International Steel Co.

National Labor Relations Board - Board Decisions

Sep 28, 1942

44 N.L.R.B. 559 (N.L.R.B. 1942)

In the Matter Of INTERNATIONAL STEEL COMPANY and INTERNATIONAL
ASSOCIATION OF BRIDGE, STRUCTURAL & ORNAMENTAL IRON WORJURS,
AFFILIATED WITH THE A. F. OF L.
Case No. R-4277.-Decided September 28, 1942
Jurisdiction : steel fabricating industry.
Investigation and Certification of, Representatives : existence of question: fail-
. ure to reply to petitioner's request for recognition ; election necessary.
Unit Appropriate for Collective Bargaining : production and maintenance em-
ployees, excluding supervisory employees, timekeepers, clerical employees,
executives , and plant protection employees.
Mr. Joseph H. Iglehart and Mr. Isadore Kahn, of Evansville, Ind.,
for the Company. -
Mr. Thomas M. Lindsey, of Evansville, Ind., for the Union.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION' OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by International Association of Bridge,
Structural' & Ornamental, Iron'Workers, herein called the Union,
alleging that a question affecting commerce had arisen concerning
the representation of employees of 'International Steel Company,
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 hearing was held _
at Evansville, Indiana, on September 15, 1942. The Company and
the 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.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
International Steel Company is an Indiana corporation with its
principal place of business" at Evansville, Indiana, where it is engaged
44 N. L. R. B., No.102.
- 559
560 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
in the business of fabricating steel. The Company purchases raw
material valued in excess of $400,000 annually, approximately 75 per-
cent of which is shipped to it from outside Indiana. The Company
ships products valued in excess of $500,000 annually, more than 75
percent of which is shipped out of Indiana.
II. THE ORGANIZATION INVOLVED
International Association of Bridge, Structural & Ornamental Iron
Workers is a labor organization affiliated with the American Federa-
tion of Labor, admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On August 12, 1942,-the Union requested the Company to recognize
it as the exclusive representative of the Company's employees. The
Company did not reply to this request.
A statement of the Trial Examiner, introduced into evidence, indi-
cates that the Union represents a substantial number of the employees
in the unit hereinafter found to be appropriate.'
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 National Labor
Relations Act.
IV. THE APPROPRIATE UNIT
The'Union contends that all production and maintenance employees
of the Company, excluding supervisory employees with the authority
to hire or discharge, or with the authority to recommend hire or dis-
charge, timekeepers, clerical employees, executives, and plant protec-
tion employees, constitute an appropriate bargaining unit. The Com-
panytook no position with respect to the' unit.
We find that all production and maintenance employees of the
Company, excluding supervisory employees with the authority to
hire or discharge, or with the authority to recommend hire or dis-
charge, timekeepers, clerical employees, executives, and plant pro-
tection employees, constitute a' unit appropriate for the purposes
of collecting bargaining, within the,meaiiing 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 the. em-
'The Trial Examiner reported that the Union piesented 315 membership application
or authorization cards , bearing apparently genuine signatures of persons whose names'
appear on the Company 's pay roll of September 15, 1942. There are approximately 1010
employees in the unit hereinafter found to be appropriate.
E
INTERNATIONAL STEEL COMPANY 561
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
fhe 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 Rela-
tions 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 International
Steel Company, 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 National Labor Relations Board, and subject to
Article III, Section 9, of said Rules and Regulations, among the 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 any such employees who did not work
during said pay-roll period because they were ill or on vacation or in
the active ihilitary service or training of the United States, or tempo-
rarily laid off, but excluding any who have since quit or been dis-
charged for cause, to determine whether or not they desire to be
represented by International Association of Bridge, Structural &
Ornamental Iron Workers, affiliated with the American Federation,
of Labor, for the purposes of collective bargaining.
MR. Wiz. M. LEISERSON took no part in the consideration of the
above Decision and Direction of Election.
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