pay roll contained the names of 102 persons within the alleged appropriate unit. He further reported that the CIO submitted 34 designation cards, containing names appearing upon the afore-mentioned pay roll. With regard to the East St Louis plant , tha Regional Director reported that the I A. M. submitted 60 designation cards of which 58 bore apparently genuine original signatures; that 52 of those signatures which were apparently genuine and original were the names of persons appearing rpon the Company's pay roll of March 5, 1943. This pay roll con- tained the names of 8i persons within the alleged appopriate unit. He further reported ibit the CIO submitted 16 designation cards containing names appearing upon the above- mentioned pav roll. a These class .fi2ations include, roughly, those employees engaged in mechanical repair and. maintenance work at the two plants. AMERICAN STEEL FOUNDRIES 81 These employees, in the main, are under the supervision of a master mechanic at each of the plants involved, most of them having served apprenticeships in production departments before being promoted to maintenance work. The record discloses that in the case of any re- duction in the maintenance department, the Company endeavors to return these employees to the departments from which they had been promoted rather than to discharge them. As indicated above, each labor organization has substantial representation among them. In 'view of the foregoing, and in the absence of any question con- cerning representation with regard to the production employees now represented by the CIO, we are of the opinion and find that these groups which the I. A. M. seeks to represent may properly constitute either separate and distinct appropriate units or part of the larger group already represented for the purposes of collective bargaining by the CIO, if they should so desire. We shall, therefore, direct that elections be held only among the employees of the Company in the groups hereinafter designated, with respect to which questions concerning representation have arisen. If the employees in either of these voting groups select the CIO, they will have thereby indicated their desire to be included in the unit with the production employees and shall constitute part of such unit. If, however, the employees of either or both of these groups choose the I. A. M. as their bargaining representative they shall constitute a separate unit or units. We shall, accordingly, direct that the questions concerning repre- sentation which have arisen be resolved by elections by secret ballots among the employees in the groups described below, who were em- ployed during the pay-roll period immediately preceding the date of the Direction of Elections herein, subject to the limitations and additions set forth in the Direction. ' DIRECTION OF ELECTIONS By virtue of and pursuant to the power vested in the National Labor Relations Board by Section 9 (c) of the National Labor Re- Fations Act, and pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended, it is hereby DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with American Steel Foundries, Granite City, Illinois, Plant, and East St. Louis, Illinois, Plant, separate elections 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 Direc- 82 DECISIONS OF NATIONAL LABOR RELATIONS BOARD tor for the Fourteenth Region, acting in this matter as agent for the National Labor Relations Board, and subject to Article III, Section 10, of said Rules and Regulations, among the following groups of employees of the Company 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 em- ployees in the armed forces of the United States who present them- selves in person at the polls, but excluding those employees who have since quit or been discharged for cause: (1) all employees at the Granite City plant of the Company, en- gaged in . the following ,classifications-machinists Al B,:. and C, machinists helpers, machinists apprentices, pneumatic tool repair- men A, B, and C, pneumatic tool repairmen helpers, automobile me- chanics A, B, and C, maintenance mechanics A, B, and C, mainte- nance mechanics helpers, millwrights A, B, and C, millwrights help- ers, flask fitters, oilers, and maintenance welders, but excluding all supervisory employees with authority to hire, promote, discharge, discipline or otherwise effect changes in the status of employees or effectively recommend such action, and all other employees in the plant, to determine whether they desire to be represented by Inter- national Association of Machinists, District No. 9, or by United Steelworkers of America, Local No. 1063, affiliated with the Congress of Industrial Organizations, for the purposes of collective bargain- ing, or by neither; (2), all employees at the East St. Louis, plant, of the Company, engaged in the following classifications-machinists A, B, and C, machinists helpers, machinists apprentices, pneumatic tool repair- men A, B, and C, pneumatic tool repairmen helpers, automobile me- chanics A, B, and C, maintenance mechanics A, B, and C, mainte- nance mechanics helpers, millwrights A, B, and C, millwrights help- ers, flask fitters and oilers, but excluding all supervisory employees with authority to hire, promote, discharge, discipline or otherwise effect changes in the status of employees or effectively recommend such action, and all other employees in the plant, to determine whether they desire to be represented by International Association of Machinists, District No. 9, or by United Steelworkers of America, Local No. 1038y affiliated with the Congress of Industrial Organiza- tions, for the purposes of collective bargaining, or by neither.