American Steel & Wire Co.

National Labor Relations Board - Board Decisions

Aug 31, 1942

43 N.L.R.B. 850 (N.L.R.B. 1942)

,In the Matter of CYCLONE FENCE DIVISION, AMERICAN STEEL & WIRE
COMPANY and UNITED STEELWORKERS OF AMERICA (C. I. 0.)
Case No. R-4174.-Decided August 31, 1942
Investigation and Certification of Representatives : stipulation for certification
upon consent election.
Mr. Charles L. Douds, for the Board.
-Mr. F. J. Burtt, of Cleveland, Ohio, for the Company.
Mr. William F. Donovan and Mr. Joseph, Kaneeki, of Cleveland,
Ohio, for the Union.
Mr. Gilbert V. Rosenberg, of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF TI-IE CASE
Upon petition duly filed by United Steelworkers of America (C. I.
'O.), herein called the Union, alleging that a question affecting com-
merce had arisen concerning, the representation of employees of
-Cyclone Fence Division, American Steel & Wire Company, herein
called the Company, engaged at Cleveland, Ohio, in the manufacture
of steel and wire fence, the National Labor Relations Board provided
for an appropriate hearing upon due notice. On July 29, 1942, before
a hearing was held, the Company, the Union, and the Regional Direc-
tor for the Eighth Region (Cleveland, Ohio) entered into a
"'STIPULATION FOR CERTIFICATION UPON CONSENT
ELECTION."
Pursuant to the stipulation, an election by secret ballot was con-
ducted on August 11, 1942, under the direction and supervision of'the
Regional Director, among all production and maintenance employees
of the Company at its Cleveland, Ohio, plant, excluding salaried em-
ployees, foremen, assistant foremen, supervisors in charge of any
classes of labor, watchmen, guards, and confidential clerical employees
regardless of method of compensation (but not excluding other cler-
ical employees on an hourly wage-rate basis), to determine whether
43 N. L. R. B., No. 139.
850 _
CYCLONE, FENCE. DTTISTON,-'AM.ERTCAN' STEEL & WIRE, Co. - 851
or.
'
not they desired to be represented by the Union for the purposes
of collective bargaining. On August 12, 1942, the Regional Director
,issued and duly served upon the parties an Election Report. on the
ballot. No objections to the conduct,of the' election or the Election
Report 'have`been filed by any of the parties.
As to the,balloting and its results, the Regional Director reported
as follows :
Total on- eligibility list---------------------------------------- --- --- ---- 58
Total ballots cast-----------------"-------------------------- 39
Total ballots challenged------------------------------------- 0
Total blank ballots------------------------------------------ 0
Total void ballots------------------------------------------ 0
Total valid votes counted---------- --------------------------- 39
Votes cast for United Steelworkers of America (C I 0.) -------- 37
Votes cast against United Steelworkers of America (C. I. 0 2
Upon the basis of the stipulation, the Election Report, and the entire
record in the case, the Board makes the following :
FINDINGS OF FACT
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of Cyclone Fence Division, American Steel &
Wire Company, Cleveland, O17io;,-within the meani'ng.(if Section 9 (c)
and Section 2 (6) and (7) of the National Labor Relations Act.
2. All production and maintenance employees of the Company at its
Cleveland, Ohio, plant, excluding salaried employees, foremen, assist-
ant foremen, supervisors-in charge of any classes of labor, watchmen,
guards, and confidential clerical employees regardless of method of
compensation (but not excluding other clerical employees on an hourly
wage-rate basis), constitute 'a,' unit' appropriate for the purposes of
collective bargaining, within the meaning of Section 9 (b) of the Act.
3. United Steelworkers of America, affiliated with the Congress of
Industrial Organizations, has been designated and selected by a major-
ity of the employees in the above unit as their representative for the
purposes of collective bargaining and is the exclusive representative
of all tbe,employees in said unit, within the weanin'g,of Section 9 (a)
of the Act.
CERTIFICATION OF REPRESENTATIVES
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,
IT IS HERESY CERTIFIED that United Steelworkers of America, affili-
ated with the Congress of Industrial Organizations, has been desig-
nated and selected, by a -majority of all production and maintenance
employees 'at the Cleveland, Ohio, plant of Cyclone Fence Division,
8552 DECISIONS OF "NATIONAL -LABOR RELATIONS BOARD
American Steel & Wire Company, excluding salaried employees, fore-
men, assistant foremen, supervisors in charge of any classes of labor,
watchmen, guards, and confidential clerical employees regardless of
method of-compensation (but not excluding other clerical employees
on an hourly wage-rate basis), as their representative for the purposes
of collective bargaining, and that, pursuant;to Section 9 (a) of the
Act, United Steelworkers of, America, affiliated- with the Congress- of
Industrial Organizations, is the exclusive representative of all such
employees for the purposes of collective bargaining in respect to rates
of pay, wages, hours of employment, and other conditions of,employ-
ment.
'CHAIRMAN MILLIS took no part in the consideration of the above
Decision and Certification of Representatives.