Pequonnock Foundry, Inc.

In the Matter Of PEQUONNOCK FOUNDRY, INCORPORATED and LOCAL UNION No. 12, INTERNATIONAL MOLDERS AND FOUNDRY WORKERS UNION, A. F. OF L. Case No. R--43t.-Decided A" l l 17, 19V Jurisdiction : casting manufacturing industry. Investigation and Certification of Representatives : existence of question : re- fusal to accord union recognition until certified by the Board; election necessary. Unit Appropriate for Collective Bargaining : maintenance, and shipping and receiving employees, including working foremen, but excluding supervisory, office and clerical employees Mr. William J. Buckley, of Bridgeport, Conn., Mr. George E. Kirs- ten, of Westport, Conn., and Mr. Edward F. Zehnder, of Fairfield, Conn., for the Company. Mr. Herbert W. Clements, of Cleveland, Ohio and Mr. Joseph A. Hickey, of Ansonia, Conn., for the Union. Mr. Louis S. Penfield, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On February 13, 1941, Local Union No. 12, International Molders and Foundry Workers Union, A. F. of L.,1 herein called the Union, filed with the Regional Director for the Second Region (New York City) a petition alleging that a question affecting commerce had arisen concerning the representation 'of employees of Pequonnock Foundry, Incorporated,2 Bridgeport, Connecticut, herein called the Company, and requesting an investigation and certification of representatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On March 17, 1941, 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 i Incorrectly designated in some of the formal papers as "International Molders and Foundry Workeis Union , A F. of L " 2 Incorrectly designated in some of the formal papers as "The Pequonnock Foundry Co." 31 N. L R. B., No. S. 38 PEQUONNOCK FOUNDRY, INC. 39 Board Rules and Regulations-Series 2, as amended, ordered an in- vestigation and authorized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice. On March 19, 1941, the Regional Director issued a notice of hearing, copies of which were duly served upon the Company and upon the Union. Pursuant to notice, a hearing was held on March 28, 1941, at Bridgeport , Connecticut , before Daniel R. Dimick, the Trial Examiner duly designated by the Chief Trial Examiner. The Company was represented by counsel and the Union by its repre- sentatives; both parties participated in the hearing. Full opportu- nity to bo heard, to examine and cross -examine witnesses, and to introduce evidence bearing on the issues was afforded -all parties. At the commencement of the hearing the Trial Examiner granted a motion to amend the petition in certain respects hereinafter noted. During the course of the hearing the Trial Examiner made several rulings on motions and 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 Pequonnock Foundry, Incorporated, a Connecticut corporation, is engaged in the manufacture , sale and distribution of grey iron, semi-steel, alloy iron castings , antique garden furniture, 'and related products at Bridgeport, Connecticut. The principal raw materials used by the Company in the operation of its business are pig iron, scrap iron, steel scrap, sands, and clay. During the year 1940 ap- proximately 80 per cent of` such raw materials , valued in excess of $37,800, were purchased by the Company and shipped to it from points outside the State, of Connecticut. During the same period approximately 20 per cent of the finished products of the Company, valued in excess of $180,000, were sold by the Company and shipped to places outside the State of Connecticut. The Company admits that it is engaged in interstate commerce within the meaning of the Act. IT. THE ORGANIZATION INVOLVED Local Union No. 12, International Molders and Foundry Workers Union is a labor organization affiliated with the American Federation of Labor. It admits to membership employees of the Company. 40 DECISIONS OF NATIONAL LABOR RELATIONS BOARD M. THE QUESTION CONCERNING REPRESENTATION At the hearing the parties stipulated that the Company, although requested to recognize the Union as the statutory representative of its employees, refused to accord such recognition until such time as the Union is certified as such representative by the Board. A statement of the Regional Director introduced into evidence shows that the Union represents a substantial number of employees in the collective bargaining unit hereinafter found to be appropriate.8 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 The Union alleges in its petition, as amended, that the unit appro- priate for collective bargaining purposes is comprised of all produc- tion and maintenance employees, including working foremen and shipping and receiving employees, but excluding supervisory, office and clerical employees. The Company contends that the molders and core makers should constitute one unit and that the laborers, main- tenance, and shipping employees should constitute a separate unit., The business of the Company is carried on in a single one-story building containing a single unpartitioned room. The production of various types and sizes