Viking Pump Co.

National Labor Relations Board - Board Decisions

May 10, 1943

49 N.L.R.B. 682 (N.L.R.B. 1943)

In the Matter Of VIKING PUMP COMPANY and INTERNATIONAL ASSOCI-
ATION OF MACHINISTS, A. F. OF L.
In the Matter Of VIKING PUMP COMPANY and INTERNATIONAL UNION,
UNITED AUTOMOBILE, AIRCRAFT & AGRICULTURAL IMPLEMENT
WORKERS OF AMERICA, C. I. O.
Cases Nos. 8-5208 and B-5209, respectively. Decided May 10, 19!3
Mr. •J. B. Newman, of Cedar Falls, Iowa, for the Company.
Mr. Leonard Mattson, of Cedar Rapids, Iowa, for the I. A. M., `
Messrs. George H. Rose and Charles J. Fane, of Waterloo, Iowa
for the C. I. O. '
Mr. Evar Anderson, of Rock Island, Ill., for the Molders.
Mr. Arthur Leff, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS , .
STATEMENT OF THE CASE ,
Upon a petition duly filed by International Association of Machin-
ists, A. F. of L., herein called the I. A. M., and International Union,
United Automobile, Aircraft & Agricultural Implement Workers of,
America, C. I. 0., herein called the C. I. 0., alleging that questions
affecting commerce had arisen concerning the representation of em-
ployees of Viking Pump Company, Cedar Falls, Iowa, herein called
the Company, the National Labor Relations Board consolidated the
cases and provided for an appropriate hearing upon due notice before
Harry Brownstein, Trial Examiner. The hearing was held in Cedar
Falls, Iowa, on April 14 and 22, 1943. The Company, the I. A. M.,
the C. I. 0., and International Molders and Foundry Workers Union
of North America, A. F. of L., herein called the Molders, appeared,
participated, and were afforded full opportunity to be heard, to ex-
49 N L R. B., No. 100
682
VIKING PUMP COMPANY - 683 ,
amine, and cross-examine witnesses, and to introduce evidence bearing
on +,he,issues.1 The Trial Examiner's rulings made at the hearing are
free from prejudicial error and are hereby affirmed.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Viking Pump Company is a Delaware corporation engaged in the
manufacture and sale of rotary pumps, with its principal office and
place of business in Cedar Falls, Iowa. During the year 1942, it used,
in the manufacture ' of its finished products raw materials of the
approximate value of $350,000, and approximately 95 percent of such
raw materials was shipped to it from sources outside the State of Iowa:
During the same year, it manufactured finished products having an
approximate value of $1,350,000, 94 percent of which was sold and
shipped by it to points outside the State of Iowa. Wb find that the
Company is engaged in commerce within the meaning of the National
Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
International Association of Machinists and International Molders
and Foundry Workers Union of North America are labor organiza-
tions affiliated with the American Federation of Labor, admitting to
membership employees of the Company.
International, Union, United Automobile, Aircraft & Agricultural
Implement Workers of America is a labor organization affiliated with
the Congress of Industrial Organizations, admitting to membership
employees of the Company.
III. THE QUESTIONS CONCERNING REPRESENTATIQN
On or about March 1, 1943, the I. A. M. requested the Company to
recognize it as exclusive bargaining representative for the employees
of the Company employed at the Company's machine shop., The Com-
pany declined to accord the I. A. M. such recognition on the ground
that it had no knowledge concerning the I. A. Al. claim to majority
1 The hearing on April 14, 1943, was held pursuant to the petition of the I- A. M in
Case No R-5208, and the Molders did not participate therein It appearing on that day
that the C. I. 0 was seeking a unit substantially broader in scope than the unit sought
by the I A. M, and that other labor organizations might have' an interest- in the broader
unit , the hearing was adjourned to April 22, 1943, in order to permit the C I. O. to file
a separate petition coveting the unit which it claimed was appropriate , and to give other
interested labor organizations an opportunity to intervene The C. I. O. filed its petition
in Case No. R-5209 on April 16, 1943, and the hearing was continued in the consolidated
proceedings on April 22, 1943. At that time the Molders intervened and thereafter par-
ticipated in the -proceedings . All patties stipulated to incorporate the record in the hear-
ing,held on April 14, 1943, as part of the record in the consolidated proceedings.
