Quality Aluminum Casting Co.

In the Matter Of QUALITY ALUMINUM CASTING Co . and PATTERN MAKERS LEAGUE OF NORTH AMERICA , MILWAUKEE ASSOCIATION (A. F. L ) Case No. R-1943.-Decided August 12, 1940 Jurisdiction : automotive parts manufacturing industry. Investigation and Certification of Representatives : existence of question: dispute as to appropriate unit; contract renewed with notice of rival union's claim, no bar to. No election necessary where Board found the unit requested to be ap- propriate and parties stipulated that certification would be proper should the Board so find ,Unit Appropriate for Collective Bargaining : pattern makers and pattern makers' apprentices. Although rival industrial union contended that pattern makers and pattern makers' apprentices are properly included in an industrial unit pursuant to the terms of a contract with the Company the Board found, however, that they were orally excluded from said contract and in view of the dissimilarity of wages and work and the fact that prior and subsequent to the execution of said contract the craft union had furnished the Company with such employees and'had bargained and reached oral agreements concerning their wages, hours, and conditions of employment, the Board held that they constitute an appropriate unit. Mr. D. B. Malone, of Waukesha, Wis., for the Company. Mr. Roy E. Rogers, of Hammond, Ind., for the Pattern Makers League. Mr. Lawrence Carlstrom, of Milwaukee, Wis., for the U. A. W. Mr. Ben Law, of counsel to the Board. DECISION AND CERTIFICATION OF REPRESENTATIVES STATEMENT OF THE CASE On June 6, 1940, Pattern Makers League of North America, Mil- waukee Association (A. F. L.), herein called the Pattern Makers League, filed with the Regional Director for the Twelfth Region (Milwaukee, Wisconsin) a petition alleging that a question affecting commerce had arisen concerning the representation of employees of Quality Aluminum Casting Co., Waukesha, Wisconsin, herein called the Company, and requesting an investigation and certification of 26 N. L. R. B., No. 49. ,510 QUALITY ALUMINUM CASTING CO. - 517 representatives pursuant , to Section 9, (c) of the National Labor Relations , Act, 49 Stat . 449, herein called the Act. On June 29, 1940, the National Labor Relations Board, herein- called the Board, acting pursuant to Section 9 (c) of the Act and Article III, Section 3, of National Labor Relations Board Rules and Regulations-Series 2,' as amended, ordered an investigation and authorized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice . On July 1,' 1940 , the Regional Director issued a notice of hearing, copies of which were duly served upon the Company, the Pattern Makers League, and International Union, United Automobile Workers of America, Local 445, (C. O. I.), herein called the U. A.WT., an organization, claiming to have an interest in the subject matter of the proceeding. , Pursuant to notice, a hearing was held on July 11, 1940 , at Wau- kesha, Wisconsin, before Jacob. I. Karro, the Trial Examiner duly designated by the Board . The Company, the Pattern Makers League, and the U. A . W. were represented by counsel and participated in the hearing. Full opportunity to be heard , to examine and cross-examine witnesses and to introduce evidence was afforded all parties . During the course of the hearing the Trial Examiner made various rulings on objections to the admission of evidence . The Board has reviewed the rulings of the Trial Examiner and finds that no prejudicial errors were committed . The rulings are hereby affirmed. Upon the entire record in the case the Board . makes the following: FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY The Quality Aluminum Casting Co. is a Wisconsin corporation engaged at its plant in Waukesha, Wisconsin, in the manufacture of aluminum castings for automobile parts and automobile machinery. The principal raw materials used by the Company in its manufactur- ing processes are aluminum ingots and foundry sand. The value of such materials so used in 1939 was approximately $200,000. Approxi- mately 80 per cent of such materials, computed by value, were shipped to the Company's plant at Waukesha from points outside Wisconsin. The value' of products manufactured by the Company during 1939 was approximately $375,000. Of this output, approximately 75 per cent, computed by value, were shipped by the Company from its plant at Waukesha to points outside Wisconsin. II. THE ORGANIZATIONS INVOLVED Pattern' Makers League of North America, Milwaukee Association, is a labor organization affiliated with the American Federation of Labor admitting to membership persons employed as pattern makers 3,23429-42-vol. 26-34 518 DECISIONS OF NATIONAL LABOR RELATIONS BOARD and pattern makers' assistants or apprentices at the Company's plant. International Union, United Automobile Workers of America, Local No. 445, is a labor organization affiliated through International Union, United Automobile Workers of America with the Congress of Indus- trial Organizations. It admits to membership employees of the Company, exclusive of watchmen. III. • THE QUESTION CONCERNING REPRESENTATION Prior to filing its petition on June 6, 1940, the Pattern Makers League requested the Company for recognition as the exclusive bargaining representative of the pattern makers and the pattern makers' appren- tices employed by the Company. The Company replied, and there- after took the position at the hearing, that it did not know' whether the-pattern makers and pattern makers' apprentices who were then or who might subsequently be