Pyott Foundry & Machine Co.

National Labor Relations Board - Board Decisions

Jan 27, 1945

60 N.L.R.B. 245 (N.L.R.B. 1945)

In the Matter Of PYOTT FOUNDRY & MACHINE COMPANY and INTER-
NATIONAL MOLDERS AND FOUNDRY WORKERS UNION OF NORTH AMER-
ICA, LOCAL No. 233, A. F. OF L.
Case No. 13-R-276.4.-Decided January 27, 19.45
Fyffe d Clarke, by Mr. A. J. Smith, of Chicago, Ill., for the Com-
pany.
Messrs. William Parkins and William Lorenz, of Chicago, Ill.,
for the Union.
Miss Ruth Rusch, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by International Molders and Foundry
Workers Union of North America, Local No. 233, A. F. of L., herein
called the Union, alleging that a question affecting commerce had
arisen concerning the representation of employees of Pyott Foundry
& Machine Company, Chicago, Illinois, herein called the Company,
the National Labor Relations Board provided for an appropriate
hearing upon due notice before Benjamin B. Salvaty, Jr., Trial Ex-
aminer. Said hearing was held at Chicago, Illinois, on December 21,
1944. The Company and the Union appeared and participated.' All
parties were afforded opportunity to be heard, to examine arid 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. All parties were afforded
an opportunity to file briefs with the Board.
I The Pattern Makers League of North America, also served with notice of the hearing,
appeared at the hearing but withdrew from participation , since the Union disclaimed all
interest in the pattern makers.
60 N. L. R. B., No. 51.
245
246 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FAOT
1. THE BUSINESS OF THE COMPANY
The Company is an Illinois corporation with its main office and
plant located in Chicago, Illinois, where it is engaged in the manufac-
ture of castings and mechanical power, transmission gears. During
the past year, the Company purchased raw materials amounting to
more than $75,000 in value, of which 20 percent was shipped from
sources outside the State of Illinois. For the same period, the Com-
pany sold products amounting to more than $100,000 in value, of
which 50 percent was shipped to points outside the State of Illinois.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
International Molders and Foundry Workers Union of North
America, Local No. 233, is a ,labor organization affiliated with the
American Federation of Labor, admitting to membership employees
of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the Union as the
exclusive bargaining representative of its production and maintenance
employees until the Union has been certified by the ,Board in an ap-
propriate unit.
A statement of a Field Examiner, introduced into evidence 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.
IN. THE APPROPRIATE UNIT
The Company operates a machine shop, a foundry, and a pattern
shop. ' The main building in which the machine shop is located also
contains the offices, the stockroom and the pattern storage room.
The foundry is in another building which is connected with the ma-
chine shop. The pattern shop is in an entirely separate building.
2 The Field Examiner reported that the Union submitted cards which bore the names of
64 persons listed on the Company' s pay roll , which contained the names of 136 employees
in the appropriate unit. The cards were all dated in November 1944.
PYOTT FOUNDRY & MACHINE COMPANY 247
The Union requests a unit comprising, in general , production and
maintenance employees in the machine shop and foundry, excluding
pattern makers in the pattern shop, office employees, and all super-
visory employees. Specifically, the Union would include in this unit:
shipping and receiving helpers in the machine shop ; handymen in the
pattern shop ; and factory sweepers. It desires to exclude : so-called
shop clerks, who are engaged in clerical work in the machine shop, but
who are under office supervision ; the shipping clerk in the machine
shop, a salaried employee whose functions are clerical and super-
visory ; 3 the watchman ; ' the truck driver ; time-study men and time-
keepers; and the office cleaners.5 The Company specifically agrees to
the exclusion of the last three categories; it raises no objection to the
Union's other proposals. We find that the above-noted inclusions
and exclusions are appropriate. At the hearing some questions arose
as to the propriety of including the following categories.
Receiving Clerks in the Foundry: There are two clerks in the foun-
dry receiving room whom the Union desires to exclude due to their
clerical functions. Although these clerks spend 75 percent of their
time keeping records, the remainder of their time is spent doing
manual work in handling materials. They are under the supervision
of the cleaning department foreman in the foundry.
Unlike the shipping clerk in the machine shop, they exercise no
supervisory authority over any employees and are hourly paid. In
- view of the fact that the clerks in the foundry receiving room are
under the supervision of a production foreman, perform some manual
work , and are hourly paid, we shall include them in the unit.'
Inspectors: The Company employs two inspectors in the machine
shop who work under the supervision of the machine shop superin-
tendent. One inspector performs his work at a bench while the other
one inspects the work along the production line. They use gauges,
micrometers , calipers , and other instruments to check the various
parts. The Union contends that one of these inspectors possesses su-
pervisory authority over the other and should be excluded for that
reason. The record does not substantiate this contention: Both in-
spectors are hourly paid; both report to the production foreman; and
the Company agrees that both should be treated alike. We shall in-
clude both of them in the unit. _
Stock Clerk: The Union desires to exclude the stock clerk on the
basis of his clerical functions. He spends the major portion of his
time in the stockroom, where he places the stock and keeps records of
3 This individual supervises the shipping and receiving helpers in the machine shop
A The watchman works from 5 to 6 a. m. every week-day, and on Sundays when nobody
is at the plant -His main function is to check the building for fire hazards
6 The two office cleaners work approximately 4 hours weekly , on Saturday afternoons.
See Matter of Chicago Rawhide Manufacturing Company, 59 N L R B. 1234 ; Matter
of Kearney & Trecker Corporation, 60 N. L. It. B. 148. 1
248 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
it. Sometimes the stock clerk goes into the offices and the machine
shop where he contacts the shipping clerk. He is under the supervi-
sion of the vice president who is in charge of the office employees.
Since the stock clerk works under the supervision of the office, has
little contact with the production and maintenance employees, and
performs principally clerical duties, we shall exclude him from the
unit.?
We find that all production and maintenance employees, including
shipping helpers in the machine shop, handymen in the pattern shop,
factory sweepers, receiving clerks in the foundry, and inspectors, but
excluding the truck driver, time-study men and timekeepers, shop
clerks, the shipping clerk in the machine shop, the stock clerk, pattern
makers, office cleaners, the watchman, office employees, and all super-
visory employees with authority to hire, promote, discharge, disci-
pline, or otherwise effect changes in the status of employees, or effec-
tively recommend such action, 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 Elec-
tion herein, subject to the limitations and additions -set forth in the
Direction. In accordance with the request made by the Union at the
hearing, we shall designate it on the ballot as International Molders,
and Foundry Workers Union of North America, Local No. 233,
A. F. of L., affiliated with the Chicago and Vicinity Conference
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 3, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Pyott Foundry,&
Machine Company, Chicago, Illinois, 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
See Matter of Brown Shoe Company, Inc ., 57 N. L. It. B. 1687 ; Matter of Kaplan Broth-
er8, 46 N. L. It. B. 1057 ; Matter of Jaeger Watch Company, Inc., 45 N. L. It. B. 616.
PYOTT FOUNDRY & MACHINE COMPANY 249
the Regional Director for the Thirteenth Region, acting in this matter
as agent for the National Labor' Relations Board, and subject to
Article III, Sections 10 and 11, 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 present themselves in person at the polls, but excluding
those "employees who have since quit or been discharged for cause and
have not been rehired or reinstated prior to the date of the election,
to determine whether or not they desire to be represented by Inter-
national Molders and Foundry Workers Union of North America,
Local No. 233, A. F. or L., affiliated with the Chicago and Vicinity
Conference Board, for the purposes of collective bargaining.