Columbia Metal Co., Inc.

National Labor Relations Board - Board Decisions

Aug 10, 1942

42 N.L.R.B. 1347 (N.L.R.B. 1942)

In the Mattel of COLUMBIA ME1 AL CODIPANY, INC , and INTERNATIONAL
UNION OF MINE,-MILL AND SMELTER WORKERS, (C I 0 ), LOCAL.
758
Case No R-4061-Decided August 10, 1942
Jurisdiction . scrap metal industry
Investigation and Certification of Representatives existence of question re-
fusal to giant petitioner iecognition until certified by the Board; election
necessary
Unit Appropriate for Collective Bargaining pi oduction and maintenance em-
ployees, excluding executive, supervisory, office, and clerical employees, the
handy-man, ti uckmen, and watchmen, stipulation as to
Cllr Benmamtn Robert Cohen, of Chicago, 111, for the Company.
Mr Herman Clott, of Chicago, 111, and Mr Ishmael P. Flory,
-of Chicago, Ill , for the C I 0
Mh Mozart C Ratner, of counsel to the Boaid
DECISION
AND
DIRECTION OF,, ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by the Inteinational Union of'Mine, Mill
and Smelter Woikeis (C I 0 ),7 herein called the C. I 0, alleging
that a question affecting comnneice had arisen concerning the repre-
sentation of employees of Columbia Metal Company, Inc, Chicago,
Illinois, lieiein called the Company, the National Labor Relations
Boaid piovided foi an appropriate heating upon due notice before
Russell Packard, Tiial Examinei Said hearing was held at Chicago,
Illinois on July 22, 1942 The Company and the C I O. appeared
and paiticlpated' All patties were afforded full opportunity to
be heard, to examine and cross-examine witnesses, and to introduce
evidence beating on the issues The Tiial Examiner's rulings made
at the heating ate flee from piejudicial ettor and are hereby affirmed.
'At the heating the petition was amended to include the designation of the local as
setfoith in the caption abo'.e
2 Machinery Scrap Iron and Metal Teamsteis and Chauffeurs Union, Local 714
(A F L ), herein called the , A b` of L, although serNed with notice, did not appear
42 N L R B, No 246
1347
1348 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Upon the entire record in-the case, the Board makes-the following:
FINDINGS OF FACT
I THE BUSINESS OF THE COMPANY
Columbia Metal Company, Inc, is an Illinois corporation engaged
in purchasing, grading, segregating, sorting, and selecting scrap,
non-ferrous metals at its place of business at Chicago, Illinois. Dur-
ing the 6 months ending June 30, 1942, the Company purchased
approximately 16 million pounds of metal, amounting in value to
over $968,000, of which approximately 35 percent was purchased
outside the State of Illinois and shipped to the plant' in Illinois.
During the same period the Company had sales amounting to more
than $1,000,000, of which approximately 15 percent represented ship-
ments from the plant to points outside the State of Illinois.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II THE ORGANIZATIONS INVOLVED
Local 758, International Union of Mine, Mill and Smelter Workers,
is a labor organization affiliated with the Congress of Industrial
Organizations Local 714, Machinery, Scrap Iron and Metal Team-
sters and Chauffeurs Union, is a labor organization affiliated with
the American Federation `of Labor Each organization admits to
membership employees of the Company
III TIIE QUESTION CONCERNING REPRESENTATION
In April, 1937, the Company entered into an exclusive bargaining,
contract with the A. F of L. as representative of all of the Com-
pany's employees The Company's representative testified that he
was under the impression that the contract had been automatically
renewed from year to year and stated that in February 1941, the
A F. of L. negotiated a wage increase for the employees He also
testified that the A. F of L had never submitted evidence to the
Company that it represented the employees The representative of
the C I 0 testified that employees of the Company had told him"
that there was no union in the plant, that the employees were not
paying dues to any organization, that there was no contract out-
standing between the Company and any labor organization, that
there was no grievance machinery or procedure, that the employees
had no union books and attended no union meetings, and ' that a
majority of the employees desired to join the C. I. O.
On June 27, 1942, the C. I 0 notified the Company that it repre-
sented a majority of the Company's employees and requested recog-
COLUMBIA METAL COMPANY, INC. 1349
ration as exclusive bargaining representative The Company's at-
torney thereupon informed the C. I O. that the Company desired that
the issues herein raised be determined by the National Labor Rela-
tions Board and consequently declined to grant recognition to the
C. I. O
A statement of the Regional Director introduced in evidence at the
hearing indicates that both the C I O. and A. F. L represent a sub-
stantial number of the employees in the unit hereafter found
appropriate 3
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
We find, in accordance with a stipulation of the parties, that all
production and maintenance employees of the Company at its Chicago,
Illinois, plant, excluding executive, supervisory, office, and clerical
employees, the handy-man, truckmen, and watchmen, 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
The C. I 0 requests that only employees on the Company's pay roll
of July 1 be eligible to vote in the election because the Company has
since hired several temporary employees '
We shall direct that the question concerning representation which
has arisen be resolved by means of an election by secret ballot among
the employees in the appropriate unit who were employed during the
pay-roll period immediately preceding the date of this Direction, ex-
cluding temporary employees , and 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, 49 Stat 449, and pursuant to Article III, Section 8, of National
Labor Relations Board Rules and Regulations-Series 2, as amended,
it is hereby
8 The Regional Attorney reported that there were 15 names appearing on the Com-
pany's pay roll dated July 1, 1942, within the appropriate unit The C I 0 submitted
7 authorization cards dated between June 20 and 22, 1942, all of which were found to
bear apparently genuine original signatures of persons appearing on the Company's pay
roll The A F of L submitted 8 authorization cards dated June 26, 1942, all of which
were found to bear apparently genuine original signatures of persons appearing on the
Company's pay roll of July 1, 1942
1350 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
DIRECTED that, as pact of the investigation to ascertain iepiesenta-
tives for the purposes of collective bargaining with Columbia Metal
Company, Inc, Chicago, Illinois, 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 of Election, under the direction and super-
vision of the Regional Director for the Thirteenth Region, acting m
this matter as agent for the National Labor Relations Board and sub-
ject to Article III, Section 9, of said Rules and Regulations, among
the employees of the Company in the unit found appi opriate 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 such pay-roll period because they were ill or on vacation
or in the active military sei vice or training of the United States, or
temporarily laid off, but excluding temporary employees and em-
ployees who have since quit or been discharged for cause, to determine
whether they desired to be represented by Local 758, International
Union, Mine, Mill and Smelter Workers, affiliated with the C. I 0.,
or by Local 714, Machinery, Scrap Iron and Metal Teamsters and
Chauffeurs Union, affiliated with the A F of L , for the purposes of
collective bargaining, or by neither.
MR Wm M LEISERSON took no part in the consideration of the above
Decision and Direction of Election.
4