McKinley Iron Works

National Labor Relations Board - Board Decisions

Oct 10, 1944

58 N.L.R.B. 902 (N.L.R.B. 1944)

In the Matter of DEWITT MCKINLEY, ROBERT B. MCKINLEY, AND
EDNA MCKINLEY CRISLER, CO-PARTNERS, D/B/A MCKINLEY IRON
WORKS and UNITED STEELWORKERS OF AMERICA, C. I. O.
Case No. 16-R-1016.-Decided October 10,19/4
Mr. Sidney L. Samuels, of Fort Worth, Tex., for the Company.
Mr. W. A. Leigh, of Dallas, Tex., for the Union.
Mr. Bernard Goldberg, of counsel to the Board.
e
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon an amended petition duly filed by United Steelworkers of
America, C. I. O.,-herein called the Union, alleging that a question
affecting commerce had arisen concerning the representation of
employees of DeWitt McKinley, Robert B. McKinley, and Edna Mc-
Kinley Crisler, Co-partners doing business as McKinley Iron Works,
Fort Worth, Texas, herein called the Company, the National Labor
Relations Board provided for an appropriate hearing upon due notice
before Earl Saunders, Trial Examiner. • Said hearing ,was held at
Fort Worth, /Texas, on September 15, 1944. The Company and the
Union appeared and participated. All parties 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 a're free from prejudicial error and are
hereby affirmed. All parties were afforded an opportunity to file
briefs with the Board.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
DeWitt McKinley, Robert B. McKinley, and Edna McKinley
Crisler, Co-partners doing business as McKinley Iron Works, are en-
gaged in the manufacture of iron castings, at Fort Worth, Texas.
58 N L. B. B., ,No. 171.
902
McKINLEY IRON WORKS 903
During the 6 months from February to July 1944, the Company
purchased for use in its manufacturing operations, pig iron valued at
$28,587.93, all of which came from outside the State of Texas, and
scrap iron valued at $43,088 of which $411 worth was purchased out-
side the State of Texas. Thus, approximately 40 percent of the 2
principal raw materials used by the Company was shipped into the
State of Texas from points outside the State. During the same period,
the Company sold manufactured products valued at $285,622.70, of
which $7,890.75 or 2.76 percent represents sales to customers outside
the State of Texas. About 10 percent of its sales during the period
referred to above was made to the Austin Bridge Company, a Texas
firm engaged in making housing and magnesium castings for incen-
diary bombs.
We find, contrary to its contention, that the Company is engaged in
commerce within the meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
United Steelworkers of America, affiliated with the Congress of
Industrial Organizations, is a labor organization admitting to mem-
bership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On August 3, 1944, the Union wrote the Company asking for
recognition as the exclusive bargaining representative of the Com-
pany's production and maintenance employees. The Company re-
plied on August 9, 1944, requesting the Union to submit all signed
membership cards so that the Company might determine if the
Union did, in fact, represent a majority of its employees. The
Union refused to accede to this request and filed the petition herein.
A statement of a Board agent, introduced into evidence at the
hearing, indicates that the Union represents a substantial number of
employees in the unit hereinafter found 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 Act.
IV. THE APPROPRIATE UNIT
The Union seeks a unit of all production and maintenance em-
ployees excluding office clerical employees and all supervisory per-
' The Field Examiner reported that the Union submitted 105 authorization cards ; that
the names of 69 persons appearing on the cards were listed , on the Company ' s pay roll of
August 12, 1944,•which ca }tainctd the names of 1-28 employees in the appropriate unit , and
that the 69 cards were dated as follows : 12 in July 1944 , 2 in August 1944, and 55 were
undated.
904 DECISIONS OF-NATIONAL LABOR RELATIONS BOARD
sonnel. The Company takes no position with respect to the
appropriateness of the aforesaid unit.
We find that all production and maintenance employees 2 at the
Company's Fort Worth, Texas, plant, excluding all office clerical em-
ployees and all 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 Elec-
tion herein, subject to the limitations and additions set forth in the
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 Rela-
-lions Act, and pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 3, as amended, it is
hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with DeWitt McKinley,
Robert B. McKinley, and Edna McKinley Crisler, Co-partners doing
business as McKinley Iron Works, Fort Worth, Texas, 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 di-
rection and supervision of the Regional Director for the Sixteenth
Region, acting in this matter as agent for the National Labor Rela-
tions Board, and subject to Article III, Sections 10 and 11, of said
Rules and Regulations, among the employees in the unit found ap-
propriate in Section IV, above, who were employed during the pay-
roll period immediately preceding the date of this Direction, includ-
ing employees who did not work during said pay-roll because they
were ill or on vacation or temporarily laid off, and including em-
ployees in the armed forces of the United States who present them-
2 Included in the category of production and maintenance employees are the following
Job classifications : floor moulder, moulder helper or apprentice , machine moulder ,., core-
maker, coremaker helper or apprentice , chipper or grinder, chipper or grinder helper or
apprentice, laborer, welder, shipping clerk, truck driver, cupola tender and charger,
furnace helper, maintenance mechanic , storekeeper, carpenter , warehouseman , clean-up
man, pattern maker, pattern maker apprentice , ladleman , sand mixer , watchman -clean-up-
man, utility man.
- McKINLEY IRON WORKS 905
selves 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 or
not they desire to be represented by United Steelworkers of America,
C. I. 0., for the purposes of collective bargaining.
MR. GEitARn'D. REILLY took no part in the consideration of the above
Decision and Direction of Election.