Ampco Metal, Inc.

Iii the Matter of AMPCO METAL, INC. and PATTERN MAIclns LEAGUE OF NORTH AMERICA, MILWAUKEE ASSOCIATION (A F of L.) Case No R-3989.Decided July 17,194 Jurisdiction : castings manufacturing industry - Investigation and Certification of Representatives : existence of question • dis- - pute as to appropriateness of unit, election necessary Unit Appropriate for Collective Bargaining : pattern makers and pattern maker apprentices held to constitute an appropriate unit in view of piior history of collective bargaining, nature of their duties, and recognition of their separate- ness from other employees by industiial union which, although claiming to represent them by reason of poor determination by Board, excluded them from closed-shop provision of contract with Company Mr. Stephen M Reynolds, for the Board. Mr. C. J. Zaizer and Mr. G. K. Dreher, of Milwaukee; Wis., for the Company. Mr. Roy E Rogers, of Hammond, Ind, and Mr. John D. Maher, of Milwaukee, Wis, for the PML Mr. James E. Coleman, of Milwaukee, Wis, for the Association. Mr. Mozart G. Ratner, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by the Pattern Makers League of North America, Milwaukee Association (A F. of L), herein called PML, alleging that a question affecting commerce had arisen concerning the representation of the employees of Arnpco Metal, Inc , Milwaukee, Wisconsin, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Robert F. Koretz, Trial Examiner Said hearing was held at Mil- waukee, Wisconsin, on June 25, 1942 The Company, the PML,, and the Employees' Mutual Benefit Association of Ampco Metal, Inc., herein called the Association, appeared, participated, and 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. 42 N L R B, No 120 581 582 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Ampco Metal, Inc., is a Wisconsin corporation, engaged in the manufacture and machining of special alloy castings at Milwaukee, Wisconsin. Between January 1 and June 1, 1942, the Company pur- chased raw materials amounting to $827,260 67, all of which were shipped to the plant in Milwaukee from points outside-the State of Wisconsin. Between January 1 and June 20, 1942, the Company had sales of $6,070,304.40, of which 95 5 percent represented shipments to points outside the State of Wisconsin. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. H. THE ORGANIZATIONS INVOLVED Pattern Makers League of North America, Milwaukee Association, is a labor organization affiliated with the American Federation of Labor, herein called the A. F. L. It admits to membership pattern makers and pattern makers' apprentices who have served 1 year of their apprenticeship. Employees Mutual Benefit Association of Ampeo Metal, Inc., is an unaffiliated labor organization, admitting to membership employees of the Company who have been employed for 60 days or more and who are employed on an hourly or piece-work basis. III. THE QUESTION CONCERNING REPRESENTATION On June 18, 1940, the Association filed a petition with the Board, as a result of which a hearing was held on September 30, 1940. The Board, on January 13, 1941, issued a decision 1 in which it found that all production and maintenance employees of the Company constituted an appropriate unit for collective bargaining and directed an election to determine whether the employees of the Company in this unit desired to be represented by the Association or by the A. F. L 2 for the purposes of collective bargaining, or by neither. In this election, the Associa- tion was chosen exclusive bargaining agent for the Company's em- ployees 3 and the Company thereupon entered into an exclusive bar- 'Matter of Ampco Metal, Incorporated and Ampco Employees' Mutual Benefit Associa- tion, 28 N L R B 1227 2 Four A F L unions ( the I A M, the Moulders, the Polishers, and PML ) were given the option of appearing on the ballot bracketed under the A F L Whether or not this option was exercised is not clear 3 The Board certified the Association as such representative on February 27, 1941 Id 29 N L R B 1132 It was testified at the hearing that the pattern - makers did not participate in this election because the PML was not on the ballot AMPCO METAL, INC. 583 gaining contract with the Association. In November 1941, the PMVIL requested the Company to negotiate with it concerning the working conditions of the pattern makers The Company refused to comply with this request because of its contract with the Association On April 13,1942, the Association, the Company, and Steel Workers Organizing Committee consented to an election which was held under the auspices of the Regional Dii ector for the Twelfth Region to deter- mine whether the employees of the Company wished to be repre- sented by the S W. O. C. or by the Association for the purposes of collective bargaining. The election was held on April 13, 1942, and the Association was chosen exclusive bargaining agent for the em- ployees of the Company. On April 15, 1942, the petition herein was filed On May 1, 1942, the Company entered into an exclusive bar- gaining contract with the Association, this contract providing for a closed shop. The Association contends that no question concerning representa- tions exists because of the Board's previous determination that an in- dustrial unit was appropriate and because the Company entered into exclusive bargaining contracts with the Association based upon that determination It urges also that the petition be dismissed because the PML did not intervene ifi the consent election between the S W 0 C and the Association on April 13,1942. The PML maintains that, although it was admittedly in receipt of adequate notice of the Board hearing on September 30, 1940, it was inadequately represented therein by an unauthorized and incom- petent representative. It further states that it was not notified of the pendency of the consent election between the S W. O. C.