Precision Casting Co., Inc.

National Labor Relations Board - Board Decisions

Jun 27, 1940

24 N.L.R.B. 1045 (N.L.R.B. 1940)

In'the Matter Of PRECISION CASTINGS COMPANY, INC. and NATIONAL
ASSOCIATION.OF DIE CASTING WORKERS, LOCAL #4, C. I..0.
Case No. R-1861.-Decided June ^7, 194,0
Metal Die, Tool and Die Casting Manufacturing Industry-Investigation of
Representatives : controversy concerning representation of,, employees :- contract:
entered into with rival union after notice by petitioning union of claim to repre -
sent employees , offer to prove majority, and request for . bargaining , no bar to-
Unit Appropriate for Collective Bargaining : controversy , as to whether single-
cr two-plant unit- appropriate ; permanent employees , at one plant , including
tool makers , die, makers , apprentices , engravers , and trimmers , excluding office
and supervisory employees , engineers , and draftsmen found to -be an appro-
priate unit-Election Ordered .
Mr. Peter J. Crotty; for the Board:
Hiscock, Cowie, Bruce &.Lee, by Mr. H. Duane Bruce, of Syracuse,
N. Y., for the Company.
Mr. Edward Lamb,. of Toledo, Ohio, for the Die Casting Workers.
Mr. Paul R: Shanahan, of Syracuse, N. Y., for the Independent.
Miss Marcia Hertzmark, of counsel to the Board.
AND
DIRECTION OF ELECTION
On April i8, 1940, National Association of Die Castilig Workers;
Local #4, C. LO.; herein called the Die Casting' Workers, filed with
the Regional, Director for the Third Region ( Buffalo, New York) a
petition alleging that a question 'affecting commerce -had arisen con-
cerning. the iepresOntation of employees of `Precision Castings' Com-
pany, Inc., Syracuse, New York, herein, called- the Company; and,
requesting an investigation and certification of representatives pur-
suant to Section 9 (c) .of the National-Labor Relations Act, 49 Stat.
449, herein called the Act. OnMay 6, 1940, the National Labor Rela-
tions 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 amendedi ordered an in-
vestigation _and authorized. the Regional Director to conduct Wand
to provide for, an appropriate hearing upon due notice. .
24 N. L . R. B., No. . 116. 1045
283035-42-vol. 24-67
1046 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
On May 10, 1940, the Regional Director issued a notice of hearing,
copies of which were duly served upon the Company, the Die Casting
Workers, and Precision Employees Independent Union, herein called
the Independent.
Pursuant to notice, a hearing was held on May 23 and 24, 1940,
at Syracuse, New York, before Peter. F. Ward, the Trial Examiner
duly designated by the Board. The Board, the Company `the Die
Casting Workers, and the Independent were represented by counsel
and participated in the hearing. Full opportunity to be heard, to
examine and cross-examine witnesses and to introduce evidence bear-
ing 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. The Company,
the Die Casting Workers, and the Independent filed briefs which have
been considered by the Board.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Precision Castings Company, Inc., a New York corporation having
its principal office in Fayetteville, `New York, is engaged in the manu-
facture' of dies, tools, and die castings. The Company operates a die-
end tool-making plant at Syracuse, New York; and complete die-cast-
ing plants at Fayetteville, New York, and Cleveland, Ohio. At its
Syracuse plant the Company manufactures dies which are sent to its
other plants and there used in the making of zinc and aluminum die
castings. The raw materials used at the Syracuse plant are steel and
cast iron. In 1939 the value of such raw materials was, approximately,
$30,000, of which sum about 20 to 25 per cent represented the value
of raw materials shipped to the Syracuse plant from outside the State
of New York. The value of the dies manufactured at the Syracuse
plant during, 1939 was approximately $160,000. About 90 per cent,
of that amount represented the value of dies sent to the Fayetteville
plant and about 10 per cent represented the value of dies.shipped. to
the Cleveland plant of the Company. At the time of the hearing the
Company employed about 99 persons at its, Syracuse, plant and be-
tween 650 and 700 at its Fayetteville plant.
II. THE ORGANIZATIONS INVOLVED
National Association of Die Casting Workers,.Local *4, is a labor
organization affiliated with the Congress of Industrial Organizations.
PRECISION CASTINGS COMPANY, INC. 1047
It admits to membership employees -of the Company working at the
Fayetteville and Syracuse plants.
