Precision Castings Co., Inc.

National Labor Relations Board - Board Decisions

Mar 30, 1943

48 N.L.R.B. 835 (N.L.R.B. 1943)

P
In the Matter Of PRECISION CASTINGS CO., INC. and INTERNATIONAL
UNION OF MINE, MILL & SMELTER WORKERS , CIO, LOCAL 704
Case No. R-4943.-Decided March 30, 1943
Jurisdiction : castings manufacturing industry.
Investigation and Certification of Representatives: existence of question: re-
fusal to accord 'petitioner recognition because of the alleged existence of a
contract with a rival organization ; contract, no bar, when there was substan-
tial doubt as to the continued existence of the contracting union ; contracting
union accorded place on ballot in view of the doubt as to its continued existence ;
election necessary.
Unit Appropriate for Collective Bargaining : production, and maintenance work-
ers; excluding executives, superintendents, foremen, assistant foremen and
working foremen, the guards, the laboratory employees, and the office and
clerical employees.
Messrs. Hiscock, Cowie, Bruce, Lee, .and Mawhinuney, by' Mr. H.
Duane Bruce, of Syracuse, N. Y., for the Company.
Mr. Sidney H. Greenberg, of Syracuse, N. Y., and Mr. Neal East-
man, of Fayetteville, N. Y., for the C. I. O.
Mr. Carl R. Shanahan, of Syracuse, N. Y., for the Independent.
Miss Viola James, of counsel to the Board.
DECISION'
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by International Union of Mine, Mill &
Smelter Workers, Local 704, affiliated with the Congress of Industrial
• Organizations,, herein called the C. I. 0., alleging that a question
affecting commerce had arisen concerning the representation of em-
ployees of -Precision Castings Co., Inc., of Fayetteville, New York,
herein called the Company, the National Labor Relations Board pro-
vided for an appropriate hearing upon due notice before Francis V.
Cole, Trial Examiner. Said hearing was held at Syracuse, New York,
on February 24, and 25, 1943. The Company, the C. I. 0., and Pre-
cision Employees Independent Union, unaffiliated, herein called the
Independent, appeared, and participated. All parties were afforded
full 'opportunity to be heard, to examine and cross-examine wit-
48 N L R. B, No. 97.
835
52129 7-43-vol 48-54
836 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
nesses, and to introduce evidence bearing on the issues. The Trial
Examiner's rulings are free from prejudicial error and are hereby
affirmed. On March 8 and 10, 1943, the Independent and the Com-
pany, respectively, filed briefs which the Board has considered.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
The Company, a New York corporation, is engaged at Fayetteville,
New York, in the manufacture of die castings. During 1942, the
Company used at its Fayetteville plant raw materials valued in
excess of $1,000,000, approximately 75 percent of which represented
shipments from points outside the State of New York. During the
same period, the Company manufactured finished products valued
in excess of $1,000,000, of which approximately 65 percent represented
shipments to points outside the State of New York. For the purpose
of this proceeding, the Company admits that it is engaged ,in com-
merce within the meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
International Union of Mine, Mill, & Smelter Workers, Local 704,
affiliated with the Congress of Industrial Organizations , and Pre-
cision Employees Independent Union ,,' unaffiliated , are labor organ-
izations admitting to membership employees of the Company.
III.TIIE QUESTION CONCERNING REPRESENTATION
OA January 11, 1943, the C. I. O. notified, the Company' that it
represented a majority of the employees and requested recognition
as the bargaining agent. _On January 14, 1943, the Company refused
the request on the grounds of an existing contract with the Inde-
pendent.
The Field Examiner's statement, introduced into evidence at the
hearing, indicates'that the C. I. O. represents a substantial number of
employees in the alleged appropriate unit.,
The Company and the Independent entered into an exclusive bar-
gaining contract on November 24, 1941, effective for 1 year and from
year to year thereafter in the absence of a 30-clay notice given by
either party prior to the expiration of any yearly term. No notice of
'The Field Examiner reported that the C. I 0. submitted 479 applications for member-
ship, dated between December 1942 and February 1943, with 13 undated; that all the
applications bore apparently genuine original signatures , and that 437 signatures are the
names of persons listed on the Company's pay roll of January 24, 1943, which contains
592 persons within the claimed unit.
PRECISION CASTINGS CO., INC. 837
termination has been given. Both the Independent and the Company
contend that the contract renewed automatically and is a bar to an
election herein. The C. I. O. contends that before the renewal date
transpired the Independent became defunct and further claims that
'the majority of the employees are now represented by the C. I. O.
The Independent was organized in 1938, and ,in 1939 entered into, a
series of contracts, the last being the contract here asserted as a bar.
During 1941 and until May 1942, the Independent held regular
monthly meetings, and claimed a membership of approximately 500
employees. However, there was an average attendance of only 50 to
60 persons at meetings during the major part of 1941, and from Octo-
ber 1941 until May 1942, attendance further decreased to as few as
10 to 20 employees. No meetings were held from May until Septem-
ber 1942. The October meeting was an annual meeting for the pur-
pose of electing officers. Only 4 persons attended, and no election was
held. At that time there were only 8 members who were not more
than 6 months in arrears in the payment of - dues. Apparently the
