France Foundry & Machine Co.

National Labor Relations Board - Board Decisions

Aug 17, 1943

51 N.L.R.B. 1395 (N.L.R.B. 1943)

In the Matter of FRANCE FOUNDRY & MACHINE COMPANY, and INTER-
NATIONAL MOLDERS & FOUNDRY WORKERS UNION OF N. A.
In the Matter of FRANCE FOUNDRY & MACHINE COMPANY and INTERNA-
TIONAL UNION OF OPERATING ENGINEERS , LOCAL No. 18 (A. F. L.)
Cases Nos. R-5646 and R-5647, respectively. Decided August 17,
1943
Mr. Roland H. Rogers, of Toledo, Ohio, for The Company.
Mr. Alfred Stencel, of Toledo, Ohio, for the Molders.
Mr. William H. Thomas and Mr. Arnold M. Edelman, of Cleveland,
Ohio, for the Engineers.
Mr. Lowell Goerlich, of Toledo, Ohio, for the C. I. O.
Mr. William C. Baisinger, Jr., of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
Upon petitions duly filed by International Molders & Foundry
Workers Union of N. A., herein called the Molders, and International
Union of Operating Engineers, Local No. 18 (A. F. L.), herein called
the Engineers, respectively, alleging that questions affecting commerce
had arisen concerning the representation of employees of France
Foundry & Machine Company, Toledo, Ohio, herein called the Com-
pany, the National Labor Relations Board provided for an appropri-
ate consolidated hearing upon due notice before John A. Hull, Jr.,
Trial Examiner. Said hearing was held at Toledo, Ohio, on July 6,
1943. The Company, the Molders,' the Engineers, and International
Union, United Automobile, Aircraft & Agricultural Implement Work-
ers of America, Local No. 12 (U. A. W.-C. I. 0.), herein called the
C. I. 0., appeared and participated. All parties were afforded full
opportunity to be heard, to examine and cross-examine witnesses, to in
1 The Trial Examiner granted the motion of the Molders to intervene with respect to the
Bancroft Street plant of the Company since its petition was only applicable to the Com-
pany's Girard Street plant.
51 N. L. R. B., No. 222.
540612-44-vol. 51-89 1395
1396 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
troduce evidence bearing upon the issues, and to file briefs with the
Board. 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
France Foundry & Machine Company is an Ohio corporation, hav-
ing its principal office at Toledo, Ohio. It operated two foundries, one
at Bancroft Street and one at Girard Street, in Toledo, Ohio, known
as the Brass Foundry and the Gray Iron Foundry, respectively; and
at North Baltimore, Ohio, it operates a'plant known as the Machine
Shop. The Company is engaged in the manufacture of brass and
aluminum castings at its Brass Foundry; in the manufacture of iron
castings, transmissions and housings at the Gray Iron Foundry; and
in the milling of castings at the Machine Shop. During The year 1942,
the Company used raw materials, consisting of pig iron, cast iron,
scrap, aluminum ingots, and steel, valued in excess of $400,000, ap-
proximately 100 percent of which was received by it from points out-
side the State of Ohio. During the same period, the Company manu-
factured finished products in the approximate value of $750,000, of
which approximately 15 percent of the finished iron castings, ap-
proximately 10 percent of the finished aluminum castings, and about
5 percent of the finished brass castings were shipped by the Company
to points outside the State of Ohio. The Company admits that it is
engaged in commerce within the meaning of the National Labor Rela-
tions Act.
H. THE ORGANIZATIONS INVOLVED
International Molders & Foundry Workers Union of N. A., is a
labor organization affiliated with the American Federation of Labor,
admitting to membership employees of the Company.
International Union of Operating Engineers, Local No. 18, is a
labor organization affiliated with the American Federation of Labor,
admitting to membership employees of the Company.
United Automobile, Aircraft & Agricultural Implement Workers
of, America, Local No. 12, is a labor organization affiliated with the
Congress of Industrial Organizations, admitting to membership em-
ployees of the Company.
III. THE QUESTIONS CONCERNING REPRESENTATLON
On or about May 1, 1943, the Engineers requested the Company to
recognize it as the exclusive bargaining representative of the em-
FRANCE FOUNDRY & MACHINE COMPANY - 1397!
ployees in an alleged appropriate bargaining unit, and on or about
May 22, 1943, the Molders made a similar request with,respect to cer-
tain foundry employees of the Company. The Company refuses to
accord either organization such recognition unless and until it is ceiti-
fied by the Board.
