The Connecticut Malleable Casting Co.

National Labor Relations Board - Board Decisions

Mar 8, 1946

66 N.L.R.B. 506 (N.L.R.B. 1946)

In the Matter of THE CONNECTICUT MALLEABLE CASTING COMPANY
and UNITED ELECTRICAL, RADIO AND MACHINE WORKERS OF AMERICA,
C. I. O.
Case No.1-R-,2745.Decided March 8, 1946
Messrs. Edward L. Reynolds and Howard Brooks, of New Haven,
Conn., for the Company.
Mr. Vincent J. Romeo, of New Haven, Conn., for the Union.
Mr. Harry R. Ehrlich, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by United Electrical, Radio and Machine
Workers of America, C. I. 0., herein called the Union, alleging that
a question affecting commerce had arisen concerning the representa-
tion of employees of The Connecticut Malleable Casting Company,
New Haven, Connecticut, herein called the Company, the National
Labor Relations Board provided for an appropriate hearing upon
due notice before Robert E. Greene, Trial Examiner. The hearing
was held at New Haven, Connecticut, on January 22, 1946. The
Company and the Union appeared and participated.' All parties
were afforded full opportunity to be heard, to examine and cross-
examine witnesses, and to introduce evidence bearing on the issues.
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 :
i The International Association of Machinists and the International Molders &
Foundry Workers Union of North America, A . F. of L ., were also served with notice,
but did not appear or participate herein.
66 N. L . R. B., No. 65.
506
THE CONNECTICUT MALLEABLE CASTING COMPANY 507
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
The Connecticut Malleable Casting Company is a Connecticut cor-
poration with its only place of. business at New Haven, Connecticut,
where it is engaged in the manufacture of malleable iron castings. The
approximate value of the raw materials purchased annually by the
Company is $100,000, approximately 100 percent of which is shipped
to it from points outside the State of Connecticut. The approximate
value of the finished product manufactured annually by the Company
is $400,000, approximately 60 percent of which is shipped to points
outside the State of Connecticut.
The Company admits that it is engaged in commerce, within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
United Electrical, Radio and Machine Workers of America is a
labor organization, affiliated with the Congress of Industrial Organ-
izations, admitting to membership employees of the Company.
III., THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the Union as the
exclusive bargaining representative of its employees until the Union
has been certified by the Board in an appropriate unit.
A statement of the Field Examiner, introduced into evidence at
the hearing, indicates that the Union represents a substantial number
of employees in_the unit hereinafter found 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.
IV. THE APPROPRIATE UNIT
The Union seeks a unit consisting of all maintenance and produc-
tion employees of the Company, excluding office clerical employees,
executives , foremen, or other supervisory employees with authority to
hire , promote, discharge , discipline , or otherwise effect changes in
the status of employees , or effectively recommend such action. The
2 The Field Examiner reported 44 application cards were submitted , and that the
number of employees in the unit petitioned for was approximately 60. The Com-
pany, having failed to - submit a pay roll though requested to do so, no check was
made of the cards against the Company 's pay roll.
508 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Company would exclude the maintenance employees and the two
factory clericals whom the Union would include.
The maintenance employees are under the same general supervision
as the production employees; their work varies from simple carpentry
jobs to the repairing and overhauling of machines. In view of the
close relationship and necessary integration between the work of the
maintenance employees and that of the production employees, and in
the absence of any cogent reason for their separation, we shall include
the maintenance employees together with the production employees
in the same bargaining unit .3
The factory clericals chart mold weights for the main office, do
some inspecting and handling of castings, and occasionally take work
to various departments. They are responsible to the superintendent.
The Company contends that they should be excluded because they
exercise supervisory authority. Although it appears that their com-
plaints to the superintendent concerning the work of other employees
are given consideration, they have no employees under their imme-
diate control or supervision. We are of the opinion that these em-
ployees do not possess supervisory authority within the Board's
definition thereof. We shall include them in the unit.4
We find that all production and maintenance employees, including
factory clericals, but excluding office clerical employees, executives,
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, constitute 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 an election by secret ballot among the em-
ployees 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 Rela-
See Matter of Fogel Refrigerator Company, 61 N. L. R. B. 655, and cases cited
therein. Also Matter of Scripto Manufacturing Company, 65 N. L. R. B. 222
4 See Matter of Goodman Manufacturing Company, 58 N. L. R. H. 531, and cases
cited therein.
THE CONNECTICUT MALLEAItLE CASTING COMPANY S09
tions Act, and pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 3, as amended, it is
hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with The Connecticut
Malleable Castings Company, New Haven, Connecticut, 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 supervision of the Regional Director for the First 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 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 those employees 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 or not they desire to be repre-
sented by United Electrical, Radio and Machine Workers of America,
affiliated with the C. I. 0., for the purposes of collective bargaining.
MR. GERARD D. REILLY took no part in the consideration of the above
Decision and Direction of Election.