French and Hecht Co., Inc.

In the Matter of FRENCH AND HECHT COMPANY, INC. and INTERNA- TIONAL MOLDERS AND FOUNDRY WORKERS UNION, A. F. OF L., (LOCAL #72) Case No. R-2422.Decided,April 18, 1941 Jurisdiction : iron and steel wheel manufacturing industry. Investigation and Certification of Representatives : existence of question : Com- pany did not answer union's letter requesting it to enter into collective bar- gaining negotiations and after it had assented to a consent election with- drew its assent and refused to participate in the election ; pay roll pre- ceding date Company withdrew its prior assent to a consent election to de- termine eligibility ; election necessary. Unit Appropriate for Collective Bargaining : all employees of the foundry de- partment including specifically, but not exclusively, employees of the grinding room, chipping room, molding shop, flask men,, cupola tenders and chargers, the flask repair and maintenance men, but excluding the superintendent, foremen, subforemen, and others having the right of discharge ; agreement as to. Mr. Edward F. Myers, of Springfield, Ohio, for the Company. Mr. Frank Voit, of Cincinnati, Ohio, for the Union. Mr. William T. Little, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On February 11, 1941, International Molders and Foundry Work-, ers of America, affiliated' with the American Federation of Labor, Local #72,, herein called the Union, filed with the Regional Di- rector for the Ninth Region (Cincinnati, Ohio) a petition alleging that a question affecting commerce had arisen concerning the repre- sentation of employees of French and Hecht Company, Inc., Spring- field, Ohio, herein called the Company, and requesting an investi- gation and certification of representatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On March 11, 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 Board Rules and 31 N. L. R. B, No 12. 49 50 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Regulations-Series 2, as amended, ordered an investigation and au! thorized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice. On March 13, 1941, the Re- gional Director issued a notice of hearing, copies of which were duly served upon the Company and the Union. Pursuant to notice, a hearing was held on March 25, 1941, before Karl Filter, the Trial Examiner duly designated by the Chief Trial Examiner. The Company and the Union appeared by their repre- sentatives and- participated in the hearing. Full opportunity to be- heard, to examine and cross-examine witnesses, and to introduce evi- dence bearing on the issues was afforded all parties. During the course of the hearing, the Trial Examiner made several rulings on the admissibility of evidence. The Board has reviewed the rulings of the Trial Examiner and finds that no prejudicial errors were com- mitted. The rulings are hereby affirmed. Upon the basis of the entire record in the case, the Board makes the following : FINDINGS OF FACT I. THE BUSINESS OF THE CODIPANY French and Hecht Company, Inc., is an Iowa corporation engaged in the manufacture' of iron and steel wheels. It maintains a plant at Springfield, Ohio, herein called the Springfield plant, with which the present proceeding is concerned. Sales of finished products of the Springfield plant during the year ending August 30, 1940, amounted to $129,400, of which approximately 15 per cent,were made to firms or persons- outside the State of Ohio, and approximately 85 per cent were made to manufacturers to be incorporated into goods and machines, much of which was shipped in interstate commerce. Coke used in the smelting of iron, and molding sand used in the making of molds and cores, are purchased from sellers located out- side the State of Ohio. - Most of the other raw materials used at the Springfield plant are purchased within the State of Ohio. The Com- pany admits that it is engaged in commerce within the meaning of the Act. II. THE ORGANIZATION 'INVOLVED International Molders and Foundry Workers Union, Local *72, is a labor organization affiliated with the American Federation of Labor, admitting to membership employees of the Company's Spring- field plant. III. THE QUESTION CONCERNING REPRESENTATION- On January 17, 1941, in a letter to the Company, the Union claimed to represent a majority of the Company's employees, and requested FRENCH & HECHT COMPANY, INC. 51 it' to enter into collective bargaining negotiations. The Company did not answer the Union's letter. About February 10, 1941, after it had assented to a consent election the Company withdrew its assent and refused to participate in the election. At the hearing, Edward F. Myers, factory manager of the Springfield, Ohio, plant stated that the Union had submitted no proof of membership to the Company and that the Company questioned its claim of majority representation. At the hearing the Trial Examiner reported and stated for the purposes of the record that a substantial number of employees of the Company, within, the unit hereinafter found to be appropriate, had designated the Union as their collective bargaining agency., 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 Company and the Union-agree, and we find, that all employees of the foundry department of the Springfield, Ohio, plant of the Com- pany, including specifically, but not exclusively, employees of the grinding room, chipping room,2 molding shop, flask men, cupola tend- ers and chargers, and the flask repair and maintenance men, but excluding the superintedent, foremen, subforemen, and others having the right of discharge, constitute a unit appropriate for the purposes of collective bargaining. We further find 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 will 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 means of -an election by secret ballot. As noted above, about February 10, 1941, the Company withdrew its 1 The Trial Examiner reported that 36 of the approximatey 90 employees in the appro- priate unit on March 20, 1941 , had signed authorization cards for the Union. 