Flynn and Emrich Co. of Baltimore City

In the Matter of FLYNN A ND E_IIRICFI COMPANY or BALTIMORE CITY and UNITED CONSTRUCTION WORKERS, AFFILIATED WITH UNITED MINE WORKERS OF AMERICA Case No. S-R-2062.-Decided January 4, 1946 Messrs. F. Fulton Bramble and James F. Turner, of Baltimore, Md., for the Company. Messrs. Robei,t Frye and F. TV. Matthews, of Baltimore, Md., for the Union. Mr. Philip Licari, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon an amended petition duly filed by United Construction Work- ers, affiliated with United Mine Workers of America, herein called the Union , alleging that a question affecting commerce had arisen concerning the representation of employees of Flynn and Emrich Com- pany of Baltimore City, Baltimore , Maryland, herein called the Com- pany, the National Labor Relations Board provided for an appropri- ate hearing upon due notice before Sidney J. Barban, Trial Examiner. The hearing was held at Baltimore , Maryland , on September 28, 1945. The Company and the Union 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. 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: FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Flynn and Enrich Company of Baltimore City -is a Maryland cor- poration, with its principal place of business in Baltimore , Maryland. 65 N. L. R. B., No. 29. 155 156 DECISIONS OF NATIONAL LABOR RELATIONS BOARD The Company operates two plants in Baltimore City; one plant is classified as a foundry, and the other is a machine shop. The present proceeding is concerned solely with the Company's foundry. The Company purchased during 1944, raw materials, consisting principally of pig iron and sand, valued in excess of $100,000, 75 percent of which was shipped to its foundry in the City of Baltimore from points out- side the State of Maryland. During the same period, at its foundry the Company produced finished goods valued in excess of $200,000, of which approximately 50 percent was shipped to points outside the State of Maryland. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. H. THE ORGANIZATION INVOLVED United Construction Workers, affiliated with United Mine Workers of America, is a labor organization admitting to membership em- ployees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The Company has refused to grant recognition to the Union as the exclusive bargaining representative of the Company's employees until the Union has been certified by the Board in an appropriate unit. A statement of a Board agent, introduced into evidence at the hear- ing, indicates that the Union represents a substantial number of em- ployees in the unit hereinafter found appropriate.' 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 We find, in substantial accordance with the agreement of the parties, that all production and maintenance employees engaged at the Com- pany's foundry at Baltimore, Maryland, including watchmen,' but excluding clerical employees, foremen, and all other supervisory em- ployees with authority to hire, promote, discharge, discipline, or other- wise effect changes in the status of employees, or effectively recommend such action, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act. 1 The Field Examiner reported that the Union submitted 56 application- for-membership cards, of which 19 were dated between May and August 1945, and 35 were undated. There were 93 employees in the alleged appropriate unit. At the hearing, the Union submitted 15 additional cards to the Trial Examiner. 2 These employees are neither militarized nor deputized. FLYNN AND EMRICH COMPANY OF BALTIMORE CITY 157 V. THE DETERMINATION OF REPRESENTATIVES The Company urges that, because men in military service are being released in great numbers, the election hereinafter directed should be postponed for at least 90 days to give its employees in the armed forces an opportunity to vote, or, in the alternative, the Board should make some suitable arrangement so that such employees can participate in the election. There are presented in this case no problems of over- lapping bargaining units, contraction of wartime operations, or con- fficting reemployment rights of servicemen. We are of the opinion that the facts in this case do not differ substantially from those in the Matter of South West Pennsylvania Pipe Lines 3 Accordingly, we shall grant the Company's request, subject to the provisions herein- after mentioned. We will direct that the question concerning representation be re- solved by an election by secret ballot among employees in the appro- priate unit who were employed during the pay-roll period immediately preceding the date of the election herein, subject to the limitations and additions set forth in the Direction:' In this case, the Regional Direc- tor 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 Direction 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 re- turned to and received at the Regional Office within thirty (30) days from the date they are mailed- to the employees by the Regional Director.' 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, 8 64 N. L. R B. 1384 4 Although the Company contends that employees who have been in the employ of the Company less than 30 days at the time the election is held should not be permitted to vote, no showing was made that such employees do not enjoy a permanent status. Accordingly, we perceive no reason to deprive them of their voting privilege. B 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 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 simul- taneously 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 objections are later interposed concerning its content. The usual principles will apply. 6 158 DECISIONS OF NATIONAL LABOR RELATIONS BOARD and pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 3, as amended, it is hereby DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with Flynn and Eiurich Company of Baltimore City, Baltimore, Maryland, 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 Fifth 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 Regula- tions, among the employees 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 any who have since quit or been discharged 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 United Construction Workers, affiliated with United Mine Workers of America, for purposes of collective bargaining.