Eagle Iron Works

National Labor Relations Board - Board Decisions

Jan 16, 1943

46 N.L.R.B. 1145 (N.L.R.B. 1943)

In the Matter of EAGLE IRON WORDS and INTERNATIONAL MOLDERS &
FOUNDRY WORKERS UNION OF NORTH AMERICA, A. F. OF L., LOCAL
UNION No. 339
Case,No. R-4709.--Decided January 16, 1943
Jurisdiction : machinery manufacturing industry.
Investigation and Certification of Representatives : existence of question : refusal'
to grant recognition prior consent election conducted under Board auspices
more than a year ago covering an industrial unit held under the circumstances
no bar to a determination of representation of a group of employees previously
included in that unit.
Unit Appropriate for Collective Bargaining : all employees of the foundry,
including molders, core makers, pattern makers, cupola tenders, chippers, bull'
ladle men, helpers, and all foundry laborers ; inclusion of pattern maker and
his helper to permit present representation, not to preclude later determination,
that a different unit is appropriate for them.
Mr. Theodore Aulman and Mr. George Heaps, Jr., of Des Moines,
Iowa, for the Company.
Mr. A. G. White, of Atchison, Kans., and Mr. Ben Miller, of Des,
Moines, Iowa, for the Molders.
Mr. Ray Saffell and Mr. C. I. McNutt, of Des Moines, Iowa, for
the I. A. M.
Mr. Robert E. Tilbnan, of counsel to the Board.
t
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by International Molders & Foundry
Workers Union-of North America, A. F. of L., Local Union No. 339,
herein called the Molders, alleging that a question affecting com-
merce had arisen concerning the representation of employees of Eagle
Iron Works, Des Moines, Iowa, herein called the Company, the Na-
tional Labor Relations Board provided for an appropriate hearing
upon due notice before Harry Brownstein, Trial Examiner. Said
hearing was held at Des Moines, Iowa, on December 29, 1942. The
Company, the Molders, and Local Lodge 479, International Associa-
46 N. L. R. B., No. 134.
1145
1146 DECISIONS OF NATTONIAL LABOR RELATIONS- BOARD
tion of Machinists, herein called the I. A. M., appeared, participated,
and were afforded full opportunity to be heard, to examine and cross-
exantine witnesses, and to introduce 'evidence bearing on the issues.
The Trial Examiner's rulings made at the hearing are free from preju-
dicial error and are hereby affirmed.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Eagle Iron Works maintains a plant-in Des Moines, Iowa, where
it is engaged in the manufacture of heavy machinery used in coal
mines, sand and gravel, ' and brick and clay plant industries. Its
principal purchases consist of steel, steel plate, pig iron, coke, man-
ganese steel castings, and steel castings. During the year 1942, the
Company's purchases amounted in value to approximately $200,000.
Of the materials purchased,' 90 percent came from points outside the
State of Iowa. During the same period, the Company's sales equaled
approximately $500,000. Of the ' products sold, approximately; 90
percent was, shipped to points outside the State of Iowa.
II. THE ORGANIZATIONS INVOLVED
International Molders & Foundry Workers Union of - North1
1 America, Local Union No. 339, is a labor' organization affiliated with
the American Federation of Labor, admitting to membbrship
employees of the Company.
Local Lodge 479, International Association of Machinists, is a
labor organization affiliated with the American Federation of Labor
admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
In July 1941, the I. A. M. won a consent election conducted by the
Acting Regional Director among the employees of- the Company in
its Des Moines plant and was accordingly recognized as the exclusive'
,bargaining representative for all employees of that plant. On Octo-
ber 8, 1941, the I. A. M. and the Company entered into a collective
bargaining contract which by its terms was to, be in` full force audd
effect until November 30, 1942, subject to renewal for 1 year in the
absence of any notice to modify by either party at least thirty (30)
days before November 30, 1942. On October 29, 1942, the I. A. M.
submitted to the Company a new `contract in which it proposed that
the Molders be recognized as the bargaining representative of the
- EAGLE IRON WORKS - .1147
Company's foundry employees, while the I. A. M. remained the repre-
sentative of the employees of the machine shop and the ordnance
,department. The Company rejected the proposed changes, stating
that -it would not recognize the Molders because the I. A. M. had
exclusive bargaining rights as a result of the 1941 consent election.
The contract expired November 30, 1942, and has not been renewed.
We find that the above-mentioned consent election does not con-
stitute a bar to this proceeding, since it was conducted more than,a
year ago, and since the I. A. M., which received exclusive recognition
as a result thereof, -now favors a, new determination for the foundry
employees.' -
A statement of the Regional Director, introduced in evidence at
the hearing, indicates that the Molders represents a substantial number
of employees in the unit hereinafter found to be appropriate.2
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
The Molders contends for a unit of all, employees in the foundry
