George L. Mesker & Co.

National Labor Relations Board - Board Decisions

Sep 10, 1942

43 N.L.R.B. 1237 (N.L.R.B. 1942)

In the 'Matter of W. J. -STUMPF, ADMINISTRATOR, DOING BUSINESS AS
GEORGE L. MESKER & CO. and INTERNATIONAL ASSOCIATION OF BRIDGE,
STRUCTURAL AND ORNAMENTAL IRON WORKERS, A. F. of L.
Case No. R-1155.Decided September 10, 1942
Jurisdiction : steel products manufacturing industry.
Investigation and Certification of Representatives : existence of question:
refusal to accord petitioner recognition ; election necessary.
Unit Appropriate for Collective Bargaining : production and maintenance em-
ployees, excluding the timekeeper, office and clerical employees,' foremen and
other supervisory employees of higher rank; stipulation as to.
Mr. Joseph H. Iglehart, of Evansville, Ind., for the Company.
Mr. Thomas M. Lindsey, of Evansville, Ind., and Mr. M. J. Louden,
of St. Louis, Mo., for the Union.
Mr. Seymour J. Spelnnan,-of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition and amended petition duly filed by the International
Association of Bridge, Structural and Ornamental Iron Workers,
A. F. of L., herein called the Union, alleging that a question affecting,
commerce had arisen concerning the representation of employees of
W. J. Stumpf, Administrator, doilig business as George'L. Mesker
& Co., Evansville, Indiana, herein called the Company, the National
Labor Relations Board provided for an appropriate hearing upon
due notice before Arthur R. Donovan, Trial Examiner. Said hear-
ing was held -at Evansville, Indiana, on August 14, 1942. The Com-
pany and the Union appeared, participated, and were afforded full
opportunity to be heard, to examine and to 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.
43 N. L. R. B., No 194. -
1237
C
1238 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Upon the entire record in the case,l the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
W. J. Stumpf, Administrator; doing business as George L. Mesker
& Co.; unincorporated, having its principal office and plant in Evans-
ville, Indiana, is engaged in the business of manufacturing a variety
of steel products for the construction industry. In 1941, the Company
used approximately 6,500 tons of steel, more than 50 percent of which
originated outside the State of Indiana. The sales of the Company
in 1941 amounted to approximately $1,000,000, of which 30 percent
went to firms located outside the State of Indiana. The Company
concedes that it is engaged in commerce within the meaning of the
National Labor Relations Act. -
H. THE ORGANIZATION INVOLVED
International Association of Bridge, Structural and Ornamental
Iron Workers as a labor organization, affiliated with the American
Federation.of Labor, admitting to membership employees of the
Company.
III. THE QUESTION CONCERNING REPRESENTATION
On or about July 15, 1942, the Union informed the Company that
it represented a majority of • the Company's employees and asked for
recognition as the exclusive bargaining agent. The Company refused
to grant recognition. -
A statement of the Regional Director, introduced in evidence at the
hearing, shows that the Union represents a substantial number of
employees in the, unit hereinafter found appropriate .2
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. TILE APPROPRIATE UNIT
We find, in accordance with a stipulation of the parties, that all`
production and maintenance employees of the Company, excluding
the timekeeper, office and clerical employees, foremen and other super
visory employees of higher rank, constitute a unit appropriate for
,the purposes of collective bargaining, within the meaning of Section
9 (b) of the Act.
1 On September 2, 1942 , the Company filed a stipulation with the Board in which the
business of the Company is set forth. This stipulation is hereby made a part of the record
in this pi oceeding.
2 The Regional Director reported that the , Union submitted 98 authorization cards, all
beaung apparently genuine original signatures . Of these, 78 bear the names of employees
in the alleged appropriate unit which contained 148 employees on the Company's pay
roll of July 22, 1942. p
W. J. STUMPF, ADMINISTRATOR
V. THE DETERMINATION OF•REPRESENTATIVES
1239
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-
11o11 period immediately preceding the date of the Direction of Election
herein, subject to the limitations°and additions set forth in the Direc-
tion.
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, 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 W. J. Stumpf,
Administrator, doing business as George L. Mesker & Co., Evansville;
Indiana, 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, under the direction and supervision of the•Regional Director
for the Eleventh Region, acting in this matter as agent for the Na-
tional 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 during the pay-
roll period immediately preceding the' date of this Direction, including
any such employees who did not work during said pay-roll period
because they -were ill or on vacation or in the active military service
or training of the United States, or temporarily laid off, but excluding
any who have spice quit or been discharged for- cause, to determine
whether or not they desire to be represented by International Associa-
tion of Bridge, Structural and Ornamental Iron Workers,' affiliated
with the American Federation of Labor, for the purposes of collective
bargaining.
CHAIRMAN MILLIS took no part in the consideration of the above
Decision and Direction of Election.