Leader Iron Works, Inc.

National Labor Relations Board - Board Decisions

Apr 29, 1944

56 N.L.R.B. 154 (N.L.R.B. 1944)

In the Matter of LEADER IRON WORKS, INC. and UNITED AUTOMOBILE
WORKERS OF AMERICA, DISTRICT #8, AFL
Case No. 13-R-2343.---Decided April 29,1944
Mr,. Arthur F. Delakunty, of Boland ct Delahunty, of Decatur, Ill.,
and Mr. W. F. Canavan, of Decatur, Ill., for the, Company.
Mr. Leonard E. Cranfill, of Decatur, Ill., for the United Automobile
Workers of America, affiliated with the A. F. of L.
Mr. Bert Tavender, of St. Louis, Mo., and Mr. H. I. Bundy, of De-
catur, Ill., for the United Steelworkers of America, CIO.
Mrs. Margaret L. Fassig, of counsel to the Board.
DECISION
i
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
' Upon a petition duly filed by United Automobile Workers of Amer-
ica, District #8, AFL, herein called the U. A. W., alleging that a
question affecting commerce had arisen concerning the representation
of employees of Leader Iron Works, Inc., at Decatur, Illinois, herein'
called the Company, the National Labor Relations Board provided
for an appropriate hearing upon due notice before Jack G. Evans,
Trial Examiner. Said hearing was held at Decatur, Illinois, on March
24, 1944. ' The Company, the U.' A. W., and United Steelworkers of
America, Local Union #1103, CIO, herein referred to as the Steel-
workers, appeared and participated. All parties were afforded full
opportunity to be heard, to examine and cross-examine witnesses, and
.to introduce evidence bearing onr the issues. The Steelworkers made
a motion at the hearing to dismiss the petition herein on the ground
that its contract with the Company is'a bar to the proceedings, and
the Trial Examiner referred the motion to the Board. For reasons
hereinafter stated, this motion is hereby denied. The Trial Exam-
iner's rulings made at the hearing are free from prejudicial error
and are hereby affirmed. All parties were afforded an opportunity
to file briefs with the Board.
56 N. L. R. B, No. 31.
154
r
LEADER, IRON WORKS, INC. 155
Upon the entire record in the case, the Board makes the following,:,
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Leader Iron Workers, Inc., is a Delaware corporation, having its
principal office and place of business at Decatur, Illinois. It is en-
gaged in the fabrication of steel and other metal plate and operates
a plant for that purpose at Decatur, Illinois. During the 12' month
period prior to the hearing, the Company purchased raw materials such
as steel, copper, and metal alloys, in excess of $300,000 in value, of
which more than 90 percent was received in interstate commerce;
and during the same period the Company fabricated and distributed
steel and other metal plate of a total value in excess of $1,000,000, of
which more than 70, percent was transported in interstate commerce.
The, Company admits that it is engaged in, commerce within the
meaning of the National Labor Relations Act.
H. TH} ORGANIZATIONS INVOLVED
United Automobile Workers of America, District #8, affiliated with
the American Federation of Labor, is a labor organization admitting
to membership employees of the Company.
United Steelworkers of America, Local Union #1103, affiliated
with the Congress of Industrial Organizations, is a labor organiza-
tionadmitting to membership employees of the Company.,
III. THE QUESTION CONCERNING REPRESENTATION
By letter dated February 22, 1944, the U. A. W. advised the Com-
pany that the majority of the Company's employees had selected it
as their bargaining agent and requested a meeting on February 26
to negotiate a contract. The Company replied by letter dated Feb-, .
ruary 25 advising that for'several years its employees had been reli-
resented by the Steelworkers with which the Company has a contract
effective until May 1, 1944, and suggesting that the U. A. W., take
proper action to establish its claim of representation. Also on Feb-
ruary 25 the Company wrote to the Steelworkers advising the latter
of the claim of representation it had received, from the -U. A. W.
and asking whether the Steelworkers claimed to be the, qualified
representative of the Company's employees as their bargaining agent.
The Steelworkers answered by letter of February 26 advising 'the
Company that its contract with the Company would remain in full
force and effect until' May 1, 1944.
156 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The Steelworkers and a predecessor union have had collective bar-
gaining contracts with the Company since 1937. The current con-
tract urged as a bar by the Steelworkers by its terms is to remain
in full force and effect until May 1, 1944, inclusive, and contains
if provision that 60 days before the end of the agreement, both parties
shall start negotiations for a new agreement and in the event no
agreement is reached, the present agreement shall be extended during
further negotiations. This contract also contains the following clause
as a proviso to recognition : "... that at any time during the life
of this Agreement (if) a majority of the Company's employees choose
to have some other union or organization represent them, the Com-
pany will then recognize the Union or organization so chosen by the
