Standard Forgings Corp.

In the Matter Of STANDARD FORGINGS CORPORATIo,N and LODGE 1720, AMALGAMATED ASSOCIATION OF IRON, STEEL & TIN WORKERS OF, NORTH AMERICA , S. W. O. C., C. I. O. In the Matter Of STANDARD FORGI\ GS CORPORATION and INTERNATIONAL ASSOCIATION OF MACHINISTS (A. F. OF L.) Cases Nos . R-1958 and R-1959 SECOND SUPPLEMENTAL DECISION CERTIFICATION OF REPRESENTATIVES AND ORDER January 31, 191 On August 26, 1940, the National Labor Relations Board, herein called the Board, issued a Decision and Direction of Elections in the above-entitled proceedings. The Board therein stated that a determination of the appropriate unit or units would depend in part upon the results of the elections held (1) among the machinists employed by the Company to determine whether they desired to be represented by the Lodge 1720, Amalgamated Association of Iron, Steel & Tin Workers of North America, S. W. O. C., C. I. 0., herein called the Amalgamated, by International Association of Machinists (A. F. of L.), herein called the I. A. M., or by neither; and (2) among the remaining production and maintenance employees of the Company to determine whether they desired to be represented by the Amalgamated, by International Brotherhood of Blacksmiths, Drop Forgers and Helpers, A. F. of L., or by neither. In the De- cision and Direction of Elections the Board stated : In the event that the Amalgamated receives a majority of the votes cast in each election, the production and- maintenance em- ployees in the entire plant will constitute a single appropriate unit and we shall certify the Amalgamated as the exclusive rep- resentative thereof. In the event that each election results in a majority choice of different organizations , we shall certify each 26 N L R R 13 ^() 29 N. L. R. B., No. 56. 290 STANDARD FORGINGS CORPORATION 291 of the organizations so chosen as the bargaining representative of the separtite appropriate unit in, which it achieved a majority. Pursuant to the Direction of Elections, two elections were con- ducted on September 25, 1940, under the direction and supervision of the Regional Director for the Thirteenth Region (Chicago, Illi- nois). On October 2, -1940, the Regional Director, acting pursuant to Article 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 on the elections. As to the balloting and its results in Election No. 2 (production and maintenance employees excluding machinists), the Regional Director reported as follows : Total on eligibility list------------------------------------- 389 Total number, of ballots cast_______________________________ 365 Total ballots case for Amalgamated Association of Iron, Steel & Tin Workers of North America, Steel Workers Organizing Committee, adulated with C I O ______________ 296 Total ballots cast for International Brotherhood of Black- smiths, Drop Forgers, and Helper s, affiliated with the A. F of L ----------------- ---- 30 Total ballots cast for neither________________ -________ 29 Total challenged ballots________________________ ------------------------------------ 6 Total blank ballots ----------------------------------------- 0 Total void ballots -------------------------------- 4 No objections to the conduct of the ballot or to the Election Re- port in so far as it concerns Election No. 2 have been filed by any of the parties. As to the balloting and its results in Election No. 1 (machinists) the Regional Director reported as follows : Total number of employees alleged eligible to vote ----------- 122 Total number of ballots cast________________________________ 120 Total ballots cast for Amalgamated Association of Iron, Steel & Tin Workers of North America, S. W 0. C., C. I. 0----- 49 Total ballot' cast for International Association of Machinists, affiliated with the A F of L_____________________________ 34 Total ballots cast for neither 1 Total number of ballots cast containing the words "Chicago Die Sinkers Lodge #100" in substitution for neither-__-_ 19 Total number of challenged ballots------------------------- 17 In his Election Report, the Regional Director recommended, inter (ilia, that the 17 challenges to ballots be overruled. No objection to this recommendation having been filed by any party to the,elec- tion, the Board, on October 29, 1940, issued a- Supplemental Deci- sion and Directiou,2 directing the Regional Director to open and 227 N L R B 667 41 •;602-42-vol 29-20 292 DECISIONS OF NATIONAL LABOR RELATIONS BOARD count the 17 challenged ballots, and to issue a Supplemental Election Report embodying his findings thereon. In the -Supplemental Election Report, issued on November 14, 1940, the Regional Director reported that 10 of the 17 ballots in question had been cast for the Amalgamated, that 6 had been cast for the I. A. M. and that 1 ballot had been cast for neither organiza- tion. No objections to the Supplemental Election Report have been filed by any of the parties. Combining the totals contained in the Supplemental Election Report with those contained in the original Eleatlon