Cocker Machine & Foundry Co.

National Labor Relations Board - Board Decisions

Feb 23, 1944

54 N.L.R.B. 1562 (N.L.R.B. 1944)

In the Matter Of COCKER MACHINE & FOUNDRY COMPANY and INTER-
NATIONAL MOLDERS AND FOUNDRY WORKERS UNION OF NORTH AMER-
ICA, AFL
In the Matter Of COCKER MACHINE & FOUNDRY COMPANY and INTER-
NATIONAL ASSOCIATION OF MACHINISTS REPRESENTING LOCAL #1762
Cases Nos. 5-R-1471 and 5-R-1472 respectively.Decided February
23, 1944
Mr. A. C. Jones, of Gastonia, N. C., for the Company.
Mr. Edward Long, of East Point, Ga., for the Molders.
Mr. F. T. Cornelius, of Charlotte, N. C., for the I. A. M.
Mr. Joseph E. Gubbins, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
Upon petitions duly filed, by International Molders and Foundry
Workers Union of North America, affiliated with the American
Federation of Labor, herein called the Molders, and International
Association of Machinists, representing Local #1762, affiliated with
the American Federation of Labor, herein called the I. A. M., each
alleging that a question affecting commerce had arisen concerning
the representation of employees of Cocker Machine & Foundry Com-
pany, Gastonia, North, Carolina, herein called the Company, the
National Labor Relations Board provided for an appropriate con-
solidated hearing upon due notice before Robert A. Levett, Trial
Examiner. Said hearing was held at Gastonia, North Carolina, on,
January 20 and 21, 1944. The Company, the Molders, and the
I. A. M., appeared, participated, and were afforded full opportunity
to be heard, to examine and cross-examine witnesses, and to intro-
duce evidence bearing upon the issues., The Trial Examiner's rul-
ings made at the hearing are free from prejudicial error and are
hereby affirmed. All parties were afforded opportunity to file briefs
with the Board.
54 N. L. R. B., No. 250
1562
COCKER MACHINE & FOUNDRY COMPANY 1563
Upon the entire record in the case, the Board makes the following :
FINDINGS or FACT
I. THE BUSINESS OF THE COMPANY
Cocker Machine & Foundry Company is a North Carolina corpora-
tion, and is engaged at Gastonia, North Carolina, in the manufacture
of textile machinery. Annually, the Company purchases raw mate-
rials valued in excess of $200,000, approximately 98 percent of which
is shipped to its plant from points outside the State of North Carolina.
During the same period, the Company manufactures finished products
valued in excess of $450,000, approximately 90 percent of which is
shipped to points outside the State of North Carolina. The Company
admits that it is engaged in commerce within the meaning of the
National Labor Relations Act.
H. THE ORGANIZATIONS INVOLVED
International Molders and Foundry Workers Union of North Amer-
ica, and International Association of Machinists, representing Local
#1762, are labor organizations, affiliated with the American Federa-
tion of Labor, admitting to membership employees of the Company.
III. THE QUESTIONS CONCERNING REPRESENTATION
The •Molders and the I. A. M. have requested recognition as the
exclusive bargaining representative of certain employees of the Com-
pany. The Company refuses to extend such recognition unless and
until the appropriate units and the majority status of the Molders and
the I. A. M. therein are determined by the Board.
A statement prepared by the Regional Director introduced into
evidence, indicates that the Molders and the I. A. M. represents a sub-
stantial number of employees in the unit each alleges to be
appropriate.'
We find that a question affecting commerce has arisen concerning
the representation of employees of the. Company, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
I The Regional Director ' s statement shows that the Molders submitted 19 application
cards dated in October , November , and December 1943, all of which bear apparently
genuine signatures , and 17 of which bear names of persons whose names are listed on the
Company 's pay roll of December 21, 1943; there are approximately 24 employees in the
unit alleged to be appropriate.
The I . A. M. submitted 49 application cards dated in October and November 1943, all of
which bear apparently genuine signatures , and 46 of which bear names of persons whose
names are listed on the Company ' s pay roll of December 21, 1n43 ; there are approximately
63 employees in the unit alleged to be appropilate
1564 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
IV. THE APPROPRIATE UNITS
The Molders seeks a unit comprised of all employees of the foundry
department, excluding clerical employees, watchmen, foremen, and
all other supervisory employees. The I. A. M. requests a unit com-
prised of all production and maintenance employees, including em-
ployees in the pattern shop, warehouseman,2 but excluding employees
of the foundry department, drafting room employees, shipping clerks
and shippers, watchmen, clerical employees, executives, and super-
visory employees. ' The Company agrees with the scope of the fore-
