American Bridge Co.

National Labor Relations Board - Board Decisions

Jan 28, 1942

38 N.L.R.B. 624 (N.L.R.B. 1942)

In the Matter Of AMERICAN BRIDGE COMPANY and LOCAL UNION PTO.
1117, STEEL WORKERS ORGANIZING COMMITTEE (C. I. 0.)
Case No. R-3423.-Decided January 28, 1942
Jurisdiction : structural steel fabrication industry
Investigation and Certification of Representatives : existence of question: re-
fusal to accord union recognition until certified by the Board; election
necessary.
Unit Appropriate for Collective Bargaining : all employees of the Company at
its Gary, Indiana, plant, excluding foremen, assistant foremen or super-
visors in charge of any class of labor, watchmen, guards, salaried employees
designers , clerks , draftsmen , and engineers.
Knapp, Allen cf Cushing, by Cllr. Paul R. Conaghan, of Chicago.
111., for the Company.
Mr. Lee Pressman, of Washington, D. C., Mr. Arthur J. Goldberg
and Mr. John J. Brownlee, of Chicago, Ill., and Mr. Frank Grider,
of Gary, Ind., for the S. W. O. C.
Mr. Marry P. Sharavsley, of Gary, Ind., for the Association.
Mr. Willinnn F. Seharnikow, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On October 10, 1941, Local Union No. 1117, Steel Workers Organiz-
ing Committee, affiliated with the Congress of Industrial Organiza-
tions, herein called the S. W. O. C., filed with the Regional Director
for the Thirteenth Region (Chicago, Illinois) a petition alleging .that
a question affecting commerce had arisen concerning the representa-
tion of employees of American Bridge Company, Gary, Indiana.
'herein called the Company, and requesting an investigation and
certification of representatives pursuant to Section 9 (c) of the Na-
tional Labor Relations Act, 49 Stat. 449, herein called the Act. On
October 23, 1941, 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 Regula-
tions-Series 2, as amended, ordered an investigation and authorized
38 N. L. R. B., No. 125.
624
AMERICAN BRIDGE COMPANY 625
the Regional Director to conduct it and to provide for an
appropriate hearing upon due notice.
On November 25, 1941, the Regional Director issued a notice of
hearing, and, thereafter, several orders of continuance, copies of
which were duly served upon the Company, the S. W. O. C., and
Employees Bargaining and Benefit Association, Gary Plant of the
American Bridge Co., herein called the Association, and unaffiliated
labor organization claiming to represent employees directly affected
by the investigation. Pursuant to the notice and the orders of con-
tinuance, a hearing was held on December 19, 1941, at Chicago,
Illinois, before Isaiah S. Dorfman, the Trial Examiner duly desig-
nated by the Chief Trial Examiner. The Company, the S. W. O. C.,
and the Association 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 oil the issues
was afforded all parties. During the course of the hearing the Trial
Examiner made rulings on several motions and 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.
After the hearing, on December 26, 1941, the Association filed a
brief with the Board, which it has considered.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE CO31PANY
American Bridge Company, a New Jersey corporation, is engaged
in the fabrication of structural steel with 6 plants in 5 States,' 11
sales offices in 9 States,2 and 4 warehouses in 3 States.' The present
proceeding concerns approximately 1,450 of a total of 1,750 persons
employed by the Company at its plant in Gary, Indiana. During
1940, 75.5 percent or 69,950 tons of this plant's supply of rolled iron
and steel was shipped from, and 86.6 percent or 59,222 tons of its
production of fabricated structural steel was shipped to, points out-
side of the State of Indiana. The Company admits, for the purpose of
the proceeding, that it is engaged in interstate commerce.
'Gary, Indiana ; Elmira , New York; Trenton, New Jersey ; Ambridge , Pennsylvania,
Pittsburgh, Pennsylvania , and Minneapolis , Minnesota.