` and the Association sufficiently in advance thereof to enable it to inter- vene, and that immediately prior to the election the PML notified` the Board's representative that it intended to file a petition for the separation of the pattern makers from the plant-wide unit. Under these circumstances, and for the reasons stated in Section IV below, the motion to dismiss is hereby denied. The PML introduced into evidence at the hearing membership cards and records showing that it represents a substantial number of employees in the collective bargaining unit hereinafter found to be appropriate 4 The Association introduced no evidence that any pat- tern maker or apprentice pattern maker was a member of that organization. - 4 These membership cards and records showed that 8 Journeymen pattern makers and 2 apprentice pattern makers employed by the Company were members of the League Dates of their initiation into membership ranged from June 1937 to April 1942 There are 16 employees in the pattern shop of whom 8 aie journeymen pattern makers , 4 are apprentice pattern makers , and 4 are shellackers It was testified at the hearing that the total em- ployment at the Company 's plant is in excess of 1200 excluding office workers and salesmen. 584 DECISIONS OF NATIONAL LABOR RELATIONS BOARD We find that _a question 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 National Labor Relations Act IV THE APPROPRIATE UNIT The PML claims that a unit composed of the pattern makers and pattern maker appientices employed by the Company is appropriate for the purposes of collective bargaining The Association contends that the plant -wide unit previously found appiopi rate by the Board remains appropriate The Association further requested , however, that should the unit requested by the PML be deemed appropriate, the two apprentices , who are not as yet eligible fm membership in the PML should be excluded from the unit . The Company has taken a neutral position but has stated that it would prefer a single con- tract covering all of its employees The history of collective bargaining at the Company 's Milwaukee, Wisconsin , plant indicates that the pattern makeis constitute a unit appropriate for collective bargaining On June 1, 1937, the Company entered into a joint agreement with the Mouldeis and the I A. M. for 1 year with piovision for automatic ienewal thereafter until such time as thirty (30) days' notice of termination or modification should be given by either party On July 1, 1939, the same parties entered into a second agreement , substantially similar to the first, which was in effect at the time of the Board's decision on January 13, 1941 The PML was one of the conti acting groups under these contracts and bargained for the pattern makers during the life of the contracts Between June 5, 1939, and August 15, 1940, the Com- pany negotiated with the PML with respect to ovei time rates and with respect to the Company's piofit-sharing plan as it affected the pattern makers; as a result of these negotiations the PML succeeded in securing two variances from the terms of the agreement . Further- more, the Association has recognized , by exempting pattern makers from the closed-shop provision of the 1941 contract between the Association and the Company,5 that the pattern makers constitute a group separate from the other employees of the Company. Pattern makers constitute a well established , clearly identified and highly skilled craft requiring a long apprenticeship They can, and often - do, move from one plant or type of industrial activity to a The clause in the contract reads "It is understood and agreed that all persons employed by the Company shall , within thuty ( 30) days theteaftet join and remain members of this Association except those employed by the Company in agicement with the bargaining commtittee " The undeihned clause was inserted for the benefit of the pattern makers and certain summer students and guards employed by the Compan 3 The 1942 contract between the Association and the Company , entered into after the petition herein was filed, contains no such exemption AMPCO METAL, INC. 58 5 another, with no special training required to make the change. Among other benefits which the PML provides its members, it acts as an employment agency for unemployed pattern makers, a func- tion particularly significant here since it appears that a reduction in the number of pattern makers employed by the Company is con- templated. • The record shows that there are at the present time approximately eight jouineymen pattern makers and four apprentice pattern makers employed by the Company whereas at the time of the Board's decision of January 13, 1941, there were only three pattern makers employed by the Company At the present time all the pat- tern makers are members of the PML in good standing despite the fact that the Association has been found to be the representative of a unit which includes them The Association contends that the pattern makers have been benefitted by the woik of the Association in their behalf in that they received a wage increase of approximately 10 percent under the contract signed by the Association with the Com- pany in 1941. It alleges that to permit separation of the pattern makers