Century Engineering Corp.

In the Matter of CENTURY ORDNANCE DIVISION OF CENTURY ENGINEER- ING CORPORATION and UNIrmD FARM EQUIPMENT AND METAL WORK- ERS OF AMERICA, C. I. O. Case No. R-56-12.-Decided July 17, 19.413 Sargent, Spangler cC Hines, by Mr. Donald T. Hines, of Cedar Rapids, Iowa, for the Company. Meyers and Meyers, by Mr. Ben Meyers, of Chicago, Ill., for the C. 1. 0. Mr. Leonard Mattson, of Kenosha, Wis., and Mr. George Samuelson, of Cedar Rapids, Iowa, for the I. A. M. Mr. Joseph E. Gubbins, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition 'duly filed by United Farm Equipment and Metal Workers of America, affiliated with the C. I. 0., herein called the C. I. 0., alleging that a question affecting commerce had arisen con- cerning the representation of employees of Century Engineering Corporation, Cedar Rapids, Iowa, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Clarence A. Meter, Trial Examiner. Said hearing was held at Cedar Rapids, Iowa, on July 1, 1943. The Com- pany, the C. I. 0., and International Association of Machinists, Local No. 831, unaffiliated, herein called the I. A. M., appeared,' participated, and were afforded full opportunity to be heard, to ex- amine and cross-examine witnesses, and to introduce evidence bearing upon the issues. During the hearing the I. A. M. moved to dismiss the petition. The motion was referred to the Board for final dis- position. For reasons appearing hereinafter, the motion is denied. The Trial Examiner's rulings made at the hearing are free from prej- ' International Brotherhood of Electrical Workers, A. F of L., although served with notice of the hearing, did not appear. 51 N. L. R. B., No. 82. 412 CENTURY ORDNANCE DIVISION OF CENTURY ENGINEERING CORP. 413 udicial 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 Century Engineering Corporation, an Iowa corporation, with its principal office and plant at Cedar Rapids, Iowa, is engaged in the manufacture and sale of bomb fuses and domestic heating units. During the year ending July 1, 1943, the Company purchased raw materials valued in excess of $800,000, approximately 99 percent of which was shipped to the Cedar Rapids plant from points outside the State of Iowa. During the same period, the finished products of the aforesaid plant amounted in value to approximately $3,000,000, of which approximately 98 percent was shipped to points outside the State of Iowa. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATIONS INVOLVED United Farm Equipment and Metal Workers of America, affiliated with the Congress of Industrial Organizations, and International Association of Machinists, Local No. 831, unaffiliated, are labor or- ganizations admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The parties stipulated that the C. I. O. on May 26, 1943, notified the Company by letter that it represented a majority of the Company's employees and requested recognition as exclusive bargaining agent. The Company declined to recognize the C. I. O. asserting that it was bound by existing agreements with the I. A. M. The record discloses that the Company operates its business under two divisions designated as the Century Ordnance Division and the Heating Division. There are in existence contracts ' between the I. A. M. and the Company covering each of these Divisions, respec- tively. The contract covering,the Century Ordnance Division employ- ees was executed on July 28, 1942, and provides that it shall remain in effect for 1 year and automatically renew itself thereafter unless one of the parties gives 30 days' written notice to the other of a desire to terminate it; no such notice has as yet been given. The contract cov- ering the Heating Division employees was entered into on June 12, 1941, with provision for its expiration on December 31, 1942. It like- wise contains a 30-day automatic renewal clause, and no notice of 414 DECISIONS OF NATIONAL LABOR RELATIONS BOARD termination having been given prior to the running of the 30-day period, the parties consider the contract to be effective until Decem- ber 31, 1943. The I. A. M. contends that the existing contracts are a bar to a present determination of representatives and moves for the dismissal of'theipetition. -Since the Company was apprised of the C. I. O.'s claim in regard to the employees of the Century Ordnance Division prior to the 30 days' notice period, we find that the contract covering these employees is not a bar to a present determination of representatives.z We find, however, that since the C. I. O. did not notify the Company of its claim to representation in regard to the Heating Division em- ployees until approximately 6 months after the contract covering this Division had been validly renewed, and since such notice is premature as regards the next notice period, the I. A. M. contract covering these employees constitutes a bar to a determination of representatives in that Division at this time. A new petition with respect to the Heating Division, employees thus, may -be filed at a reasonable time prior to November 30, 1943, when notice under the contract is due. A statement prepared by the Acting Regional Director, introduced in evidence, indicates that the unions represent a substantial number of employees in the unit hereinafter found