Globe Forge & Foundries, Inc.

National Labor Relations Board - Board Decisions

Jan 23, 1943

46 N.L.R.B. 1323 (N.L.R.B. 1943)

In the Matter of GLOBE FORGE & FOUNDRIES , INC. and UNITED
ELECTRICAL , RADIO & MACHINE `YORKERS OF AMERICA, C. I. O.
Case No. R-4.698.Decided January 23, 1943
Jurisdiction : drop forgings manufacturing industry.
Investigation and Certification of Representatives : existence of question :
refusal to grant recognition because of alleged existing contract ; one-year
contract automatically renewable in absence of 30 days notice held no bar to,
when initial term was about to expire and petitioner had given timely notice;
election necessary.
Unit Appropriate for Collective Bdrggaining : all production and- maintenance
employees , excluding guards, foremen , assistant foremen, clerical employees,
and die sinking department employees covered by existing contract;
agreement as to.
Mr. Duane Bruce, of Syracuse, N. Y., for -the Company.
Mr. Sidney H. Greenberg, of Syracuse, N. Y.,; for the Union.
Mr. Clarence J. Foertck, of Syracuse , N. Y., for 'the Association.
Mr. Wallace E. Royster, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF * THE CASE
Upon petition duly filed by United Electrical, Radio-& Machine
Workers of America, C. I. 0., herein called the Union, alleging that
a question affecting commerce had arisen concerning the representa-
tion of employees of the Globe Forge & Foundries, Inc., Syracuse,
New York, herein called the Company, the National Labor Relations
Board provided for an appropriate hearing upon due notice before
Francis V. Cole, Trial Examiner. Said hearing was held at Syra-
cuse, New York, on December 22, 1942. The Company, the Union,
and Globe Workers' Association, herein called the Association,
appeared, participated, 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.
46 N. L . R. B., No. 162.
1323
1
1324 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
On December 30, 1942, the Company filed a brief, which the Board
leas considered.'
Upon the entire, record' in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF TFIE COMPANY
Globe Forge & Foundries, Inc., is a New York' corporation having
its principal plant and offices in Syracuse, New York. It is engaged
in the manufacture of drop forgings.' From January 1, 1942, through
November 30, 1942, the Company used'raw materials having 'a value
in excess of $1,000,000, of `which approximately 99 percent was, re-
ceived from points outside the State of New York. In this same
period the Company, manufactured finished products having a value,
in excess 'of $1,000,000; of which approximately •'60 per cent was
shipped' to points outside the State of New York.
The Company concedes that it is engaged in commerce within'the
meaning of. the' National Labor.Relations Act:
II. THE.ORGANIZATIONS INVOLVED
United Electrical; Radio & Machine Workers of America, affiliated
with the Congress of Industrial Organizations, and Globe Workers'-
Association, unaffiliated, are labor organizations, admitting to mem-
bership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On October 24, 1942, the Union advised the Companay that the
Union represented a majority of the employees and asked recogni-
tion as the exclusive bargaining agency for the employees. 'The Com=
pany replied that it then had existing collective bargaining contracts
covering all employees and refused recognition.
The Company has a collective bargaining contract with the Asso-
ciation 'effective for 1 year. from February 18, 1942, and thereafter`
for an indefinite period subject to termination upon 30 days' written
notice by either party. The contract provides that the Association
is recognized by the Company as "the proper bargaining unit (sic)
for all of its members," and that "all employees covered by this Agree-
went shall be members of the [Association] as a condition of employ-
ment.' The Association conceded that this agreement does not cover
I In its 'brief and at the hearing the Company contended that - certification proceedings
ehould not be permitted for the reason that the Union had no jurisdiction over employees
in the drop forging industry which is the exclusive business of the Company . We find no
merit in ' this conlention See Matter of McLouth Steel Corporation and Local 174, Inter-
national Union, Vatted Automobile Workers of America, affiliated with the Congress of
Industrial Organizations , 30 N. L. R. B. 1000.
GLOBE FORGE & ' FOUNDRIES, INC. 1325
employees in the die sinking department, who are covered by a con-
tract between the Company and Die Sinkers International Conference.
The Company and the Association contend, however, that the Asso-
ciation is the exclusive representative of the remaining production
and maintenance employees and that the contract constitutes a bar
to a present determination of representatives. Assuming that the
contract grants exclusive recognition to the Association, it is clearly
not a bar since the Union gave timely notice of its claim and since the
initial term of the contract is about to expire.
A statement of the Trial Examiner made at the hearing indicates
that the Union represents a substantial number of employees in the
unit hereinafter found 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
The only dispute as to the appropriate unit relates to the plant-pro-
tection 'employees or guards; the Union contending, that they should
be included whereas the Company and the Association urge that they
be excluded. The guards are uniformed, have been sworn in by and
are under the supervision of the military authorities, and are engaged
exclusively in plant-protection work. In accordance with our usual
-policy, we shall exclude the guards from the unit.
In view of the foregoing, and in accordance with the agreement of
the parties, we find that all production and maintenance employees
of the Company, excluding guards, foremen, assistant foremen, cleri-
cal employees, and employees in the die sinking department covered
by the contract with Die Sinkers International Conference, constitute
a unit appropriate for the purposes of collective bargaining within the
meaning of Section 9 (b) of the Act'.
V. THE DETERMINATION Or 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.
2 The Trial Examiner stated that the Union submitted 256 application for membeiship
cards, hearing apparently genuine original signatures and, except for 52 which were undated,
dates since August 1942 The Trial Examiner repotted that a check of every fifth name on
the Company's pay roll, listing a total of 360 emplo^ecs, showed that, of the 72 names thus
selected, 39 appeared on the Union s cards. There are approximately 260 employees in the
appropriate unit The Association relies upon its contract as establishing its lnteiest.
1326 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
DIRECTION OF ELECTION
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 a part of the investigation to ascertain representa-
tives for 'the purposes of collective bargaining with Globe Forge &
Foundries, Inc., Syracuse, New York, an election by secret ballot shall
be conducted as early as possible, but not later than thirty ( 30) clays
from the date of this Direction of Election, under the direction and
supervision of the Regional Director for the Third Region, acting in
this matter as agent for the National Labor Relations Board, and sub-
ject to Article III, Section 10, of said Rules and Regulations, among
all employees ofthe Company in the unit found appropriate in 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 they desire to be represented by United Electrical,
Radio & Machine Workers of America , C. I. 0., or by Globe Workers'
Association , for the purposes of collective bargaining , or by ,neither.