Gus Gillerman Iron & Metal Co.

National Labor Relations Board - Board Decisions

Mar 17, 1950

88 N.L.R.B. 1232 (N.L.R.B. 1950)

In the Matter Of GUS GILLERMAN IRON &• METAL COMPANY, EMPLOYER
and INTERNATIONAL LONGSHOREMEN"s ASSOCIATION, LOCAL 1642,
AFL, AND BUILDING MATERIAL AND CONSTRUCTION CHAUFFEURS,
LOCAL 682, AFFILIATED WITH I. B. T. C. W. & H. OF A., AFL,
JOINTLY,1 PETITIONERS
Case No. 14-RC-920.-Decided March 17, 1950
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, a hearing was held before Harry G.
Carlson, hearing officer. The hearing officer's rulings made at the
hearing are free from prejudicial error and are hereby affirmed.
Pursuant to the provisions of Section 3 (b) of the National Labor
Relations Act, the Board has delegated its powers in connection With
this case to a three-member panel [Members Reynolds, Murdock, and
Styles].
Upon the entire record in this case, the Board finds:
1. The Employer is engaged in commerce within the meaning of the
National Labor Relations Act.
2. The labor organizations involved claim to represent certain em-
ployees of the Employer.
3. A question affecting commerce exists concerning the representa-
tion of employees of the Employer within the meaning of Section 9
(c) (1) and Section 2 (6) and (7) of the Act. °
4. The following employees constitute a unit appropriate for the
purposes of collective bargaining within the meaning of Section 9 (b)
of the Act : All employees employed at the Employer's St. Louis, Mis-
souri, yard,2 excluding clericals, guards, and supervisors as defined in
the Act.3
5. The Petitioners herein filed a joint petition. The Employer
objected to the receipt in evidence of the joint petition upon the ground
that a joint petition under the circumstances of this case was improper.
1 The names of the Petitioners appear as amended at the hearing.
2 The yard is located at the foot of Florida Street.
3 The parties stipulated to the appropriateness of the unit.
88 NLRB No. 217.
1232
GUS GILLERMAN IRON & METAL COMPANY 1233
The Employer contends that the duties of its approximately 18 em-
ployees, engaged in handling, processing, and reshipping scrap
material delivered at its yard, are not so different as to justify repre-
sentation by separate labor organizations 4 Moreover, the Employer
apparently urges this objection because it feels it might be required
to bargain separately with each of the unions involved.
We find no merit in the Employer's objections. Board precedent
has fully established the propriety of two or more labor organizations
acting jointly as bargaining representative for a single group of em-
ployees.' We see no reason to depart from our past practice in such
cases. The names of the Petitioners will appear jointly on the ballot
and in the event they are successful in the election hereinafter directed,
they will be certified jointly as the bargaining representative of the
employees in the entire appropriate unit. The Employer may then
insist that the Petitioners do in fact bargain jointly for such employees
as a single unit.
DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with the Employer, an election by
secret ballot shall be conducted as early as possible, but not later
than 30 days from the date of this Direction, under the direction and
supervision of the Regional Director for the Region in which this
case was heard, and subject to Sections 203.61 and 203.62 of National
Labor Relations Board Rules and Regulations, among the employees
in the unit found appropriate in paragraph numbered 4, above, who
were employed during the payroll period immediately preceding the
date of this Direction of Election, including employees who did not
work during said payroll period because they were ill or on vacation
or temporarily laid off, but excluding those employees who have since
quit or been discharged for cause and have not been rehired or rein-
stated prior to the date of the election, and also excluding employees
on strike who are not entitled to reinstatement, to determine whether
or not they desire to be represented, for purposes of collective bar-
gaining, by International Longshoremen's Association, Local 1642,
AFL, and Building Material and Construction Chauffeurs, Local 682,
affiliated with I. B. T. C. W. & H. of A., AFL, Jointly.
4 The employees work within the yard area . Two trucks owned by the Employer are
used exclusively for the transfer of scrap material within the confines of the yard. The
Employer employs no licensed drivers, and in practice any one of the 18 employees will
operate the trucks if necessary.
I See White Motor C ompany, 86 NLRB 380, and cases cited.