. 2 Chicago , Illinois ; Cleveland , Ohio , Pittsburgh , Pennsylvania ; New York , New York,
Detroit , Michigan ; Philadelphia , Pennsylvania ; Baltimore, Maryland ; Cincinnati, Ohio ;
St Louis , Missouri; Denver , Colorado ; and Boston , Massachusetts
'Trenton, New Jersey ; Philadelphia, Pennsylvania ; Pittsburgh, Pennsylvania ; and
Gary, Indiana.
438861-42-vol 38-41
626 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
II. THE ORGANIZATIONS INVOLVED
Local Union No. 1117, Steel Workers Organizing Committee, is a
labor organization affiliated with the Congress of Industrial Organi-
zations, admitting to membership employees of the Company.
Employees Bargaining and Benefit Association, Gary Plant of
the American Bridge Co., is an unaffiliated labor organization
admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On April 1, 1941, the Company, by written agreement introduced
in evidence, recognized the S. W. O. C. as the collective bargaining
agent of that organization's members, but it has since refused to
recognize the S. W. O. C. as the exclusive representative of all the
Company's employees in the unit hereinafter found to be appropriate
unless and until the Board so certifies. The testimony and the
exhibits submitted at the hearing and a statement of the Regional
Director, admitted in evidence, show that the S. W. O. C. represents
a substantial number of the Company's employees in the unit herein-
after found to be appropriate, and that, under the circumstances,
the Association represents a sufficient number of such employees to
entitle it to a place on the ballot in an election.4
We find that a question has arisen concerning representation of
employees of the Company.
IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON
COMMERCE
We find that the question concerning representation which has
arisen, occurring in connection with the operations of the Company,
described in Section I above, has a close, intimate, and substantial
relation to trade, traffic, and commerce among the several States, and
tends to lead to labor disputes burdening and obstructing commerce
and the free flow of commerce.
"The S. W. 0 C. submitted to the Regional Director its contract with the Company At
the hearing it also introduced in evidence , its original records of the continuing member-
ships of 1 , 259 of the Company's employees who, according to the Company , worked on
November 1, 1941 , in the unit of 1,450 persons hereinafter found to be appropriate.
The Association submitted to the Regional Director 314 dues-payment cards and 126
membership applications , the latter bearing apparently genuine signatures . One hundred
thirty-four of the dues -payment cards contained the names of persons employed in the unit
according to the Company 's pay roll of October 15, 1941 Ninety-nine of the membership
applications bore signatures duplicating the names of persons on the 134 dues-payment
cards No report was made as to the remaining 27 membership applications.
That , under the circumstances , the Association should be on the ballot , see Matter of
Harvill Aircraft Die Casting Corporation and International Union of United Automobile
Workers of America, Local 863, C. 1 0 , 28 N. L. R. B, No . 70; Matter of Marshall Field &
Company and Local 291, United Retail, Wholesale and Department Store Employees of
America (C I. 0 ), 35 N L R B , No. 214 ; and cases therein cited
AMERICAN BRIDGE COMPANY
V. THE APPROPRIATE UNIT
627
The Company and the S. W. 0. C. agree that all employees of the
Company at its Gary, Indiana, plant, excluding foremen, assistant
foremen or supervisors in charge of any classes of labor, watchmen,
guards, clerical or salaried employees, draftsmen, drafting engineers,
and designers, constitute an appropriate unit.
The Association contends that the unit should include engineers,
draftsmen, and clerks, but has offered no evidence in support of its
contention. A stipulation of the parties, in evidence, indicates, and
we find, that the engineers, draftsmen, and clerks are treated differ-
ently than production employees generally, with reference to vaca-
tions, holidays, sick leave, and salary or wage periods, and that the
former group is engaged in either clerical, planning; or designing
work. We shall exclude engineers, draftsmen, and clerks from the
unit.
