Davenport Machine & Foundry Co.Download PDFNational Labor Relations Board - Board DecisionsMay 29, 194349 N.L.R.B. 1419 (N.L.R.B. 1943) Copy Citation In the Matter of DAVENPORT MACHINE & FOUNDRY Co. and INTERNA, TIONAL ASSOCIATION OF MACHINISTS, DISTRICT 102, A. F. OF L. In the Matter of DAVENPORT MACHINE•& FOUNDRY Co. and INTERNA- TIONAL MOLDERS AND FOUNDRY WORKERS UNION OF NORTH AMERICA, LocAI 230, A. F. OF L. , Cases Nos. R-5347 and R-5348.-Decided May 29,1943. Mr. Ben T. Reidy, of Rock Island, Ill., for the Company. Mr. Earl P. Hogan, of Rock Island, Ill., and Mr. John Schreier, of Davenport, low, a,"f or the I. A. M. Mr. Evar Anderson, of Rock Island, Ill., and Mr. John Schreier, of Davenport, Iowa, for the Molders. Mr. Louis Colcin, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE. Upon separate petitions duly filed by International Association of Machinists, District 102, A. F. of L., herein called the I. A. M., and International Molders and Foundry Workers Union of North America, Local-•230, hereiin_call'ed the Molders, alleging that questions affecting commerce had arisen concerning the representation of employees of Davenport Machine & Foundry Co., Davenport, Iowa, herein called the Company, the National Labor Relations Board consolidated the cases and provided for an appropriate hearing upon due notice before', Stephen M. Reynolds, Trial Examiner. Said hearing was held at Davenport, Iowa, on May 14, 1943. The Company, the I. A. M., and the Molders appeared, participated, and were afforded full oppor-, tunity to be heard, to examine and cross-examine witnesses, and to iiitroduced evidence bearing on the issues. The Trial Examiner's rulings made at the hearing are free from prejudicial error and are hereby affirmed. 49 N. L . R..B., No. 198. 1419 1420 D'E1GISIFONrS OF NATIONAL LABOR RELATIONS BOARD Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY Davenport Machine & Foundry Co. is an Iowa corporation operat- ing" a ,plant at Davenport, Iowa, where it is engaged in the manu- facture of foundry molding machines. During 1942 the "Company purchased raw materials valued at about $130,000, approximately $113,000 worth of which was shipped to it from points outside the State of Iowa. During the same period the Company sold products valued at $483,000, about $355,000 worth of which was shipped to points outside the State of Iowa. The Company admits that it is engaged ' in commerce within the meaning of the National Labor -Relations Act. II. THE ORGANIZATIONS INVOLVED International Association of Machinists, District 102, is a labor organization affiliated with the American Federation of Labor, ad- mitting to membership employees of the Company. International Molders and Foundry Workers Union of North America, Local 230, is a labor organization affiliated with the Ameri- can Federation of Labor, admitting to membership employees of the Company. III. THE QUESTIONS CONCERNING REPRESENTATION On April 1, 1943,,the I. A. M. and the Molders each, requested the Company to recognize it as the exclusive collective bargaining repre- sentative of certain of the Company's employees. The Company refused to recognize the I. A. M. and the Molders until they are certi- fied by the Board. _ 'Statements of the Regional Director, introduced into evidence at the hearing, indicate that the I. A. M. and the Molders each repre- sents -a substantial number of employees in the unit alleged by each to be appropriate j "The Regional Director reported that the I. A.' M presented 33 ' authorization cards bearing apparently genuine signatures of persons whose names appear ',on the Company's pay roll of April 12 , 1943 There are approximately 51 employees in the unit urged by the I A M. The Regional Director further reported that the Molders presented 21 authoriza- tion cards bearing apparently genuine signatures of persons whose names appear on the' Company's pay roll of April 12, 1943. There are approximately 26 employees in the unit urged by the ' Molders. PAiVENPORT MAC'HIN'E & FOFUIVD'RY CO. 1421 We find that questions affecting commerce have 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 UNITS The I. A. M. contends that all employees in the machine shop and structural steel departments of the Company, excluding supervisory and clerical enmployees, foundry department employees, engineering and drafting department employees; and janitors, constitute an appro- priate bargaining unit. The Molders contends that all employees in the foundry department of the Company, excluding employees in the machine shop and structural steel departments,, clerical and super- visory employees, engineering and , drafting department employees, and janitors, constitute an appropriate bargaining unit. The Com- pany took no position with respect to the units urged by the I. A. M. and the Molders. Evidence introduced at the hearing. indicates that the employees in each of the units claimed by the I. A. M. and the Molders are closely related from a, functional standpoint and form homogenous groups. We find that all employees in'the machine shop and structural steel departments of the Company, excluding supervisory. and clerical em- ployees, foundry department employees, engineering and drafting department employees, and janitors, constitute a unit. appropriate for the purposes of, collective bargaining, within the meaning of Section 9 (b) of the Act. We further find that all employees in the foundry department of the Company, excluding supervisory and clerical employees, em- ployees in,,the machine shop and, structural steel departments, engi- neering and drafting department employees, and janitors, 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 questions concerning representation which have arisen be resolved by means of elections by secret ballot among the employees in the appropriate units 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. DIRECTION OF. ELECTIONS By virtue of and pursuant to the power vested in the National Labor Relations Board by Section 9 (c) of the National Labor Rela- 1422 D'EIC'ISIONS OF NATIONAL LABOR RELATIONS BOARD 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 representa- tives for the purpose of collective bargaining with Davenport Ma- chine & Foundry Co., Davenport, Iowa, 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 Eighteenth 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 : 1. The employees in the unit found appropriate in paragraph 2 of Section IV, above, who were employed during the pay-roll period immediately_ preceding the date of this Direction, including em-, ployee's who' did not work' during said pay-roll period 'because they were ill or on vacation or temporarily laid off, and including em- ployees in the, armed forces of the United States who present them- selves in person at the polls, but excluding any who have since, quit or' been discharged for cause, to determine whether or not they desire to' be represented by International Association of Machinists, District 102, affiliated with the American Federation of Labor, for the pur- poses of collective bargaining. ' 2. All employees in the unit found appropriate in paragraph 3 of 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, to 'determine whether or not they desire to be' represented by International Molders and Foundry Workers Union of North America, Local 230, affiliated with the American Federa- tion of Labor, for the purposes of collective bargaining. Copy with citationCopy as parenthetical citation