Dedman Foundry & Machine Co.

National Labor Relations Board - Board Decisions

Jun 30, 1943

50 N.L.R.B. 1019 (N.L.R.B. 1943)

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In the Matter of DEDMAN FOUNDRY & MACHINE COMPANY and UNITED
STEELWORKERS OF AMERICA, CIO
In the Matter of DEDMAN FOUNDRY & MACHINE COMPANY and UNITED
BROTHERHOOD OF WELDERS , CUTTERS AND HELPERS OF AMERICA
Cases Nos . 8-5298 and R-599, respectively .Decided June
30, 1943
Messrs. Harry Dow and H . W. Dedman, of Houston, Tex., for the
Company.
Messrs. W. A . Combs, Frank A. Hardesty , and Perry Martin, of
Houston, Tex., for the Steelworkers.
Messrs. Seymour Lieberman and M . T. Wilson , of Houston, Tex.,
for the Welders.
Messrs. W. F. Heickman , Paul Henshaw, and A. Kemp, Sr., of
Houston, Tex ., for the Foundry Workers.
Messrs. Charles A. Gadd ' and A. H. Houser, of Houston, Tex., for
the I. A. M.
Miss Viola James, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
Upon an amended petition and petition filed respectively by United
Steelworkers of America, affiliated with the Congress of Industrial
Organizations, herein called the Steelworkers, and United Brother-
hood of Welders, Cutters and Helpers of America , herein called the
Welders,, alleging that questions affecting commerce had arisen con-
cerning the representation of employees of Dedman Foundry & Ma-
chine Company, Houston, Texas, herein called the Company, the
National Labor Relations Board consolidated the cases and provided
for an appropriate hearing upon due notice before H. Carnie lRussell,
Trial Examiner. Said hearing was held at Houston, Texas, on
May 5 and 6, 1943. The Company, the Steelworkers, the Welders,
International Molders & Foundry Workers Union of North America,
50 N. L. R. B, No. 149.
1019
1020 ., DECISIONS OAF NATIONAL LABOR RELATIONS BOARD,
Locals 124 and 259, affiliated with the American Federation of Labor,
herein called the Foundry Workers, and International Association
of Machinists, herein called the L. A. M., 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 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:
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FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Dedman Foundry & Machine` Company, owned individually and
located in Houston, Texas, is engaged in the operation of a foundry
and machine shop. Approximately 95 percent of the processed prod-
ucts are prepared for Government agencies. The Company pur-
chases manganese silicon and other raw materials from points out-
side the State of Texas, said materials costing in excess of $8,000
per month, and exports products into States other than Texas, these
products being valued in excess of $20,000 per month. We find that
the Company is engaged in commerce within the meaning of the
National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
United Steelworkers of America, affiliated with the Congress of
Industrial Organizations, International Molders & Foundry Workers
Union of North America, affiliated with the American Federation
of Labor, United Brotherhood of Welders, Cutters, and Helpers
of America, and International Association of Machinists are labor
organizations, each admitting to membership , employees of the
Company.
III. THE QUESTIONS CONCERNING REPRESENTATION
On February 26, 1943, the Steelworkers notified the Company that
it represented a majority of the employees and would like to nego-
tiate a bargaining contract. The Company made no reply. On
February 28, 1943, the Welders requested recognition as the, exclu-
sive representative of the employees in its claimed unit. The Com-
pany refused such recognition in the absence of a certification by
the Board.