employees as their duly authorized representative." The request for
recognition as collective bargaining representative' of the Company's
employees was made by the U. A. W. on February 22, 1944, shortly
prior to the 60-day period for negotiating changes in the present
bargaining contract. In the circumstances we find that the notice
given to the Company by the U. A. W. of its representation claim
was timely, and that the contract is not a bar to a present deter-
mination of representatives. .
A statement of a Board agent, introduced into evidence at the
hearing, indicates that the U. A. W. represents a substantial number
of employees in the unit hereinafter found appropriate?,
We find that a gijestion 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
In the petition the U. A. W. ,states that it considers all of the Com-
pany's production and maintenance employees, including time clerks,
except for supervisors and office clericals, to constitute an appropriate
jinit. All parties agree that this in substance has been the bargaining
unit represented by the Steelworkers and its predecessor since 1937. It
was agreed that the employees to be excluded as supervisors are the
general forman, 3 assistant foremen, the supervisor of the time clerks,
and the storekeeper. All the parties would include in the unit the
supervisor of the labor gang. He does manual work but directs a crew
of 6 to 10 men and receives about 12 percent higher pay than those un-
der him. He has been in charge of the labor crew for 12 years, is con-
1 The Field Examiner reported that the U . A. W had submitted 65 authorization cards;-
that the names of 61 persons appearing on the cards were listed on the Company 's pay roll
of March 8 , 1944, which contained the names of 94 employees in the appropriate unit; and
that the cards were dated : 60 in February and 1 In January 1944. The Steelworkers sub-
mitted to the Trial Examiner at the hearing a list prepared by its financial secretary, of
its members who had paid dues for the month of February 1944. The list contained 62
names, of which 57 were those of employees listed on the aforesaid pay roll.
i
LEADER IRON WORKS, INC. 157
sidered by the Company as a "key man" and has the authority to rec-
ommend changes in the status of employees. Although the parties
agreed to his inclusion, he falls within our customary definition of
supervisory employees and accordingly-we shall exclude him from the
unit.
The only minor controversy which developed regarding the appro-
priate unit was as to the Company's three watchmen. The Company
desires their exclusion and both unions desire their inclusion. The
watchmen are not armed, deputized or part of the military police. The
one on the day shift acts as janitor and the other two as night watch-
men. The watchmen have heretofore been inclined in the unit repre-
sented by the Steelworkers, but the Company recently requested the
Steelworkers to withdraw their membership and accordingly the Steel-
workers issued "inactive" cards to them. However, the Steelworkers
as well as the U. A. W. desires the inclusion of the watchmen in the
bargaining unit. In viow of the long history of their inclusion in the
bargaining unit, the fact they are neither armed nor deputized, and
the desires of both unions, we shall include the watchmen in the appro-
priate unit.
We find that all production and maintenance employees, including
time clerks and watchmen, but excluding office employees, the general
foreman, the three, assistant foremen, supervisor of the time clerks,
the super-visor of the labor gang, the storekeeper, and all or any other
supervisory employees with authority to hire, promote, discharge,
discipline, or otherwise effect changes in the status of employees, or
effectively recommend such action, constitute a unit appropriate for
the purposes of collective bargaining within the meaning 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-
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 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 Relations Act,
and pursuant to Article III, Section 9, of National-Labor Relations
Board Rules and Regulations-Series 3, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Leader Iron
,158 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Works, Inc., Decatur, Illinois, an I 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 Thirteenth Region, acting in this
matter as agent for the National Labor Relations Board; and subject
to Article III, Sections 10 and, 11, of said Rules and Regulations,
amongQ 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 employees who did not
work during said pay-roll period,because they were ill or on vacation
or temporarily laid off, and including employees in the armed forces
or. the United States who present themselves in person at the polls,
but excluding those employees who have since quit or been discharged
for cause and have not been rehired or reinstated prior to the date of
the election, to determine whether they desire to be represented by
United Automobile Workers of America, District #8, affiliated with
the A. F. L., or by United Steelworkers of 'America, Local Union
#1103, affiliated with the C. I. 0., for the'purposes of collective bar,
gaining, or by neither. .