Frank Foundries Corp.

National Labor Relations Board - Board Decisions

Apr 8, 1943

48 N.L.R.B. 1025 (N.L.R.B. 1943)

In the Matter of FRANK FOUNDRIES CORPORATION and INTERNATIONAL
UNION, UNITED AUTOMOBILE, AIRCRAFT AND AGRICULTURAL IMPLE-
MENT WORKERS OF AMERICA, LOCAL No. 242, C. I. O.
Case No.1-5054.Decided April 8,1943
Jurisdiction : iron foundry industry.
Investigation and Certification of Representatives : existence of question : re-
fusal to accord petitioner recognition until certified by the Board ; election
necessary.
Unit Appropriate for Collective Bargaining : production and maintenance em-
ployees, excluding supervisory and clerical employees, watchmen, and pattern
makers ; stipulation as to.
Oakleaf & Churchill, by Mr. J. L. Oakleaf, of Moline, Ill., for the
Company. - -
Mr. Arnold Atwood, of Indianapolis, Ind., for the Union.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by International Union, United Automo-
bile, Aircraft and Agricultural Implement Workers of America, Local
No. 242, C. 1. 0., herein called the Union; alleging that a question affect-
ing commerce had arisen concerning the representation of employees of
Frank Foundries Corporation, Muncie, Indiana, herein called the Coin-
pany, the National Labor Relations Board provided for an appropriate
hearing upon due notice before Robert D. Malarney, Trial Examiner.
Said hearing was held at Indianapolis, Indiana, on March 25, 1943.
The Company and the Union appeared, participated, and 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.
48 N L R. B., No. 122.
1025
1026 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE.COMPANY
Frank Foundries Corporation is an Iowa corporation operating a
grey iron foundry at Muncie; Indiana. ' The Company sells materials
valued at about,$100,000 monthly, approximately 50 percent of which,
is shipped to'points outside the State of Indiana. The Company pur-
chases substantial quantities of raw materials from points outside the
State of Indiana.
II. THE ORGANIZATION INVOLVED
1 `
International Union, United Automobile Aircraft and Agricultural
Implement Workers of America, Local No. 242, is a labor organization,
affiliated with the Congress of Industrial Organizations, admitting to
membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company refuses to recognize the Union as exclusive representa-
tive of its employees until such time as the Union is certified by the
IBoard. ' -
A statement of the Field Examiner of the Board, introduced into evi-
dence during the hearing, indicates that the Union represents a sub-
stantial number of employees in the unit 'hereinafter found to be
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 National Labor Rela-
tions Act. '
IV. TIIE APPROPRIATE UNIT
,We find, in accordance with a stipulation of the parties, that all 3
production .and maintenance employees at the grey iron foundry of_
the Company, excluding supervisory and clerical employees, watch.
lien, and pattern makers, constitute a unit" appropriate' for the pur-
poses of collective bargaining, within the meaning. of Section 9 (b)
of the Act.
,' The Field Examiner reported that the Union presented 250 membership application
cards bearing apparently genuine signatures of persons whose names appear on the Febru-
ary 27, 1943 , pay roll of the Company . There are approximately 295 persons in the
appropriate unit
FRANK FOUNDRIES CORPORATION
V. THE'DETERMINATION OF REPRESENTATIVES -
1,027
We shall direct that the question concerning representation which
has 'arisen be resolved by means of an election by secret ballot among
the, employees in the appropriate unit 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 Union requests that it appear on the ballot as "U. A. W.-C. I. 0."
The request is hereby granted. -
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 2, as amended,
it is hereby
DIRECTED that, as part' of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Frank Foundries
Corporation, Muncie, Indiana, 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 directiotl and supervision
of the Regional Director for the Ninth 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 em-
ployees 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 any such 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,
to determine whether or not they desire to be represented by the
U. A. W.-C. I. O. for the purposes of collective bargaining.
521247-43-vol. 48-66