Precision Employees Independent Union is an unaffiliated labor
organization admitting to membership employees of the Company 'at,
its Fayetteville and Syracuse plants who do not have disciplinary
powers or the authority to hire or discharge.
III. THE QUESTION CONCERNING REPRESENTATION
The Die Casting Workers began its efforts to negotiate with the
Company in January 1939. On March 14, 1939, it filed with the Board
a petition, and on May 11, 1939, an amended petition, requesting an
investigation and certification of representatives., In these petitions
the Die Casting Workers claimed that "production and maintenance
employees (excluding supervisory, foremen, sub-foremen, clerical and
watchmen) of the Fayetteville and Syracuse plants" constituted an
appropriate unit. In July the Die Casting Workers attempted unsuc-
cessfully to secure the Company's consent to the holding of an election
by secret ballot to determine the employees' choice of representatives
in the unit" claimed to be appropriate in its petition. Pursuant to a .
request by the Die Casting Workers, 7the Board issued an order per-
mitting withdrawal of the petition on October 3, 1939.
On October 23, 1939, the Die Casting Workers sent to the Company
a letter stating that it represented a majority of the Company's em-
ployees in the three plants and requesting that collective bargaining
negotiations be commenced. A copy of a proposed contract was en-,
closed. The Company replied by letter of October 28 requesting that
it be advised as to what bargaining units the Die Casting Workers
desired and that information be furnished as to the number of em-
ployees in each unit. On October. 31 the Die Casting Workers wrote
a letter to the Company stating that it represented a majority of the
employees in each of the plants of the Company and offering to estab-
lish such majority by a, check of membership cards against the Com-
pa:ny's records or' by an election. The letter further. stated that al-
though the Die Casting Workers felt that all three plants constituted
a proper unit for collective bargaining, it was willing to discuss the
possibility of bargaining on a plant-by-plant basis. In a letter dated
November 3',the Company answered that the letter of the Die Casting
Workers did not contain the information requested and`that the Com-•
pany,'s information indicated that. the Die. Casting Workers did not
then "represent a majority of our employees in the units . thereof
appropriate for.collective bargaining."
Through the efforts of a conciliator of the 'United States Depart-
ment.of Labor,•a conference was then held between representatives of
' Case No . III-R- 1is.
1048 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the Die-Casting Workers and Bruce, the attorney for the Company,'oii
November 11. Bruce informed the conferees that he had no authority
to speak for the Company. On the same day the Company signed a
contract, with`.the Independent; recognizing it as the exclusive repre=
se . ntative of employees of the Fayetteville and Syracuse plants, exclu-
sive of "persons whose duties' are executive, administrative, man,
agerial,, supervisory, professional, or confidential in their nature."
The contract was to run -for 1 year and from year to year"thereafter
unless ;,terminated by 30 days'. written notice by either party to the
other prior to the,expiration of, any, yearly term. It.covered wages,
hours, ;and, other; conditions of employment.
The Company and the Independent. contend, that, the. Syracuse and
Fayetteville plants constitute an,appropriate unit, that, since there
is a valid contract between them recognizing the Independent as the,
exclusive representative. of the employees in such unit, no question.
-concerning representationr`has- arisen with ;respect to the employees in.
the' Syracuse plant, and! thab,the Board should dismiss . the petition.
filed by the Die Casting: Workers. The record. discloses that the Inde-
pendent's negotiations with .the Company occurred after November 3;
1939, when the Company had already been presented with a' request
for negotiations on tthe ;part ,of the .Die Casting Workers and had' full
notice of its, representation claims'and its claims 'as to the appropriate
bargaining unit:2 ,The contract was signed in the face of an offer by the,
Die-Casting Workers to prove its majority. in all plants'and after insist-
ent and recent demands on' its, part for conferences.. Moreover,
although,Arthur E. Martin, Jr., the president of the Independent, testi-
fied. that. a check of the Independent's membership cards by rep resenta=;
tives of the, Company and 'of the Independent revealed that it repre
sented :,a majority :-of' the employees in both. the; Syracuse and
Fayetteville 'plants; • there is no,evidence. that the Independent repre-:
sented a majority of the employees at the Syracuse plant, and no spe-.
