Ace Foundry, Ltd.

J In the Matter of ACE FOUNDRY, LIMITED and INTERNATIONAL MOLDERS & FOUNDRY WORKERS, LOCAL 374, AFFILIATED WITH THE A. F. OF L. Case No. B-3385 .-Decided January 17, 1942 Jurisdiction : iron and semi-steel castings 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 : all employees at both plants of the Company, excluding its corporate officers, foremen , salesmen , the clerical forces, the watchmen, and those within the pattern makers' trade ; agreement as to. M. Leonard Horwin, of Los Angeles, Calif., for the Company. Messrs. William A. Lazzerini, E. A. Bird, and Reginald T. J. Prime, of Los Angeles, Calif., for Local 374. Mr. Reynolds C. Seitz, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On June 25, 1941, International Molders & Foundry Workers, Local 374, affiliated with the A. F. of L., herein called Local 374, filed with the Regional Director for the Twenty-first Region (Los Angeles, California) a petition alleging that a question affecting commerce had arisen concerning the representation of employees of Ace Foundry, Limited, Los Angeles, California, herein called the Company, and requesting an investigation and certification of rep- resentatives pursuant to Section 9 (c) of the National Labor Rela- tions Act, 49 Stat. 449, herein called the Act. On October 15, 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 the National Labor 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. 38 N L B. B, No. 79. 392 ACE FOUNDRY, LIMITED 393 On November 22, 1941, the, Regional Director issued a notice of hearing, copies of which were duly served on the Company and Local 374. Pursuant to notice a hearing was held on December 8, 1941, at Los Angeles, California, before Maurice J. Nicoson, the Trial Examiner duly designated by the Chief Trial Examiner. The Company and Local 374 were represented by counsel and partici- pated 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 various rulings on motions and on objec- tions 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 Ace Foundry , Limited is a corporation organized under and exist- ing by virtue of the laws of the State of California and has its principal office and plant at 8240 South Alameda Street, Los Angeles, California, where it is engaged in the manufacture, sale, and distri- bution of grey-iron castings, white-iron castings, semi-steel castings, and alloy-iron castings . It also operates a plant on 26th Street, Los Angeles, California, for the same purposes and in a similar manner. In the conduct and operation of the aforesaid plants, the Company, in 1940, purchased, among other materials and supplies, sand, pattern alloys, flour acetelyne gas and welding supplies , scrap iron , lime rock, soda ash, pitch, pig iron, lumber, sea-coal coke, gainister, grinding wheels, miscellaneous tools, shovels , riddles, and industrial gas, valued at $124,235 .37, all of which were purchased from vendors located within the State of California . More than $43,189.66, or about one- third, by value , of such materials and supplies was shipped to such vendors from outside California.' During the same year the Company sold products manufactured, processed , and produced by it at the aforesaid plants valued at $367,- 544.51. All the aforesaid products - were either sold or shipped to purchasers located within the State of California . The various cus- tomers use the castings purchased from the Company in the manu- facture, processing, and assembling of articles which the customers later sell. i One concern , which supplied the Company with materials valued at $45,787.77, obtained 80 percent of such materials outside California, and 6 other concerns , which supplied the Company with materials valued at $6,459.44, obtained all such materials outside California. 394 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Upon incomplete data concerning the business of certain of the Company's customers, we find that 10 concerns, which purchased products of the Company valued at approximately $68,000, in turn shipped more than $26,000 thereof, by value, out of California, and that 5 other concerns,. purchasing products of the Company valued at approximately $75,000, shipped unspecified but apparently sub- stantial proportions thereof out of California. In response to a questionnaire sent out by a Field Examiner of the Board sixteen concerns doing business with the Company stated that their business would be adversely affected by cessation of the Company's operations.' A large proportion of this group asserted that the defense emergency made it imperative that the Company remain in operation. The Company employs approximately 175 persons. II. THE ORGANIZATION INVOLVED International Molders & Foundry Workers, Local 374, affiliated with the A. F. of L., is a labor organization admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION Early in June 1941, Local 374 presented to the Company its claim to the right to be recognized as sole representative for collective bargaining. After several times informing Local 374 that it had the matter under consideration, the Company stated it would not bargain with Local 374 without a certification of the Board. Local 374 then filed the petition in this proceeding. A statement of the Regional Director introduced in evidence at the hearing shows that Local 374 represents a substantial number of employees in the unit hereinafter found to be appropriate.3 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 I The parties stipulated