Cambridge Iron and Metal Co.

National Labor Relations Board - Board Decisions

Dec 20, 1940

28 N.L.R.B. 709 (N.L.R.B. 1940)

In the Matter of CAMBRIDGE IRON AND METAL CO. and CONGRESS OF
INDUSTRIAL ORGANIZATIONS
Case No. R-2183.-Decided December 20,19.440
Jurisdiction : scrap iron and steel buying and selling industry.
Investigation and Certification of Representatives : existence of question:
refusal to accord recognition to the union ; election necessary.
Unit Appropriate - for Collective Bargaining : all employees, excluding, super-
visory and clerical employees, and salesmen.
Mr. William D. MacMillan and Mr. Irvin Davison, of Baltimore,
Md., for the Company.
Mr. Frank J. Bender, of Baltimore, Md., for the Union.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On November 14, 1940, Congress of Industrial Organizations, herein
called the Union, filed with the Regional Director for the Fifth Region
(Baltimore, Maryland) a petition alleging that a question affecting
commerce had arisen concerning the representation of employees of
Cambridge Iron and Metal Co., Baltimore, Maryland, herein called the,
Company, and requesting an investigation and certification of repre-
sentatives pursuant to Section 9 (c) of the National Labor Relations
Act, 49 Stat. 449, herein called the Act. On November 27, 1940, the
National Labor Relations Board, herein called the Board, acting pur-
suant to Section 9 (c) and Article III, Section 3, of National Labor
Relations Board Rules and Regulations=Series 2, as amended, ordered
an investigation and authorized the Regional Director to conduct it
and to provide for an appropriate hearing upon due notice.
On November 28, 1940, the Regional Director issued a notice of hear-
ing, copies of which were duly served upon the Company and the Union.
,Pursuant to notice, a hearing was held on December 6, 1940, at Balti-
more, Maryland, before Herbert O.Eby, the Trial Examiner duly desig-
nated by the Board. The Company was represented by counsel, the
28 N. L. R. B., No. 107.
709
710 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Union by its representative; both participated in the hearing. Full
opportunity to be heard, to examine and cross-examine witnesses, and
to introduce evidence bearing on-the issues was afforded all parties.
During the course of the hearing, the Trial Examiner made several rul-
ings on motions and on objections to the admission of evidence. The
Board has reviewed the rulings of the Trial Examiner and finds that no
prejudicial errors were committed. Tile rulings are hereby affirmed.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Cambridge Iron & Metal Co. is a partnership operating two yards
in Baltimore, Maryland, where it is engaged in the business of
buying and selling scrap iron and steel. All of the scrap iron
and steel bought by the Company is bought in the State of Mary-
land. The Company's sales amounted to approximately $500,000
for the 12-month period ending December 1, 1940, approximately
30 per cent of which represents goods sold by it to points outside
the State of Maryland. The Company employs approximately 69
employees. The Company stated that it had no objection to the
jurisdiction of the Board in this proceeding.
II. THE ORGANIZATION INVOLVED'
Congress of Industrial Organizations is a labor organization
admitting to membership all employees of the Company, excluding
supervisory and clerical employees and salesmen.
III. THE QUESTION CONCERNING REPRESENTATION'
On November 4,. 1940, the Union, wrote to the Company' asking
for, a conference for the purposes of collective bargaining. Although
the Company,- replied to, the Union,, no, meeting was, held as a result
of -the request. A statement of the Regionat_Director introduced. in,
evidence. shows that the, Union, represents, a': substantial, number of
employees in. the unit which. it alleges, is appropriate.'
We find, that a question, has arisen concerning the representation
of employees of the-Company.
' The Regional Director's statement shows that 45 employees whose names appear on the
Company's .pay roll oP, November, 22, 1940, have signed applications ` In the Union . There,
are approximately 60 employees in the alleged appropriate unit.
CAMBRIDGE, IRON AND METAL' CO. 711
IV. THE , EFFECT OF THE , QUESTION CONCERNING REPRESENTATION UPON
COMMERCE
We, find, that the question, concerning representation which has
arisen,, occurring- in, connection with the operations of the Company
described in Section I above, has a close, intimate, and substantial
relation to, trade, traffic,. and,. commerce among- the several! States
and tends ' t6_-'lead- to 'labor '-disputes burdening- and" - obstructing
comnierce•.and: the'free.flow, of-commerce.
V. THE APPROPRIATE UNIT
