Morris, Wheeler & Co., Inc.

National Labor Relations Board - Board Decisions

Oct 20, 1944

58 N.L.R.B. 1184 (N.L.R.B. 1944)

In the Matter of MORRIS, WHEELER & Co., INC.' and UNITED ELECTRICAL
RADIO & MACHINE WORKER; OF AMERICA, CIO
Case No. 4-R-15041.-Decided October 20, 1944
Messrs. John P. E. Hippell and H. C. Cluley, Jr., of Philadelphia,
Pa., for the Company.
Mr. Samuel Goldberg, of Philadelphia, Pa., for the CIO.
Mr. Leonard Michael Propper, of Philadelphia, Pa., for the Asso-
ciation.
Mr. Raymond C. Adams, of Philadelphia, Pa., for the A. F. of L.
Miss Ruth Rusch, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by United Electrical, Radio & Machine
Workers of America, CIO, herein called the CIO, alleging that a
question affecting commerce had arisen concerning the representation
of employees of Morris, Wheeler & Co., Inc., Philadelphia, Pennsyl-
vania, herein called the Company, the National Labor Relations Board
provided for'an appropriate hearing 'upon due notice before Herman
Lazarus, Trial Examiner. Said hearing was held at Philadelphia,
Pennsylvania, on September 12, 1944. The Company, the CIO, the
Employees Representation Association of Morris, Wheeler & Co.,
Inc., herein called the Association, and Shopmen's Local Union No.
502, International Association of Bridge, Structural & Ornamental
Iron Workers, A. F. of L., herein called the A. F. of L., appeared and
participated .2 All parties were afforded fall 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 hear-
' All the formal papers were corrected to show the proper name of the Company as set
forth above.
2 At the beginning of the hearing , the Trial Examiner granted motions to intervene
made by the Association and the A. F. of L
Warehousemen ' s Local 169 , International Brotherhood of Teamsters , Chauffeurs, Ware-
housemen and Helpers , also notified of the hearing. did not appear.
'SN L 1: B, No 222.
1194
MORRIS, WHEELER & CO., INC. 1185
ing are 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
The Company is a Pennsylvania corporation engaged in a general
iron and steel warehousing and structural steel fabricating business.
During the course of a year, the Company purchases structural steel
amounting to more than $100,000 in value, of which approximately 30
percent is shipped from sources outside the Commonwealth of Penn-
sylvania. In the same period the Company sells steel amounting to
more than $1,000,000 in value, of which 50 percent is shipped to points
outside the Commonwealth of Pennsylvania. ,
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
H. THE ORGANIZATIONS INVOLVED
United Electrical, Radio & Machine Workers of America is a labor
organization affiliated with the Congress of Industrial Organizations,
admitting to membership employees of the Company.
The Employees Representation Association of Morris, Wheeler &
Co., Inc., is a labor organization, admitting to membership employees
of the Company.
Shopmen's Local No. 502, International Association of Bridge,
Structural & Ornamental Iron Workers, is a labor organization affilia-
ted with the American Federation of Labor, admitting to membership
employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the CIO as the
exclusive bargaining representative of its production and maintenance
employees until the CIO has been certified by the Board in an
appropriate unit.
A statement of a Field Examiner, introduced into evidence at the
hearing, indicates that the CIO represents a substantial number of em-
ployees in the unit hereinafter found appropriate.3
'The Field Examiner reported that the CIO submitted 52 authorization cards, 46 of
which bore the names of persons appearing on the Company 's pay roll of August 11, 1944,
which contained the navies of 114 employees in the appropriate unit The cards were
dated as tollows 1 in June ( no year shown ), 37 in June 1944 , 1 in July 1944 , and 7 un-
dated
The Association has represented the employees in the unit involved herein for several
years, and held a contract covering them which has recently expired. This contract,
009591-45-N of 58-76
1186 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
We find that a.question affecting commerce has arisen concerning,
the representation of employees of the Company, within the mean-
ing of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. TIIE APPROPRIATE UNIT
We find, in accordance with the stipulation of the parties and the
record, that the Company's production and maintenance employees
including watchmen and guards,4 but excluding general office em-
ployees, fabrication shop employees, truck drivers, the barber leader,
executive officers, foremen, and all supervisory. employees with au-
thority to hire, promote, discharge, discipline, or otherwise effect
changes in the status of employees, or effectively recommend such ac-
tion, constitute a unit appropriate for the purposes of collective bar-
gaining within the meaning of Section 9 (b) of the Act.5
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. We shall make no provision for the A. F. of L. to appear
on the ballot since it intervened in the proceedings only for the pur-
pose of protecting its interest as the bargaining representative of
the Company's fabrication shop employees, and, at the hearing, dis-
claimed all interest in the unit herein found appropriate.
In accordance with the request made by the CIO at the hearing,
we shall designate it on the ballot,as U. E.-CIO.
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-
tions 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 Morris, Wheeler
& Co., Inc., Philadelphia , Pennsylvania , an election by secret ballot
shall be conducted as early as possible , but not later than thirty (30)
which was received In evidence at the hearing, indicates the Association's interest in the
proceeding.
The record indicates that the guards are not militarized.
s This is substantially the same unit as that covered by the Association 's contract.
MORRIS , WHEELER & CO., INC. 1187
clays from the date of this Direction, under the direction and super-
vision of the Regional Director for the Fourth 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, among
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
of. 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 U. E.-CIO, or by Employees Representation Association of Morris,
Wheeler & Co., Inc., for the purposes of collective bargaining, or by
neither.