The Harrison Steel Castings Co.

National Labor Relations Board - Board Decisions

Jun 23, 1947

74 N.L.R.B. 363 (N.L.R.B. 1947)

-In the Matter of THE HARRISON STEEL CASTINGS COMPANY, EMPLOYER
and UNITED FARM EQUIPMENT AND METAL WORKERS OF AMERICA,
C. I. 0., PETITIONER
Case No. 13-R-4399.Decided June R3, 1947
Messrs. Carl Wilde and Owen J. Neighbours, of Indianapolis, Ind.,
for the Employer.
Mr. Neal Eastman, of Attica, Ind., for the Petitioner.
Mr. Gaal Nedry, of Danville, Ill., for the Intervenor.
Mr. Leonard J. Mandl, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, hearing in this case was held at Wil-
liamsport, Indiana, on May 12, 1947, before Robert T. Drake, hearing
officer. The hearing officer's rulings made at the hearing are free
from prejudicial error and are hereby affirmed.
Upon the entire record in the case, the National Labor Relations
Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE EMPLOYER
The Harrison Steel Castings Company, an Indiana Corporation,
is engaged at its plant in Attica, Indiana, in the manufacture of steel
castings for use in railroad, tractor, and other equipment. It annu-
ally purchases raw materials valued at more than $200,000, of which
more than 40 percent is shipped to its plant from points outside the
State of Indiana. It annually manufactures finished products valued
at more than $400,000, of which more than 75 percent represents ship-
ments to points outside the State.
The Employer admits and we find that it is engaged in commerce
within the meaning of the National Labor Relations Act.
H. THE ORGANIZATIONS INVOLVED
The Petitioner is a labor organization affiliated with the Congress
of Industrial Organizations, claiming to represent employees of the
Employer.
74 N. L. R. B, No 62. 363
364 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
United Construction Workers, herein called the Intervenor, is a
labor organization affiliated with the United Mine Workers of
America, A. F. L., claiming to represent employees of the Employer.
III. THE QUESTION CONCERNING REPRESENTATION
The Employer refuses to recognize the Petitioner as the exclusive
bargaining representative of employees of the Employer until the
Petitioner has been certified by the Board in an appropriate unit.
We find that a question affecting commerce has arisen concerning
the representation of employees of the Employer, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
The Petitioner and the Intervenor request a unit composed of all
production and maintenance employees, including storeroom em-
ployees, but excluding office and clerical employees, draftsmen, salaried
employees, watchmen, sub-foremen, foremen, the chief watchman, and
other supervisors.' The Employer does not object generally to the
requested unit, except that it desires the inclusion of nurses,2 watch-
men, and sub-foremen.
Nurses: These employees assist injured and sick employees, send
employees to the doctor, and when necessary call the doctor to the
plant. They were excluded from the production and maintenance
unit found appropriate by the Board in 1945. In accordance with
our practice of excluding nurses from production and maintenance
unlts,3 we shall adhere to our 1945 decision, and exclude the nurses.
Watchmen: These employees are armed and deputized.4 Their
duties, which are the same as they were in 1945 when we excluded them
from the unit, include reporting employee violations of plant rules
and regulations, observing and reporting fires and fire hazards, patrol-
ling the plant, and standing guard at the plant gate. In conformity
with our prior unit finding, and inasmuch as the watchmen possess
I On August 28, 1945 , a Decision and Direction of Election (63 N L. R B. 585) issued
concerning this Employer, wherein the unit finding was substantially the same as that
requested by the Petitioner in this proceeding The Petitioner in that case lost the
election.
2 At the hearing the Petitioner requested the exclusion of nurses , but in its brief sub-
mitted after the hearing it apparently desued nurses included in the unit . The Intervenor
took no position as to these employees.
3 Matter of American Cyanamid Company, Calco Chemical Division , 73 N L. R. B. 144 ;
Matter of American Stove Company , 70 N. L. R B. 1059, Matter of Newark Stove Com-
pany, 70 N. L. R B. 1232; Matter of The Electric Controller & Manufacturing Company,
69 N L R B 1242.
1 These employees were recently demilitarized
THE HARRISON STEEL CASTINGS COMPANY 365
substantial monitorial duties in relation to other employees of the
Employer, we shall exclude theni.5
Sub-foremen: The nine employees in this category work under the
supervision of the foremen. The Petitioner contends that they are
supervisors. However, they perform considerable manual labor and
are paid hourly as are the production and maintenance workers. Their
duties and status have not changed since our prior decision in 1945,
when we included them in the production and maintenance unit. In
conformity with our prior decision, and because it does not appear
in the present record that these employees have the power to change
or effectively recommend changes in employee status, we shall include
them.
We find that all production and maintenance employees of the Em-
ployer, including storeroom employees and sub-foremen, but exclud-
ing office and clerical employees, draftsmen, nurses, salaried
employees, watchmen, the chief watchman, foremen, and all or any
other supervisory employees with authority to hire, promote, ' dis-
charge, discipline, or otherwise effect changes in the status of em-
ployees, or effectively recommend such action, constitute a unit appro-
priate for the purposes of collective bargaining within the meaning
of Section 9 (b) of the Act.
V. TIIE DETERMINATION OF REI'RESENTATIVEs
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot, subject to the
limitations and additions set forth in the Direction.
The Employer and the Intervenor contend that students working
full time during the summer vacation period, and a United States
Post Office mail carrier employed regularly several hours each day,
should be permitted to vote. The Petitioner maintains that they are
ineligible. Inasmuch as the students will return to school in the fall
and the mail carrier will continue to work regularly part time, we
shall adhere to our 1945 decision, and find the students ineligible and
the mail carrier eligible to vote.
DIRECTION OF ELECTION 6
As part of the investigation to ascertain representatives for the pur-
poses of collective bargaining with The Harrison Steel Castings Com-
pany, Attica, Indiana, an election by secret ballot shall be conducted
6 Matter of Ward Leonard Electric Co , 59 N L. R B 1305 ; Matter of Virgiivi.a Caroline
Chemical Corp , 72 N L R B 504, Matter of West Texas Cottonoil Co , 73 N L R. B. 645
6 Any participant in the election herein may, upon its prompt request to, and approval
thereof by, the Regional Director, have its name removed fiom the ballot.
366 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 Thirteenth Region, acting in this matter as agent for
the National Labor Relations Board, and subject to Sections 203.55
and 203.56, of National Labor Relations Board Rules and Regula-
tions-Series 4, among the employees in the unit found appropriate in
Section IV, above, who were employed during the pay-roll period im-
mediately 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 they desire to
be represented by United Farm Equipment and Metal Workers of
America, C. I. 0., or by United Construction Workers, affiliated with
United Mine Workers of America, A. F. L., for the purposes of
collective bargaining, or by neither.
CHAIRMAN HERZOG took no part in the consideration of the above
Decision and Direction of Election.