Statements of a Field Examiner of the Board, introduced into evi-
dence at the hearing, supplemented by a statement of the Trial Exam-
iner , made at the hearing, indicate that the Engineers, the Molders,
and the C. I. 0., respectively, represent a substantial number of
employees in the unit or units which each claims to be appropriate .2
We find that questions affecting commerce have arisen concerning
the representation of employees of the Company within the mean-
ing of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT ; THE DETERMINATION OF REPRESENTATIVES
Briefly stated, the issues concerning the appropriate unit involve
the appropriateness of three separate bargaining units or a single
unit comprised of the employees of the Company's three plants in-
volved in this proceeding. The Molders and the C. I. O. urge that
the employees of each of the two foundries involved comprise sepa-
rate appropriate units. The C. I. O. further contends that the
Machine Shop located in North Baltimore, Ohio, constitutes a third
unit. However, neither the C. I. O. nor the Molders claims any
interest in the Machine Shop. The Engineers is petitioning for
a single unit comprised of the employees of all three of the Com-
pany's plants. However, should, the Board find that the employees
in each of the three plants constitute separate appropriate units, the
Engineers desires to participate in the election among the employees
ill each unit. The parties stipulated that departmental foremen,
superintendents, and clerical employees, including foundry clerks
and timekeepers, should be excluded from any unit or units found
by the Board to be appropriate.
2 The statements of the Field Examiner , as supplemented by the statement of the Trial Examiner, is
reflected in the following table-
Authorization cards bearing apparently genuine signatures
Engineers C. I. O. Molders
Approx
No Em-
ployees
Brass Foundry- ------------------------------- 51 33 15 50
Gray Iron Foundry------------------------------ 77 20 59 35
Machine Shop ----------------------------------- 18 ------------ 20
Total------------------------------ ---------- 146 53 74 '155
*']'he figures set forth in the above table are based on the afore-mentioned reports and certain evi;
deuce contained in the record and not on the usual check made against the Company's pay roll since
it refused to furnish the Board 's agent with a pay roll
1398 DECISION'S OF NATIONAL LABOR RELATIONS BOARD
The two foundries operated by the Company are located within
the city of Toledo, Ohio, approximately 7 miles apart. The Machine
Shop is in North Baltimore, Ohio, about 30 miles from Toledo. Only
rough castings are produced at the two foundries. The operations
performed in the foundries are similar, patterns are interchangeable
between the foundries, and the job classifications and wage rates are
the same in both foundries. However, the techniques and skills em-
ployed in the production of iron castings differ from those used in
the manufacture of brass and aluminum castings. The Company's
main office is located in the Brass Foundry plant and all foundry
orders are received at this office and relayed either to the Brass
Foundry or the Gray Iron Foundry, depending upon the type of
metal to be used in the castings. The two foundries and the Machine
Shop are under the general supervision of the Company's vice presi-
dent and general manager. However, each plant is supervised by a
plant superintendent who has complete authority to hire and dis-
charge employees. It, appears that there is some interchange of
employees between the two foundries. The Molders contends that
each foundry should be a separate unit "since the employees in each
foundry work with different types of sand and metal. In a recent
cases involving the Company, the Board found that the record
failed to show that the Brass Foundry employees constituted an
appropriate unit. However, the Board qualified its finding by say-
ing, "Nothing herein is to be interpreted as precluding a finding
that the Brass Foundry employees constitute an appropriate unit
in a proceeding for investigation . . . pursuant to Section 9 (c) of the
Act, if the evidence presented in such proceeding were to warrant such
a finding."
The Company's Machine Shop is located about 30 miles from
Toledo,-Ohio, and only a small percentage of the castings produced
at the Company's foundries is machined in the Company's Machine
Shop. Neither the Molders nor the C. I. O. claims any interest in
the employees of the Machine Shop. The hours and other condi-
tions of employment at the Machine Shop differ from those at the
foundries.
We are of the opinion that the employees at each of the three plants
involved in this proceeding may properly constitute separate bargain-
ing units, two units, or a single appropriate unit, depending upon the
desires of the employees involved. We shall, therefore, make no final
determination of the appropriate unit at this time but shall direct that
8 Matter of France Foundry and Machinery Company, 49 N. L. R. B. 122. The Board
found that the Company had rendered assistance and support to International Union of
Operating Engineers ( A. F. L) in violation of the Act and ordered it to cease and desist
from recognizing the Engineers as theirepresentative of any of its employees at its Brass
Foundry or Gray Iron Foundry unless and until said organization is certified by the Board.
FRANCE FOUNDRY & MACHINE' COMPANY 1399
the questions concerning representation which have arisen be resolved
by elections by secret ballot among the following groups of employees :
(1) all employees of the Company 's Brass Foundry in Toledo, Ohio,
excluding departmental foremen, superintendents , clerical employees,
foundry clerks , timekeepers , and any other supervisory employees -
with the authority to hire, promote , discharge , discipline , or otherwise
effect changes in the status of employees , or effectively recommend
such action , to determine whether they desire to be represented by
International Molders & Foundry Workers Union of N. A., A. F. of L.,
or by International Union of Operating Engineers , Local No. 18, (A.
