Oil City Iron Works

National Labor Relations Board - Board Decisions

Jan 12, 1951

92 N.L.R.B. 1293 (N.L.R.B. 1951)

In the Matter Of OIL CITY IRON WORKS, EMPLOYER and INTERNA-
TIONAL MOULDERS & FOUNDRY WORKERS or AMERICA, AFL,
PETITIONER
Case No. 16-RC-599.-Decided January 12, 1951
DECISION AND DIRECTION OF ELECTION
Upon a petition duly filed, a hearing was held before James P. Wolf,
hearing officer. The hearing officer's rulings made at the hearing are
free from prejudicial error and are hereby affirmed.
Pursuant to the provisions of Section 3 (b) of the National Labor
Relations Act, the Board has delegated its powers in connection with
this case to a three-member panel [Chairman Herzog and Members
Reynolds and Murdock].
Upon the entire record in this case the Board finds t
1. The Employer, a Texas corporation, is engaged at Corsicana,
Texas, in the manufacture and sale of iron and steel products, and
also in the retail sale of plumbing fixtures and other appliances.
During the last annual fiscal period the Employer made purchases
amounting in value to approximately $350,000, of which $67,500 rep-
resented out-of-State purchases. Sales for the sane period amounted
to approximately $1,000,000.of which approximately $10,000 repre-
sented out-of-State sales, and approximately, $200,000 represented
sales to an enterprise which sells substantially in excess. of $25,000
per year outside. the- State of Texas? We find that the Employer is
engaged in commerce within the meaning of the Act and pursuant to
the Board's recently announced policy 2 that it will effectuate the
policies of the Act to assert jurisdiction in this case.
2. The labor organization involved claims to represent certain em-
ployees of the Employer.
3. A question affecting commerce exists concerning the representa-
tion of employees of the Employer within the meaning of Section
9 (c) (1) and Section 2 (6) and (7) of the Act.
4. The Petitioner seeks a unit of all production and maintenance
employees in the Employer's Corsicana, Texas, plant, excluding all
'The Board has previously found that . the Emsco Derrick and Equipment Company, to
which these sales were made, is engaged in commerce within the meaning of the Act.
See 72 NLRB 378.
a See Hollow Tree Lumber Company, 91 NLRB 635.
92 NLRB No. 190. 1293
1294 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
machine shop, office, clerical, professional, and supervisory employees
and guards and watchmen. The unit as thus described is in substance
a unit of all foundry employees, including two pattern shop employees
who make patterns for the foundry. The Employer opposes this unit
on the ground that the machine shop employees should be included.
The foundry is housed in one building under the supervision of a
foreman. It consists of core, cleaning room, core knockdown and
sandblast, shakeout, cupola, yard labor, and maintenance sections.
The machine shop is located in a separate building. Its employees
perform duties entirely different in nature from the production of
the foundry, it has separate supervision, and there is no interchange
of personnel.
It is apparent from the foregoing that the unit sought is substan-
tially the same as foundry units previously found appropriate by the
Board 3.
We find that the following employees of the Employer constitute
a unit appropriate for'the purposes of collective bargaining within
the meaning of Section 9 (b) of the Act: all employees of the Em-
ployer's foundry and pattern shop including warehouse, yard, and
maintenance employees, excluding clerical, professional, and super-
visory employees 4 as defined by the Act.
[Text of Direction of Election omitted from publication in this
volume.]
See National Farm Machinery Cooperative, Inc., 88 NLRB 125.
* Excluded from the above -described unit as supervisors are the 5 lead men. Although
the Employer urges that they have no authority to hire, discharge , discipline, or transfer
employees , or effectively recommend such action , they are responsible directly to the foundry
superintendent for the operations of their sections. They supervise working groups In
the foundry of from 3 to 20 men. We believe and find-that these men responatbly direct
their respective grascps so as to be classified as supervisors within the meaning of the Act.