might cause dissension among other groups of employees in other departments of the Company which might desire to seek sep- arate bargaining rights. However, in view of all the circumstances, we are of the opinion and find that the pattern makers and all pat- tern maker apprentices employed by the Company constitute a unit appropriate for the purposes of collective bargaining within the mean- ing of Section 9 (b) of the Act.e V. THE DETERMINATION OF REPRESENTATIVES We shall direct that the question concerning representation which has arisen be resolved by an election by secret ballot among the employees in the appropriate unit who were employed during the pay- roll period immediately preceding the date of this Dii ection of Elec- tion, subject to the limitations and additions set forth in the Direction Since the Association desires to participate in the elec- tion and has bargained for the pattern makers, we shall accord the Association a place on the ballot. 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 Rela- See Matter of Bethlehem Steel Company, Sparrows Point Division and Baltimore Asso- ciation of the Pattern Makers League of North America, 32 N L R B 1131 (Dis, cussed in the Sixth Annual Report of the Board, p 64) See also, Matter of Bendix Prod- ucts,Dxvastion of Bendix Aviation Corpoi atson and Pattern Makers League of North America, South Bend Association , affiliated with the A F of L , 39 N L R B 81, Matter of Bethle- hem Steel Company (Boston Yards) and Pattern Makere League of North America (AFL), 39 N L R B 1230 586 DECISIONS OF NATIONAL LABOR RELATIONS BOARD tions Act, 49 Stat 449, and pursuant to Article III, Section 8, of National Labor Relations Board Rules and Regulations-Series 2, as amended, it is hereby DIRECTED that, as part of the investigation ordered by the Board to ascertain representatives for the puiposes of collective bargaining with Ampcb Metal, 'Inc , Milwaukee, Wisconsin, 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 Twelfth Region, acting in this mattei as agent for the National Labor Relations Board, and subject to Article III, Section 9, of said Rules and Regulations, among the employees of the Company in the unit found to be appi o- priate in Section IV, above, employed during the pay-roll period immediately preceding the date of this Direction of Election, includ- ing employees who did not work during such pay-roll period because they were ill or on vacation , or in the active military sei vice or ti ain- Ing of the United States, or temporarily laid off, but excluding those who have since quit or been discharged for cause, to determine whether they desire to be represented by Pattern Makers League of North America, Milwaukee Association (A F of L ), or by the Employees Mutual Benefit Association of Ampco Metal , Inc, for the purposes of collective bargaining , or by neither. MR. • GERA1,D D REILLY took no part in the consideration of the above Decision and Direction of Election. IN THE MATTER OF AMPCO METAL, ENC and PATTERN MAKERS LEAGUE OF NORTH AMERICA, MILWAUKEE ASSOCIATION (A. F. OF L.) Case No. 3989 CERTIFICATION OF REPRESENTATIVES August 11, 194 On July 17, 1942, the National Labor Relations Board, herein called the Board issued a Decision and Direction of Election in the above- entitled proceeding' Pursuant to the Direction of Election, an election by secret ballot was conducted on July 25, 1942, under the direction and supervision of the Regional Director for the Twelfth Region (Milwaukee, Wisconsin) On July 27, 1942, the Regional Director, acting pursuant to Ai title III, Section 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended, issued and duly served upon the parties an Election Report. No objections to the conduct of the ballot or the Election Report have been filed by any of the parties. As to the balloting and the results thereof, the Regional Director reported as follows : Total onieligibility list-------------------------------------- 11 Total ballots cast------------------------------------------ 10 Total ballots challenged-------------------------------------- 0 Total blank ballots----------------------------------------- 0 Total void ballots------------------------------------------- 0 Total valid votes counted------------------------------------ 10 Votes cast for Pattern Makers League of North Ameiica, Milwaukee Association (AFL) ----------------------------- 10 Votes cast for Employees Mutual Benefit Association of Ampco Metal, Inc ----------------------------------------------- 0 Votes cast for neither-------------------------------------- 0 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, 49 Stat. 449, and puisuant to Article III, Sections 8 and 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended, IT Is THEREBY CERTIFIED that Pattern Makers League of North Amer- ica, Milwaukee Association, affiliated with the American Federation of Labor, has been designated and selected by a majority of all pattern 1 42 N L R B 581 42 N L R B, No 120a 587 588 DECISIONS OF NATIONAL LABOR RELATIONS BOARD makers and pattern makers' apprentices employed by Ampco Metal, Inc, Milwaukee, Wisconsin, as their representative for the purposes of collective bargaining and that pursuant to Section (9) (a) of the National Labor Relations Act, Pattern Makers League of North America, Milwaukee Association , affiliated with the American Federa- tion of Labor, is the exclusive representative of all such employees for the purposes of collective bargaining with respect to rates of pay, wages, hours of employment, and other conditions of employment.