Continental Roll & Steel Foundry Co.

National Labor Relations Board - Board Decisions

Oct 10, 1942

44 N.L.R.B. 1051 (N.L.R.B. 1942)

In the Matter of CONTINENTAL ROLL & STEEL FOUNDRY COMPANY and
. UNITED STEELWORKERS or AMERICA, LOCAL UNION No. 1026, C. I. O.
Case No. R-41226.-Decided October 10, 1942
Jurisdiction : war materials manufacturing industry.
Practice and Procedure : petition dismissed when petitioner's showing of rep-
resentation was not, sufficiently substantial under the circumstances to
warrant, holding an election.
Mr. Robert E. Dickman, for the Board.
Mr. G. D. Patterson, of Chicago, Ill.,, for the Company.
Mr. John J. Brownlee, of Chicago, Ill., and Mr. Norman L. Harris,
of East Chicago, Ind., for the Steelworkers.
• Mr. Herbert S. Thatcher, of Washington, D. C., and Mr. Hugh-
Gormley, of Indianapolis, Ind., for the Federal -Union. -
Mr. H. G. Moorhead, Jr., of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF-THE CASE
Upon petition duly filed by United Steelworkers of America, Local
Union No. 1026, C. I. 0., herein called the Steelworkers, alleging that'
a question affecting commerce had arisen concerning the representa-
tion'of employees of Continental Roll & Steel Foundry Company,
East Chicago, Indiana, herein called the Company, the-National Labor'
Relations Board provided for an appropriate hearing upon-due notice
before Samuel Edes, Trial Examiner. Said hearing was held at
Chicago, Illinois, on August 27, 1942. The Company, the Steel-
workers, Land American Federation: of Labor, Federal Union No.
22636, herein called the Federal Union, appeared, participated, and
were afforded full opportunity to be heard, to examine 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. : The Company and the
Federal Union have filed briefs which the Board has duly considered.-
Upon the entire record in the case, the Board makes the following :
44-N. L. R. B., No. 199. -
1051
1052 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Continental Roll & Steel Foundry Company is^ a Delaware corpora=_
tion engaged in the business of designing; manufacturing; and selling
steel castings,, various types' of rolling-mill rolls, heavy machinery,
and cast steel armor. At East Chicago, Indiana, it,operates the plant
which is involved in this proceeding. Raw materials for use'at this
plant during the period from January 1, 1942,,,to July 1, 1942, were
_purchased in an amount in excess of 1 million dollars, and 75 percent.
of the raw materials were shipped to the plant from sources outside
the State of Indiana. During the same period, the Company sold'
finished products for an amount in excess of 21/2 million dollars, and
shipped approximately 75' percent of these products to points outside
the,State -of Indiana. The Company is engaged almost entirely in,
war production. It stipulates, for the purposes of this proceeding,
that it,is engaged, in commerce, within the meaning of the National
Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
United Steelworkers of America, Local Union No. 1026, is a labor
organization affiliated with the Congress of Industrial Organizations,
admitting to membership employees of the Company.
American Federation of Labor, Federal Union No. 22636, is a labor
organization affiliated with- the American Federation of Labor, ad-
mitting to membership employees of, the Company.
III. THE ALLEGED QUESTION CONCERNING REPRESENTATION
On June 26, 1942, the Steelworkers requested the Company to recog-
nize it as the bargaining agent of the Company's employees. The
Company refused on the ground that it, had `a contract with the
Federal Union as'the exclusive, bargaining agent ,Of its employees and
also on the ground that the Company believed the Federal Union
to be the designated representative of a substantial majority of its
employees. ,
The contract between the Company and the Federal Union bound
the parties for the term of 1 year from August 1, 1941, and was
automatically renewable subject to notice by either of the parties at
least thirty (30) days prior to the anniversary date.' The contract
1 The' Company and the ' Federal Union on July 27, 1942 , entered into a ' memorandum
agreement affirming their understanding that the contract which was entered into on
August 1, 1941 , would remain in force subsequent to August 1, 1942, and .until -further
notice.
r
_'CONTINENTAL ROLL & STEEL.FOUNDRY COMPANY.: 1053
was' the result of bargaining begun on or about May 21,,1941, when
the Federal Union was certified by the Board as the result of a con-
sent election held to 'determine whether the employees of the Com-
pany desired to be represented by the Steelworkers, by the Federal,
or by neither.2 In, April 1942, the Company and the Federal Union
entered into a supplementary agreement for the Company to deduct
Federal, Union dues from the pay of such employees as would indi-
vidually authorize the deduction. The individual deduction authori-
zations were regocable,3 but, a substantial majority of the Company's
employees kept deduction authorizations on file with the Company