in its employ constituted an appropriate unit and that it would not grant exclusive bargaining rights for such a unit unless its appropriateness was determined by the Board. The U. A. W. contended at the hearing that the pattern makers and pat- tern makers' apprentices are properly included within a unit consist- ing of all of the employees of the Company, excluding watchmen, who are paid on a piece-rate or day-rate basis. The evidence discloses that on July 22, 1937, the Company alan the U. A. W. entered into a written contract by which the former agreed to recognize a bargaining committee consisting of employees elected by the members of the U. A. W. as the sole bargaining agency for all employees of the Company who were paid on a piece-rate or day-rate basis. On August 15, 1938, the Company and the U. A. W. entered into a second contract, replacing the first, but containing an identical recognition clause. On August 18, 1939, the Company and the U. A. W. entered into a third contract, replacing the second, but retaining the same recognition clause as that in the first two contracts. With regard to the time of its termination, the third contract contained the following provision: This agreement shall go into effect on August 16, 1939, and shall continue in effect, (unless amended by mutual agreement) until August 15, 1940, and shall continue from year to year thereafter unless notice is given by either party at least thirty (30) days prior to August 15, 1940, or thirty days prior to August 15 in any year thereafter. It is not clear from the record whether, prior to the hearing, either the Company or the U. A. W. had given notice to the other of an intention to terminate or amend the third contract. It is undisputed, however, that both the Company and the U. A. W. had complete notice and full knowledge of the claim of the Pattern Makers-League QUALITY ALUMINUM CASTING CO. 519 prior to July 15, 1940. Under these circumstances the renewed con- tract is no bar to the present proceedings.' We find .that a question has arisen concerning the representation of employees of the Company. IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON COMMERCE We find that the question concerning representation which has arisen, occurring in connection with the operations of the Company described in Section I above, has a close, intimate, and substantial relation to trade, traffic, and commerce among the several States, and tends to lead to labor disputes burdening and obstructing commerce and the free flow of commerce. V. THE APPROPRIATE UNIT As 'indicated above, the Pattern Makers League contends that pattern makers and pattern makers' apprentices employed by the Company in its plant at Waukesha, Wisconsin, constitute an appro- priate unit and the Company takes the position that it does not know whether or not such unit is appropriate. The U., A. W. contends that pattern makers and pattern makers' apprentices are properly included within a unit consisting of all of the employees of the Company, excluding watchmen, who are paid on a piece-rate or day-rate basis. At the time of the hearing, the Company had four pattern makers and no pattern makers' apprentices or assistants in its employ. In addition, it employed 83 other production workers of various skills and classifications. The four pattern makers are engaged in a separate department of the plant in the construction, maintenance, and repair of wood- and metal-pattern equipment. They are skilled craftsmen each of whom has served a required apprenticeship period of 5 years. It is necessary to their work that they have an understanding of mold and core mak- ing and be able to read blue prints. The patterns constructed by them are sent to the foundry of the plant for use in making aluminum castings . The Company pays its pattern makers at the rate of $1.25 per hour. The pay of its other production employees varies, accord- ing to. the nature of, their jobs, but is apparently lower than that of the pattern makers. . . The Company has in the past hired its pattern makers through the Pattern Makers League. As mentioned below, it is undisputed that the four pattern makers employed • by the Company at the time of the hearing are, currently members of the Pattern Makers League. I Cf Matter of Max Hoffman, doing business under style and trade name of M. Hoffman & Co and Amalga- mated Clothing Workers of America (C. I. 0 ), 25 N. L. R. B. 311, and cases cited therein. 520 DECISIONS OF NATIONAL LABOR RELATIONS BOARD In 1937, at the time the Company and the U. A. W. were negotiating the first contract between them, the representatives of the Company announced that the pattern makers then employed were members of the Pattern Makers League and that the Company had been hiring its pattern makers through that organization. On this basis, he asked that pattern makers be excluded from the terms of the contract. As a result of this request, the Company and the U. A. W. agreed orally that the pattern makers should be excluded from any contract which they might make. Soon after the conclusion of the contract of July 22, 1937, between the Company and the U. A. W., a representative for the Pattern Makers League protested to the Company against the inclusion of pattern makers in a single unit with the other employees. The Company then informed the Pattern Makers League of its oral agreement, described above, with the U. A. W. Apparently this satisfied the Pattern Makers League. The representative for the U. A. W. testified at the hearing that the oral agreement between the Company and