684 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
representation. The Company also declined to grant a request of the
C. I. O. for recognition as the exclusive bargaining representative of
employees of the Company employed at its machine shop and foun-
dries, until the C. I. O. was certified by the,Board.2
We find that questions affecting commerce have 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 DETERMINATION OF REPRESENTATIVES
The only unit issue in these proceedings arises from a conflict,
among the parties as to whether the employees in the Company's
foundry divisions should be included in a single unit with employees
in the Company's machine shop. The I. A. M., which seeks` certifi-
cation as bargaining representative only for the machine shop em-
ployees, and the Molders, which seeks certification as bargaining rep-
resentative only for employees in the foundry divisions, contend that
separate units should be found appropriate for the respective groups.
The C. I. 0., on the other hand, contends that a single unit should
be found appropriate for both groups. On this issue, the Company
professes to take a neutral position. All parties are in agreement
that the unit or units found to be appropriate' should include pro-
duction and maintenance employees, and should exclude foremen,
office and clerical employees, and plant guards.
In its pump manufacturing business at Cedar Falls, Iowa, the Com-
pany operates three separate divisions : a machine shop known as its
main plant, a brass foundry division located about 2 blocks from the
machine shop, and an iron foundry division located about 3/4 of a
mile from the machine shots. The foundry divisions make bronze and
iron castings primarily for delivery to the machine shop, although
on occasions these divisions also accept orders for castings from
outside sources provided the performance of such'outside orders does
not interfere with the requirements of the main plant. At the
machine shop, the castings are machined, assembled into pumps, tested,
painted, crated and shipped.
2A statement of the Regional Director, introduced in evidence at the hearing, shows
that the I A M submitted a total of 110 membership application cards, dated in the
months of February and March 1943, 99 of which appear to bear genuine original signa-
tures of employees whose names appear on the Company's machine shop pay roll as of
April 8, 1943 The said pay roll contains 263 names. The C. I O. presented for the
Trial Examiner's inspection 41 designation cards bearing apparently genuine signatures
of employees whose names appeared on the Company's pay roll. Of the cards presented
by the C. I. 0, 28 bear the names of employees in the Company's machine shop, and 13
bear the names of employees in the Company's foundry divisions. The Molders presented
for the Trial Examiner's inspection 15 designation cards bearing apparently genuine
signatures of employees in the Company's foundry divisions. the pay rolls of uhich contain
a total of 78 names.
VIKING PUMP COMPA\T 685
The nature of the work at each of the respective foundries is essen-
tially the same; it varies only in that brass castings are molded at
one foundry and iron castings at the other. The employees at the
foundries consist of molders, core makers, plate-room men, and fur-
nace men. For the most part, they are identified with a well-defined
and skilled craft which has had a long history of bargaining on a
craft basis. Because of the similarity of skills utilized at the respec-
tive foundries, employees are occasionally transferred from one foun-
dry to the other, as need requires.
The nature of the work performed and the skills required at the
machine shop 'are essentially different from that in the foundries.
The production employees at the machine shop are composed prin-
cipally of tool makers, machinists, machine operators, sweepers, and
hand-truckers. There is no interchange of employees between the
machine shop and the foundries.
All divisions of the Company are under the coordinated super-
vision of a single general manager. Each division, however, has its
own manager and foremen who are directly responsible to him,
issues its own pay checks, and maintains its own cost accounting
system. Orders from outside sources for castings are at times re-
ceived directly at the foundry divisions and are often accepted
by the foundry managers without consulting the general manager.
