Frank Foundries Corp.

In the Matter of FRANK FOUNDRIES CORPORATION and INTERNATIONAL UNION, UNITED AUTOMOBILE, AIRCRAFT & AGRICULTURAL IMPLEMENT WORKERS OF AMERICA, (C. I. 0.) Case No. R-3312. -Decided December 12, 1941. Jurisdiction : gray-iron castings manufacturing industry. Investigation and Certification of Representatives : existence of question : re- fusal of Company to accord union recognition until it is certified by the Board; agreed pay roll date to determine employees eligible to vote ; election necessary. Unit Appropriate for Collective Bargaining : all production and maintenance employees at the Company's plant, excluding office, clerical, and supervisory employees ; stipulation as to. Mr. David Karasick, for the Board. Oakleaf cC Churchill, by Mr. J. L. 0akleaf, and Mr. Cyrus Churchill; of Moline, Ill., for the Company. Mr. Harland D. Burcham, of Rock Island, Ill., for the Union. Mr. b"tamley L. Drexler, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On October 8, 1941, International Union, United Automobile, Air- craft & Agricultural Implement Workers of America" (C. I. 0.), herein called the Union, filed with the Regional Director for the Thir- teenth Region (Chicago, Illinois) ,t petition, and on October 29;,,1941, an amended petition, alleging that a question affecting commerce had arisen concerning the representation of employees of Frank Foundries Corporation, Moline, Illinois, herein called the Company, and request- ing 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 November 13, 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 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. 37 N L It B, No 87. 535 536 DECISIONS OF NATIONAL LABOR RELATIONS BOARD On November 14, 1941, the Regional 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 November 21, 1941, at Moline, Illinois, before Lester Asher, the Trial Examiner duly des- ignated by the Chief Trial Examiner. The Company and the Union were represented and participated in the hearing. Full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues was afforded all parties. 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. On November 28, 1941, the parties entered into a stipulation correcting certain errors in the transcript of testimony. We hereby order that the stipulation be made part of the record and the transcript be corrected accordingly. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT I. THE BUSINESS OF THE CODIPANY Frank Foundries Corporation is an Iowa corporation . It maintains its principal office and operates a plant at Davenport , Iowa. Its main plant is located at Moline, Illinois. Only the plant at Moline, 'Illinois, is involved in this proceeding . The Company is engaged in the manu- facture, sale, and distribution of gray-iron castings . From January through June 1941 , the Company purchased for its Moline, Illinois, plant pig iron, scrap , coke, sand, and other raw materials , valued at approximately $75,000. Approximately 75 per cent of these raw mate- rials were shipped to the Company 's plant at Moline, Illinois, from places outside the State of Illinois . During the same period, the Company sold approximately $200,000 worth of products of this plant. Approximately 75 per cent of these products were shipped to places outside the .State of Illinois. II. THE ORGANIZATION INVOLVED International Union, United Automobile, Aircraft R Agricultural Implement Workers of America is a labor organization affiliated with the Congress of Industrial Organizations, which admits to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION On a date shortly prior to October 17, 1941, the Union wrote to the Company requesting that the Company recognize the Union as ex- FRANK FOUNDRIES CORPORATION 537 elusive bargaining representative of the employees of the Company at its Moline, Illinois, plant. On October 17, 1941, the Company by letter replied to the Union's request and- declined to recognize the Union as such exclusive representative'unless and until the Union had been certified by the Board as such exclusive representative. The Union represents a substantial number of employees in the unit herein found to be appropriate.' 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 parties stipulated, and we find, that all "production and mainte- nance employees of the Company it its Moline, Illinois, plant, ex- cluding office, clerical, and supervisory employees, constitute a unit appropriate for the purposes of collective bargaining. We also find that said 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 which has arisen concerning the repre- sentation of employees of the Company can best be resolved by an election by secret ballot. The parties recommended at, the hearing that eligibility to vote in the election be determined on the basis of the pay roll for the period ending October 16, 1941. We shall, ac- cordingly, direct that the employees of the Company eligible to vote 1 A statement of the Regional Director introduced into 'evidence at the hearing shows that the Union submitted 101 authorization and application cards bearing apparently genuine original s.gnatures A par roll of the Company for the period ending November 18, 1941, was introduced into e idence at the healing. This pay roll contained the names of 191 em- ployees in the unit herein found to be appiopriate The Trial Examiner stated that 84 of the caids bore the signatures of persons whose names appeared on the pay roll of the Company for the period ending November 18, 1941 At the hearing the Union submitted the Trial Examiner 16 additional authorization and application cards bearing apparently genuine original signatures The Trial Examiner stated that 14 of these cards contained the signatures of persons whose names appeared on the pay roll of the Company for the period ending November 18, 1941. 538 DECISIONS OF NATIONAL LABOR RELATIONS BOARD in the election shall be those in the appropriate unit who were em- ployed by the Company during the pay-roll period ending October 16, 1941, subject to the limitations and additions set forth in the Direc- tion of Election. On 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. Frank Foundries Corporation , Moline, Illinois, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 2. All production and maintenance employees of the Company at its Moline, Illinois, plant , excluding office , clerical , and supervisory employees, 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 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 a part of the investigation ordered by the Board to ascertain representatives for the purposes of collective bargaining with Frank Foundries Corporation , Moline, 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, under 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 Regula- tions,among all production and maintenance employees of the Com- pany at its Moline, Illinois, plant, who were employed by the Com- pany during the pay-roll period ending October 16, 1941, 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 office, clerical, and supervisory employees and employees who have since quit or been discharged for cause , to determine whether or not they desire to be represented by International Union, United Auto- mobile, Aircraft & Agricultural Implement Workers of America, affiliated with the Congress of Industrial Organizations, for the pur- poses of collective bargaining.