The Chicago Hardware Foundry Co.

National Labor Relations Board - Board Decisions

Feb 19, 1945

60 N.L.R.B. 743 (N.L.R.B. 1945)

In the Matter of THE CHICAGO HARDWARE FOUNDRY COMPANY and
BARGAINING COMMITTEE OF EMPLOYEES OF THE CHICAGO HARDWARE
FOUNDRY COMPANY
Case No. 13-R-2741.-Decided February 19, 194.5
Mr. Carlton T. Olds, of Elkhart, Ind., for 'the Company.
Mr. L. C. Wilmore, of Elkhart, Ind., for the Committee.
Mr. Ray Hartlein, of Fort Wayne, Ind., for the U. S. A.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by Bargaining Committee of Employees
of The Chicago Hardware Foundry Company, herein called the Com-
mittee, alleging that a question affecting commerce had arisen con-
cerning the representation of employees of The Chicago Hardware
Foundry Company, Elkhart, Indiana, herein called the Company, the
National Labor Relations Board provided for an appropriate hearing
upon due notice before Gustaf B. Erickson, Trial Examiner. Said
hearing was held at Elkhart, Indiana, on January 26, 1945. At the
commencement of the hearing the Trial Examiner granted a motion
of United Steelworkers of America, Lodge 2238, C. I. 0., herein called
the U. S. A., to intervene. The Company, the Committee, and the
U. S. A. appeared at and participated in the hearing and all parties
were afforded full opportunity to be heard, to examine and cross-
examine witnesses, aid to introduce evidence bearing on the issues.
During the course of the hearing, the U. S. A. moved to dismiss the
petition. The Trial Examiner reserved ruling thereon. The motion
is hereby denied. The Trial Examiner's rulings, made at the hearing
are free from prejudicial error and are hereby affirmed. All parties
were afforded opportunity to file briefs with the Board.
-Upon the entire record in the case, the Board makes the following :
60 N. L. R. B., No. 125.
743
744 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
The Chicago Hardware Foundry Company, is an Illinois corpora-
tion operating a plant at Elkhart, Indiana, where it is engaged in the
production of gray iron castings. During the 6-month period pre-
ceding the hearing, the Company purchased materials valued in excess
of $57,000 for use at its -Elkhart plant, about 70 percent of which was
shipped to it from points outside the State of Indiana. During the
same period, the Company sold products from its Elkhart plant val-
ued in excess of $90,000, about 75 percent of which was shipped to
points outside the State of Indiana.
The Company admits that it is engaged in commerce within the
meaning of-the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
Bargaining Committee of Employees of The Chicago Hardware
Foundry Company is a labor organization, admitting to membership
employees of the Company.
United Steelworkers of America, Lodge 2238, is a labor organiza-
tion affiliated with the Congress of Industrial Organizations, admit-
ting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
During October 1944, the Committee requested the Company to rec-
ognize it as the exclusive collective bargaining representative of the
employees at the Elkhart plant. The Company refused this request
until such time as the Committee was certified by the Board.
Since 1941, the U. S. A. has entered into collective bargaining agree-
ments with the Company. The last of these agreements, made between
the Company and the U. S. A., was dated April 1, 1943. It provided
that it shall remain in full force and effect until March 2, 1944. The
contract does not contain an automatic renewal clause. On January
31, 1944, the-U. S. A. requested the Company to enter into negotiations
for a new contract. The Company and the U. S. A. met on February
28, 1944, at which time the latter presented a proposed contract. The
parties were unable to agree-on all the terms of the proposed contract
and the disputed items were thereafter certified to the War Labor
Board.- On April 17, 1944, the War Labor Board entered an Interim
Order requiring that the U. S. A. and the Company continue operating
under the prior contract terms and conditions until the differences
could be resolved. On May 31,1944, the War Labor Board advised the
parties that all issues which had been certified to it were now referred
THE CHICAGO HARDWARE FOUNDRY COMPANY 745
back to the parties for further collective bargaining. Neither the
U. S. A. nor the Company has made any attempts to resume collective
bargaining since May 31,1944. The U.S.A. contends that the Interim
Order of the War Labor Board extended the life of the contract, al-
luded to above, and that, therefore, the U. S. A. is still the collective
bargaining agent of the employees. It contends, therefore, that the
petition should be dismissed. It should be noted, as.stated above, that
the 1943 contract between the Company-and the U. S. A. did not contain
an automatic renewal clause. We are persuaded that the instant pro-
ceeding is not barred by reason of a continuance of the contractual rela-
tionship between the Company and the U. S. A., resulting from the
April 17, 1944, Interim Order of the War Labor Board. Assuming
such continued existence of the 1943 contract, it is clear that its term is
now of an indefinite duration. The record further discloses that there
are no issues between the U. S. A. and the Company presently pending
before the War Labor Board. We conclude that there is nothing in the
contractual relationship between the Company and the U. S. A. to bar a
determination of representatives at this time.
A statement of a Field Examiner of the Board, introduced into evi-
dence at the hearing, indicates that the Committee represents a sub--
stantial number of employees in the unit hereinafter found to be ap-
priate.l
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.
IV. THE APPROPRIATE UNIT
The Committee and the U. S. A. contend that all production and
maintenance employees at the Elkhart plant of the Company, including
watchmen, but excluding office, clerical, and supervisory employees,
constitute a unit appropriate for the purposes of collective bargaining.
The only controversy with respect to the unit concerns watchmen.
The Company would exclude them from the unit.
The Company employs three watchmen at its Elkhart plant, none of
whom are armed or militarized. The watchmen work under the
supervision of the maintenance department and spend a majority of
their time firing boilers and assisting in general production and main-
tenance work. We shall include them in the unit.
We find that all production and maintenance employees at the Elk-
hart plant of the. Company, including watchmen, but excluding office
' The Field Examiner reported that the Committee presented an authorization petition
bearing the names of 38 employees There are approximately 43 employees in the appro-
priate unit The U. S. A. did not present any evidence of representation but relies upon
its contract as evidence of its interest in the instant proceeding.
746 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
and clerical employees, 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, consti-
tute a unit appropriate for the purposes of collective bargaining,
within the meaning of Section 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by means of an election by secret ballot among
the employees in the appropriate unit who were employed during the
pay-roll period immediately preceding the date of the Direction of
Election herein, subject to the limitations and additions set forth in
the Direction.
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 Relations Act,
and pursuant to Article III, Section 9, of National Labor Relations
Board Rules and Regulations-Series 3, as amended, it is heieby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with The Chicago Hard-
ware Foundry Company, Elkhart, Indiana, 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 super-
vision 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, Sections 10 and 11, of said Rules and Regula-
tions, among the employees in the unit found appropriate in Section
IV, above, who were employed 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 election,
to determine whether they desire to be represented by Bargaining
Committee of Employees of The Chicago Hardware Foundry Com-
pany, or by United Steelworkers of America; Lodge 2238, C. I. 0., for
the purposes of collective bargaining, or by neither.
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