The Superior Castings Corp.

National Labor Relations Board - Board Decisions

Jun 28, 1944

56 N.L.R.B. 1735 (N.L.R.B. 1944)

In the Matter of THE SUPERIOR CASTINGS CORPORATION and INTER-
NATIONAL MOLDERS AND FOUNDRY WORKERS UNION OF NORTH AMER-
ICA, LOCAL 209, A. F. OF L.
'Case No. 2-R-4666.-Decided June 08, 1944
Tammany and Connery, by Mr. Paul R. Connery, of South Norwalk,
Conn., for the Company.
Mr. John J. Keenan, of Portsmouth, N. H., Mr. Francis X Lynch,
.of Somerset, Mass., Mr. Leonard Craig, of West Redding, Conn., and
-Mr. Joseph A. Padway, of Washington, D. C., for the Union.
Mrs. Catherine W. Goldman, 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 Unioli of North America, Local 209, A. F. of L., herein called
the Union, alleging _that a question affecting commerce, had arisen
concerning the representation of employees of The Superior Castings
,Corporatiob, South Norwalk, Connecticut, herein called the Company,
,the National Labor Relations Board provided for an appropriate hear-
ing upon due notice before Richard J. Hickey, Trial Examiner. Said
hearing was held at South Norwalk, Connecticut, on May 15, 1944.
The Company' and the Union appeared-and participated. All parties
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. All parties were afforded an
opportunity to file briefs with the Board. The Board has considered
,the Company's request for oral argument, and it is hereby denied.,
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
The Superior Castings Corporation, a Connecticut corporation with
its principal office and place of business at South Norwalk, Connecti-
56 N. L. R. B., No. 308.
1735
1736 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
cut, is engaged in the manufacture and sale of iron, bronze, and alumi-
num castings. ' During the period from May 1943 to May 1944, the
Company purchased raw materials valued in excess of $50;000, ap-
proximately 75 percent of which was shipped from points outside then
State of Connecticut. During the same' period the Company's sales
of finished products exceeded $250,000 in value, ,approximately 5 per-
cent of which was shipped outside the State of Connecticut.
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 Amer--
ica, Local 209, affiliated with the American Federation of Labor, is a
labor organization admitting to membership employees of the*
Company.
III. THE QUESTION CONCERNING REPRESENTATION
In March 1944, the Union presented its claim of majority repre-
sentation and requested bargaining rights for the ^Coinpany's em-
ployees. The Company refused to recognize the Union because of
a prior consent election conducted in August 1943. At that election
the Union, the only labor organization involved, failed to receive a
majority vote.' The Company contends that the consent election
,precludes the conduct of another election for the period of at least 1
year. , However, almost 10 months have elapsed since the holding of
the consent election; and since the Union has submitted a substantial
number of additional designations,2 indicating that a majority of the
Company's ^erilployees desire representation by the Union, we believe
that the policies of the Act will best be effectuated by the conduct of
an election on the present petition .3 •
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 Union,requests a unit covering all production and maintenance
employees, including shipping clerks, but excluding salesmen, office
I The tabulation of ballots in the consent election showed that of 49 eligible voters, 44t
valid votes were cast and counted .;,7 of these were for the Union and 37 were for no union.
2 The Field Examiner reported that there are 59 employees in the unit petitioned for ;
that the Union submitted 33 applications ' for membership , of which 25 were dated in
1944, prior to April 11, and 8 were undated. He also reported that the Union presented'
dues receipts showing 'payment in March 1944 , for 24 -of the employees whose names
appeared on the applications submitted ; and that included in the 24 were receipts . for -the-
8 whose applications were undated. •
8 See Matter of Wagner Electric Corporation , 53 N. L . It. B. 543, and cases there cited.
THE SUPERIOR CASTINGS CORPORATION. 17,37
employees, executives,, and supervisory employees.4 - The Company
-contends that the unit should cover all of its employees.
It does not appear that salesmen were included in the unit estab-
lished in the prior consent election agreement. Since it' is evident
that these employees have interests differing from those of the pro-
duction and maintenance employees, we shall exclude salesmen from
the unit.
The office employees perform purely clerical work in the Company's
office which is separate from its production department. In accord-
ance with our usual policy, we shall exclude-office employees from the
production and maintenance unit.
The general manager, superintendent, assistant superintendent, and
foremen,-have the authority to recommend disciplinary action and
discharge. We find that they fall within our customary definition
of supervisory employees; and, accordingly, we shall exclude them-
from the unit.
We find that all production and maintenance employees , including
shipping clerks, but excluding salesmen, office employees, executives,
and all 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
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.
The Company requests that employees who are serving in the armed
forces of the United States be permitted to vote by mail. The Union
opposes this request. In accordance with our established policy, re-
cently affirmed after a full review of the reasons in support thereof,e
we shall deny the Company's request and direct that only those em-
ployees on military leave who present themselves in person at the polls,
shall be permitted to vote.
'This unit is substantially the same as that agreed upon in the consent election of
August 1943.
The Union requests that eligibility be determined as of April 11, 1944'; the Company
requests that eligibility be determined as of the date of the election. No substantial reason
appears, however, for departing from our customary eligibility date
6 See Matter.of Mine Safety Appliance Co., 55 N. L, It. B 1190; Matter of Airpath Instru-
ment Company , 56 N L R B 233. -
1738 DECISIONS OF NATIONAL. LABOR RELATIONS BOARD
The Company anticipates hiring certain part-time employees, whom,
it would include in the unit. Since the hiring of these persons is,
problematical, and the terms and conditions of employment they will
have are not known at the present time, we shall not attempt to de-
termine their eligibility.
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 3, it is hereby
DIRECTED that, as part of the investigation to ascertain represent-
atives for the purposes of collective bargaining with The Superior
Castings Corporation, South Norwalk, Connecticut, 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 Second Region, act-
ing in this matter as agent for the National Labor Relations Board,
and subject to Article III, Sections. 10 and 11, of said Rules and Regu-
lations, among the employees in the unit found appropriate iii Sec-
tion IV, above, who were employed during the pay-roll period immedi-_
ately 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 arined
forces of the United States who present themselves in person at the
polls, but excluding those employees who have since quit or been dis-
charged for cause and have not been rehired or reinstated prior to
the date of the election, to determine whether or riot they desire to
be represented by International Molders and Foundry Workers Union
of North America, Local 209, affiliated with the American Federation
of Labor, for the purposes of collective bargaining.