Durasteel Co.

National Labor Relations Board - Board Decisions

May 9, 1946

67 N.L.R.B. 1295 (N.L.R.B. 1946)

In the Matter of DURASTEEL COMPANY and AMERICAN FEDERATION OF
LABOR, AND AFFILIATED INTERNATIONAL UNIONS
Case No. 14-R-1405.-Decided May 9, 19416
Messrs. Garvey E. Lyons and R. C. Titter, both of Hannibal, Mo.,
and Mr. J. Dean Leffler, of Salem, Mo., for the Company.
Messrs. J. H. Skaggs and E. P. Theiss, both of St. Louis, Mo., for
the AFL.
Messrs. Clyde Hu ff statler and McConnell Barr, both of St. Louis,
Mo., and Mr. Elmer Bummans, of Hannibal, Mo., for the CIO.
Mr. John H. Wood, Jr., of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by American Federation of Labor and
affiliated International Unions, herein called the AFL, alleging that
a question affecting commerce had arisen concerning the representa-
tion of employees of Durasteel Company, Hannibal, Missouri, herein
called the Company, the National Labor Relations Board provided
for an appropriate hearing upon due notice before Keith W. Blinn,
Trial Examiner. The hearing was held at Hannibal, Missouri, on
April 23, 1946. The Company, the AFL, and United Steelworkers
of America, Local No. 2647, CIO, herein called the CIO, appeared and
participated. All parties 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. At
the hearing, the CIO moved to dismiss the petition. The Trial Ex-
aminer referred the motion to the Board. For reasons stated here-
inafter, the motion is hereby denied. All parties were afforded op-
portunity 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
Durasteel Company is a Missouri corporation engaged in the manii-
facture of steel furniture at its plants located in Hannibal, Missouri.
67 N L. R. B., No. 169.
1295
1296 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
During the 6 months ending March 31, 1946, the Company purchased
raw materials valued in excess of $400,000, approximately 90 percent
of which was shipped to its plants from points outside the State of
Missouri. In the same period, the Company sold finished products
valued in excess of $700,000, approximately 90 percent of which was
shipped to points outside the State.
The Company admits, and we find, that it is engaged in commerce
within the meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
American Federation of Labor and affiliated International Unions
is a labor organization, admitting to membership employees of the
Company.
United Steelworkers of America, Local No. 2647, is a labor organiza-
tion, affiliated with the Congress of Industrial Organizations, admit-
ting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
In a letter dated March 5, 1946, the AFL requested the Company
to recognize it as the exclusive bargaining representative of all the
Company's production and maintenance employees. The Company
replied that it would not accede to the demand until ordered to do so
by the Board. On March 11, 1946, the AFL filed its petition with
the Board. The CIO asserts that a presently existing contract with
the Company is a bar to this proceeding.
The Company and the CIO entered into their present contract on
June 15, 1944, for a term to continue until May 31, 1946, and from
year to year thereafter unless thirty (30) days' written notice of a
desire to terminate the agreement is given by either party. Inasmuch
as the AFL filed its petition with the Board prior to the operative
date of the automatic renewal clause of the existing contract, which
will terminate in less than 1 month, we find, in accordance with pre-
vious determinations in like cases, that the contract is not a bar to the
present proceeding.
The CIO also contended at the hearing that because it has been twice
certified 1 by the Board as the exclusive bargaining agent for the
Company's employees, the AFL's petition should be dismissed. We
find no merit in this argument in view of the fact that the most recent
certification is more than 1 year old.
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.
1 The CIO was first certified by the Board in 1942, and for a second time on September
29, 1944.
DURASTEEL COMPANY
IV. THE APPROPRIATE UNIT
1297
In accordance with the agreement of the parties, we find that all
hourly paid production and maintenance employees engaged at the
Hannibal plants of the Company, including line inspectors, but ex-
cluding office clerks and stockroom employees handling records,
salaried employees, salesmen, watchmen, guards, janitors, floor in-
spectors, plant manager, assistant plant manager, foremen, assistant
foremen, and all other supervisory employees with authority to hire,
promote, discharge, discipline, or otherwise effect changes in the status
of employees, or effectively recommend such action, constitute a unit
appropriate for the purposes of collective bargaining within the mean-
ing 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 employees
in the appropriate unit who were employed during the pay-roll period
immediately preceding the date of the Direction of Election herein,
subject to the limitations and additions set forth in the Direction.3
DIRECTION OF ELECTION
R
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, and pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 3, as amended, it is
hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Durasteel Com-
pany, Hannibal, Missouri, an election by secret ballot shall be con-
ducted 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 Fourteenth 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 em-
ployees 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
2 This is the same unit previously found appropriate in Matter of Durasteel Company,
57 N. L. R. B 1527.
3 The CIO objected at the hearing to the holding of an election because of the pendency
of unfair labor practice charges filed by it against the Company (Case No. 14-C-1151).
However, the Regional Director's refusal, on April 24, 1946, to issue a complaint on the
basis of these charges, was sustained by the Board. Accordingly, there is no existing
obstacle to a present determination of representatives.
692148-46-vol. 67-83
1298 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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
those employees who have since quit or been discharged for cause
and have not been rehired or reinstated prior to the date of the elec-
tion, to determine whether they desire to be represented by American
Federation of Labor and affiliated International Unions, or by United
Steelworkers of America, Local No. 2647, CIO, for the purposes of
collective bargaining, or by neither.
CHAIRMAN HERzoG took no part in the consideration of the above
Decision and Direction of Election.