going units. The record shows no history of collective bargaining
with respect to the employees in the units here sought.
The Company's operations are confined, in the main, to two divi-
sions, the foundry department and the machine, erecting and pattern
shops. They foundry employees are engaged in molding, pouring
metal, and various other duties usually associated with foundry work;
the employees of the machine, erecting and pattern shops are engaged
in the duties customarily performed by machinists, machine opera-
tors, pattern makers,' and other like employees. There is no inter-
change of employees between the foundry and the machine, erecting
and pattern shops, and each division has its own foreman who is
directly responsible to the plant superintendent; there is also a phys-
ical separation of the two divisions.
The physical separation of the two divisions, the dissimilarity in
work and skill required of employees therein, the total lack of inter-
change of employees between the two divisions, and the absence of
any history of collective bargaining with respect to the employees
herein involved, are compelling factors in support of the desire of the
parties that each division be found to constitute a separate appropriate
unit. We note also that the jurisdiction of the Molders is confined to
employees of the foundry while that of the I. A. M. extends only to
the remaining production and maintenance employees of the Company.
We find that the following groups of the Company's employees in
the Gastonia, North Carolina, plant, constitute units appropriate for
the purposes of collective bargaining, within the meaning of Section
9 (b) of the Act: -
(1) All employees of the foundry department, excluding clerical
employees, watchmen, foremen, and all other supervisory employees
with authority to hire, promote, discharge, discipline, or otherwise
effect changes in the status- of employees, or effectively, recommend
such action; and
2 While designated as warehouseman , it appears that his duties are , in fact , those of a
machinist ' s helper.
8 The Company employs only one pattern maker in its pattern shop.
COCKER MACHINE & FOUNDRY COMPANY 1565
(2) All maintenance and production employees, including em-
ployees in the pattern shop, and the warehouseman, but excluding
employees of the foundry department, drafting room, employees,
shipping clerks and shippers, watchmen, clerical employees, execu-
tives, and all supervisory employees with authority to hire, promote,
discharge, discipline, or otherwise effect changes in the status of
employees, or effectively recommend such action.
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the questions concerning representation which
have arisen be resolved by elections by secret ballot among the em-
ployees in the respective units 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.4
DIRECTION OF ELECTIONS
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, and pursuant to Article III, Section 9, of National
Labor Relations Board Rules and Regulations-Series 3, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Cocker Machine
Foundry Company, Gastonia, North Carolina, elections 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 Fifth Region, acting in
this matter as agent for the National Labor Relations Board, and
subject to Article III, Sections 10 and 11, of said Rules and Regula-
tions among the employees in the units found appropriate in Section
IV, above, who were employed by the Company at its Gastonia plant
during the pay-roll period immediately preceding the date of this
Direction, including employees who did not work during said pay-roll
period because they were ill or on vacation or temporarily, laid off, and
including employees in the armed forces of the United States who
present themselves in person at the polls, but excluding any who have
since quit or been discharged for cause and have not been rehired or
reinstated prior to the date of the elections; (1) to determine with
respect to the employees in the unit described in paragraph (1) of Sec-
4 Although listed on the Company's pay roll, it was stipulated that Joe Darisse, Walter
Damon, Philip Grandchamp. E. Kay, and Harry Kay are not employees of the Company
at its Gastonia plant. Accordingly, we find that these employees are ineligible to vote in
the elections hereinafter directed.
1566 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
tion IV, whether or not they desire to be represented by International _
Molders and Foundry Workers Union of North America, affiliated
with the A. F. of L., for the purposes of collective bargaining; and
(2) to determine with respect to the employees in the unit described
iii paragraph (2) of Section IV, whether or not they desire to be
represented by International Association of Machinists, representing
Local #1762, affiliated with theA. F. of L., for the purposes of collec-
tive bargaining.