during all times material herein, as appears below.
A report with respect to the representation showing made by
the Steelworkers was issued by the Regional Director on September
1942, subsequent to the hearing, and was receiyed in evidence pur-
suant to a stipulation of the parties entered into at the hearing, The
facts appearing from the Regional Director's report and from the
record with respect to the showing made by the Federal Union and
the Steelworkers are as follows:
Date
Num_
her of
plovees
in unit
Federal Union
dues deduction
authorizations
Total steel-
Workers cards
Steelworkers
cards dated
in 1942
Steelworkers
cards dated
1941
Steelworkers
cards either
undated or
dated in
1936-1940
June 26 , 1942 1 , 964 (1 , 545 - 1 ,600, 537 (27 2% of 174 (8 8% of 139------------ 224
(date of was the paid total in unit ) total in unit)
Steelwork - membership
_
ers request of the Fed-
for recogni- oral)
tion) '
July 21, 1942 2,068 1 , 691 (includ- 691 (33% of to - 355 (17% of to- 125 (excluding . 214 (excluding
(date of mg 62 on file tal in unit ) tal in unit) 14 cards du- 13 cards du-
Steelwork - for employ - plicated in plicated in
ers petition , ees who re- 1942) 1942).
herein) ceived no
time).
Aug 26, 1942 2, 200 1,811_ _ -------_ 837 (38% of to- 541 (24 5% of ' 108 (excluding 188 (excluding
(date o f - tal in unit). total in unit) 31 cards du- 36 cards du-
n g
p licaied in ted in
herein). 942 ) 1942
i An officer of the Company testified that at the end of June 1942, there were approximately 1,964 em-
ployees in the ' unit, but that the Company was expanding , and that on August 26 there were 2,200 em-
ployees in the unit The Regional Director 's report indicates that on July 24, 1942, the pay roll contained
the names of 2,068 employees in the unit alleged to be appropriate
It thus appears that the Federal Union has been the recognized
bargaining representative of the Company's employees since May
1941, that it has had an exclusive bargaining contract with the Com-
pany since August 1941, and that, at the time the Steelworkers re-
2 'Hatter of Continental Roll R Steel Foundry Company and Steel Workers Organizing
Committee, Local Union #Jo23, C I 0, 31 N L . R. B 1163 . In this election , which was
held on May 2, 1941 , 1156 employees were eligible to vote and 1115 voted , 558 voted for
the Federal Union, 526 for the Steelworkers ' predecessor , and 23 foi neither ( 8 ballots were
not counted)
a In July apd'August 1942 , 150 employees withdrew their authorizations , but approximately
35 percent of the 150 subscquehtly reinstated their authorizations.
4054 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
quested recognition and thereafter, a substantial majority of the
Company's employees had signed individual Federal Union dues' de-
duction authorizations.4 It also appears that a substantial number
.of the cards submitted by the Steelworkers are either undated or dated
in or prior to 1941.5 Even if the Steelworkers' cards dated in 1941
are included in the computation of the showing made by it, it still
appears that its proportionate showing is now weaker than it was in
the election of May 2, 1941.6 The Company, as we have found above,
is engaged almost entirely in war ' production. Under the circum-
stances, we are' of the opinion that the Steelworkers has not'made a
sufficiently substantial showing of representation to warrant an elec-
tion among the Company's employees at this time.7
We find that no question has arisen- concerning the representation
of employees of the Company. We shall therefore dismiss the petition
herein.
ORDER
Upon the basis of the above findings of fact, and upon the entire
record in the case, the National Labor Relations Board hereby orders
that the petition for investigation and certification of representatives
of employees of Continental Roll & Steel Foundry Company, East
Chicago, Indiana, filed by United, Steelworkers of America, Local No.
-1026, C. I. 0., be, and it hereby is, dismissed. - -
MR. WM. M. LEISERSON took no part in the -consideration of the
above Decision and Order.
4 At the hearing, the Steelworkers offered to prove that some of the employees who had
signd these dues' deduction authorizations had done so under coercion . The Trial Exam-
iner rejected the proffered evidence as irrelevant , and his ruling has already been affirmed.
As has been stated above, the dues ' deduction authorizations were revocable at will.
Cf Matter of New Jersey Worsted Mills and Wool Sorters ' Local 33 of the Woolen and
Worsted Federation, United , Textile Workers of America , A F. L, 35 N L- R B. 1303.
9 Cf. Matter of General Electric Company and G. E. Union of the Bridgeport Works, In-
coi porated , 15 N. L. R B: 1018.
7 Cf Matter of Commander-Larabee Milling Company and Local Industrial Union, Num-
ber 11 ,73. C I 0, 41 N L R. B. 957; Matter , of Adams it Westlake Company and United
Automobile, Aircraft and Agricultural Implement Workers of America, C 1 0 , 37 N L. R B.
829; Matter of American Manufacturing Company and Upholsterers' International Union,
Local No 187, A. F. of L, 41 N . L. R. B. 995.