American Lead Corp.

National Labor Relations Board - Board Decisions

Jan 20, 1943

46 N.L.R.B. 1252 (N.L.R.B. 1943)

In the Matter of AMERICAN LEAD CORP. and INTERNATIONAL UNION OF
MINE, MILL AND SMELTER WORKERS, AFFILIATED WITH THE C. I. O.
Case No. R-4708.-Decided January 00, 1943 ,
Jurisdiction : metal refining industry. '
Investigation and Certification of Representative s : existence of question:
stipulation as to ; election necessary.
Unit Appropriate for Collective Bargaining : all production and maintenance
employees at one plant of Company, excluding supervisory and clerical em-
ployees; stipulation as to.
White, Wright d Boleman, by Mr. Burrell Wright, of Indianapolis,
Ind., for the Company.
Mr. Powers Hapgood and Mr. Carson C. Preston, of Indianapolis,
Ind., for the Union.
Miss Muriel J. Levor, of counsel to the Board.
DECISION
AND ,
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by International Union of Mine, Mill and
Smelter Workers, affiliated with the C. I. 0., herein called the Union,
alleging that a question affecting commerce had arisen concerning the
representation of employees of American Lead Corp., Indianapolis,
Indiana, herein called the Company, the National Labor Relations
Board provided for an appropriate hearing upon due notice before
Robert D. Malarney, Trial Examiner. Said hearing was held at In-
dianapolis, Indiana, on December 30, 1942. The Company and the
Union appeared, participated, and were afforded full opportunity to
be heard, to examine and cross-examine witnesses, and to introduce evi-
dence bearing on the issues. The Trial Examiner's rulings made at
the hearing are free from prejudicial error and are hereby affirmed.
Upon the entire record in the case,, the Board makes the following :
46 N. L. R. B., No. 152.
1252
AMERICAN LEAD CORP . 1253 "
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
American Lead Corp., an Indiana corporation, has its principal
place of business at Indianapolis, Indiana, where it maintains one
plant which is alone here involved. It is engaged in the refining of
non-ferrous metals. Its raw materials consist of scrap and new metals,
which it refines to make pig lead, babbitt, solder, and similar non-
ferrous products. The Company purchases annually for its Indian-
apolis, Indiana, plant, raw materials- of the approximate value, of
$200,000,'of which 50 percent is shipped to it from points outside the
State of Indiana. Annually the Company sells products of the ap-
proximate value of $300,000, of which, 50 percent is shipped to points
outside that State.
The Company admits' that it is engaged in commerce within the
meaning of the National Labor Relations Act.
H. THE ORGANIZATION INVOLVED
International Union of Mine, Mill and Smelter Workers is a labor
organization affiliated with the Congress of Industrial Organizations,
admitting to membership employees of the Company-
M. THE QUESTION CONCERNING REPRESENTATION
The parties stipulated at the hearing that, a question concerning
representation has arisen in that the Union requested the Company
to recognize it .as sole bargaining representative for the production
and maintenance employees of the Company. The Company refused
to so recognize the Union unless and until the Union is duly certified
as such by the'Board.
A statement of the Regional Director, introduced into evidence
at the hearing, indicates that the Union represents a substantial num-
ber of employees in the unit hereinafter found 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
Relations Act.
1 The Regional Director reported that the Union had submitted 31 application cards, of
which 25 were dated October and November 1942, and the remainder undated ; that 28
cards, all of which appeared to bear genuine signatures , bore the names of persons, on the
Company's pay roll of December 19, 1942, containing a total of 41 names within the
appropriate unit.
1254 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
IV. THE APPROPRIATE UNIT
We find, in accordance with the stipulation of the parties, that all
production and maintenance employees of the Company at its Indian-
apolis, Indiana, plant, excluding supervisory and clerical employees,
constitute a'unit appropriate for the purposes of collective bargaining
within-the meaning of Section 9 (b) of the Act.,
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which,
has arisen be resolved by an election by secret ballot'among the em-
ployees in the appropriate unit who were employed during the pay-
roll period immediately preceding the date of the Direction of Elec-
tion, herein, subject to the limitations and additions set forth in the
Direction.
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 Re-
lations 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 American Lead
Corp., Indianapolis, 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 of Election, under the direction and
supervision of the Regional Director ,for the Eleventh 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 all employees of the Company 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 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 International Union of Mine, Mill and Smelter Workers, affiliated
with the Congress of Industrial Organizations, for the purposes of
collective bargaining. - •
MR. Wm . M. LEISERSON took no part in the consideration of the above
Decision and Direction of Election.