We find that all employees of the Company at its Gary, Indiana,
plant, excluding foremen, assistant foremen or supervisors in charge
of any classes of labor, watchmen, guards, clerical or salaried em-
ployees, draftsmen, drafting engineers, and designers, constitute a
unit appropriate for the purposes of collective bargaining, and that
said unit will insure to employees of the Company the full benefit of
their right to self-organization and to collective bargaining and
otherwise effectuate the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
The Company and the S. W. 0. C., by stipulation in evidence, agreed
to a check by the Regional Director of the original membership rec-
ords of the S. W. O. C. against the Company's pay roll of November 1,
1941, to determine whether the S. W. 0. C. represents a majority of the
Company's employees in the appropriate unit. The Association, con-
tending that the adherence of a number of the employees to the
S. W. 0. C. had been secured by coercion,' requested an election. We
find that the question which has arisen concerning the representation
of employees of the Company can best be resolved by an election by
secret ballot.6 In accordance with our usual practice, we shall direct
"The Trial Examiner rejected the Association's offer to prove coercion Cf. Matter of
Fisher Body Corporation and United Automobile Workers of America Local 76, 7 N. L. R B
1083, 1092.
'Matter of Cudahy Pacl5inq Company and United Packinghouse Workers of America,
Local No. 21, of the Packinghouse Workers Organtizing Committee, 13 N. L. R B. 526;
Armour & Company and United Packinghouse Workers, Local Industrial Union No. 13
of Packinghouse Workers Organizing Committee, 13 N. L. R. B. 567; Alpena Garment Com-
pany, Inc. and International Ladies Garment Workers Union, 13 N L. R. B. 720; Isthmian
Steamship Company and Commercial Telegraphers Union, Marine Division, A F of L.,
13 N. L. R B. 969; Armour & Company of Delaware and United Packinghouse Workers,
Local Industrial Union No 3417, Division 8, of the Packing House Workers Organizing
Committee, affiliated with the Congress of Industrial Organizations, 13 N. L. R. B. 1143.
628 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
that the persons eligible to participate in the election shall be the
employees in the appropriate unit who worked for the Company dur-
ing the pay-roll period immediately preceding the date of the Direc-
tion of Election herein, subject to such limitations and additions as
are set forth in the Direction.
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following :
CONCLUSIONS OF LAW
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of American Bridge Company, Gary, Indiana,
within the meaning of Section 9 (c) and Section 2 (6) and (7) of
the National Labor Relations Act.
2. All employees of the Company at its Gary, Indiana, plant, ex-
cluding foremen, assistant foremen or supervisors in charge of any
classes of labor, watchmen, guards, clerical or salaried employees,
draftsmen, drafting engineers, and designers, constitute a unit appro-
priate for the purposes of collective bargaining, within the meaning
of Section 9 (b) of the National Labor Relations Act.
. 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 8, of National Labor Relations
Board Rules and Regulations-Series 2, as amended, it is hereby
DIRECTED that, as part of the investigation authorized by the Board
to ascertain representatives for the purposes of collective bargaining
with American Bridge Company , Gary, 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 direction and
supervision of the Regional Director for the Thirteenth Region, act-
ing in this matter as agent for the National Labor Relations Board
and subject to Article III, Section 9, of said Rules and Regulations,
among all employees who worked for the Company at its plant in
Gary, Indiana, during the pay-roll period immediately preceding the
date of this Direction of Election , including employees who did not
work during such pay-roll period because they were ill or on vacation,
or in the active military service or training of the United States, or
temporarily laid off, but excluding foremen, assistant foremen or
supervisors in charge of any classes of labor, watchmen , guards, cler-
ical or salaried employees , draftsmen , drafting engineers , and de-
signers , and those employees who have since quit or been discharged
AMERICAN BRIDGE COMPANY 629
for cause, to determine whether they desire to be represented for
purposes of collective bargaining by Local Union No. 1117, Steel
Workers Organizing Committee, affiliated with the Congress of Indus-
trial Organizations, or by Employees Bargaining and Benefit Associa-
tion, Gary Plant of the American Bridge Co., unaffiliated, or by
neither.