American Metal Decorating Co.Download PDFNational Labor Relations Board - Board DecisionsAug 6, 195195 N.L.R.B. 1003 (N.L.R.B. 1951) Copy Citation AMERICAN METAL DECORATING COMPANY 1003 pendency of this petition? The Employer has not withdrawn from membership in the Industrial Conference Board, nor has it indicated an intent to abandon its practice of bargaining jointly with the other employer members of the Board, otherwise than for these employees during the pendency of this proceeding .3 In these circumstances, we are unable to find that the Employer has unequivocally evinced an intent henceforth to pursue a course of individual action with regard to its labor relations 4 Therefore we believe that the bargaining his- tory on a multiemployer basis is controlling in determining the ap- propriate unit, and we find that a unit comprising only the employees of this Employer is too limited in scope.5 As we have found that the unit herein proposed is inappropriate, we shall dismiss the petition. Order IT IS HEREBY ORDERED that the petition filed herein be, and it hereby is, dismissed. 2 This action , though it may have been laudably motivated, was apparently based on a misconception of the Employer ' s responsibilities and privileges under the Act See William Penn Broadcasting Company, 93 NLRB 1104. Cf. Midwest Piping and Supply Company, 63 NLRB 1060. 'A contract was executed by the Industrial Conference Board as of April 1, 1951, covering a separate multiemployer unit of truck drivers. The Employer, whose drivers are included in this unit , has not revoked the Industrial Conference Board's authority to represent it In negotiations for these employees. 4 Cf Associated Fleet Owners , et al, 90 NLRB No. 169; Carnation Company, 90 NLRB 1808. 5Aosociated Fleet Owners , supra; Carnation Company, supra ; Society of Independent Motion Picture Producers, and its Members , 94 NLRB 110 AMERICAN METAL DECORATING COMPANY and UNITED STEELWORKERS OF AMERICA, CIO, PETITIONER . Case No. 13-RC-1893. August 6, 1951 Decision and Order Upon a petition duly filed under Section 9 (c) of the National Labor Relations Act, a hearing was held before Helene Zogg, hearing officer. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed. Pursuant to the provisions of Section 3 (b) of the Act, the Board has delegated its powers in connection with this case to a three-member panel [Members Houston, Reynolds, and Styles]. Upon the entire record in this case, the Board finds : 1. The Employer is engaged in commerce within the meaning of the Act. 2. The labor organization involved claims to represent employees of the Employer. 95 NLRB No. 120. 1004 DECISIONS ' OF. NATIONAL LABOR RELATIONS BOARD 3. No question affecting commerce exists concerning the representa- tion of employees of the Employer, within the meaning of Section 9 (c) (1) and Section 2 (6) and (7) of the Act, for the following reasons, The Petitioner seeks a unit of production and maintenance employ- ees at the Employer's coating and lithographing plant at Chicago, Illinois. The Employer contends that an election should not be held at this time because of impending changes that will materially affect' the working conditions of the employees concerned. The Employer and Illinois Metal Decorating Company, hereinafter culled Illinois, with approximately 20 and 9 production employees •at,their Chicago and Lincolnwood, Illinois, plants, respectively, are engaged in the coating and lithographing of tin and black plate. Gary Steel Supply Company, hereinafter called Gary, is engaged at its Chicago main plant, hereinafter called the Gary main plant, with an undisclosed number of employees, in the processing of steel, and at its Chicago branch plant, hereinafter called the Gary branch plant, with approximately 55 production employees, in the sorting and slitting of tin and black plate. The Employer, Illinois, and Gary have interlocking officers and directors. The Employer has four officers : Its president, vice presi- dent, treasurer and assistant secretary, and secretary and assistant treasurer. The first three are also directors., The president is the vice president of Illinois, the president and a director of Gary, and the vice president and a director of Crown Metal Coating Company, a holding corporation, hereinafter called Crown. The vice president is the president and a director of Illinois. The treasurer and assistant secretary is the treasurer and a director of Illinois, the vice president, the treasurer, and a director of Gary, and the president, the treasurer, and a director of Crown. The secretary and assistant treasurer is the assistant secretary; the assistant treasurer, and a director of Illinois. About February 21, 1951, an exchange of stock took place between' the stockholders of the Employer and those of Illinois, whereby the stockholders in each corporation surrendered one-half of their shares and received in return a corresponding number of shares in the other corporation. At the time of the hearing, the Employer's president, vice president, and treasurer and assistant secretary, and Crown owned approximately 744 of the Employer's 1,000 shares of stock, 543 of Illinois' 730 shares of stock, 5,000 of Gary's 6,000 shares of stock, and 900 of Crown's 1,000 shares of stock. The Employer and Illinois have a common plant superintendent. ''For their processing ,purposes, they buy approximately' 75 percent of the tin and black plate processed at the Gary branch plant. The T.I SCOW STEEL TCOMPANY 1005 Gary branch plant operates under a plant superintendent. Clerical employees of Gary make up the Employer's payroll, and do some of its accounting work. Each plant involved herein has a hiring office. At the time of the hearing, held on May 25,, 1951, the Employer, Illinois, and Gary .were erecting a new building, otherwise and here- inafter called the Blue Island plant, to which they.expect to transfer their operations about August 1, 19511 After the transfer, approxi- mately 85 production and maintenance employees of the three con- cerns will punch the same time clock and have the same general work- ing conditions. The two plant superintendents will be retained. The Employer's president will determine policy with respect to hours and conditions of employment, wages, and similar matters for all, em- ployees, and conduct all labor negotiations. There will be common hiring and purchasing offices, and common office clerical and main- tenance employees. The Employer, Illinois, and Gary will contrib- ute their proportionate shares to the payment of common overhead expenses, including those for maintenance, taxes, water, heating, lighting, fuel, and wages of office clerical employees. Employees at the Gary main plant will prepare and file income tax returns cover- ing the corporations, and withholding and social security tax re- turns covering employees at the Blue Island plant, and will make up its payroll. Under these circumstances, we are of the opinion that no useful purpose will be served if we proceeded with a determination of rep- resentatives at this time.2 We shall therefore dismiss the petition herein, without prejudice to the filing of a new petition after opera- tions have begun at the Blue Island plant. Order Upon .the entire record in this case, the National Labor Relations Board hereby orders that the petition be, and it hereby is, dismissed without prejudice. 1 The operations of the Gary main plant will not be transferred to the Blue Island plant. 2 International Harvester Company, Chattanooga Works, 73 NLRB 436 and cases cited therein. TRUSCON STEEL COMPANY and UNITED STEELWORKERS OF AMERICA, CIO, PETITIONER . Case No., 8-RC-1012. August 7, 1951 Decision and Direction of Election Upon a petition duly filed under Section 9 (c) of the National La- bor Relations Act, a hearing was held before Bernard Ness, hearing 95 NLRB No. 116. 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