cific' evidence ' in support of the general claim that the Independent:
represented . a majority in both plants. Under the circumstances, the
contra'ct;between:the Company and the Independent does not constitute`
a.bar'to the instant'proceeding.8,
e In its brief ..the Company contends that it had no notice of the Die Casting Workers'-
chan_edviews , with respect 'to' the appropriate bargaining unit until the present petition
was filed .- on May : 13,,;1040.,' )[t-states that althougli the Die Casting Workers' letter of
October 31 , 1939. said "We are not averse to discussing the possibility of bargaining
on a plant by plant basis , no mention was made that they claimed the Syracuse opera-
tion constituted a - separate plant. - However, , the first part of, the sentence quoted by
the Company states , "We feel that all ..three. plants constitute a proper unit for collec-
tive bargaining . " and leaves no' room for doubt that' the Die ' Casting ' Workers'
considered the Syracuse operation as a separate plant.
a Matter of J. Edwards . & Co . and United Shoe Workers of America, Local 127 , C. I. 0.,
20 N. L. R. B. , 244; Matter of Stokely Brothers ci Company , Inc. and Van Camp's, Ino.
and Federal Labor Union No. 21752, Affiliated with A. F. of L., 15 N. L. R. B. 872;
Matter of Colonic Fibre Company , Inc. and Cohoes Knit Goods Workers Union No. 21514,
.A. F. of L., 9 N. L. R . B. 658.
PRECISION CASTINGS COMPANY, INC. 1049
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 rela-
tion 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 petition, as amended at the hearing, alleges that the appropriate
unit consists of tool makers, die makers, apprentices and engravers
at the Syracuse plant of the Company. The Die Casting. Workers
denies, however, that it thereby seeks the establishment of a craft unit
..but claims that the classifications named include all the permanent
production and maintenance employees of the Syracuse plant. The
Company. and the Independent contend. that the Fayetteville and
Syracuse plants together constitute an- appropriate unit and that the
Syracuse plant is in reality merely a department of the Fayetteville
plant.
The Syracuse plant is a complete die shop and the Fayetteville plant
is a complete die-casting shop, including a die department, a casting
department, a trimming department, and a shipping department. The
plants are about 8 miles apart and shipments of materials between
them are made in Company trucks. Departmental seniority is
observed throughout both plants, with a separate seniority list for the
die and tool makers in each plant. Except that the die makers at
the Syracuse.: plant work 6 days a -week and those at Fayetteville work
5 days a week, conditions of employment at the two plants are prac-
tically the same. There is some interchange of supervisory employees
but die makers are not transferred from one plant to the other. The
Die Casting Workers admits to membership employees of both plants
but, according to the testimony of its witnesses, intends to establish
separate locals in the event that it is successful in securing a collective
bargaining agreement with the Company for the Syracuse-plant.
Although a witness for the Independent testified that it had mem-•
hers in the Syracuse plant, he did not disclose their number. It ap-
pears further that no employee of the Syracuse plant is an officer of
the Independent nor is on its grievance committee, and that no em-
ployee of that plant was a member of the committee which prepared
the constitution and bylaws of the Independent. Under these cir-
1050 DECISIONS' OF NATIONAL LABOR RELATIONS BOARD
cumstances, and in view of, the fact that the employees of the Syra-
cuse plant have apparently not assented to the unit covered by the
Company's contract with the Independent-as evidenced in part by
the filing of the petition herein soon after the contract was executed=
we feel that, although a unit' composed of employees of both plants
may be appropriate, the employees of the Syracuse plant should be
granted an opportunity to express their desires as to a choice of rep-
resentatives. We find, therefore, that the Syracuse plant alone con-
stitutes 'an appropriate unit.4
There remains, however, a question as to the inclusion within the
unit of trimmers in the Syracuse plant. The Die Casting Workers
seeks their exclusion on the ground that they are not permanent em-
ployees of. the plant ' engaged in the regular work thereof. The
trimmers were installed in the Syracuse plant for the first time on
about October 15, 1939, and their number thereafter reached 50. at
one time. For a period of about 4 weeks beginning in February 1940
there; were no trimmers in either the Syracuse or Fayetteville plants
but thereafter they were again employed and at the time of the hear-
ing there were approximately 25 trimmers in the Syracuse plant. The
trimmers are engaged in trimming the rough edges off the molds or
castings made at the Fayetteville plant from dies made at both plants.