F. L.), or by United Automobile , Aircraft & Agricultural Implement
Workers of America , Local No. 12, (C. I. 0.), for the purposes of col-
lective bargaining , or by none ; (2) all employees of the Company's
Gray Iron Foundry in Toledo , Ohio, excluding departmental foremen,
superinendents , clerical employees , foundry clerks , timekeepers, and
any other supervisory employees with the authority to hire, promote,
discharge , discipline , or otherwise effect changes in the status of em-
ployees, or effectively recommend such action , to determine whether
they desire to be represented by International Molders & Foundry
Workers Union of N. A., A. F. of L., or by International Union of
Operating Engineers , Local No. 18 (A. F . L.), or by United Auto-
mobile, Aircraft & Agricultural Implement Workers of America,
Local No. 12, (C. I . 0.), for the purposes of collective bargaining, or
by none; and ( 3) all employees of the Company's Machine Shop in
North Baltimore, Ohio, excluding departmental foremen, superin-
tendents , clerical employees , timekeepers , and any other supervisory
employees with the authority to hire, promote, discharge , discipline,
or otherwise effect changes in the status of employees , or effectively
recommend such action , to determine whether or not they desire to
be represented by International Union of Operating Engineers, Local
No. 18, (A. F. L.), for the purposes of collective bargaining.4
Those eligible to vote shall be the employees in the enumerated
categories , who were employed during the pay-roll period imme-
diately preceding the date of the Direction of Elections herein, subject
to the limitations and additions set forth in the Direction.
Upon the results of the elections will depend, in part , the appro-
priate unit or units. If a majority of all three groups select the
Engineers , they will constitute a single appropriate unit. If a major-
ity of both foundry groups select the Molders , the C. I. 0., or the
Engineers , they may constitute a separate unit or, in the event they
select the Engineers . and the Machine Shop employees also select the
' Since neither the Molders nor the C. I. O. evidenced or claimed any interest In the
Machine Shop employees , we have not afforded said organizations a place on the ballot in
the election directed among the employees in voting group (3).
1400 DECISION'S OF NATIONAL LABOR RELLArrIONS BOARD
Engineers, they will be included in the larger unit. If a majority
of the employees of either foundry group alone select the Molders, the
C. I. 0., or the Engineers, they will constitute a separate unit. If a
majority of the employees in either foundry group alone and a major-
ity of the employees of the Machine Shop group select the Engineers,
they will constitute a separate unit.
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 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 representa-
tives for the purposes of collective bargaining with France Foundry
& Machine Company, Toledo, Ohio,-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 super-
vision of the Regional Director for the Eighth 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 those
employees who fall within the groups described below, who were em-
ployed 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 any who
have since quit or been discharged for cause:
(1) all employees of the Company's Brass Foundry in Toledo, Ohio,
excluding departmental foremen, superintendents, clerical employees,
foundry clerks, timekeepers, and any other supervisory employees
with the authority to hire,,promote,'discharge; discipline, or otherwise
effect changes in the status of employees, or effectively recommend
such action, to determine whether they desire to be represented by
International Molders & Foundry Workers Union of N. A., A. F. of L.,
or by International Union of Operating Engineers, Local No. 18,
(A. F. L.), or by United Automobile, Aircraft & Agricultural Imple-
ment Workers of America, Local No. 12, (C. I. 0.), for the purposes
of collective bargaining, or by none;
(2) all employees of the Company's Gray Iron Foundry in Toledo,
Ohio, excluding departmental foremen, superintendents, clerical em-
ployees, foundry clerks, timekeepers, and any other supervisory em=
ployees with the authority to hire, promote, discharge, discipline, or
otherwise effect changes in the status of employees, or effectively
FRANCE FOUNDRY & MACHINE COMPANY 1401
recommend such action, to determine whether they desire to be repre-
sented by International Molders & Foundry Workers Union of N. A.,
A. F. of L., or by International Union of Operating Engineers, Local
No. 18, (A. F. L.), or by United Automobile Aircraft & Agricul-
tural Implement Workers of America, Local No. 12, (C. I. 0.), for the
purposes of collective bargaining, or by none; and
(3) all employees of the Company's Machine Shop in North Balti-
more, Ohio, excluding departmental foremen, superintendents, cleri-
cal employees, timekeepers, and any other supervisory employees with
the authority to hire, promote, discharge, discipline, or otherwise
effect changes in the status of employees, or effectively recommend
such action, to determine whether or not they desire to be represented
by International Union of Operating Engineers, Local No. 18,
(A. F. L.), for the purposes of collective bargaining.
CHAIRMAN MILLIs took no part in the consideration of the above
Decision and Direction of Elections.