'The Company contends that , as it is a war industry , it is not sub ject to they Act by
reason of certain Executive Oiders issued by the President we find no merit in this
contention. ,
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DEDIMAN FOUNDRY & MACHINE COMPANY 1021
The record reveals that the Steelworkers, the Welders, alid the
I. A. M. each 'represents a substantial number of employees In the
units alleged by each to be appropriate.2
The Foundry Workers and the Company contend that a contract,
originally entered into on March 1, 1941, and allegedly renewed on
March 1, 1943, for the period of another year, operates as a bar to
the proceedings herein. The contract provides for a 30-day notice
of termination before any annual expiration date. On January 18,
1943, Local 124 of the Foundry Workers gave notice of termination.3
-On January 25, 1943, Local 259 requested a conference on or about
March 1, 1943, for the purpose of discussing wages and other working
conditions.4 With respect to this letter, the record does not reveal
whether or not negotiations followed;' however, the evidence does
show that the Company received a proposed agreement dated March
17, 1943, from Local 259, concerning wages and other working con-
ditions, and that the Company is unwilling to sign this agreement
in view of the present proceedings. Despite the contention of the
Foundry Workers to the contrary, we are persuaded that the request
for a bargaining 'conference made by Local .259 before the 30-day
notice of termination began to,run, effectively opened up the con-
tract.' Accordingly, we find that the contract is not a bar. The
proposed agreement is clearly no bar, since it has not been executed.
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.
2 The Field Examiner reported that the Steelworkers submitted 118 authorization cards,
all dated between January and March 1943 , and all bearing apparently genuine original
signatures , 103 of which contained the names of persons on the Company ' s pay roll of
April 11, 1943, which listed a total of 240 poisons , approximately 220 being within the
unit alleged appropriate by the Steelworkers The Steelworkers submitted 9 additional
cards to the Trial Examiner who found that 5 contained the names of persons on the
pay roll of April 11, 1943.
The Welders submitted 15 cards dated in February and March 1943, all signatures
being apparently original and genuine , and of persons on the pay roll of April 11, 1943,
which listed 16 persons in the unit claimed by the welders ; 9 of the cards submitted by
the Steelworkers bore the names of persons in this claimed unit and were duplicates of
names submitted by the Welders
The I A M submitted 9 cards to the Field Examiner , dated in March 1943 , all bearing
apparently genuine signatures of persons on the pay roll of April 11 , 1943, in an alleged
unit of 27 employees Eight of the cards submitted by the Steelworkers bore the names
of persons in the unit claimed by the I. A. M. It was not shown whether any of these
were duplicates.
3 The Foundry Workers introduced evidence to show that the notice was the unofficial
act of an officer of the local who has since been removed from office We do not find it
necessary to resolve the question of whether or not the notice is binding on Local 124
4 The Company takes the position that, as Locals 124 and 259 are joint parties to the
contract , any notice of termination to be effective would have to be'given jointly and simul-
taneously The Board, under the circumstances herein , is not piecluded by this principle
of law from finding the existence of a question concerning representation.
5 See Matter of Theo F Anderson and Louis Toivinen , Partners, d/b/a Swartz Lake
Lumber Company, 40 N L . R B. 853.
s
1022
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DECISIONS 0!F N'AT'IONAL LABOR RELATIONS. BOAJR'D
IV. THE APPROPRIATE UNIT; THE 'DETERMINATION OF REPRESENTATIVES
The Steelworkers seeks a plant-wide unit of production and main-
tenance employees. This unit would include the units sought by the
Welders and the I: A. M., except for about 6 machinists whom the
Steelworkers. agrees to\exclude. The Foundry Workers agrees to
exclude the employees alleged by the Welders to be an appropriate
unit, and to exclude certain other groups of employees, noted below,
but otherwise takes no position with respect to the appropriate unit,
preferring instead to rely on its contract as a bar. The Foundry
Workers alleges that its contract ;covers approximately 200 of the
240 employees of the Company.6 The 'Steelworkers, the Foundry
Workers, and the Company agree to exclude company officials, super-
visors, foremen, office and clerical employees, and watchmen. We
find that these employees should be excluded.
The Welders seeks a unit of welders, cutters or burners, and their
helpers, excluding supervisors and foremen. Although there are no
helpers classified as such on the Company's pay roll, there are ap-
parently some employees who regularly assist the welders and cut-
ters or burners. The welders, cutters or burners, and their helpers
-perform related duties and use similar equipment. On the other
hand they and employees of various other classifications are located
together in the cleaning,department, and all are under the supervi-
sion of the foreman of that department. We find that welders, cut-
ters or burners, and those employees regularly employed as their help-
ers, excluding supervisors and foremen, may properly constitute a
separate unit or be merged with the other employees of the Company
as part of the large unit. I ,
The I. A. M: desires a unit of machinists, including maintenance
and repair machinists, test bar men, and all employees in the machine
shop except pattern makers, porters, truck drivers, and electricians.
