Gunite Foundries Corp.

In the Matter of GuNITE FOUNDRIES CORPORATION and INTERNATIONAL UNION OF MINE, MILL & SMELTER WORKERS OF AMERICA , CASTING DIVISION , C. 1. 0. Case No. 13-R-.134.-Decided December 29, 19.15 Mr. Edward J. Fahy, of Rockford, Ill., for the Company. Messrs. A. C. Skinner and Hugh Crooks, of Chicago, Ill., Messrs. Francis Goebel and Harrison Young, of Rockford, Ill., for the CIO. Mr. Herbert C. Kane, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF TAE CASE Upon a petition duly filed by International Union of Mine, Mill & Smelter Workers of America, Casting Division, C. I. 0., herein called the CIO, alleging that a question affecting commerce had arisen concerning the representation of employees of Gunite Foundries Corporation, Rockford, Illinois, herein called the Com- pany, the National Labor Relations Board provided for an appro- priate hearing upon due notice before John R. Hill, Trial Examiner. Said hearing was held at Rockford, Illinois, on August 7, 1945. The Company and the CIO appeared and participated. All parties were afforded full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues. At the hearing the Company moved to dismiss the petition on the grounds that (1) no question concerning representation exists since petitioner did not request recognition from the Company before the filing of the petition herein, and (2) a prior election 'held less than a year ago in the alleged appropriate unit constitutes a bar to a present determination of representatives. The Trial Examiner' reserved ruling on these motions for the Board. For the reasons hereinafter set forth, the motions are denied. The Trial Examiner's rulings made at the hearing are free from prejudicial error and are hereby affirmed. All parties were afforded an opportunity to file briefs with the Board. Upon the entire record in the case, the Board makes the following: U:5 N I. It Y , Nu 10 43 44 DECISIONS OF NATIONAL LABOR RELATIONS BOARD FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Gunite Foundries Corporation, an Illinois corporation having its principal office and place of business in Rockford, Illinois, is engaged in the manufacture of Gunite malleable and steel castings. The prin- cipal raw materials used by the Company are pig iron, scrap, coke, and coal. During the period from January 1 to June 30, 1945, the Company purchased raw materials of a value in excess of $100,000, 60 percent of which represented shipments from points outside the State of Illinois. During the same period, the Company produced Gunite malleable and steel castings of a value in excess of $100,000, 70 percent of which represented shipments to points outside the State of Illinois. - The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. H. THE ORGANIZATION INVOLVED International Union of Mine, Mill & Smelter Workers of America, Casting Division, affiliated with the Congress of Industrial Organiza- tions, is a labor organization admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION As stated above, the Company, in its motion to dismiss the petitions, takes the position that no question concerning representation exists in view of the fact that no demand was made upon the Company for recognition before the filing of the petition herein. Inasmuch as it became clear at the hearing that the CIO demands recognition and the Company refuses to accord it, it is immaterial whether or not the question actually arose before the hearing. The Company moved to dismiss the petition on the further ground that an inconclusive election held in the alleged appropriate unit less than a year before the (late of the hearing," constitutes a bar to an election. The issue raised by the motion has, however, become moot in that approximately a year has now elapsed since the last election. In view of the foregoing, and because the Union has presented evidence of a substantial interest among the employees in the unit petitioned See Matter of Houston Blow Pipe and Sheet Metal Works , 53 N L R B 184 ' On January 12, 1945, pursuant to a Stipulation for Certification Upon Consent Elec- tion in Matter of Gunite Foundries Corporation, 13-R-2783 , an election was conducted which resulted in the dismissal of the petition because the CIO, the only union on the ballot, failed to secure a majority of the votes cast. GUNITE FOUNDRIES CORPORATION 45 for,3 and because the great majority of its cards are dated subsequent tt the last election, we believe that the purposes of the Act would best be effectuated by directing an election on the present petition. 