'division of the Company, including molders, core makers, pattern
makers, cupola tenders, chipper's, bull ladle men, helpers, and all
foundry laborers.' The I. A. M. has no objection to the unit claimed by
the Molders. The Company, however, contends that a plant-wide unit
is appropriate. -
The Des Moines plant consists of three production divisions, namely,
a foundry, a machine shop, and an ordnance department. Each of
the divisions is housed in a separate building.' The foundry is engaged
in making castings which are then transferred to the machine shop for
machining. The ordnance department is in reality •a second machine
shop. There is no interchange of employees between the machine shop
or ordnance department and the foundry.
In the negotiation iof the exclusive contract referred to in Section
III, supra, the I. A. M. negotiating committde consisted of three em-
See Matte? of Warner Bros Pictures , Inc, R K 0 Radio Pictures . Inc, Twsntieth
Century-Four Filna Corporation, Columbia Pictures Corporation , Loeia's Incorporated, Uni-
versal Pictures Coinpanr/, Inc, Samuel Goldwyn, Studios,, Paramount Pictures . Inc, Hal
Roach Studios, Inc and Moving P.otures Painters, Local No 6i ¢, at7iliated with the Bi other-
hood of Painters , Decorators and Paper Hangers of America , A F L, et at, 27 N L R B.
48, 51-52
2 The Regional Director stated that the Molders submitted to him petitions bearing the
signatures of 76 persons , all of which appealed to be genuine and original ; and that 63 of
the names appearing on the petitions also appeared on the Company ' s pay-roll list of Novem-
ber 25, 1942 , which listed 86 employees in its foundry
The Regional Director also reported that the I A M submitted to him 29 authorization
cards all dated in October 1942, and all bearing apparently genuine original signatures ; and
that 25 of the signatures were names of persons whose names appeared on the above-
mentioned pay-roll list , which listed 35 employees in the machine shop and the ordnance
department.
1148 DECISIONS OF NATIOINtAL LABOR RELATIONS BOARD
ployees from the foundry, two from the machine' shop, and one from
the ordnance department. A representative of, the Molders partici
pated in the negotiations to render expert advice on the 'content of
those sections of the contract applicable particularly to the foundry
employees. In the prosecution of grievances under the contract, the
members of the grievance committee from the foundry sometimes met
alone with the Company and at other times met in full committee with
the machinist members. Shortly after the execution of the contract,
the foundry employees became members of the Molders and have since
paid no dues to the I. A. M. The I. A. M. does not admit foundry em-
ployees to membership.
In view of the circumstances presented in this proceeding, and since'
'no labor organization is now contending for a plant-wide unit, we find
that the foundry employees may bargain separately from the em-
ployees of the machine shop and the ordnance department whom the
I. A. M. presently represents and desires to continue to represent.
The Company employs a pattern maker and a pattern maker helper.
Both employees work in a shop in the building housing the ordnance
department. The Molders desires to bargain for the pattern maker
and his helper and admits such employees to membership. The I. A. M.,
on the other hand, does not admit them to membership and does not.
desire to represent them, although they were covered by the I.' A. M.
contract. Furthermore, no other, labor organization claims to repre-
sent them. In order not to deprive the pattern maker and his helper
of representation at this time, we shall include them in the unit of
foundry employees. This shall not preclude a later finding that a,
different unit is appropriate for pattern makers.
We find that all employees of the foundry, including molders, core'
makers, pattern makers, cupola tenders, chippers, bull ladle men, help-
ers, and all foundry laborers, 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 question concerning representation which
has arisen be resolved by an election by secret ballot among the em-
ployees in the appropriate unit who were employed during the pay-roll
period immediately preceding the date of the Direction of Election
herein, subject to the limitations and additions set forth in the-
Direction.
Since the I. A. M. has no desire to contest the claims of the Molders,.
we shall not include its name on the ballot. ' ,
EAGLE IRON WORKS
DIRECTION OF ELECTION
1149
By virtue of and pursuant to'the power vested in the National Labor
Relations , Board by Section 9 (c) of the National Labor Relations 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 Eagle Iron Works,
Des Moines , Iowa, an election 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 the employees in the unit
found appropriate 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 any who have since
quit or been discharged for cause , to determine whether or not they
desire to be represented by International Molders & Foundry Workers
Union of North America, A. F. of L., Local Union No. 339,for the pur-
poses of collective bargaining.
CHAIRMAN MILLIS took no part in the consideration of the above
Decision and Direction of Election.