of castings is chiefly accomplished by a group .of molders and core makers whose various tasks require a high degree of skill. These workers, however, are directly assisted in their work by apprentices and helpers as well as by general laborers who perform various tasks including hauling metals and sands, and sawing, cutting, grinding, and chipping the raw materials or the finished castings. Other workers are engaged in packing and ship- ping these castings and in general maintenance work about the plant. S The Regional Director reported that 39 union application cards, 311 dated between No- vember 20 , 1940, and February 4, 1941, and 5 undated , were submitted to him and that 35 appear to bear genuine original signatures of persons whose names appear on the Company's pay roll of February 24, 1941. There are 69 persons on such pay roll in the appropriate unit. PEQUONNOCK FOUNDRY, INC. 41 Prior to 1934 the petitioning union was a craft organization which limited its jurisdiction to molders and core makers alone. However, in 1934 it broadened its jurisdiction to admit to membership "all workers engaged in the production, processing and assembling of castings and related products" and since that time its organizational efforts have been conducted upon this basis. In the present instance the unit which the Union seeks to establish is comprised of all per- sons whether skilled or unskilled who are engaged in or connected with the production of castings. Under all the circumstances we are of the opinion that the unit alleged by the Union is appropriate for collective bargaining purposes. We find that all production, maintenance, and shipping and receiving employees of the Company, including working foremen, but exclud- ing supervisory, office and clerical employees, constitute a unit appro- priate for the purposes of collective bargaining and that such unit will insure to employees of the Company the full benefit of their right to self-organization and to collective bargaining and otherwise effectuate the policies of the Act. VI. THE DETERMINATION OF REPRESENTATIVES We find that the question concerning representation which has arisen can best be resolved by an election by secret ballot. The Company requests that a current pay, roll date be selected for determining the eligibility of voters. The Union, although' express- ing a preference that eligibility be determined by a pay roll at the time of the filing of the petition or at the time of the hearing, indi- cated that it would not object to the use of a current pay roll. Ac- cordingly, we shall direct that those eligible to vote in the election shall be the employees in the appropriate unit who were employed by the Company during the pay-roll period immediately preceding the date of the Direction of Election herein, subject to such limitations and additions as are set forth in such Direction of Election. Upon the basis of the above findings of fact and upon the -entire record in the case, the Board makes the following: CONCLUSIONS OF LAW '1. A question affecting commerce has arisen concerning the repre- sentation of employees of Pequonnock Foundry, Incorporated, Bridge- port, Connecticut, within the meaning of Section 9 (c) 'and Section 2 (6) and (7) of the National Labor Relations Act. . 2: All production, maintenance, and shipping and receiving em- ployees of the Company, including working foremen but excluding supervisory, office, and clerical employees, constitute a unit appro- 42 DECISIONS OF NATIONAL LABOR RELATIONS BOARD priate for the purposes of collective bargaining within the meaning of Section 9 (b) of the National Labor Relations Act. 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- tions Act, 49 Stat. 449, and pursuant to Article III, Section 8, of Na- tional Labor Relations Board Rules and Regulations-Series 2, as amended, it is hereby \ DIRECTED that, as part of the investigation authorized by the Board to ascertain representatives for the purposes of collective bargaining with Pequonnock Foundry, Incorporated, Bridgeport, Connecticut, 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 of Election, under the direction and supervision of the Regional Di- rector for the Second Region, acting in this matter as agent for the National Labor Relations Board, and subject to Article III, Section 9, of•said Rules and Regulations, among all production, maintenance, and shipping and receiving employees of the Company, including working foremen whose names appear on the Company's pay roll for the period next preceding the date of this Direction of Election, and employees who did not work during such pay-roll period because they were ill or on vacation or in the active military service or train- ing of the United States, or who were temporarily laid off, but exclud- ing supervisory, office and clerical employees and employees who have since quit or been discharged for cause, to determine whether or not they desire to be represented by Local Union No. 12, International Molders and Foundry Workers Union, A. F. of L., for purposes of collective bargaining.