Rockford Drop Forge Co.

In the Matter of ROCKFORD DROP FORGE Co. and INTERNATIONAL BROTH- ERHOOD OF BLACKSMITHS, DROP FORGERS &-HELPERS, AFFILIATED WITH THE AMERICAN FEDERATION OF LABOR Case No. R-2411.-Decided April 21, 1941 Jurisdiction : drop forging manufacturing industry. Investigation and Certification of Representatives : existence of question : re- fusal to accord union recognition until it is certified by the Board ; election necessary. Unit Appropriate for Collective Bargaining : all employees in the forge, forge repair, shear, heat-treating, and trimming departments, excluding supervisory and clerical employees and employees in the tool and die, die-storage, elec- trical, shipping, and inspection departments. Fyffe and Clarke, by Mr. Albert J. Smith, of Chicago, Ill., for the Company. Mr. A. J. Eberhardy, of Cudahy, Wis., for the Union. Mr. J. W. Ramsey, of Rockford, Ill., for the Metal Trades Depart- ment, A. F. of L. Mr. Louis S. Penfield, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On February 8, 1941, International Brotherhood-of Blacksmiths; Drop Forgers & Helpers, affiliated with the American Federation of Labor, herein called the Union, filed with the Regional Director for the Thirteenth Region (Chicago, Illinois) a petition and on February 21, 1941, an amended petition, alleging that a question affecting com- merce had arisen concerning the representation of employees of Rock- ford. Drop Forge Co., Rockford, Illinois, 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 12, 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 Regulations-Series 2, as amended, ordered 31 N. L. R. B.; No. 22. • 155 156 DECISIONS OF NATIONAL LABOR RELATIONS BOARD an investigation and authorized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice. On March 13, 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 21, 1941, at Rockford, Illinois, before Charles F. McErlean, the Trial Exam- iner, duly designated by the Chief Trial Examiner. The Company was represented by counsel and the Union by its representatives; both' parties participated in the hearing.' Full opportunity to be heard, to. examine and cross-examine witnesses, and to introduce. evidence - bea'ring,on the issues was afforded all parties. During the course of the hearing the Trial Examiner made rulings on various 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 Rockford Drop Forge Co., an Illinois corporation is engaged at Rockford, Illinois, in the manufacture and sale of drop forgings that are used `by the automotive and agricultural industries. The principal raw materials used .by the Company in the manufacture of its products are steel, coal, and oil. During the year 1940 ap- proximately 25 per cent of such raw materials valued at approxi- mately, $750,000 were purchased by the Company and shipped to it from points outside the State of Illinois. During the same year more than 35 per cent of the finished products of the Company valued at approximately $2,000,000 were sold by the Company and shipped to points outside the State of Illinois. H. THE ORGANIZATION INVOLVED - International Brotherhood of Blacksmiths, Drop Forgers & Helpers is-a labor organization affiliated with the Metal Trades Department of the American Federation of Labor and with the American Federa- tion of Labor. It admits to membership employees of the Company. HI. THE QUESTION CONCERNING REPRESENTATION . On -February 3, 1941, the Union requested recognition of the Com- pany as the statutory representative of its employees in an appro- 3 The Union is affiliated with the Metal Trades Department of the American Federation of Labor. A representative of the Metal Trades Department made an appearance at the hearing for the purpose of assisting the Union. ROCKFORD DROP -FORGE COMPANY 157 priate unit. The Company refused and refuses recognition until the Union .is certified as such representative by the Board. At the hearing the Trial Examiner read a statement into the 'record showing that the Union represents a substantial number of employees in the collective bargaining unit hereinafter. found to be appropriate.2 - - 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 that all employees in the forge, forge repair, shear, heat treating, and trimming departments, excluding super- visory and clerical employees and employees in the tool and die, die storage, electrical, shipping and inspection departments, constitute a unit appropriate for the purposes of collective bargaining. The Company contends that the appropriate bargaining unit should be comprised of all production and maintenance employees, which would include the employees in the departments named above which the Union seeks to exclude. The employees in the departments which. the Union contends con- stitute an appropriate unit include all employees of the Company, both skilled and unskilled, who are directly engaged in the production` of forgings. Their duties include shearing the raw metal used, heat- ing and hammering such metal in the course of forging, and finally heat-treating, trimming, and grinding the forgings themselves. Their combined efforts result in completed forgings ready for inspection and shipment. Employees in the departments which the Union would exclude all perform tasks related to, but not integral steps in, 8 The Trial Examiner stated that 64 application cards for membership in the Union, like- wise authorizing the Metal Trades Department of the A . F. of L with which the Union is affiliated , to act as representative, 1 dated April 1940 , 4 September 1940 , 16 October 1940, 16 January 1941, 3 February 1941, 1 May 2, with no year shown , and 23 undated, were submitted to-him. All appeared to bear genuine original signatures and 55 bore the names -of persons on the Company's pay roll of March 20, 1941. There are 510 names on such pay roll, 283 of which are listed in departments within the appropriate unit. 158. DECISIONS OF NATIONAL. LABOR RELATIONS BOARD the actual production of the forgings.- Employees in the tool and- die department manufacture the tools and dies used later in making the forgings, while employees in the die-storage department handle and store such tools and dies. Employees in the inspection depart- ment inspect the completed forgings which are thereafter packed and shipped to customers by employees in the shipping department. Erfiployees in the electrical department maintain electrical equip- ment used by employees in all departments. The Union admits to membership only those employees directly engaged in the production of forgings. It does not admit to member ship or seek to represent employees not directly engaged in the "main production work of the Company, and most of such employees appear to be-eligible for membership in other labor organizations. Under all the circumstances we are of the opinion that the unit alleged by the Union is appropriate for collective bargaining pur- poses. We find that all employees of the Company in the forge, forge repair, shear, heat-treating, and trimming departments, ex- cluding supervisory and clerical employees and employees in the tool and die, die-storage, electrical, shipping, and inspection depart- ments constitute a unit appropriate for the purposes of collective bargaining and that such unit will insure to employees of the Com- pany 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 can best be resolved by an election by secret ballot. The parties agreed that if an election should be held a current .pay-roll date should be used for determining the eligibility of voters. Accordingly, `ve shall direct that those eligible to vote in the election shall be the employees in the appropriate. unit whose names ap- peared on the Company's pay roll next preceding the date of this Direction subject to such limitations and additions as are set forth in our Direction of Election herein. 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 Rockford Drop Forge Co., Rockford, Illinois, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Ac£.- ' ROCKFORD DROP FORGE COMPANY 159 2. All' employees of the Company in the forge, forge repair, shear, heat-treating, and trimming departments, excluding supervisory and clerical employees, and employees in the tool and die, die-storage, ,electrical, shipping, and inspection departments constitute a unit appropriate 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 Re-' lations 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 authorized by the Board to ascertain representatives for the purposes-of collective bargaining • with Rockford Drop Forge Co., Rockford, Illinois, 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, Milder the direction and supervision of the Regional Director for the Thirteenth 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 in the forge, forge repair, shear, heat-treating, and trimming departments whose names appear on the Company's pay roll next preceding the date of this Direction, including 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 supervisory and clerical employees and em- ployees in the tool and die, die-storage, electrical, shipping, and inspection departments and employees who have since quit or been discharged for cause, to determine whether or not they desire to be represented by International Brotherhood of Blacksmiths, Drop Forgers & Helpers, affiliated with the American Federation of Labor, for the purposes of collective bargaining.