Central Foundry Co.

National Labor Relations Board - Board Decisions

Jan 4, 1943

46 N.L.R.B. 676 (N.L.R.B. 1943)

In the Matter of CENTRAL FOUNDRY COMPANY CGnd, UNITED -STEEL-
WORKERS OF AMERICA ( CIO)
Case No. R-41623.-Decided January 4, 193
Jurisdiction : cast-iron pipe manufacturing industry
Investigation and Certification of Representatives : existence of question : refusal
to grant recognition because of existing contract; contract automatically re-,
newable for yearly terms in absence of 30 days' notice held no bar to, when
petitioner filed its representation claim more than 30 days prior to automatic
renewal date : eligibility date established in accordance with stipulation of
parties ; election necessary.
Unit Appropriate for Collective Bargaining : all employees of Company; exclud-
ing employees covered by existing contracts with other unions, and other speci-
fied inclusions and exclusions ; agreement as to
Mr. Marion A. Prowell, for the Board.
Mr. Luther B. Liles, of Anniston, Ala., for the Company.
Mr. Noel R. Beddow and Mr. R. E. Farr, of Birmingham, Ala., for
the USA.
Mr. Shelley Waldon and Mr. J. D. Royal, of Cincinnati, Ohio, for
the Molders. -
Mr. J.-C. MeGlon, of Washington,. D. C., for the Machinists.
Mr. Leon Novak, of counsel to the Board.
a
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by United Steelworkers of America, CIO,
herein called the USA, alleging that a question affecting commerce
. had arisen concerning the representation of employees of Central
Foundry Company, Holt, Alabama, herein called the Company, the
National Labor Relations Board provided for an appropriate hearing
upon due notice before A Bruce Hunt, Trial Examiner. Said hear-
ing was held at Tuscaloosa, Alabama, on December 3, 1942. The
Board,, the Company, the USA, International Molders and Foundry
Workers Union of North America, affiliated with the American Fed-
46 N. L. R. B, No. 78.
676
CENTRAL FOUNDRY COMPANY 677
eration of Labor, herein called the Molders, and International Associ-
ation of Machinists, Local Lodge No. 455, affiliated with the American
Federation of Labor, herein called the Machinists, appeared, partici-
pated, and 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.
Upon the entire record in the case, the Board makes the, following :
FINDINGS OF.FACT
I. THE BUSINESS OF THE COMPANY
Central Foundry Company is engaged in the manufacture of cast-
iron pipe and fittings. The Company operates plants at Holt, Besse-
mer, and Anniston, Alabama, and at Newark, New Jersey. The Com-
pany's plant at Holt is the only plant involved in this proceeding:'
The principal raw materials used by the Company at'the Holt plant
are pig iron, coke and sand; nearly all of which are obtained within
Alabama.. A small amount of miscellaneous supplies and manufac-
tured parts are brought to the plant from points outside Alabama.
The Company produces at the Holt plant products amounting monthly
to approximate 6,500 tons, of which approximately 98 percent is •
shipped' outside Alabama. The Company admits that it is engaged'
in commerce within the meaning of the National Labor Relations
Act.
II.- THE ORGANIZATIONS INVOLVED
United Steelworkers of America is a labor organization affiliated
with the Congress of Industrial Organizations, admitting to member-
ship employees of the Company.
International Molders and Foundry Workers Union of North Amer-
ica is a labor organization affiliated with the American Federation of
Labor, admitting to membership employees of the Company.
International Association of Machinists, Local Lodge No. 455, is a
labor organization affiliated with the American Federation of Labor,
admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION,
On May 20, 1942, the Company and the Molders entered into, an
exclusive bargaining contract covering certain employees of the Com-
pany in its Holt, Alabama, plant.' By its terms, this contract was to
continue in force until, December 31, 1942, and from year to year
thereafter unless advice of a contrary intention was given upon 30
days' notice. No such notice was given by either party to the contract.
678 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The Molders contends that its contract constitutes a bar to a present'
determination of representatives.
On-September 2, 1942 , USA filed with the Board a petition for
investigation and certification of representatives .' Since the USA
filed its petition for investigation and certification more than 30 days
prior to the renewal date, we find that the contract does not constitute
a bar to this proceeding. I '
Evidence adduced at the hearing indicates that the USA represents
a substantial number of the employees in the unit hereinafter found
to be 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
In accordance with the agreement of the parties , we find that all
employees of the Company, including molders, molders ' helpers, shake-
out workers , sand conditioners , cleaners , cupola crew , laborers, and
shipping department employees, but excluding foremen, assistant fore-
men, and higher supervisory employees, office and clerical employees,
stockroom employees , retail store employees ,3 and employees covered
by a contract between the Company and the Machinists ,4 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 find that the question concerning representation which has arisen -
can best be resolved by an election by secret ballot. In accordance
with the stipulation of the parties, we shall direct that those eligible
to vote shall be the employees in the appropriate unit who were
employed during the pay-roll period for the week ending December 5,
1942, subject to the limitations and additions set forth in the,
Direction. -
3 A previous petition filed with the Board on June 17, 1942, by the USA was dismissed by
the Board on July 10 , 1942, upon its finding that the contract dated May 20, 1942, entered
into between the Company and the Molders constituted a bar to a determination of repre-
sentatives at that time . 42 N. L. R. B. 265,
2 The evidence indicates that the USA had submitted 718 cards bearing apparently
genuine signatures , of which 572 are names of persons on the Company's pay roll. There
'are, approximately 1077 persons within the appropirate unit. The Molders made no show-
ing of membership , relying on its contention that its contract is a bar to this proceeding.
3 These employees are represented by Retail Clerks Union.
4 The machinists ' contract covers, in general, machinists and their apprentices and
helpers; electrical workers and their apprentices and helpers ; and sheet metal workers,
pipefitters , boilermakers , and their apprentices and helpers ; and blacksmiths , blacksmith
welders, and'their apprentices and helpers.
CENTRAL FOUNDRY COMPANY
DIRECTION OF ELECTION
679
By virtue of and pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) of the National Labor Rela-
tions Act, and pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 2, as, amended, it
is hereby
DIRECTED that, as part of the investigation to ascertain represent-
atives for the purposes of collective bargaining with Central Foundry
Company, Holt, Alabama, an election by secret ballot shall be, con-
ducted 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 Tenth Region, acting in this matter as
agent for the National Labor Relations Board, and subject to Article
III, Section 10, of said Rules and Regulations, among the employees
in the unit found appropriate in Section IV, above, who were em-
ployed during the pay-roll period for,the week ending December.,5,
1942, including any such 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' fates
who present themselves in person at the polls, but excluding any who
have since quit or been discharged for cause, to determine whether
they desire to be represented by United Steelworkers of America,
affiliated with the Congress of Industrial Organizations, or by Interna-
tional Molders and Foundry Workers Union of North America, affili-
ated with the American Federation of Labor, for the purposes of
collective bargaining, or by neither.
MR. GERARD D. REILLY took no part in the consideration of the above
Decision and Direction of Election.