National Lead Co.

National Labor Relations Board - Board Decisions

Jan 12, 1943

46 N.L.R.B. 1031 (N.L.R.B. 1943)

In.the Matter of NATIONAL LEAD COMPANY and DISTRICT 50, UNITED
MINE Womm - OF AMERICA
Case' No. B-4665.-Decided January 12,1943
Jurisdiction : metal products manufacturing industry.
Investigation and Certification of Representatives : ^ existence. of question : refusal
to accord recognition; contract providing for representation of members only
held no bar to; election necessary.' -
Unit Appropriate for Collective Bargaining : all production and maintenance
-employees , ' excluding supervisory employees , clerical help, employees having
the right to hire and discharge , guards and watchmen ; stipulation as to.
Messrs. James, G: Marley and Fred K. McCarthy, both of Cincinnati,
Ohio, for the Company.,
Messrs. Barry Rein/elder and George M. Mason, both of Cincinnati,
Ohio; for District 50.
Mr. James Tone, of Cincinnati, Ohio, for Local 418.
Mr. David V. Easton, of'counsel to the Board.
DECISION-
AND
DIRECTION OF ELECTION
• ' STATEMENT OF THE CASE
Upon petition duly filed by District 50, United Mine Workers of
America, herein called District 50, alleging that a question affecting
commerce had arisen concerning the representation of employees of
National Lead Company, Cincinnati, Ohio, herein called the Company,
the National Labor Relations Board provided for an appropriate
hearing upon due notice before James A. Shaw, Trial • Examiner.
Said hearing was held at Cincinnati, Ohio, on December 14, 1942.
The Company, District 50, and Local 418, General Warehousemen,
International Brotherhood of Teamsters, Chauffeurs, Warehousemen
& Helpers, A. F. L., herein called Local 418, appeared, participated,
and 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 are free from
prejudicial error and are here affirmed.
Upon the entire record in the case, the Board makes the following:
46 N. L. R. B., No. 115.
1031
1032 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
National Lead Company is a New_ Jersey corporation engaged in
the manufacture and sale of lead and allied metal products, operating
plants in various States of the ' United States, and in foreign coun-
tries. The Cincinnati branch of the Company maintains metal mills
in Cincinnati, Ohio, and Atlanta, Georgia. In addition, it operates
an office and warehouse, in Louisville, Kentucky. The Cincinnati
branch services 10 States of the United States. We are concerned
with the metal mill' in Cincinnati, Ohio, located at 659 Freeman
Avenue. This mill is totally engaged in war production turning out
lead bullet core rods for. Army, Ordnance, alloys for the aircraft in-
dustry, and babbitt., It, is composed of 3 producing departments, a
shipping warehouse departnient,,and a maintenance, department, with
approximately 36 employees engaged therein.
The-Company purchases for its Cincinnati branch and plant raw
materials in excess of $2,000,000, all from points outside the State
of Ohio, and sells finished lead and allied, metal products,,in, amount
in excess of $3;500,000, of which, approximately, 85 percent is sold Ito
customers at points outside the State of Ohio.
The Company admits that-,it is engaged in commerce within the
meaning of the National Labor Relations Act.
,If«
H. THE . ORGANIZATIONS INVOLVED
District 50, United Mine Workers of America, is a labor organiza-
tion admitting to membership employees of the Company.
Local' 418, General ' Warehousemen , International Brotherhood' ,of
Teamsters, Chauffeurs , Warehousemen & Helpers is a labor organiza
tion `affiliated *ith' the_ American Federation of Labor, .admitting to,
membership • etployees of the Company: a" .
HI.: , THE QUESTION CONCERNING 'REPRESENTATION
On or about November ' 24, 1042 , District '50 requested recognition-
froni the' Company ;' but'tle Company ' refused to extend' recognition
upon tlie'gro'und`tliat̀ if had a contract 'with Local 418c6ei ring the
employees' in question .' The Company and Local 4.18 ,contend that'
the contract referred to constitutes a bar to these ' p'roceeding's. "'
The contract )between the Company and Local 418'is applicable only'
to members of Local 418, and is effective frOth ' October 8 , 1941 to Octo-
ber 1 , 1943. We are of the opinion and find that , inasmuch as , the con-'
NATIONAL LEAD, COMPANY , 1033
tract in question; is for members only, it does not constitute a bar .to
the present proceeding.'
.A statement of an attorney for the Board, introduced in evidence
at the hearing, indicates that District 50 represents a substantial num-
ber of employees in the unit hereinafter found appropriate.2
W'Ve,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 .
In accordance with,astipulation of the parties, we find that 'a'll pro-
duction and maintenance employees 'of the Company's Cincinnati mill
located , at; 659' Freeman Avenue, Cincinnati, Ohio; excluding all super-
visory employees, clerical help, employees having the,right.to hire and
discharge, guards, and watchmen, 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 the Direction of
Election 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 Relations
Act, and pursuant to Article III, Section 9, of National Labor Rela-
tions 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 National Lead
Company, Cincinnati branch, 659 Freeman Avenue, Cincinnati,
Ohio, an election by secret ballot shall be conducted as early as pos-
sible, but not later than thirty (30) days from the date of this
Direction, under the direction and supervision of the Regional Direc-
1Matter of Wilson & Co., Inc and Packinghouse Workers Organizing Comm4ttee, 42
N. L R B. 665, and cases cited therein. ,
3 The attorney for the Board reported that District 50 submitted 25 application cards, all
of which bore apparently genuine original signatures . Twenty of the names on these cards
were those of,persons appearing upon the pay roll of the Company of December 5, 1942,
which contained 36 names in the appropriate unit.
Local 418 relies upon its contract with the Company of October 8, 1941, to establish its
Interest.
1034 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
tor for the Ninth Region, acting in this matter as agent for the
National Labor Relations Board, and subject to Article III, Section
10, 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 any such 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 any who have
since quit or been discharged for cause, to determine whether they de-
sire to be represented by District 50, United Mine Workers of America,
or by Local 418, General Warehousemen, International Brotherhood of
Teamsters, Chauffeurs, Warehousemen & Helpers, affiliated with the
American Federation of Labor, for the purposes of collective bargain-
ing, or by neither.
CHAIRMAN MILLIs took no part in the consideration of the above
Decision and Direction of Election.