the U. A. W. was based on the condition that the Pattern Makers League would not-attempt to bargain for the pattern makers. The other testimony concerning the oral agreement does not make it clear that such was the understanding of both parties. Since 1937, however, the Company and the Pattern Makers League have on various occasions bargained and reached oral agreements concerning the wages, hours, and conditions of employment of pattern makers. Up to 'the time of the hearing, the U. A. W. had not notified the Company that it desired to terminate the oral understanding under consideration. Although the recognition clauses of the three written contracts between the Company and the U. A. W. would appear to include the pattern makers within the unit for which the former recognized the latter as exclusive bargaining representative, the pattern makers are not mentioned in any of the contracts. All other classifications of the Company's production employees are mentioned and there are wage and other provisions concerning them. On the basis of all of the foregoing, we find that the pattern makers and pattern makers' apprentices employed by the Company at its plant in Waukesha, Wisconsin, constitute a unit appropriate for the purposes of collective bargaining, and that 'said unit will insure to such employees of the Company the full benefit of their right to self- organization and to collective bargaining, and will otherwise effectuate the policies of the Act. VI. THE DETERMINATION OF REPRESENTATIVES At the hearing the Pattern Makers League introduced undisputed evidence in the form of membership cards and testimony that all four of the pattern makers then employed by the Company were members QUALITY ALUMINUM CASTING CO. 521 of the Pattern Makers League. At the close of the hearing the parties stipulated as follows: In the event the Board finds that the petitioner 's request for the setting aside of the pattern makers as an appropriate bar- gaining unit , be upheld , . . . the Board at that time may certify the petitioner as the bargaining agent . . . [for such employees] without an election. On the basis of the foregoing , we find that the Pattern Makers League has been designated and selected by a majority of persons employed by the Company in the unit herein found to be appropriate as the representative of such persons for the purposes of collective bargaining . It is therefore , the exclusive representative of all the employees in such unit for the purposes of collective bargaining, and we will so certify. Upon the basis of the above findings of fact and upon the entire record in this proceeding , the Board makes the following: CONCLUSIONS OF LAW 1. A question affecting commerce has arisen concerning the repre- sentation of employees of the Company , within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 2. The pattern makers and pattern makers' apprentices employed by the Company at its plant at Waukesha , Wisconsin , constitute a unit appropriate for the purposes of collective bargaining, within the meaning of Section 9 (b) of the National Labor Relations Act. 3. Pattern Makers League of North America , Milwaukee Associa- tion (A. F. L) is the exclusive representative of all employees in such unit for the purposes of collective bargaining within the meaning of Section 9 (c) of the National Labor Relations Act. CERTIFICATION OF REPRESENTATIVES By virtue of and pursuant to the power vested in the National Labor Relations Board by Section 9 (c) of the National Labor Rela- tions Act , and pursuant to Article III, Section 8, of National Labor Relations Board Rules and Regulations-Series 2, as amended, IT IS HEREBY CERTIFIED that Pattern Makers League of North America, Milwaukee Association (A. F. L.) has been designated and selected by a majority of the pattern makers and pattern makers' apprentices employed by Quality Aluminum Casting Co . at its plant in Waukesha, Wisconsin, as their representative for the purposes of collective bargaining and that, pursuant to the provisions of Section 9 (a) of the Act, Pattern Makers League of North America , Milwaukee Association (A. F. L.) is the' exclusive representative of all such employees for the purposes of collective bargaining in respect to rates 522 DECISIONS OF NATIONAL LABOR RELATIONS BOARD of pay, wages, hours of employment, and other conditions of employment. MR. EDWIN S. SMITH, concurring:' In view of the fact that the Pattern Makers League furnished the Company with pattern makers and pattern makers' apprentices prior to the execution of the first exclusive bargaining contract between the Company and the U. A. W., and in view of the fact'that since the execution of the exclusive bargaining contracts the Company -has bargained with the Pattern Makers League concerning wages, hours and' other conditions of employment for pattern makers and pattern makers' apprentices, and the contracts between the Company and the U. A. W. made no provision for pattern makers, I concur in the determination that pattern makers and pattern makers' apprentices constitute an appropriate bargaining unit,' and that the Pattern Makers League should be certified on the record as the exclusive representative of such employees. 2 See my concurring opinions in Matter of American Hardware Corp. and United Electrical and Radio Workers of America, 4 N L R B 412, Matter of The Central Foundry Company and Steel Workers Organizing Committee, 20 N. L. R. B 131; and Matter of U. S. Pipe & Foundry Company and Steel Workers Organizing Committee, 19 N L R B 1016, and cases cited therien