to be appropriate.3 We find that a question affecting commerce has 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 C. I. O. contends, in general, that all production and mainte- nance employees of -both Divisions of the Company, excluding office and clerical employees, draftsmen, technical engineers, armed guards, and office employees, constitute an appropriate unit. The Company and the I. A. M. do not oppose the classification of employees proposed by the C. I. 0., their position being confined to the contention that the employees in the Heating Division should not be included in the unit requested by the C. I. O. ' m Matter of Mill B, Ino, 40 N. L R. B. 346. The Acting Regional Director's statement ,. supplemented by a statement of the Trial Examiner , shows that the C. I. 0. submitted 222 authorization cards, all of which bear apparently genuine signatures , and 150 of which bear names of persons whose names are listed on the Company's Ordnance Division pay roll of June 5, 1943 ; there are 388 employees in the appropriate unit. The cards were dated as follows : 19 in October 1942 ; 10 in May 1943; 10 in June 1943, and 183 undated. The I. A M submitted 296 application cards, all of which bear apparently genuine signatures, and 266 of which bear names of persons whose names are listed on the Company's pay roll of June 16, 1943 ; this pay roll contains the names of 390 employees. The cards were dated as follows : 4 in 1939; 1 in 1940; 19 in 1941; 27 rbetween January and July, 1942; 142 between July 1942 and January 1943; 94 between January and July 1943 ';' and 9 undated. CENTURY ORDNANCE DIVISION OF CE\TU'RT ENGINEERING CORP. 415 For the reasons set forth in Section III, above, we shall exclude the employees of the Heating Division from the unit hereinafter found appropriate. As indicated above, the parties agreed upon the classification of employees that should comprise the unit, in the event the Board found that the appropriate unit should be confined to the employees in the Century Ordnance Division. In substantial accordance with that agreement 4 we find that all production and maintenances employees of.the Company in its Century Ordnance Division, excluding super- visory 6 employees with authority to hire, promote, discharge, dis- cipline, or otherwise effect changes in the status. of employees, or effec- tively recommend such action, office and clerical employees, drafts- men, technical engineers, armecl,guards, and office janitors, 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 There is pending before the Board a proceeding against the Com- pany upon charges alleging unfair labor practices, including, among other things, the alleged discriminatory discharge of six employees. The C. I. 0., however, desires an early election and has formally waived the right to protest an election in this case on any grounds set, forth in that proceeding. -, Accordingly,. we shall,not..postpone the election pending a determination of the unfair labor practice charges. In the event that the Company is hereafter found to have engaged in unfair labor practices in discharging the six employees in question and the Board orders their reinstatement, their continuing employee status will have been established. We shall therefore, in accordance with our usual practice in this respect, permit the six employees to cast their ballots in the election. However, their ballots shall be im- pounded and we shall defer 'rulings as to their validity, pending disposition of the unfair labor practice charges. We shall direct that the question concerning representation "which has arisen be resolved by an election by secret ballot,=among,the}em ployees in the appropriate unit who were employed during the pay- roll period immediately preceding the date of our Direction of Elec- tion herein, subject to the limitations and additions set forth in said Direction. * Thus is substantially the same unit as covered by the contract. 5 The parties stipulated that the category of "production and maintenance " employees includes production department clean-up men and elevator operators. 9 The parties stipulated that the term "supervisory" should include foremen , assistant foremen and time-study employees. Case No"y18-C--9.56 416 DECISIONS OF NATLO^NAL LABOR RERATIONS BOARD DIRECTION OF ELECTION By virtue of and pursuant to the power vested in the National Labor Relations Board by Section 9 (c) of the National Labor- Relations Act, and pursuant to Article III, Section 9, of National Labor Rela- tions 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 Century Ordnance Division of Century Engineering Corporation, Cedar Rapids, Iowa, 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 Eighteenth. 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 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 the six persons alleged to have been discriminatorily discharged, 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 any who have since quit or been discharged for cause, to determine whether they_desire to be represented by United Farm Equipment and-Metal Workers of America, affiliated with the C. I. 0., or by International Association of Machinists, Local No. 831, unaffiliated, for the purposes of collective bargaining, or by neither.