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 ((i) and (7) of the Act. IV. TilE APPROPRIATE UNIT The parties agree that a unit of all production and maintenance employees of the Company, including those employed in the cate- gories or departments set forth in Schedule A, but excluding office clerical employees in the main office, engineers, draftsmen, the nurse, assistant foremen, foremen, production manager, superintendent, time-study men, the research metallurgist, and supervisors would be appropriate. They disagree, however, on the question of inclusion in, or exclusion from, the unit of guards, production clerks, shipping clerks, timekeepers, and the station wagon driver, all of wholil the Company would include and the Union exclude. These disputed categories are hereinafter discussed: Guards: The Company eniploys five guards. They are all armed and uniformed; one of the guards is deputized. The guards are sta- tioned at the front and rear gates of the plant where they check the identification of employees and visitors entering or leaving the plant, and apparently see to it that the Company's rules and regulations are enforced. Because it appears that the guards have monitorial duties in relation to other employees, we shall, in accordance with our usual. practice, exclude them from the unit., Production cierlus: The Canipally employs two men and three women in this category. These employees are hourly paid as are the production and mailitenauce employees. They work in the office of a production foreman in the foundry building and are under his super- vision. They keep records on production in the foundry, keep track of copy work, and make out production sheets. While the female The Field Examiner reported that the CEO submitted 351 application for membership cards that the names of 281 persons appearing on the cards were listed on the Company's pay roll of June 15, 1945, which contained the names of 715 employees in the alleged appropriate unit, and that of the cards, 1 was dated in January 1945, 20 in February 1945, 72 in Mauch 1945, 43 in April 1945, 61 in Ala% 1945, 39 in June 1945, and that 55 were undated 4 See Matter of Kelsey-Hayes Wheel Company, 62 N L R B 421 The Company also employs it watchman whom the parties agree to include in the unit He, too, is armed and uniformed However, lie has no monitorial function and his duties differ from those of the guards in that he works at night only, when the plant is not in operation , and spends his time making the rounds , punching clocks at the sta- tions in the plants, and, in general, performing the duties usually associated with an emplo\ ee in this capacity In accordance with the agicement of the parties, we shall include the watchman in the unit. 46 DECISIONS OF NATIONAL LABOR RELATIONS BOARD ,employees spend all their time in the office, the male clerks frequently go out in the foundry to obtain from foremen data pertinent to then work, and to check on the progress of certain work orders. These employees have no contact with the office clerical employees, since they are located in an office apart from such employees but do work in close proximity to the production process. Because the production clerks form an essential part of the production process, and inasmuch as they are supervised by a production foreman, we are persuaded that they are factory clericals whom we usually include in a unit of pro- duction and maintenance employees in the absence of agreement , among the parties to exclude them. We shall, therefore, include the production clerks in the unit: Shipping clerks: These employees work in the shipping depart- ment along with the sackers, truck drivers, and inspectors, all of whom the parties agree to include. Like these other employees, the ship- ping clerks are under the supervision of the foreman of the shipping department. They are hourly paid and do exclusively clerical work in this department. We are of the opinion that these employees, who are in daily contact with the production and maintenance employees, and are supervised by a production foreman, have interests more closely allied with those of the production and maintenance employees than with those of the office clerical employees. We shall, therefore, include them in the unit.; Timekeepers: These employees are hourly paid and are under the supervision of the Cost Accountant. They are stationed in the offices of the various foremen, where they tabulate the time cards of the pro- duction and maintenance employees. They obtain from the time cards various data relating to the work performed and they compute the earnings of these employees in accordance with established rates. We have heretofore held that the duties and interests of timekeepers, such as those here involved, are sufficiently distinct from those of pro- duction and maintenance employees to warrant their exclusion from a unit of production and maintenance employees. We shall, in ac- cordance with our usual practice, exclude timekeepers from the unit.7 Station Wagon Driver: This employee is hourly paid and is under the supervision of the Assistant Purchasing Agent. Her duties are to pick up mail and supplies and, in emergencies, to take injured or sick employees to the doctor. She is a licensed chauffeur and her driv- ing is confined to a radius of 20 miles of the city of Rockford. She is under the same supervision as the storeroom clerk and the senior store- room clerk, whom the parties agree tai include. There was uncon- 5 Matter of Rockford Screw Products Co , 62 N 7: R B' 1430. Matter of Goodman Manufacturing company, 58 N L R B 531. 