John A. Roebling's Sons Co.

National Labor Relations Board - Board Decisions

Apr 21, 1941

31 N.L.R.B. 160 (N.L.R.B. 1941)

In the Matter of JOHN A. ROEBLING 'S SONS COMPANY and STEEL
WORKERS ORGANIZING COMMITTEE , LOCALS 2110 AND 2111, AFFILIATED
WITH THE C. I. O.
Case No. R-2464.-Decided ` April 21, 1941
Jurisdiction : wire manufacturing industry.
Investigation and Certification of Representatives : existence of question: stip-
ulated that Company refused to recognize the union until such time as it has
been certified by the Board ; election necessary.
Unit Appropriate for Collective Bargaining : all production and maintenance
workers, excluding foremen, assistant foremen, guards, and salaried personnel, -
at the Trenton, New Jersey, and -Roebling, New Jersey, plants owned and
operated by the Company, and further excluding locomotive engineers, firemen,
bostlers, conductors and brakemen employed at the Roebling, New Jersey,
plant ; stipulation as to.
Practice and Procedure
Labor organization previously found to be employer-dominated by the
Board denied the right to intervene although the Board's decision respecting
such organization still pending before the U. S. Circuit Court.
Stevens and Lee, of Reading, Pa., by Mr. Harry W. Lee and Mr.
William R. Lessig, for the Company.
Mr. M. H. Goldstein, of Philadelphia, Pa., for the S. W. O. C.
Mr. H. Collin Minton and Mr. Arthur S. Lane, of Trenton, N. J.,
for the R. E. A.
Mr. Louis S. Penfield, of counsel to the Board.
DECISION
- AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On March 25, 1941, 'Steel Workers Organizing Committee, Locals
2110 and 2111, affiliated with the C. I. O., herein called the S. W. O. C.,
filed with the Regional Director for the Fourth Region (Philadel-
phia, Pennsylvania) a petition, and on April 5, 1941, an amended
petition alleging that a question affecting commerce, had arisen con-
cerning'the representation of employees of John A. Roebling's Sons
Company, Trenton, New Jersey, herein called the Company, and
31 N. L. R B, No. 23.
160 -
JOHN A. ROEBLING'S SONS COMPANY 161
requesting an investigation and certification of representatives pur-
suant to Section 9 (c) of the National Labor Relations Act, 49 Stat.
449, herein called the Act. On April 5, 1941, the National Labor
Relations Board, herein called the Board, acting pursuant to Section
9 (c) of the Act and Article III, Section 3, of National Labor Rela-
tions Board Rules and Regulations-Series 2, as amended, ordered
an investigation and authorized- the Regional Director to conduct
it and to provide for an appropriate hearing upon due notice.
On April 4, 1941, the Regional Director issued a notice of hearing,
copies of which were duly served upon the Company and upon the
S. W. O. C. Pursuant to notice, a hearing was held on April 8,
1941, at Trenton, New Jersey, before Samuel G. Zack, the Trial
Examiner duly appointed by the Chief Trial Examiner.
On April 7, 1941, Roebling Employees Association, Inc., herein
called the R. E. A., which had not been served with a notice of hear-
ing, lodged with the Board a petition to intervene in these proceed-
ings. The R. E. A. appeared at the hearing and moved: (1) for an
adjournment to permit it to become a party to this proceeding and to
have time to present its case; (2) that it be permitted to intervene and
to have its name appear on the ballot in these proceedings; and (3)
that any election to be conducted be delayed until such time as the
United States Circuit Court of Appeals for the Third Circuit has
issued a decision in a case involving the Company and the R. E. A.
now pending before it.' The Trial Examiner denied these motions.'
The Company and the S. W. O. C. were represented' by counsel
and participated in the hearing. Full opportunity to be heard, to
examine and cross-examine witnesses and to introduce evidence
bearing on the issues was afforded all parties. During the course
of the hearing the Trial Examiner made several rulings on other
motions and on'objections to the admission of evidence. The Board
has reviewed all the rulings of the Trial Examiner and finds that
no prejudicial errors were committed. The rulings are, hereby
affirmed.
1 On November 10, 1939, the Board issued a Decision and Order in Case No. C-860 in-
volving employees of the Company in which it found that the Company was engaging in
unfair labor practices within the meaning of Section 8 ( 1) and (2) of the Act and ordered
the Company to cease and desist from such practices and to withdraw all recognition from
and completely disestablish the R. E. A. as a representative of its employees for collective
bargaining purposes . Thereafter the Board sought to enforce its Order in the United States
Circuit Court of Appeals for the Third Circuit, and the Company sought a review of such
Order before the same Court . The case was argued before the Court on March 3 , 1941, and
has been set for a re -hearing on April 21, 1941
1 See Matter of Bethlehem Steel Corporation, Bethlehem Steel Company , and South Buf-
falo Railway Co and Steel Workers Organizing Committee, Local Union 1024, C. 1. 0.,
30 N. L R B. 1006
162 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY - -
John, A. Roebling's Sons Company, a New Jersey, corporation, is
engaged in business at Trenton, New Jersey, and Roebling, New
Jersey, in the manufacture of wire, wire rope, cold rolled flat wire,
and, insulated copper wire. The principal raw materials used by the
Company- are pig and scrap iron, lead, rubber, copper, tin, ferro-
manganese, cotton, silk, and zinc. Normally 80 per cent of these raw
materials are shipped to the New Jersey plants from foreign coun-
tries and from States -of the United States other than the State of
New Jersey.' Normally approximately 90 per cent of the finished
products manufactured at'the New Jersey plants valued in excess of
$22,000,000 are shipped by the Company to States outside of the
State of New Jersey and to foreign countries. The Company admits
that it is engaged in interstate commerce within the meaning of the
Act.
H. THE ORGANIZATION INVOLVED
Steel Workers Organizing Committee, Locals 2110 and 2111, is a
labor organization affiliated with the Congress of Industrial Organ-
izations . It admits to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company and- the S. W. O. C. stipulated at the hearing that
the Company refi