Atlas Fence Co.

National Labor Relations Board - Board Decisions

May 7, 1945

61 N.L.R.B. 984 (N.L.R.B. 1945)

In the Matter of ATLAS FENCE COMPANY, INDUSTRIAL FABRICATED
METALS DIVISION and INTERN.\TbONAL ASSOCIATION OF BRIDGE , STRUC-
TURAL AND ORNAMENTAL IRON WORKERS LOCAL #502, A. F. OF L.i
Case No. 4-R-1669.-Decided May 7, 1945
Mr. Walter McGarvey, of Philadelphia, Pa., for the Company.
Mr. Arthur S. Lee, of Philadelphia, Pa., for the Union.
Miss Aida. Casanas, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by International Association of Bridge,
Structural and Ornamental Iron Workers, Local #502, A. F. of L.,
herein called the Union, alleging that a question affecting commerce
had arisen concerning the representation of employees of Atlas Fence
Company, Philadelphia, Pennsylvania, herein called the Company,
the National Labor Relations Board provided for an appropriate
hearing upon due notice before Eugene M. Purver, Trial Examiner.
Said hearing was held at Philadelphia, Pennsylvania, on March 8
and 19, 1945. The Company and the Union appeared and partici-
pated. All parties were afforded full opportunity to be heard, to ex-
amine and cross-examine witnesses, and to introduce evidence bearing
on the issues. The Trial Examiner 's rulings made at the hearing are
free from prejudicial error and are hereby affirmed. All parties were
afforded an opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Atlas Fence Company, Industrial Fabricated Metals Division, is a
Pennsylvania corporation, engaged entirely at the present time in
production of war material, manufacturing aerial fragmentation
bomb cluster shipping bands for the United States Army, Navy, and
61 N L R. B, No. 164.
984
ATLAS FENCE COMPANY 985
Maritime Service. Its sole plant and principal place of business is
in Philadelphia , Pennsylvania . Ninety-eight percent in value of its
raw materials , consisting principally of pressed steel, is acquired from
warehouses and mills located within the Commonwealth of Pennsyl-
vania. The value of the raw materials acquired directly from points
outside the Commonwealth of Pennsylvania and shipped therefrom
to the Company's plant in Philadelphia, Pennsylvania, during the
calendar year 1944, was about $20,000 . For the same period the value
of the Company's finished products , all of which were delivered to
the United States Army, Navy, or Maritime Commission at points
within the Commonwealth of Pennsylvania was over $1,000,000. In
the recent past and at present all of the Company 's products have
been and are delivered to the United States Ordnance Department in
Philadelphia.
Although the record does not specifically indicate the ultimate des-
tination of the Company 's products , the Company 's representative
stated at the hearing that these products are "an all-out emergency
item," badly needed by our armed forces wherever they are fighting
throughout the world, and has the highest priority." It also appears
that the Company has on occasion furnished certain manufactured
items to other concerns engaged in producing munitions , as an ac-
commodation to such concerns and to the War Department.
The Company does not concede the jurisdiction of the Board, but
we find that it is engaged in commerce within the meaning of the
National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
International Association of Bridge, Structural and Ornamental
Iron Workers, Local #502, affiliated with the American Federation
of Labor, is a labor organization admitting to membership employees
of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the Union as the
exclusive bargaining representative of its employees on the ground
that it had no knowledge as to the extent to which the Union repre-
sents its employees within the alleged appropriate bargaining unit.
At the hearing the Company moved to dismiss the petition on the
ground that it is untimely , the Union having lost a consent election 2
among the Company's employees on November 28, 1944. Since the
Union has produced authorization cards apparently signed by a
I Matter of Philttips Petroleum Company , 54 N. I. R B 51.
2 Case No 4-R-1585
986 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
majority of the employees in the appropriate unit all dated since the
November 1944 election, and since no bargaining representative was
chosen in that election, we find no merit in the Company's contention.'
Its motion to dismiss the petition is, therefore, denied.4
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 Act.
IV. THE APPROPRIATE UNIT
It was stipulated and we find that all production and maintenance
employees of the Company, including sanders, welders, loaders, grind-
ers, inspectors, drivers, lathe operators, machine operators, shapers,
burners, helpers, general shop employees, and warehouse employees,
but excluding clerical employees, employees in and of the engineering
department, and supervisors with authority to hire, promote, dis-
charge, discipline or otherwise effect changes in the status of em-
ployees, or effectively recommend such action, 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 Relations
Act, and pursuant to Article III, Section 9, bf National Labor Rela-
8 A statement of a Board agent , introduced into evidence at the hearing , indicates that
the Union submitted 36 authorization cards, 34 of which bore the names of persons appear-
ing on the Company 's pay roll of February 9, 1945, in an alleged appropriate unit consisting
of 84 employees At the hearing the Union submitted to the Trial Examiner 17 additional
authorization cards , 10 of which bore the names of persons appearing on the pay roll above
referred to
The approximate rate of turn-over within the bargaining unit was :
Hired Separated
November 1944 -------------------------------------------- 24 18
December 1944-------------------------------------------- 46 27
January 1945--------------------------------------------- 9 15
February 1945-------------------------------------------- 5 14
Totals-- -------------------------------------------- 84 74
4Matter of Chrysler Corporation, 37 N. L. R. B. 877; Matter of Mzamz Shipbuilding
Corporation, 59 N. L. R. B. 1101.
ATLAS FENCE COMPANY 987
tions Board Rules and Regulations-Series 3, as amended, it is hereby
Dnw,er n that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Atlas Fence Com-
pany, Philadelphia, Pennsylvania, 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 direction and supervision
of the Regional Director for the Fourth Region, acting in this matter
as agent for the National Labor Relations Board, and subject to
Article III, Sections 10 and 11, of said Rules and Regulations, among
the employees 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 and
have not been rehired or reinstated prior to the date of the election,
to determine whether or not they desire to be represented by Inter-
national Association of Bridge, Structural and Ornamental Iron
Workers, Local #502, A. F. of L., for the purposes of collective
bargaining.