J. W. Knapp, vice president and general manager of the Company,
testified that about 10 days prior to the hearing in this case the Com-
pany had entered into a contract which-would assure their employ-
ment for a year beginning about August 15, 1940. The Die Casting
Workers admits the trimmers to membership and admits that they
should fall within a unit of production and maintenance employees
if they are found not to be temporary employees. We see no reason
for excluding the trimmers from an industrial unit such as has been
found appropriate here.5
We find that the permanent employees at the Syracuse plant of the
Company, including tool makers, die makers, apprentices, engravers
and trimmers , excluding office and supervisory employees, engineers,
and draftsmen,6 constitute a unit appropriate for the purposes of col-
4 See Matter of Allied Laboratories , Inc. (Pitman -Moore Division ) and Indianapolis
Specialty Union .tt465, Affiliated -with the Internat;onal Printing Pressmen and Assistants'
Union., a."'liated with A. F. of L., 23 N. L. It. B. 184.
5 Cf. Matter of Quaker Oats Company and United Cereal Workers, Local No. 688 (CIO),
24 N. L. R. B. 589 ; Matter of Richards -Wilcox Manufacturing Company and Federal Labor
Union No. 18589, 2 N. L. It. B. 97
s At the hearing the Die Casting workers requested the exclusion of office employees,
entrine.ers , and draftsmen . ' In its brief it asked the exclusion of supervisory employees.
The contract between the Company and the Independent excludes executive. administrative,
managerial, supervisory, professional, or confidential employees, and specifically excludes
m.etal'ur"iets . en-ineers , superintendents , foremen , assistant foremen , time-study men,
pay-roll clerl -s, efficiency clerks. timekeepers , personal secretaries to officers , accountants,
auditors, and persons being trained in production work in view ' of later transfer to
executive , plant supervision ,. or commercial positions . The exclusions from the ap-
pI.-opriate unit are in accord with the desires of all parties to the proceeding.
PRECISION CASTINGS COMPANY, INC. 1051
lective bargaining , and that said unit will insure to employees of the
Company the full benefit of their right to self-organization and to col-
lective bargaining and otherwise effectuate the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
There is included in the record a statement by the Regional Director
concerning evidence submitted to him by the Die Casting Workers
to prove its representation of 48 employees in the unit alleged to be
appropriate . The report shows that the Die Casting Workers rep-
resents a substantial number of employees in the appropriate unit.
It does not appear what membership the Independent has in the unit
found to be appropriate . We find that the question concerning repre-
sentation which has arisen can best be resolved by holding an election
by secret ballot. We shall direct that such an election be held.
In its brief filed with the Board the Die Casting Workers requested
that, in the event it should be decided that trimmers are included
within the unit, the pay-roll date of May 22, 1940 , be adopted. How-
ever, we see no reason for not following our usual practice and adopt-
ing a current pay-roll date . We shall direct that the persons eligible
to participate in the election shall be the employees in the appropriate
unit who were employed by the Company at its Syracuse plant during
the pay-roll period next preceding this Direction , including employees
who did not work during such pay-roll period because they were 'ill
or on vacation and employees who were then or have since been tem-
porarily laid off, but excluding those who have since quit or been
discharged for cause.
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 Precision Castings Company, Inc., Syracuse,
New York, within the meaning of Section 9 (c) and Section 2 (6)
and (7 ), of the National Labor Relations Act.
2. The permanent employees at the Syracuse plant of the Company,
including tool makers , die makers , apprentices , engravers , and trim-
mers, excluding office and supervisory employees , engineers._ and
draftsmen , 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-
1052 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Lions. 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 part of the investigation ordered by the Board
to ascertain representatives for the purposes of collective bargaining
with Precision Castings Company, Inc., Syracuse, New York, an elec-
tion 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 Third
Region, acting in this matter as agent for the National Labor Rela-
'tions Board, and subject to Article III, Section 9, of said Rules and
Regulations, among. all permanent employees at the Syracuse plant
of. Precision Castings Company, Inc., including tool makers, ' die
makers, apprentices, engravers, .and. trimmers, who were employed by
the Company during the pay-roll period 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 and employees
who were then or have since been temporarily laid off, but excluding
office and supervisory employees, engineers and draftsmen, and em-
ployees Who have since quit or been discharged for cause, to determine
whether they wish to be represented for the purposes of collective bar-
gaining by National Association of Die Casting Workers, Local #4,
C. I. 0., by Precision Employees Independent Union, or by neither.
MR. EDWIN S. SMITH took no part in the consideration of the above
Decision and Direction of Election.