American Steel & Wire Co.

National Labor Relations Board - Board Decisions

Sep 28, 1942

44 N.L.R.B. 581 (N.L.R.B. 1942)

In the Matter of AMERICAN STEEL & WIRE COMPANY , WAUKEGAN
WORKS and UNITED STEELWORKERS OF AMERICA , C. I. 0.
Case No. R-42'92.-Decided September 28, 1942
Investigation and Certification of Representatives : stipulation for certification
upon consent election.
Mr. Charles A. Graham, for the Board.
Mr. John J. Brownlee, of Chicago, Ill., for the Union.
Mr. Paul Conaghan, of Chicago, Ill., for the Company.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
Upon petition and amended petition duly filed by United Steelwork-
ers of America, C. I. 0., herein called the Union, alleging that a ques-
tion affecting commerce lead arisen concerning the representation of
employees of American Steel &-, Wire Company, herein called the Com-
pany, engaged at Waukegan, Illinois, in the manufacture of steel and
wire products, the National Labor Relations Board provided for an
appropriate hearing upon due notice. On August 28, 1942, before a
hearing was held, the Company, the Union, and the Regional Director
for the Thirteenth Region (Chicago, Illinois) entered into a "Stipula-
tion for Consent Election and Certification."
Pursuant to the stipulation, an election by secret ballot was con-
ducted on September 11, 1942, under the direction and supervision of
the Regional Director, among all clerical and office employees compen-
sated on a turn salary basis employed at the Waukegan plant of the
Company, excluding supervisory (supervisors in charge of any classes'
of employees), administrative, and confidential employees, policemen,
watchmen, guards, students, trainees, and technical apprentices, to
determine whether or not they desired to be represented by the Union
for the purposes of collective bargaining. On September 17, 1942, the
Regional Director issued and duly served upon, the parties an Election
Report on the ballot. No objections to the conduct of the ballot or the
Election Report have been filed by any of the parties.
44 N. L. R. B., -No 109.
581
582 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
As to the balloting and its results, the Regional Director reported as
follows :
Total on eligibility list--------------------------------------- 111
Total ballots'cast___________________________________________ 96
Total ballots challenged------------------------------------- 0
Total blank ballots------------------------------------------ 1
Total void ballots------------------------------------------- 1
Total valid votes cast--------------------------- ---------- 94
Votes cast for United Steelworkers of America, C. I. 0---------- 76
Votes cast against United Steelworkers of America, C. I 0------ 18
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 American Steel & Wire Company, Waukegan,
-Illinois, within the meaning of Section 9 (c) and Section 2 (6) and (7)
of the National Labor Relations' Act.
2. All clerical and office employees compensated on a turn salary
basis at the Waukegan plant of the Company, excluding supervisory
(supervisors in charge of any classes of employees), administrative,
and confidential employees, policemen, watchmen, guards, students,
trainees, and technical apprentices, 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 employees in said unit, within the meaning 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 HEREBY 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 clerical and office employees
compensated on a turn salary basis at the Waukegan plant of American
Steel & Wire Company, excluding supervisory (supervisors in charge
of any classes of employees), administrative, and confidential em-
ployees, policemen, watchmen, guards, students, trainees, and technical
AMERICAN STEEL & WIRE COMPANY 583
apprentices, as their representative for the purposes of collective bar-
gaining, and that pursuant to Section 9 (a) of the Act, United Steel-
workers of America, affiliated with the Congress of Industrial Organi-
zations, 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 employment.
MR. AVM. M. LEISERSON took no part in the consideration of the above
Decision and Certification of Representatives.
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