The respective managers of the foundry divisions usually hire their
own employees directly. Although a uniform labor policy is gen-
erally applied to all divisions, employee grievances are handled in
the first instance at the division in which they arise, and are referred
to the general manager only if the division manager is unable to
effect an adjustment.
The common ownership, coordinated management, and integration
as part of a single business enterprise of the machine shop and
foundries, the location of the machine shop and the foundries in the
same city, and the uniform labor policy which is applied, are consid-
erations tending to support the contention of the C. I. O. for a single'
over-all unit. On the other hand, the physical separation of the
machine shop from the foundries, the dissimilarity in work and skill
required of the employees therein, the absence of any interchange of
employees between the machine shop and the foundries, and the fact
that the separate divisions are to some extent organized and operated
as distinct business units, are considerations tending to support the
position of the I. A. M. and the Molders that separate units for'em-
ployees in the machine shop and foundries, respectively, should be
found appropriate.
Under all the circumstances of this case, and in the absence of any
history of collective bargaining on behalf of employees of the Com-
i
686 DECISIONS OF, NATIONAL LABOR RELATIONS BOARD
pany;3 we are of the opinion that the employees at the machine shop
and the employees of the foundries could function either as separate
bargaining units or as a single bargaining unit, and that 'our determina-
tion of the unit issue herein should depend in part on the express desires
of the employees. Consequently, we shall make iio final determination
of the unit at this time, but shall direct that the desires of the em-
ployees shall be ascertained by separate elections by secret ballot among
the employees in the foundries and the machine shop, respectively, 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. The respective voting groups
shall be as follows : (1) all production and maintenance employees
employed by the Company at its machine shop, excluding foremen,
office and clerical employees, and plant protection guards, to determine
whether they desire to be represented by the C. I. 0., by the I. A. M.,
or by neither '4 and (2) all production and maintenance employees
employed by the Company at its brass and iron foundry divisions,
excluding foremen, office and clerical employees, and plant protection
guards, to determine whether they desire to be represented by the
C.-I. 0., the Molders,5 or by neither. Upon the results of these elec-
tions will depend in part the appropriate unit or units.
DIRECTION OF ELECTIONS
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 Rela-
tions Board Rules and Regulations-Series 2, as amended, it is hereby
D1 FcTED that, as part of the investigation to ascertain representa-
tives for' the purposes of collective bargaining with Viking Pump
Company, Cedar Falls, Iowa, separate elections 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 Eighteenth 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
following groups of employees who were employed during the pay-
roll period immediately preceding the date of this Direction, inchuling
s The record shows that except for an unsuccessful effort on the part of a C I. O.
affiliate to organize the employees of the Company in 1937 there has been no history of
collective bargaining involving the Company.
a At the hearing the C. I. 0. expressed a desire to have its name appear on the ballot as
U A. W.-C. I. 0. The I. A. M stated that it desired to appear on the ballot as Inter-
national Association of Machinists , A F of L The requests are granted
6 The Molders stated at the hearing that it desired its name to appear on the ballot as
The International Union of Molders and Foundry Workers of North America , A. F. of L.
The request is granted
VIKING PUMP COMPANY 687
any such employees who'did not work during said pay-roll period
because they were ill or on vacation or temporarily laid off, and includ-
ing 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 :
(a) All production and maintenance employees employed by the
Company at its machine shop, excluding foremen, office and clerical
employees, and plant protection guards, to determine whether they
desire to be represented by International Association of Machinists,
A. F. of L., or by International Union, United Automobile, Aircraft.
& Agricultural Implement Workers of America, C. I. O.; for the purr
poses of collective bargaining, or by neither;
(b) All production and maintenance employees employed by the
Company at its iron and brass foundry divisions, excluding foremen,
office and clef ical employees, and plant protection guards, to deter-
mine whether they desire to be represented by International Union,
United Automobile, Aircraft & Agricultural Implement Workers of
America, C. I. 0., or by International Molders and Foundry Workers
Union of North America,- A. F. of L., for the purposes of collective
bargaining, or-by neither.