7 Matter of lies cules Motors Corporatson, 64 N L. R B 210. GUNITE FOUNDRIES CORPORATION 47 troverted testimony that the employee in this category was eligible to vote in the last election. In view of the foregoing and the fact that the parties are in agreement as to the inclusion of the other drivers of the Company, we shall include the station wagon driver in the unit. We find, in accordance with the agreement of the parties and our foregoing determinations, that all production and maintenance em- ployees of the Company, including production clerks, shipping clerk, the station wagon driver, and those employed in the categories or de- partments set forth in Schedule A, but excluding office and clerical employees in the main office, engineers, draftsmen, the nurse, time- study men, the research metallurgist, guards, timekeepers, assistant foremen, foremen, the production manager, the superintendent, and all or any other supervisory employees with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of em- ployees, or effectively recommend such action, constitute a unit appro- priate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act. V. THE DETERMINATION OF REPRESENTATIVES The Company requests that if an election is directed , we permit the use of mail ballots by employees in the armed forces. The circum- stances in this case are not substantially or materially different from those present in the South Vest Pennsylvania Pipe Lines case.8 We shall, therefore , as in that case, provide for mail balloting of employees on- military leave. We shall direct that the question concerning representation be re- solved by an election by secret ballot among the employees in the appropriate unit who were employed during the pay-roll period imme- diately preceding the date of the election herein, subject to the limita- tions and additions set forth in the Direction. In this case, the Regional Director is authorized to mail ballots to employees within the appropriate unit on military leave, provided one or more of the parties hereto , within seven (7) days from the issuance of the Direc- tion of Election, files with the Regional Director a list containing the names, most recent addresses , and work classifications of such employees. The Regional Director shall open and count the ballots cast by mail by employees on military leave, provided that such ballots must be returned to and received at the Regional Office within thirty (30) days from the date they are mailed to the employees by the Regional Director.' 8 64 N L. R . B , 1384. A free interchange between the interested parties of information on the addresses and work categories of the employees to be voted by mail will be necessary in order to avoid challenges and post-election objections Accordingly, the Board will make available to all 679100-46-vol. 65-5 48 DECISIONS OF NATIONAL LABOR RELATIONS 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 3, as amended, it is hereby DIRECTED that, as part of the investigation to ascertain represent- atives for the purposes of collective bargaining with Gunite Foundries Corporation, Rockford, Illinois, an election by secret ballot shall be conducted as early as possible, but not later than sixty (60) days from the date of this Direction, under the direction and supervision of the Regional Director for the Thirteenth Region, acting in this matter as agent for the National Labor Relations Board, and subject to Article III, Sections 10 and 11, of said Rules and Regulations, among em- ployees in the unit found appropriate 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, but excluding those employees who have since quit or been dis- charged for cause and have not been rehired or reinstated prior to the date of the election, to determine whether or not they desire-to be represented by International Union of Mine, Mill & Smelter Workers of America, Casting Division, affiliated with the Congress of Industrial Organizations, for the purposes of collective bargaining. SCHEDULE A Sleeve Molders Gunite Molders Conveyor Molders Malleable Molders Steel Molders Foundry Labor Steel Foundry Labor Conveyor Foundry Labor Sleeve Core Coremakers, Male Coremakers, Female Core Labor, Male Core Labor, Female Cleaning Heat Treating Welder Cutting Gunite Inspection Malleable Inspection Steel Inspection Gunite Grinders Malleable Grinders Steel Grinders interested parties any information of this nature furnished it by any other party In the event that the parties should send the absentee voters any information or literature bearing directly or indirectly on the pending election , copies of all such documents should be simultaneously filed with the Regional Office for inspection by or transmittal to the other parties However, acceptance or transmittal of such literature by the Board's office is not to be construed as conferring immunity on the filing party in the event that objec- tions are later interposed concerning its content. The usual principles will apply. GUNITE FOUNDRIES Pressmen Gunite Finishing Malleable Finishing Steel Finishing Shipping : Sackers Inspectors Truck Drivers Machine Shop Pattern Shop Repair and Elec. Pattern Vault Carpenters Yard Gunite Charge Up Malleable Charge Up Steel Charge Up CORPORATION 49 Laboratory : Test Bar Lathe Opera- tors Physical Tester Apprentice Chemist Chemist Janitors Watchmen Power House Weight Clerks Janitress Canteen Operator Storeroom Clerk Senior Storeroom Clerk Gunite Melting Malleable Melting Steel Melting