Baltimore Castings Corp.

National Labor Relations Board - Board Decisions

Apr 2, 1947

73 N.L.R.B. 128 (N.L.R.B. 1947)

In the Matter of BALTIMORE CASTINGS CORPORATION, EMPLOYER and
UNITED STEELWORKERS OF AMERICA, CIO, PETITIONER
In the Matter of BALTIMORE CASTINGS CORPORATION, EMPLOYER and
INTERNATIONAL ASSOCIATION OF MACHINISTS, LODGE #186, DIST.
#12, PETITIONER
In the Matter of BALTIMORE CASTINGS CORPORATION, EMPLOYER and
PATTERN MAKERS LEAGUE OF NORTH AMERICA, DISTRICT #3, AFL,
PETITIONER
Cases Nos. 5-R-2718,.5-R-27927, and 5-R-2'i'7^?, respectively.-Decided
April 0, 1947
Mr. Edward L. Rich, of Baltimore, Md., for the Employer.
Messrs. Lawrence Bench and Joseph Neal, both of Baltimore, Md.,
-for the Steelworkers.
Mr. Claude tile. 'FFairfield, of Baltimore, Md., for the Machinists.
Mr. Eli J. Oakley, of Washington, D. C., for the Pattern Makers.
Mr. Stanley Segal, of counsel to the Board. .
DECISION
AND
DIRECTION OF ELECTIONS
Upon separate petitions duly filed, a consolidated hearing in these
cases was held at Baltimore, Maryland, on December 4, 1946, before
Earle K. Shawe, hearing,officer. The hearing officer's rulings made
at the hearing are free from prejudicial error and are hereby affirmed.
Upon the entire record in the case, the National Labor Relations
Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE EMPLOYER
Baltimore Castings Corporation, a Maryland corporation with
offices and place of business in Baltimore, Maryland, is engaged in the
manufacture of cast iron soil pipes and soil pipe fittings. From the
commencement of its operations in July 1946 to December 1946, it
purchased raw materials and equipment Valued at about $756,000, of
which approximately 6 percent was shipped to its plant from outside
the State of Maryland. During the salve period it manufactured
73 N L. R. B., No. 20.
128
BALTIMORE CASTINGS CORPORATION 129
finished products valued at about $27,400, of which approximately
80 percent was shipped out of the State. The Employer estimates that
its annual sales of finished products will exceed $500,000, of which
approximately 50 percent will be shipped out of the State.
The Employer admits for the purposes of this proceeding, and we
find, that it is engaged in commerce within the meaning of the
National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
United Steelworkers of America, herein called the Steelworkers,
is a labor organization affiliated with the Congress of Industrial
Organizations, claiming to represent employees of the Employer.
International Association of Machinists, Lodge #186, Dist. #12,
herein called the Machinists, in an unaffiliated labor organization,
claiming to represent employees of the Employer.
Pattern Makers League of North America, District #3, herein
called the Pattern Makers, is a labor organization affiliated with the
American Federation of Labor, claiming to represent employees of
the Employer.
ICI. TH1,QUESTIONS CONCERNING REPRESENTATION
The Employer refuses to recognize any of the labor organizations
herein as the exclusive bargaining representative of any of its em-
ployees until such labor organizations have been certified by the
Board in an appropriate unit or units.
We find that questions affecting commerce have arisen concerning
the representation of employees of the Employer within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
1V. THE APPROPRIATE UNITS; THE DETERMINATION OF REPRESENTATIVES
The Steelworkers seeks a unit of all production and maintenance
employees, including trainees, janitor, instructor, storekeeper, ma-
chinists, welders, maintenance mechanics, carpenters, tool makers,
electricians, and helpers to the aforesaid skilled employees, but ex-
cluding pattern makers and their apprentices, casual employees, time-
keeper, guards, watchmen, office and clerical employees Sand super-
visors. The Machinists desires a unit of all machinists, welders,
maintenance mechanics, carpenters, tool makers, electricians and help-
ers to the foregoing skilled mechanics, excluding pattern makers and
their apprentices and supervisors. The Pattern Makers urges a unit
of pattern makers and their apprentices, excluding supervisors. The
Employer is neutral with respect to the number of units established.