grievance - committee has not, functioned since' around September or
OctOb6i'1942.` "Oil January 15, 1943,' a special membership -meeting
was called and attended by 38 persons who, on the payment of $1
each, were allowed voting privileges. They voted 31 to 7 to affiliate
with the C. I. O. There have been no meetings since that date.
We are of the opinion that the record raises a substantial doubt as
to the continued existence of the Independent, and, accordingly, we
find that the contract is not a bar to an election.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 C. I. Q. seeks a unit of all production and maintenance workers,
excluding foremen, assistant foremen,. and laboratory, office and
clerical employees. The Independent contends that the appropriate
unit should consist of the employees covered by its contract.' The
Company apparently contends that the appropriate unit should in-
clude all the employees except executives, superintendents, and fore-
men. The parties were in dispute as to several classes of employees
falling within the above-named inclusions and exclusions.
2 See Matter of National Lead Compatiy and National Council of Gas, Coke & Chemical
Workers , etc., 45 N L . R B. 182 ; and Matter of National Battery Company and Interna
tional Brotherhood of Electrical Workers, Local Union B-1192, 28 N L. R B 826
3 The unit dehned in the contract is. "All persons who are paid on an hourly rate, exclu-
sive of foremen and assistant foremen ; and such salaried employees who are not foremen,_
efficiency clerks, accountants , auditors, engineers , or metallurgists."
838 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Assistant, foremen • and working foremen: The C. J. 0. and the
Independent would exclude assistant foremen, whom the Company
apparently would include. The C. I. O. and the Company would
include working foremen; the Independent prefers the Board to de-
cide on their inclusion or exclusion. There are 25 working foremen.
They have the authority, to recommend hiring and discharging. Both
groups of foremen were excluded by the contract 4 We find that they
should be excluded.
There are six militarized guards, one of whom is the chief guard.
Since they, perform specialized plant-protection duties and were ap-
parently not covered by the contract, we shall exclude them.
There are four laboratory employees, including a metallurgist, a
chemist, and two assistants. The C. I. O. would exclude all four; the
Independent would exclude only the metallurgist; the Company would
include all four. They spend the major portion of their time in a
laboratory, and their duties are of a technical nature. They had no
union representative to handle their grievances under the contract.
We shall exclude the laboratory eftiployees.
Office and clerical employees: There are approximately 62 office and
clerical employees located in the main office. ' Some are hourly paid
employees and some are on a salary. The C. I. O. would exclude all
of them. The Company would include all but the personnel manager
and the office, manager. The Independent would include all except
about 16, identified as engineers, accountants, auditors, efficiency
clerks, the personnel, manager and his assistant, the paymaster, the
office manager, and the metallurgist.5 In addition to these employees,
there are 12 hourly paid factory clerks located in offices throughout
the 'factory, whom the C. I. O. Would exclude and whom the Inde-
pendent and the Company would include.' Although all of these em-
ployees except those in a supervisory capacity were covered by the
contract, they have not been represented under the contract for some
time. We shall follow our customary practice and, exclude the office
employees and the clerical employees, both in the office and in the
factory.
We find that all production and maintenance workers, excluding
executives, superintendents, foremen, assistant foremen and working
foremen, the guards,. the laboratory employees, 'and the office and
clerical employees, constitute a unit appropriate for the purposes of
collective bargaining within the meaning of Section 9 (b) of the Act.
4 The assistant foremen were specifically excluded ; the working foremen were not. Ilow=
ever , counsel for the Independent stated that neither the working' foremen nor guards were
members of the Independent Apparently they handled their grievances individually.
5 The metallurgist w as included in this group as well as in the laboratory group.
PRECISION CASTINGS CO., INC. 839
V. THE DETERMINATION OF REPRESENTATIVES
Although the continued existence of the Independent is in doubt, we
shall nevertheless accord it a place on the ballot. We shall direct that
the question concerning representation which has arisen be resolved
by an election by secret ballot among the employees in the appropriate
unit who were employed during the pay-roll period immediately pre-
ceding the date of the Direction of Election herein, subject to the
limitations and additions set forth in the Direction.
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 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 represents-
tives.for the+purposes of collective bargaining with Precision Castings
Co., Inc., Fayetteville; New York, 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 Third 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, 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
preseritthem'selves in person at the polls, but excluding those employees
who have since quit or been discharged for cause, to determine whether
they desire to be represented by International Union- of Mine, Mill &
Smelter Workers, Local 704, affiliated with the Congress of Industrial
-Organizations,, or by Precision Employees Independent Union for the
purposes of collective bargaining, or by neither.
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