American Steel Foundries

National Labor Relations Board - Board Decisions

Nov 28, 1952

101 N.L.R.B. 655 (N.L.R.B. 1952)

AMERICAN STEEL FOUNDRIES 655
affidavit . Admittedly, there were portions of his testimony which, standing
alone on the . cold record, appear to lend credence to some of the allegations
Contained in his affidavit. However, consideration of all his testimony and its
contradictions, coupled with regard for his demeanor on the witness stand, have
brought me to the conclusion that the material allegations in Baggott's affi-
davit are not supported by credible testimony, and I so find.
Accordingly, I find no occasion to change or amend the findings of fact, con-
clusions of law, and recommendations contained in my Intermediate Report of
August 15, 1951.
AMERICAN STEEL FOUNDRIES , ALLIANCE WORKS and INTERNATIONAL
ASSOCIATION OF MACHINISTS, AFL, PETITIONER. Case No . 8-RC-
1619. November 28, Igo
Decision and Order
Upon a petition duly filed under Section 9 (c) of the National Labor
Relations Act, a hearing was held before Charles A. Flemming, hear-
ing 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 Act, the Board
has delegated its powers in connection with this case to a three-member
panel [Chairman Herzog and Members Murdock and Peterson].
Upon the entire record in this case, the Board finds :
1. The Employer is engaged in commerce within the meaning of
the Act.
2. The labor organizations involved claim to represent certain em-
ployees of the Employer.'
3. No 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 for the following reasons :
The Petitioner requests a unit of machinists, apprentices, and
helpers at the Employer's Alliance Works. It contends that these
employees constitute a craft group to which the Board has customar-
ily granted separate representation, notwithstanding a history of col-
lective bargaining on a broader basis. In addition to challenging the
appropriateness of the requested unit as a true craft group, the Em-
ployer and Intervenor urge that the history of collective bargaining
on a multiplant basis precludes the establishment of the proposed unit.
The Alliance Works is one of 8 plants operated by the Employer.
It is a steel foundry engaged in the production of steel castings used
in various railroad and other equipment. The Employer employs
there some 600 production and maintenance employees, of whom 100
are maintenance employees making up the building and equipment
'United Steelworkers of America, CIO, was permitted to intervene upon the basis of
Its contractual interests.
101 NLRB No. 131.
656 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
department. The Petitioner would sever 11 machinists who are part
of this maintenance group from the existing bargaining unit.
The record discloses that in 1943 the Intervenor represented the
employees in question as part of the production and maintenance em-
ployees at the Alliance Works.2 The record also shows that since
1945 the Intervenor has bargained uninterruptedly for these em-
ployees as part of a single unit of production and maintenance em-
ployees at all eight plants of the Employer, including the Alliance
Works .8
In view of such an established history of collective bargaining on
a multiplant basis, it has been Board policy to require that severance
of craft employees be coextensive with the multiplant unit 4 As the
unit sought by the Petitioner is limited to the Alliance Works, we find
that it is inappropriate. We shall therefore dismiss the petition.'
Order
On the basis of the entire record in this case, the National Labor
Relations Board hereby orders that the petition filed in the instant
matter be, and it hereby is, dismissed.
2 Pursuant to a consent election in 1943, the machinists and the millwrights , voting as a
single unit , elected to become part of the over -a11 production and maintenance unit repre-
sented by the Intervenor at the Alliance Works.
8 Excluded from this unit are patternmakers at the Granite City and East St. Louis
Works , Verona Works , Alliance Works , Hammond Works, and Indiana Harbor Works,
brick masons at the Indiana Harbor Works , electricians and certain other maintenance
employees at the Granite City and East St. Louis Works. See American Steel Foundriea,
51 NLRB 78.
4 T. C King Pipe Company, 74 NLRB 468; Western Electric Company , Inc, 74 NLRB
1029; Bethlehem Steel Company, 97 NLRB 205 ; Union Steel Castings Division of Blaw-
Knox Company, 88 NLRB 209; American Viscose Corporation, 79 NLRB 958 ; Robert Oair
Company, Inc, 77 NLRB 649. American Steel Foundries, 85 NLRB 19 , is not applicable
as the Board merely directed in that case a self-determination election to be held among
metal patternmakers at the Granite City plant in order to determine whether to add them
to an existing multiplant unit of patternmakers
5 In view of our determination herein we find it unnecessary to pass upon the other con-
tentions raised by the Employer and Intervenor
ST. REGIS PAPER COMPANY and LODGE 1009, INTERNATIONAL ASsoCIA-
TION OF MACHINISTS, AFL , PETITIONER . Cases Nos. 3-RC-1017,
3-RC-1018, and 3-RC-1019. November 28, 1952
Decision and Direction of Elections
Upon a petition duly filed under Section 9 (c) of the National
Labor Relations Act, a hearing was held before John Weld, hearing
officer. The hearing officer's rulings made at the hearing are free
from prejudicial error and are hereby affirmed.
101 NLRB No. 129.