The Company and the Union agreed at the hearing that the appro-
priate unit should' consist of all employees of the Company,, exclud-
ing supervisory and clerical employees and_ salesmen. We see no
reason for departing, from such unit.
We find that all employees of the Company, excluding supervisory
and clerical employees and salesmen, constitute a unit appropriate
for the purposes, of. collective bargaining,. and. that such unit will
insure, to. employees I ofF the Company, the full benefit of their _ right
to self-organization, .and to collective bargaining and otherwise
effectuate-the policies of. the' Act.
VI. THE DETERMINATION OF REPRESENTATIVES
The, Union. seeksi to be certifiedi on the basis of the record'. The
evidence at the hearing shows that- the Company employs, approxi-
mately 60 employees in the appropriate unit. In support of its
claim of majority representation, the Union produced applications
for membership in the Union signed by 54 of the approximately, 60
employees in the appropriate unit. The Company, objected to these
applications serving as a basis for the certification of the Union with-
out an election. Under, these, circumstances, we believe, that the
question concerning representation can best be resolved .by means of
an election by secret ballot.2
The Union urged that a pay, roll during the early part of Novem-
ber 194'0'`be._used..as_a.basis _for.determining.eligibijity to. vote-in the
event the Board' directed an election. The Union stated in support
of its request to .use such a pay roll that employees have been laid off
by the Company, since that time. The Company did not • state its
position with regard to the pay roll to be used to determine eligibility.
No reason, appears why the payroll immediately, preceding the date
2 See Matter of Armour, d, Company and United Packinghouse Workers, Local Industrial
Union,No. 13, of ,Packinghouse Workers Organizing Commwttee, affiliated with the CIO,
13 N. L . R. B. 567.
712 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
of our Direction of Election herein should hot be used, inasmuch as
the -usual direction includes as persons eligible to participate.' in the
election employees who were then or have since been' temporarily
laid off. It is apparent that such a direction will make adequate
provision for the employees laid off by the Company for lack of
business. -
We shall direct that the employees of the Company eligible to vote
in the election shall be those in the appropriate unit who were em-
ployed during the pay-roll period immediately preceding the date
of the Direction of Election herein, including employees who did not
work during such pay-roll period because they were ill or on vacation
and employees who were then or have since been temporarily laid off,
but excluding those who have since quit or been discharged for cause.
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following:
CONCLUSIONS OF LAW
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of Cambridge Iron and Metal Co., Baltimore,
Maryland, within the meaning of Section 9 (c) and Section 2 (6)
and (7), of the National Labor Relations Act.
2. All employees of the Company, excluding supervisory and cler-
ical employees and salesmen, constitute a unit appropriate for the
purposes of collective bargaining, within the meaning of Section
9 (b) of the National Labor Relations Act. -
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 Rela-
tions Act, 49 Stat. 449, and lpursuarit to Article III, Section 8, of
National Labor Relations Board Rules and Regulations-Series 2,
as amended. -it is hereby
DIRECTED that, as part of the investigation authorized by the Board
to ascertain representatives for the purposes of collective bargaining
with Cambridge .Iron and Metal' Co., Baltimore, Maryland, an elec-
tion 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 Fifth
Region, acting in this matter as agent for the National Labor Rela-
tions Board, and subject to Article III, Section 9, of said Rules and
Regulations, among all employees of the Company who were em-
ployed during the pay-roll period immediately preceding the date of
CAMBRIDGE IRON AND METAL CO . 713
this Direction, including employees who did not work during such
pay-roll period because they were ill or on vacation and employees
who were then or have since been temporarily laid off, but excluding
supervisory and clerical- employees, salesmen, and employees who
have since quit or been discharged for cause, to determine whether
or not they desire to be represented by Congress of Industrial Organ-
izations for the purposes of collective bargaining.
CHAIRMAN HARRY A. Mmms took no part in the consideration of
the above Decision and Direction of Election.