Ewald Iron Co.

National Labor Relations Board - Board Decisions

Oct 16, 1942

44 N.L.R.B. 1276 (N.L.R.B. 1942)

In the Matter of EwALD IRON COMPANY and UNITED STEELWORKERS OF
AMERICA, C. I. O.
In the Matter of EWArD IRON COMPANY and INTERNATIONAL BROTHER-
HOOD OF BLACKSMITHS , DROP FORGERS AND HELPERS, A. F. OF L.
Cases Nos. R-4827 and R-4M8.Decided October 16, 1949
Jurisdiction : steel bar manufacturing industry.
Investigation and Certification of Representatives : existence of question: fail-
ure to reply to request'for recognition ; election necessary
Unit Appropriate for Collective Bargaining : all employees, including watchmen,
but excluding foremen, guide mill rollers, bar mill rollers, muck mill rollers,
inspectors, office and clerical employees, and employees having authority to hire
or discharge.
Mr. John E. Tarrant, of Louisville, Ky., for the Company.
Mr. H. W. Alderman, of Indianapolis, Ind., and Mr. William L.
Williamson, of Louisville, Ky., for,the U. S. A. -
Mr. J. H. Whelchel, Mr. Harold L. Colvin, and Mr. Harry R. Petty,
of Louisville, Ky., for the Brotherhood.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT.OF THE,,CASE,,
Upon petitions duly filed by United Steelworkers of America, C. 1. O.-,
herein called the U,. S. A., and International, Brotherhood of Black-
smiths, Drop Forgers and Helpers, A. F. of L., herein called the
Brotherhood, alleging that a question affecting commerce had arisen
concerning the representation of employees of Ewald Iron Company,
Louisville, Kentucky, herein called the Company, the National Labor
Relations Board provided for an appropriate hearing upon due notice
before William I. Shooer, Trial Examiner. Said hearing was held
at Louisville, Kentucky, on September 28, 1942. The Company, the
U. S. A., and the Brotherhood 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
44 N. L. R B., No. 239.
1276
EWALD IRON COMPANY 1277
Examiner's rulings made at the hearing are free from prejudicial error
and are hereby affirmed.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Ewald Iron Company- is engaged in the manufacture of steel bars
at Louisville, Kentucky. Approximately 65 percent of all raw ma-
terials used by the Company is shipped to it from points outside Ken-
tucky, and about 65 percent of the finished products is shipped by
the Company outside Kentucky. The Company admits that it is en-
gaged in commerce within the_ meaning of the National Labor Rela-
tions Act.
II. THE ORGANIZATIONS INVOLVED,
United Steelworkers of America is a- labor organization affiliated
with the Congress of Industrial Organizations, admitting to member.
ship employees of the Company.
International Brotherhood of Blacksmiths, Drop Forgers and'Help-
ers is - a , labor organization 'aff'iliated with the American Federation
of Labor,, admitting to membership employees' of the, Company.
III. THE QUESTION CONCERNING REPRESENTATION
On August 29 and September.11,,1942; respectively, the U. S. A.
and 'the Brotherhood requested the Company for exclusive recogni-
tion. The Company did not reply to either request. -
A statement of the Trial Examiner , read into evidence during the
hearing, indicates that the U. S. A. and the Brotherhood each repre-
sents a substantial number of, the employees in the unit hereinafter
found to be ap'propriate.1 -
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
All parties stipulate that all employees of, the Company, including
watchmen, but excluding foremen, guide mill rollers, bar mill rollers,
i The Trial Examiner reported that the U S. A. presented 102 membership application
cards bearing apparently genuine signatures of persons whose names appear on the Com-
pany's pay roll for September 19, 1942 He further reported that the Brotherhood presented
79 membership application cards bearing apparently genuine signatures of persons whose'
names appear on that pay roll ., There are approximately 285 emloyees in tI'e unit hereinafter
found to be appropriate.'
1278 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
muck mill rollers; inspectors, office and clerical employees,, and em-
ployees who have the authority to hire or discharge, constitute an
appropriate unit. However, subsequent to the stipulation, some dis-
pute arose with respect to the disposition to be made of the rollers.
The record indicates that the rollers are in direct charge of produc-
tion in the various mills in which they work and have absolute author-
ity to hire.or discharge any of the employees working in the mills under
their jurisdiction. Under these circumstances, we shall exclude the
rollers from the unit.
We find that all employees of the. Company, including watchmen,'
but excluding foremen, guide mill rollers, bar mill rollers, muck mill
rollers, inspectors, office and clerical employees and employees who
have the authority to hire or discharge, constitute a unit appropriate
for the purpose of collective bargaining, within the_ meaning of Sec-
tion 9 (b) of the Act.
V. THE DETERMINA ,TION.,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 Election
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 8, of National Labor Relations
Board Rules and Regulations-Series 2, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Ewald Iron Com-
pany, Louisville, Kentucky, 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 Ninth Region, acting in this matter as agent
for the National Labor, Relations Board, and subject to Article III,
Section 9, of said Rules and Regulations, among the employees in the
unit found appropriate in Section IV, above, who were employed dur-
ing the pay-roll period immediately preceding the date of this Direc-
tion, including any such employees who did not work during said pay-
roll period because,they were ill or on vacation or'in the active mili-
2It appears that the watchmen perform the customary plant-Protection duties and are
not a specialized force of plant guards. ,
EWALD IRON COMPANY 1279 ,
tary service or training of the United States, or temporarily laid off,
but excluding any who have since quit or been discharged for cause, to
determine whether they desire to be represented by United Steel-
workers of America, affiliated with the Congress of Industrial Organi-
zations, or by International Brotherhood of Blacksmiths, Drop Forgers
and Helpers, affiliated with the American Federation of Labor, for 'the
purposes,of collective bargaining, or by neither.