Mid-States Steel and Wire Co.

National Labor Relations Board - Board Decisions

Oct 9, 1942

44 N.L.R.B. 990 (N.L.R.B. 1942)

In the Matter Of MID-STATES STEEL AND WIRE Co. and AMERICAN
FEDERATION OF LABOR
Case No. R-4053.Decided October 9, 19493
Jurisdiction : metal products manufacturing industry.
Investigation and Certification of Representatives : existence of question: re-
fusal to accord union recognition; election necessary. ,
Unit Appropriate for Collective Bargaining : production and maintenance em-
ployees including watchmen and janitors and excluding foremen, assistant
foremen, clerical employees, and gatemen.
Mr. Robert D. Malarney, for the Board.
Mr. Fae W. Patrick, of Indianapolis, Ind., and Harding c i Hard=
ing, by Mr. Chase Harding, of Crawfordsville, Ind., for the Company.
Mr. Hugh Gormley, of Indianapolis, Ind., for the Union.
'Mr. Ben Law, of counsel,to the Board.
DECISION
AND
DIRECTION OF ELECTION,
STATEMENT OF THE CASE
Upon petition duly filed by the American Federation of Labor,
herein called the Union, alleging that a 'question affecting commerce
had arisen concerning the representation of employees of Mid-States
Steel and Wire Co.,' Crawfordsville, Indiana, herein called the Com-
pany, the National Labor Relations Board provided for an appro-
priate hearing upon clue notice before James C. Batten, Trial Ex-
aminer. Said hearing was held at Crawfordsville, Indiana, on July
16, 1942. The Company, the Union, and the Board appeared and
participated. All parties were afforded full opportunity to be heard,
to examine and cross-examine, witnesses, and to introduce, evidence
hearing 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 :
1 The petition erroneously designated the Company as Mid-States Steel Company: At
the hearing all formal papers in the proceeding were amended to correctly state the name
of the Company as Mid-States Steel and Wire Co. -
44 N. L. R. B., No. 189. '
990 '
MID-STATES STEEL AND WIRE' CO. 991
FINDINGS OF FACT
0
I. THE, BUSINESS OF, THE COMPANY
Mid-States Steel and Wire Co., an Indiana corporation having its
plant and principal place, of business in Crawfordsville, Indiana, is
,engaged in the manufacture and sale of wire, nails, bale ties, barbed
wire and fence. About 95 percent of the raw materials used by the
Company, consisting of wire rods, ,zinc, lead, sulphuric acid, and
natural gases, is secured from outside the State of Indiana. About
82 percent of the Company's finished products is shipped to points
outside the State of Indiana. About 7 percent of the Company's
finished products is shipped to concerns engaged in producing goods
for the war effort.
II. THE ORGANIZATION INVOLVED
The American Federation of Labor is a labor organization which
admits to membership through Federal Labor Union No. 23125
employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
During February 1942, the Union requested the Company to recog-
nize it as exclusive bargaining agent for the production and mainte-
nance employees. The Company replied that it would not' grant
such recognition unless and until the Union had been certified by the
Board. • U
A statement of the Regional Director introduced in evidence at
the hearing indicates that the Union- represents a substantial number
of employees in the unit hereinafter found appropriate.z
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 Company and the Union stipulated that the appropriate unit
should include all production and maintenance employees, excluding
foremen, assistant foremen, clerical employees, and gatemen. The
Union contends that the unit should also include watchmen and
janitors. The Company urges that they be excluded.
'The Regional Director's statement shows that (a) the Union submitted,95 authorization
cards bearing apparently genuine, original signatures, 75 dated in February 1942, 10 dated
in March 1942, and 10 undated, and (b) of the signatures appearing on the authorization
cards, 69 correspond with names on the Company's pay roll for May 8, 1942, which lists
159 employees in the appropriate unit.
992 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The Company employed three watchmen as of the time of the hear-
ing. The watchmen guard the plant at night, making regular rounds
of inspection and punching clocks. They carry firearms, 'and the
Company plans to have them bonded and deputized, in view of war
conditions. ' There are two janitors in'the Company's employ. They
perform the usual sweeping, 'mopping, and cleaning functions inc '-,
dental to their positions.
The Company contends that watchmen and janitors should ,be ex-
cluded on the grounds that they have access to the plant ' when the
management is not present and that at such times their interests
should be more closely allied with those of the management than
with those of the ordinary employees., The Union claims that the
watchmen and janitors are members of that organization and desire
representation by it. No other union seeks to represent the watch-
men and janitors and, in view of their small number, it appears that
they will have no representation if they are excluded from the ap-
propriate unit. On the basis of all the evidence, we are of the
opinion that watchmen and janitors should be included with the pro-
duction and maintenance employees. We therefore find that all pro-
duction and maintenance employees of the Company, including
watchmen and janitors, and excluding foremen, assistant foremen,
clerical employees, -and gatemen, 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
employees in the appropriate unit who were employed during the
pay,-roll period immediately preceding the date of this Direction of
Election, 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 f-Board by Section 9 (c) of the National Labor Re-
lations Act, and pursuant to Article III, Section 8, of National Labor
Relations 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 Mid-States Steel
and Wire Co., Crawfordsville, 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 super-
vision of the Regional Director for the Eleventh Region, acting in
MID-STATES STEEL AND WIRE CO. 993
this matter as agent for the National Labor Relations Board, and
subject to Article III, Section 9, of said rules and Regulations,
among the employees of the Company in the unit found to be appro-
priate in Section IV, above, who were employed during the pay-roll
period immediately preceding the date of this Direction of Election,
including employees who did not work during such pay-roll period
because they were ill or on vacation-or in the active military service
or training of the United States, or temporarily laid off, but exclud-
ing those who have since quit or been discharged for cause; to deter-
mine whether or not they desire to be represented by Federal Labor
Union No. 23125 of the American Federation of Labor for the pur-
poses of collective bargaining.
MR. GERARD D. REnLY took no part in the consideration of the
above Decision and Direction of Election.
487498-42-vol. 44-63