that the letters in response to the questionnaire might be received in evidence. - The Regional Director's statement discloses the fOnoR mg Local 374 introduced 129 applications for membership in it All but 32 of the applica- tions (which number are undated) were signed between Maich and June 1941 ; all appear to bear genuine signatures. Ninety of the applications contain names of persons whose names are on the Company's pay roll of July 21, 1941 Such pay roll contained a total of 171 names. ACE FOUNDRY, LIMITED 395 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 agree, and we find that all employees of the Company in its Alameda and 26th Street plants, with the exception of corpo- rate officers, foremen, salesmen, the clerical forces, the watchmen, and those within the pattern makers' trade, 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 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 an election by secret ballot. We shall direct that the employees in the appropriate unit who were employed during the pay-roll period immediately preceding the date of the Direction herein, subject to the limitations and additions set forth in the Direction, shall be eligible to vote. 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 Ace Foundry, Limited, Los Angeles, California, within the meaning of Section 9 (c) and Section 2 (6)• and (7) of the National Labor Relations Act. 2. All employees of the Company in its Alameda and 26th Street plants, with the exception of corporate officers, foremen, salesmen, the clerical forces, the watchmen, and those within the pattern mak- ers' trade, 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, 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 396 DECISIONS OF NATIONAL LABOR RELATIONS BOARD DriECTED that, as part of the investigation authorized by the Board to ascertain representatives for the purposes of collective bar- gaining with- Ace Foundry, Limited, Los Angeles, California, an election by secret ballot shall be conducted as early as possible, but not later that thirty (30) days from the date of this Direction, under the direction and supervision of the Regional Director for the Twenty-first 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 Company in its Alameda and 26th Street plants who were employed during the .pay-roll period immediately preceding the date of this Direction of Election, including 'employees who did not work during such pay- roll period because they were ill or on vacation or in the active mili- tary service or training of the United States, or temporarily laid off, but excluding corporate officers, foremen, salesmen, the clerical forces, the watchmen, those within the pattern makers' trade, and employees who have since quit or been discharged for cause, to determine whether or not they desire to be represented by the Inter- national Molders & Foundry Workers, Local 374, affiliated with the A. F. of L., for the purposes of collective bargaining. III the Matter of ACE FOUNDRY, LIMITED and INTERNATIONAL MOLDERS & FOUNDRY WORKERS, LOCAL 374, AFFILIATED WITH THE A. F. OF L., Case No. R-3385 CERTIFICATION OF REPRESENTATIVES February 18, 19.4 On January 17, 1942, the National Labor Relations Board issued its Decision and Direction of Election 1 in the above-entitled proceed- ing. Pursuant to the Direction of Election, an election by secret ballot was conducted on January 30,1942, under the direction and supervision of the Regional Director for the Twenty-first Region (Los Angeles, California). On January 31, 1942, the Regional Director, acting pur- suant 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. No objections to the conduct of the election or the Election Report have been filed by any of the parties. As to the balloting and its results, the Regional Director reported as follows : Total on eligibility list_______________________________________ 148 Total ballots cast________________________ ------------------------ ------------- ------- 139 Total ballots challenged ------------------------------- =------ 2 Total blank ballots_____________________________ ----------------------------- ------------- 0 Total void ballots-------------------------------------------- 0 Total valid votes counted------------------------------------ Votes cast for International Molders & Foundry Workers, 137 Local 374, A. F. L----------------------------------------- 100 Votes cast against International Molders & Foundry Workers, Local 374, A. F L-------------------------------- --- 37 By virtue of and pursuant to the power vested in the National Labor Relations Board by Section 9 (c) of the National Labor Relations 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 & Foundry Workers, Local 374, affiliated with the American Federation of Labor, has been designated and selected by a majority of all employees of 1 38 N. L R. B. 392. 38 N. L. R B, No. 79a. 397 398 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Ace Foundry, Limited, employed in its Alameda and 26th Street plants, but excluding corporate officers, foremen, salesmen, the clerical forces, the watchmen, and those within the pattern makers' trade as their representative for the purposes of collective bargaining, and that, pursuant to the provisions of Section 9 (a) of the National Labor Rela- tions Act, International Molders & Foundry Workers, Local 374, affili- ated' with the American Federation of Labor, is the exclusive repre- sentative 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.