It agrees as to the proposed inclusions and exclusions except insofar
as trainees, the instructor, and the janitor are concerned. As noted
130 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
above, the Steelworkers desires to include them in its unit; the Em-
ployer would exclude them.
The Employer's operations are organized into two prilicipal de-
partments, the foundry and the pattern shop, respectively, each of
which is in a separate building and is separately supervised. The
foundry employs molders, coremakers, furnace men and helpers.
These men are engaged directly in manufacturing the soil pipes and
the fittings produced by the Employer. The pattern shop has pattern
makers and their apprentices to make wood patterns and various
skilled mechanics such as machinists, electricians, and welders for
general maintenance work.'
None of the parties object to the creation of a separate unit for the
pattern makers and their apprentices. Inasmuch as these employees
constitute a well-recognized craft group, we shall establish them as
a separate unit.'
The foundry and maintenance employees could unquestionably con-
stitute a single appropriate unit as requested by the Steelworkers,
inasmuch as they are part of a single enterprise.' On the other hand,
the skilled craft employees and their helpers engaged in maintenance
work may also, as the Board has held in other cases, constitute a sep-
arate appropriate unit.4 In these circumstances, the customary solu-
tion is for the Board to direct self-determination elections among the
employees in these voting groups before determining the appropriate
unit or units. The Steelworkers contends, however, that in 1943, the
Board did direct such elections among the foundry and maintenance
employees at this plant and as a result of this election found a single
unit of both groups appropriate.5 The Steelworkers argues that this
previous determination of the Board is conclusive of the propriety of
a single unit.
The facts in connection with this contention are as follows: The
present plant was formerly owned by Maryland Sanitary Manufac-
turing Corporation which was engaged until August 1945 in manu-
facturing war materials for the United States Navy. In July 1945,
the Employer purchased the plant and converted it to the manufacture
of soil pipes. The Employer is in no way connected with the former
owner. Its operations, its machinery and its end products are dif-
ferent from those of the Maryland Sanitary Corporation. The nuin-
'Pout miiclumsts regularly work in the ioundiv, but they are supervised by the patent
shop foreman
2 See Matter of lVestiaghouse Electric Corporation, 69 N. L it. B 215, and Matter of
Landis Toot Company, 65 N. L. R B 1279.
* See Matter of Mat land Sanitaiy Manufacturing Corporation, 53 N L It B 1490
4 See Matter of Doughnut Corpoiation of America, 66 N L. It B 1231 , Matter of Electra
Metallurgical Company, 56 N L. R B 1464
5Matter of Maryland Sanitary Mannfactui eq Corporation. supra . After the Boards
certification, Maiyland Sanitary Manutacturing Corporation and the Steelworkers entered
into a collective bargaining contract which was effective fioar January 1945 to August 1945,
when the Company ceased operations
BALTIMORE CASTINGS CORPORATION 131
ber of present employees is only one-third as large as the number
employed by the previous owner and, of the present employees, only
:iO percent formerly worked for the Maryland Sanitary Corporation.
Finally, the voting groups.set up in the earlier decision consisted of
(1) foundry employees and (2) machine and shell shop employees.
There is no shell shop at this time. In view of the different owner-
ship and operations, Ave are of the opinion that the Board's unit find-
ing in the illaryland Sanitary illanufactevi,ing Corporation case is
not controlling.
Inasmuch as the foundry and maintenance employees may consti-
tute either a single unit, or two separate units, we shall defer making
any unit findings. as to these employees pending the outcome of the
elections directed hereinafter. Our unit findings will be determined,
in part, by the desires of the employees themselves, as expressed in
the elections.