Report, the results of the balloting in Election No. 1 appear as follows : Total number of employees alleged eligible to vote----------- 122 Total number of ballots cast________________________________ 120 Total ballots cast for Amalgamated Association of Iron, Steel & Tin Workers of North America, S. W. 0. C ; C. I. 0-------- 59 Total ballots cast for International Association of Machinists, affiliated with A. F. of L_________________________________ 40 Total ballots cast for neither_______________________________ 2 Total number of ballots cast containing the words "Chicago Die Sinkers Lodge #100" in substitution for neither ------- 19 In his Election Report the Regional Director recommended that the 19 ballots containing the written-in words "Chicago Die Sinkers Lodge #100" be considered void. This recommendation was predi- cated upon the Board's Decision and Direction of Elections, wherein the Board denied the petition filed at the hearing held prior to issu- ance of the Decision and Direction of Election by Chicago Die Sinkers Lodge #1512, of the I. A. M., herein called the Die Sinkers, for certification as the bargaining agent of all die sinkers employed by-the Company. In its-decision the Board found, as the I. A.'M. urged, that all classes of machinists employed by the Company, in- cluding the die sinkers, could constitute a unit appropriate for collective bargaining purposes. Having so found, the Board stated:, The Die Sinkers claim as an appropriate unit all die sinkers employed by the Company. The I. A. M., however, also desires to represent these employees in the inclusive machinists' unit and, consequently, has opposed the Die Sinkers' motion for the separate investigation and certification of bargaining repre- sentatives for the Company's die sinkers. We have before dis- missed proceedings wherein two unions subject to discipline by the same parent body have disagreed over the extent of their jurisdiction. It will be noted, however, that the Die Sinkers is chartered by and is subordinate to the I. A. M. Since the I. A. M. desires to include within the unit which it claims is appropriate the Company's die sinkers, and since the I. A. M. STANDARD FORGINGS CORPORATION 293 has opposed the motion of the Die Sinkers for- separate certi- fication as a bargaining agent, we are of the opinion'that the Die-Sinkers cannot properly be accorded a separate election. Accordingly, as above stated, the Regional Director recommended that the 19 ballots containing the words "Chicago Die Sinkers Lodge #100" in substitution for neither be considered void. To this recom- mendation Chicago Die Sinkers Lodge #100 has filed an, objection, alleging, inter alia, that Chicago Die Sinkers Local #100 "are no longer members of the International Association of Machinists, or affiliated with the A. F. of L."; 3 further that the Company's die sinkers, being 19 in number, constitute "a highly skilled unit in a separate department," and one for which the "Union" has been the recognized bargaining agent "in the past three years".' The Die Sinkers have accordingly requested -that no certification be made of any bargaining representative for the Company's die sinkers other than Chicago Die Sinkers Local #100, and that the record be re- opened for the purpose of receiving additional evidence on the foregoing allegations. Under the peculiar circumstances of this case, the Board is of the opinion that the record in the above-entitled proceedings should be reopened for the purpose of taking, testimony concerning the Die Sinkers' allegations. As is apparent from a reading of the last quoted excerpt from the Board's original Decision and Direction of Election, the Board found only that a unit composed of all ma- chinists in the Company's employ could be appropriate for collective bargaining purposes, and made no determination of whether the die sinkers could separately constitute such a unit. The exclusion of the Die Sinkers from the ballot was based soley upon the ground that a dispute as to the appropriate unit existed between the I. A. M. and the Die Sinkers, and that, rather than exclude both organizations from the ballot, the desires of the I. A. M. should prevail where employees over whom the then subservient Die Sinkers claimed juris- diction were also within the jurisdiction of the I. A. M. Under these circumstances, and as part of the investigation authorized to deter- mine collective bargaining representatives among the Company's em- ployees, we shall order that the record be reopened for the purpose of taking further testimony concerning the present affiliation of the 'Chicago Die Sinkers I:odge #1512 was the intervenor at the hearing in these pro- ceedings We assume for the purposes of this Supplemental Decision that Local # 100 is the,successor to Lodge #1512 On September 7, 1940, prior to the holding of the elec- tions , Chicago Die Sinkers Local #100 petitioned the Board " for a place on the ballot and the right to vote as a separate unit ." The majority of the Board having been unable to reach an agreement as to the disposition of the petition, the petition as at that time denied . 