Quality Aluminum Casting Co. And Pattern Makers League Of North America, Milwaukee Association (a. F. L.), 516 (1940)

In the Matter of QUALITY ALUMINUM CASTING CO. and PATTERN MAKERS LEAGUE OF NORTH AMERICA, MILWAUKEE ASSOCIATION (A. F. L.) Case No. R-1943.-Decided August 12, 1940 Jurisdiction: automotive parts manufacturing industry.

Investigation and Certification of Representatives: existence of question: dispute as to appropriate unit; contract renewed with notice of rival union's claim, no bar to.

No election necessary where Board found the unit requested to be appropriate and parties stipulated that certification would be proper should the Board so find.

Unit Appropriate for Collective Bargaining: pattern makers and pattern makers' apprentices.

Although rival industrial union contended that pattern makers and pattern makers' apprentices are properly included in an industrial unit pursuant to the terms of a contract with the Company the Board found, however, that they were orally excluded from said contract and in view of the dissimilarity of wages and work and the fact that prior and subsequent to the execution of said contract the craft union had furnished the Company with such employees and had bargained and reached oral agreements concerning their wages, hours, and conditions of employment, the Board held that they constitute an appropriate unit.

Mr. D. B. Malone, of Waukesha, Wis., for the Company.

Mr. Roy E. Rogers, of Hammond, Ind., for the Pattern Makers League.

Mr. Lawrence Carlstrom, of Milwaukee, Wis., for the U. A. W.

Mr. Ben Law, of counsel to the Board.

DECISION AND CERTIFICATION OF REPRESENTATIVES STATEMENT OF THE CASE On June 6, 1940, Pattern Makers League of North America, Milwaukee Association (A. F. L.), herein called the Pattern Makers League, filed with the Regional Director for the Twelfth Region (Milwaukee, Wisconsin) a petition alleging that a question affecting commerce had arisen concerning the representation of employees of Quality Aluminum Casting Co., Waukesha, Wisconsin, herein called the Company, and requesting an investigation and certification of 516 517 representatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On June 29, 1940, the National Labor Relations Board, herein called the Board, acting pursuant to Section 9 (c) of the Act and Article III, Section 3, of National Labor Relations Board Rules and Regulations-Series 2, as amended, ordered an investigation and authorized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice. On July 1, 1940, the Regional Director issued a notice of hearing, copies of which were duly served upon the Company, the Pattern Makers League, and International Union, United Automobile Workers of America, Local 445, (C. O. I.), herein called the U. A.W., an organization claiming to have an interest in the subject matter of the proceeding.

Pursuant to notice, a hearing was held on July 11, 1940, at Waukesha, Wisconsin, before Jacob I. Karro, the Trial Examiner duly designated by the Board. The Company, the Pattern Makers League, and the U. A. W. were represented by counsel and participated in the hearing. Full opportunity to be heard, to examine and cross-examine witnesses and to introduce evidence was afforded all parties. During the course of the hearing the Trial Examiner made various rulings on objections to the admission of evidence. The Board has reviewed the rulings of the Trial Examiner and finds that no prejudicial errors were committed. The rulings are hereby affirmed.

Upon the entire record in the case the Board makes the following:

FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY The Quality Aluminum Casting Co. is a Wisconsin corporation engaged at its plant in Waukesha, Wisconsin, in the manufacture of aluminum castings for automobile parts and automobile machinery.

The principal raw materials used by the Company in its manufacturing processes are aluminum ingots and foundry sand. The value of such materials so used in 1939 was approximately $200,000. Approximately 80 per cent of such materials, computed by value, were shipped to the Company's plant at Waukesha from points outside Wisconsin.

The value of products manufactured by the Company during 1939 was approximately $375,000. Of this output, approximately 75 per cent, computed by value, were shipped by the Company from its plant at Waukesha to points outside Wisconsin.

2. THE ORGANIZATIONS INVOLVED Pattern Makers League of North America, Milwaukee Association, is a labor organization affiliated with the American Federation of Labor admitting to membership persons employed as pattern makers and pattern makers' assistants or apprentices at the Company's plant.

   International Union, United Automobile Workers of America, Local No. 445, is a labor organization affiliated through International Union,

   United Automobile Workers of America with the Congress of Industrial Organizations. It admits to membership employees of the Company, exclusive of watchmen.

3. THE QUESTION CONCERNING REPRESENTATION Prior to filing its petition on June 6, 1940, the Pattern Makers League requested the Company for recognition as the exclusive bargaining representative of the pattern makers and the pattern makers' apprentices employed by the Company. The Company replied, and thereafter took the...