Disputed categories
The Employer employs five or six trainees in the foundry who are
learning to become coremakers. The Employer would exclude them
from the unit requested by the Steelworkers on the ground that the
ability of the trainees to become coremakers has not yet been deter-
mined. The trainees work side by side with regular employees under
the sane working conditions. We shall, therefore, include them in
the unit."
The Employer would exclude the instructor of the trainees from the
unit on the ground that he has supervisory authority. It is apparent
from the record that the instructor can effectively recommend changes
in the status of trainees and that lie exercises the same authority over
the trainees as do foremen over regular employees. We find that the
instructor is a supervisor within the Board's customary definition.
We shall exclude him.
The Employer employs one janitor whom it would exclude al-
legedly because lie performs a substantial part of his work in the
office. It appears that the janitor works in both the office and the
foundry proper, performing janitorial services in both places. He
is an hourly paid employee. In view of the fact that a large part
of the janitor's work is in the foundry, we shall include him in the
unit.
We find that all pattern makers and their apprentices, excluding
all supervisory employees, with authority to hire, promote, discharge,
discipline, or otherwise effect changes ii-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.
6 See Matter of Served, Inc , 65 N. L . R B. 1067.
132 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
We shall direct that three separate elections by secret ballot be
held among the employees in the unit found appropriate above and in
the two voting groups described below, who were employed during the
pay-roll period immediately preceding the date of the Direction of
Elections herein, subject to the limitations and additions set forth in
the Direction :
(1) All machinists, welders, maintenance mechanics, maintenance
man-mechanical (grinding. room), mechanic and maintenance man
(foundry), carpenters, tool makers, electricians and helpers to the
foregoing skilled mechanics, excluding pattern makers and their ap-
prentices and all supervisory employees with authority to hire, pro-
mote, discharge, discipline, or otherwise effect changes in the status,
of employees, or effectively recommend such action;
(2) All foundry employees, including trainees and janitor, but
excluding pattern makers and their apprentices, machinists, weld-
ers, maintenance mechanics, maintenance man-mechanical (grinding
room), mechanic and maintenance man (foundry), carpenters, tool
makers, electricians and helpers to the foregoing skilled mechanics,
casual employees, timekeeper, watchmen, guards, office and clerical em-
ployees, instructor, and all other supervisory employees with author-
ity to hire, promote, discharge, discipline, or otherwise effect changes
in the status of employees, or effectively recommend such action.
DIRECTION OF ELECTIONS
As part of the investigation to ascertain representatives for the pur-
poses of collective bargaining with Baltimore Castings Corporation,
Baltimore, Maryland, elections 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 Fifth Region, acting in this hatter as agent for the
National Labor Relations Board and subject to Sections 203.55 and
'203.56, of National Labor Relations Board Rules and Regulations-
Series 4, among the employees in the appropriate unit and voting
groups described in Section IV, above, who were employed during the
pay-roll period immediately preceding the date of this Direction, in-
cluding employees who did not work during said pay-roll period be-
cause they were ill or on vacation or temporarily laid off , and includ-
ing 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 elections, to determine :
a Any participant in the election in voting group ( 1) may , upon its prompt request to,
and approval thereof by , the Regional Director , have its name removed from the ballot
BALTIMORE CASTINGS CORPORATION 133 .
(a) In the unit heretofore found appropriate, whether or not they
desire to be represented by Pattern Makers League of North America,
District #3, AFL, for the purposes of collective bargaining;
(b) In voting group (1), whether they desire to be represented by
International Association of Machinists, Lodge #186, District #12,
or by United Steelworkers of America, CIO, for the purposes of col-
lective bargaining, or by neither;
(c) In voting group (2), whether or not they desire to be repre-
sented by United Steelworkers of America, CIO, for the purposes of
collective bargaining.
CHAmrIAN HExzoa took no part in the consideration of the above
Decision and Direction of Elections.