4 Evidence of the assertion that the Die Sinkers ha\e been recognized as the bargaining agent for the Company' s die sinkers for 3 years was not fully developed at the hearing. 294 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Die Sinkers and whether the die sinkers can constitute a separate appropriate unit. The results of Election No. 2 show that the Amalgamated has been selected as bargaining agent by the majority of the employees voting, therein. We believe, especially in view of the fact that the employees voting in Election No. 2 are a large majority of all the employees in the plant, that certification of the bargaining repre- sentative chosen by them should not await a determination of the questions raised by the Die Sinkers.,' We shall, therefore, now issue a certification applicable to the employees other than the Company's -machinists. This certification will not, of course, preclude the pos- sibility that the Amalgamated may be certified as the bargaining agent for a larger unit following our determination regarding the die sinkers. Upon the entire record in the case, the Board makes the following: SUPPLEMENTAL FINDING OF FACT In order to insure to employees of the Company the full benefit of their right to self-organization and to collective bargaining, Iand otherwise to effectuate the policies of the Act, and subject to our further, decision regarding the machinists employed by the Com- pany, including or, excluding the die sinkers, and also subject to our further decision regarding the die sinkers employed by the Com- pany, we find that the production and maintenance employees of the Company, excluding supervisors, clerical employees, janitors, watch- men, and employees employed in the departments of the plant known as general machine shop, small machine shop, die-turning depart- ment, die-sinking department, sheet-metal department, axle-cutting department, axle-turning department, and axle shed, constitute, a unit appropriate for the purposes of collective bargaining. Upon the basis of the above findings of fact and upon the entire record in the case, the Board makes the following: SUPPLEMENTAL CONCLUSION OF LAW The production and maintenance employees of the Company, ex- cluding supervisors, clerical employees, janitors, Watchmen, and em- ployees employed in the departments of the plant known as general machine shop, small machine shop, die-turning department, die- sinking department, sheet-metal department, axle-cutting depart- See Jtattei of Leetton Manufacturing Company, Inc and International Brotherhood of Elect, ,cal Won,,es, Local No S (A I of L ), i AT L R B 773 28 \ I, R B, 22 Matter of .Ilmonl and Company and United Paclnng House lVoiles Industiaal Union, Local LS,,alilwted with C 1 0 , 15 N I, R B 827 STANDARD FORGINGS CORPORATION 295 went, axle-turning department, and axle shed, coiistitute a unit appropriate for the purposes of collective bargaining, within the meaning of Section 9 (b) 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 Re- lations Act, 49 Stat. 449, and pursuant to Article III, Sections 8 and 9, of National Labor Relations Board Rules and Regulations- Series 2, as amended, IT IS HEREBY CERTIFIED that Lodge 1720, Amalgamated Association of Iron, Steel & Tin Workers of North America, Steel Workers Organizing Committee, affiliated with the Congress of Industrial Organizations, has been designated and selected by a majority of the production and maintenance employees of Standard Forgings Corporation, East Chicago, Indiana, excluding supervisors, clerical employees, janitors, watchmen, and employees employed in the de- partments of the plant known as general machine shop, small machine shop, die-turning department, die-sinking department, sheet-metal department, axle-cutting department, axle-turning de- partment, and axle shed, as their representative for the purposes of collective bargaining, and that pursuant to Section 9 (a) of the Act, Lodge 1720, Amalgamated Association of Iron, Steel & Tin Workers of North America, Steel Workers Organizing Committee, affiliated with the Congress of Industrial Organizations, is the ex- clusive representative of all such employees for the 'purposes of collective bargaining in respect to rates of pay, wages, hours of employment, and other conditions of,employment. , , ORDER Pursuant to Article III, Section 8, of National Labor Relations Board Rules and Regulations-Series 2, as amended, the Board hereby orders that' the record in the above-entitled proceedings be, and it hereby is, reopened and that a further hearing be held. AND IT IS FURTHER ORDERED that the above-entitled cases be, and they hereby are, referred to the Regional Director for the Thirteenth Region for the purpose of conducting such further hearing. CHAIRMAN HARRY A. MILLIS took no part in the consideration of the above Second Supplemental Decision, Certification of Repre- sentatives and Order.