2 The transcript of the stipulation literally reads "shipping room." However, from the context , it is clear that the parties intended to refer to the "chipping room." 441843-42-vol 31-5 1 52 DECISIONS OF NATIONAL LABOR RELATIONS BOARD prior assent to a consent election. The Union requests that the Company pay roll next preceding that date be used to determine eli- gibility to participate in the election. The Company requests that eligibility be determined by the current pay roll. Under the circum- stances, we shall direct that the pay roll next preceding February 10, 1941, be used to determine eligibility. The Union requests that em- ployees on the pay roll preceding February 10, 1941, who have since permanently left the Company's employ, be permitted to vote. Such employees have no further interest in collective bargaining with the Company and in accordance with our usual practice, -we shall not permit them to participate in the election. We find that the em- ployees of the Company eligible to vote in the election are those em- ployees in the appropriate unit who were employed during the pay-roll period next preceding February 10, 1941, subject to such limitations and additions as are set forth in the Direction. 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 French and Hecht Company; Inc., Spring- field, Ohio, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. - 2. All employees of the foundry department of the Springfield, Ohio, plant of the Company, including specifically, but not exclusively, employees of the grinding room, chipping room, molding shop, flask men, cupola tenders and chargers, the,flask repair and maintenance men, but excluding the superintendent, foremen, subforemen, and others having the right of discharge, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Sec- tion 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, 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 authorized by, the Board to ascertain representatives for the purposes of collective bargaining with French and Hecht Company, Inc., Springfield, Ohio, 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 di- FRENCH & HECHT COMPANY, INC. 53 rection and supervision of the Regional Director for the Ninth 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 employees of the foundry department of the Springfield, Ohio, plant of the Company, who were employed during the pay-roll period next preceding February 10, 1941, including specifically,, but not exclusively, employees of the grinding room, chipping room, molding shop, flask men, cupola tenders and chargers, the flask re- pair and maintenance men, employees who did not work during such pay-roll period because they were ill or on vacation or in the active military service or training of the United States, or temporarily laid off, but excluding the superintendent, foremen, subforemen, others having the right of discharge, and those who have since quit or been discharged for cause, to determine whether or not they desire to be represented by International Molders and Foundry Workers Union, A. F. of L., (Local #72), for the purposes of collective bargaining. [SAME TITLE] CERTIFICATION OF REPRESENTATIVES May 9, 1941 - On April 18,1941,' the National Labor Relations Board issued its Decision, and-Direction of Election in the above-entitled proceeding. Pursuant to the Direction of Election, an election by secret ballot was conducted on May 1, 1941, under the direction and supervision of the Regional Director for the Ninth Region (Cincinnati, Ohio). On May 2, 1941, the Regional Director acting pursuant to Article III, Section 9, of National Labor Relations Board Rules and Reg- ulations-Series 2, as amended, issued an Election Report, copies of which were duly served upon the parties. No objections to the con- duct of the ballot or the Election Report were filed by any of the parties. As to the balloting and the results thereof, the Regional Director reported as follows : Number of alleged eligible voters---------------------------- 69 Number of ballots placed in ballot box----------------------- 67 Number of unchallenged ballots FOR International Molders and - Foundry Workers Union, A. F. of L. (Local #72) ----------- 41 Number of unchallenged ballots AGAINST International Molders and Foundry Workers Union, A. F. of L. (Local #72) --------------------------------------------- 19 Number of challenged ballots-------------------------------- 5 Number of blank ballots------------------------------'------- ' o Number of spoiled ballots----------------------------------- 2 31, N. L. R. B., No. 12a. - 54 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 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, Sections 8 and 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended, IT IS HEREBY CERTIFIED that International Molders and Foundry Workers Union, A. F. of L., (Local #72) has been designated end selected by a majority -of all employees of the foundry department of the Springfield, Ohio, plant of French- and Hecht Company, Inc., Springfield, Ohio, including specifically but not exclusively employees of the grinding room, chipping room, molding shop, flask men, cupola tenders and chargers, and the flask repair and maintenance men, but excluding the superintendent, foremen, subforemen, and others having the right of discharge, as their representative for the purposes of collective bargaining,, and that, pursuant to the provisions of Section 9, (a) of the National Labor Relations Act, International Molders and Foundry Workers Union, A. F. of L., (Local #72) 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.