American Compressed Steel Corp.

National Labor Relations Board - Board Decisions

Feb 17, 1942

38 N.L.R.B. 1341 (N.L.R.B. 1942)

In the Matter of AMERICAN COMPRESSED STEEL CORP. and INT. HOD CAR-
RIERS, BUILDING & COMMON LABORERS UNION OF AMERICA, A. F. L.
Case No. R-346,0.-Decided February 17,1942
Jurisdiction : scrap iron and steel processing industry.
Investigation and Certification of Representatives : existence of question: re-
fusal to accord union recognition until, certified by the Board; election nec-
essary.
Unit Appropriate for Collective Bargaining : all employees of the Company,
excluding those serving in clerical, supervisory, or executive capacities ; crane
operators, press operators, and truck drivers included notwithstanding desire
of the Company for their exclusion.
Mr. Alfred B. Katz, of Cincinnati, Ohio, for the Company.
Mr. Ellsworth, Bundy, of Cincinnati, Ohio, for the International.
Mr. George H. Gentithes, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On November 3, 1941, Int. Hod Carriers, Building & Common
Laborers Union of America, A. F. L., herein called the International,
filed with the Regional Director for the Ninth Region (Cincinnati,
Ohio) a petition alleging that a question affecting commerce had
arisen concerning the representation of employees of American Com-
pressed Steel Corp., Cincinnati, Ohio, herein called the Company,
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 December 22, 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 Regulations-Series 2, as amended, or-
dered an investigation and authorized the Regional Director to con-
duct it and to provide for an appropriate hearing upon due notice.
On January 6, 1942, the Regional Director issued a notice of hear-
ing, copies of which were duly served upon the Company and upon the
38 N. L. R. B.. No 239.
1341
1342 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
International. Pursuant to notice, a hearing was held on January 13,
1942, at Cincinnati, Ohio, before Grant Cannon, the Trial Examiner
duly designated by the Chief Trial Examiner. The Company and
the International were represented and participated in the hearing.
Full opportunity to be. heard, to examine and cross-examine wit-
nesses, and to introduce evidence bearing on the issues was afforded
all parties. During.the course of the hearing the Trial Examiner
made several rulings on motions and 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
1. THE BUSINESS OF THE COMPANY
American Compressed Steel Corp. is a New Jersey corporation with
its principal offices in Trenton, New Jersey,. and its main business
done at two plants 1 in-Cincinnati, Ohio. At these two plants it is
engaged in manufacturing and processing scrap iron and steel into
prepared steel and steel billets. The Company purchases approxi-
mately $850,000 worth of raw materials each year, approximately
50 percent of which is secured from outside of the State of Ohio.
The Company sells approximately $1,025,000 worth of finished prod-
ucts each year, of which roughly 75 percent goes into interstate com-
merce. The Company admits that it is engaged in, commerce within
the meaning of the Act.
H. THE ORGANIZATION INVOLVED
Int. Hod Carriers, Building & Common Laborers Union of Amer-
ica is ' a labor organization affiliated with the American Federation
of Labor, admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The International requested ' the Company to recognize it as the
sole representative of the majority of the Company's employees for
the purposes of collective bargaining. The. Company refused to
recognize the International until its majority status had been certified
by the Board.
' The two plants are located at 1300 Woodrow Street and 90 0 E Front Street
AMERICAN COMPRESSED STEEL 'CORP. 1343
A statement of a Field' Examiner,-introduced in evidence at the
hearing, shows that the International represents a substantial number
of the Company's employees 2 '
We find that a question has arisen concerning the representation
of employees of the Company. II
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. -
V. THE APPROPRIATE UNIT'
'The International petitions for a unit consisting of all the employees
of the Company excepting those serving in clerical, supervisory, or
executive capacities. The Company agrees to the above unit except
that it desires the exclusion of the truck drivers, the crane operators,
and the press operators. 1 11 11
The cranemen are engaged chiefly in operating the cranes for-trans-
porting materials from one processing step to the next. , Their work
is an integral part of the production process, which consists-.of con-
verting the scrap iron into compressed steel and, steel billets. Sim-
ilarly integrated with all-the other production operations is the work
of the press operators who, receiving the scrap iron which has been
sheared into smaller segments, compress it into bales for delivery.
Thus, although these two groups of operators are more highly skilled,
their work is an essential and inseparable: part of the production
process. Moreover, whenever crane or press work is unavailable, such
operators perform other and less skilled manual labor about'the plant.
In view of the intimate, correlation of the tasks performed by these
employees, we conclude hat both crane operators and press operators
should be included in the' appropriate unit.
The drivers are in charge of operating the Company's trucks • for
hauling materials and products to and from the plants. Their duties
include loading and unloading of the truck. From time to time they
are also employed in general- manual labor about the plant 'similar
2 Twenty-six authorization cards were submitted , all of which were dated October -25, 1941:
All the signatures appear to be genuine original signatures . Twenty of the 26 signatures
are names appearing on the Company's pay roll of December 15, 1941 There are 35 in the
unit sought by the International ' '
1344 DECISIONS - OF NATIONAL LABOR RELATIONS BOARD
to that done by the other employees. We are of the opinion that
they should be included in the appropriate unit.
We find, therefore , that all employees of the Company, excluding
those serving in clerical , supervisory , or executive capacities , consti-
tute a unit appropriate for the purposes of collective bargaining, and
that such unit will insure to employees of the Company the full bene-
fit of their right to self-organization and to collective bargaining and
otherwise will effectuate the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
We find that the question concerning representation which has
arisen can best be resolved by the holding of an election by secret
ballot. We shall direct that all employees in they 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 , shall be eligible to vote.
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 Compressed Steel Corp ., Cincin-
nati, Ohio, within the meaning of Section 9 (c) and Section 2 (6)
and (7 ) of the National Labor Relations Act.
2. All the employees of the Company, excepting those serving in
clerical , supervisory , or executive capacities , 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, 49 Stat. 449, 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 ordered by the, Board
to ascertain representatives for the purposes of collective bargaining
with American Compressed Steel Corp., Cincinnati, Ohio, 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 direc-
tion and . supervision of the Regional Director for the Ninth Region,
acting in this matter as agent for the National Relations Board and
subject to Article III, Section 9, of said Rules and Regulations among
AMERICAN COMPRESSED STEEL CORP. 1345
all the employees of the Company, excepting those serving in clerical,
supervisory, or executive capacities, who were employed during the
pay-roll period immediately preceding the date of this Direction, in-
cluding 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
employees who have since quit or been discharged for cause, to de-
termine whether or not they desire to be represented by Int. Hod
Carriers, Building & Common Laborers Union of America, affiliated
with the American Federation of Labor, for the purposes of collective
bargaining.
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