Roberts & Manders Stove Co., Hatboro Foundry Co. And International Molders' Union Of North America, 943 (1939)

In the Matter of ROBERTS & MANDERS STOVE CO., HATBORO FOUNDRY Co. and INTERNATIONAL MOLDERS' UNION OF NORTH AMERICA Case No. R-14.--Decided October 31, 1939 Stove and Foundry Industry-Investigation of Representatives: no question concerning representation: petition for, dismissed-Unit Appropriate for Collective Bargaining: unit composed of foundry employees, found not to be appropriate: divergent views of Board members: (1) (Smith concurring) bargaining relations for considerable period of time carried on by employees of stove and foundry plants together; separate bargaining unit of foundry employees inappropriate; (2) (Leiserson concurring) prior and existing contracts and previous election established unit consisting of employees of stove and foundry plants;

Board not authorized to change unit and establish two election units; (3) (Madden dissenting) foundry employees in other plants frequently represented by I. M. U. though other employees of employer represented by different or no union; foundry employees should be permitted to vote whether they desire separate unit or merge with stove-factory employees.

Mr. Jack Davis, for the Board.

Hepburn & Norris by Mr. W. B. Lex and Mr. Anthony G. Felix,

Jr., of Philadelphia, Pa., for the Companies.

Syme & Simons by Mr. Benj. R. Simons and Mr. Maurice Abrams, of Phildelphia, Pa., for the I. M. U.

Mr. M. H. Goldstein, of Philadelphia, Pa., for the S. W. O. C.

Mr. Herbert B. Galton, of counsel to the Board.

DECISION AND ORDER STATEMENT OF THE CASE On June 2, 1939, International Molders' Union of North America,herein called the I. M. U., filed with the Regional Director for the Fourth Region (Philadelphia, Pennsylvania) a petition alleging that a question affecting commerce had arisen concerning the representation of employees in the foundry of Roberts & Mander Stove Co.2 1 Although the petition was signed by International Molders' Union of North America, it is clear that Local No. 200 of the International Molders' Union of North America desires certification.

2 Incorrectly designated 'Roberts & Manders Stove Co.' in the formal papers.

and Hatboro Foundry Co., Hatboro, Pennsylvania, herein called the Companies, and requesting an investigation and certification of representatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On June 29, 1939, 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 1, 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 11, 1939, the Regional Director issued a notice of hearing, copies of which were duly served upon the Companies, upon the I. M. U., and upon Steel Workers Organizing Committee and Hatboro Lodge No. 1839, Amalgamated Association of Iron, Steel and Tin Workers of North America, herein called the S. W. O. C.' Pursuant to amended notice, a hearing was held on July 26, 27, and 28, 1939, at Hatboro, Pennsylvania, before James C. Paradise, the Trial Examiner duly designated by the Board. The Board, the Companies, the I. M. U., and the S. W. O. C. were represented by counsel and participated in the hearing. Full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues was afforded all parties. At the inception of the hearing, counsel for the S. W. O. C. moved to consolidate the instant case with a complaint case filed by the S. W. 0. C. against the Companies., The Trial Examiner reserved ruling on this motion, which we hereby deny. The Trial Examiner also denied the S. W. O. C.'s motions for continuance. At the conclusion of the hearing, counsel for the S. W. O. C. moved to dismiss the petition.

The Trial Examiner reserved ruling on this motion, which we hereby grant in accordance with the Decision and Order hereinafter set forth. During the course of the hearing, the Trial Examiner made several rulings on other motions and on objections to the admission of evidence. The Board has reviewed these rulings of the Trial Examiner and finds no prejudicial errors were committed. These rulings are hereby affirmed.

Pursuant to requests therefor by the S. W. O. C. and the I. M. U.

and notices to all parties, a hearing for the purpose of oral argument was held before the Board at Washington, D. C., on September s For the purposes of this Decision, Steel Workers Organizing Committee and Hatboro Lodge No. 1839, Amalgamated Association of Iron, Steel and Tin Workers of North America are considered as the same labor organization.

On July 20, 1939, the S. W. O. C. filed a charge (Case No. IV-C-694) that the Companies had engaged and were engaging in unfair labor practices within the meaning of Seetion 8 (1), (2), (3), and (5) of the Act. On August 2, 1939, the Regional Director refused to issue a complaint, and on October 3, 1939, the Board sustained the Regional Director in his refusal.

945 21, 1939. The I. M. U. and the S. W. O. C. were represented by counsel and participated in the argument. The I. M. U. also filed a brief with the Board.

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

FINDINGS OF FACT I. THE BUSINESS OF THE COMPANIES Roberts & Mander Stove Co., herein called the Stove Company, and Hatboro Foundry Co., herein called the Foundry Company, are corporations organized under the laws of the State of Pennsylvania.

The Foundry Company is a wholly owned subsidiary of the Stove Company. The office and principal place of business of the Companies are located at Hatboro, Pennsylvania. The Stove Company is engaged in the business of manufacturing gas and electric ranges, while the Foundry Company manufactures iron castings for the Stove Company.

The materials used by the Stove Company consist of sheet steel, brass fittings, enamel, wrought iron castings, and miscellaneous parts.

Eighty per cent of these materials are obtained by the Stove Company in Illinois, Kentucky, Michigan, New York, Ohio, West Virginia, and Wisconsin. The Foundry Company's materials consist of pig iron, scrap iron, coke, and sand. Eighty-five per cent of these materials are purchased and transported from Alabama, New Jersey, and New York.

During the Companies' last fiscal year, the Stove Company manufactured 45,271...