Since the pattern makers, porters, truck drivers, and electricians do
-not perform duties similar to those of machinists, we shall exclude
these employees. The employees sought by the I. A. Al. are either
machinists or employees whose duties are closely related to those of
the machinists. Inasmuch as the Steelworkers has organized in this
group, we find that the machinists may properly constitute a separate
unit or be included in the large unit.
We shall direct that separate elections be held (1) among the
welders, with the inclusions and exclusions noted below, to determine
6 The contract itself does not set forth a unit of employees covet ed by its terms except
for wage rates applying to certain classifications of employees in the foundry. The
Foundry Workers admits the contract does not cover welders , truck drivers , and common
laborers in the machine shop. It is , not shown whether or not machinists are covered.
We note these facts as a further reason for finding that the contract is not a bar to elec-
tions herein , since obviously it does not covet some groups of employees in the units sought
to be represented by the Steelworkers and the welders.
DEDMAN FOUNDRY' & MACHINE COMPANY 1023
whether'they desire to be represented by the Welders or by -the Steel-
workers for the purposes of collective bargaining, or by neither; (2)
among the machinists, with the inclusions and exclusions noted below,
to determine whether they desire to be represented by the I. A. M.,
or by the Steelworkers, or by the Foundry, Workers, or by none ; and
(3) among the remainder of the Company's production and main-
tenance employees, with the inclusions and exclusions noted below,
to determine whether they desire to be represented by the Steel-
workers, or by the Foundry Workers, or by neither. Upon the re-
sults of these elections will depend in part the appropriate unit or
units. Those groups in each of which the majority selects the same
organization will together constitute a single appropriate unit. If
the majority in any one group selects a representative not selected
by either of the other groups, it will constitute a separate appropri-
ate unit.
We shall direct that the questions concerning representation which
have arisen be resolved by elections by secret ballot among the groups
of employees indicated in the Direction of Elections who were em-
ployed during the pay-roll period immediately preceding the date'
of the Direction of Elections, 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 Re-
lations Act, and pursuant to Article III, Section 9, of National La-
bor 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 purposes of collective bargaining with Dedman Foundry
& Machine Company, Houston, Texas, 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 Sixteenth 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
following groups of employees who were employed during the pay-
roll period immediately preceding the date of this Direction, includ-
ing employees who did not work during the 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 who have since
quit or been discharged for cause:
1. All welders, 'cutters or burners, and those employees regularly
1024 DECISIONS OF NATIONAL LABOR RDLATIONS BOARD
employed - as their helpers , excluding supervisors and foremen, to
determine whether they desire to be represented by United Brother-
hood of Welders, Cutters ; and Helpers of America , or by United
Steelworkers of America , affiliated with the Congress of Industrial
Organizations , for the purposes of collective bargaining , or by neither;
2. All machinists , including all employees in the machine shop'
except pattern - makers, electricians , porters, and, truck drivers, and
including maintenance and repair machinists and test bar men, but
excluding supervisors and foremen , to determine whether they desire
to be represented by International Association of Machinists, or by
United Steelworkers of America , affiliated with the Congress of In-
dustrial Organizations , or by International Molders & Foundry-Work-
ers Union of North America, affiliated with the American Federation
of Labor, for the purposes of collective bargaining , or by none; and
3. The remaining production and maintenance employees , includ-
ing pattern makers, electricians , porters , and truck drivers, but ex-
cluding officials , supervisors, foremen, office and clerical employees,
watchmen , welders, cutters or burners , and those employees regu-
larly employed as their helpers , machinists , maintenance and repair
machinists , test bar men, and all employees in the , machine shop not
included herein, to determine whether they desire to be represented
by United Steelworkers of America , affiliated with the Congress of
Industrial Organizations , or by International Molders & Foundry
'Workers of North America , affiliated with the American Federation
of Labor, for the purposes of collective bargaining , or by neither.