Scully Steel Products Co.

National Labor Relations Board - Board Decisions

Sep 17, 1942

44 N.L.R.B. 89 (N.L.R.B. 1942)

In, the Matter, Of. SCULLY STEEL-PRODUCTS COMPANY and UNITED
STEELWORKERS OF AMERICA
Case No. R-4256.Decided September 17, .1942
Investigation and Certification of Representatives : stipulation for certification
upon consent election.
Mr. John F. LeBus, for the Board.
Mr. John W. B. Foringer, of Chicago, Ill., for the Company.
Mr. Lee Pressman, of Washington, D. C., for the Union.
Mr. Robert E. Tillman, of counsel to the Board.
DECISION .
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
On July 20, 1942, United Steelworkers of America, herein called
the Union, filed with the Regional Director for the Sixth Region
-(Pittsburgh, Pennsylvania) a first amended petition alleging that a
question affecting commerce had arisen concerning the representation
of-employees of Scully Steel Products Company, herein called the
Company, engaged in steel warehousing at its Waverly warehouse,
,Nei,;ark, New Jersey, and requesting aii investigation and certification
of representatives pursuant to Section 9 (c) of the National Labor
Relations Act, 49 Stat. 449, herein called the Act. On July 24, 1942,
the Company, the Union, and the Regional Director entered into a
"STIPULATION FOR CONSENT ELECTION AND CERTIFI-,
-CATION BY NATIONAL LABOR RELATIONS BOARD." On
July 27, 1942, the National Labor Relations Board, herein called the
Board, acting pursuant to Section 9 (c) of the Act, and Article III,
Section 3, of National Labor Relations Board Rules and Regulations-
Series 2, as amended, ordered an investigation and autliorized the
Regional Director to conduct it and to provide for an appropriate
hearing upon due notice.
Pursuant to the stipulation, an election by secret ballot was con-
ducted on August 26, 1942, under the direction and supervision of the
Regional Director, among all employees of the Company in its
44, N. L. R. B, No. 16.
89
90 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Waverly warehouse , Newark, New Jersey, excluding salaried or cler-
ical employees , foremen, assistant foremen, supervisors in charge of
any classes of labor, or watchmen, or guards, to determine whether or
not they desired to be represented by the Union. On September 1,
1942, the Regional Director issued and sduly, served upon the parties
an Election Report on the ballot. No objections to the conduct of
the ballot or the Election Report have been filed by any of the parties.
In his Election Report the Regional Director reported as follows
concerning the balloting and its results :
Total on eligibility list ----------------------------------- 112
Total ballots cast-- --------------------------------------- 102
Total ballots challenged----------------------------------- 0
Total blank ballots________________________________________ 0
Total void ballots ---------------------------------------- 2
Total valid votes counted-- ------------------------- 1 00
Votes cast for United Steelworkers of America------------- 97
Votes cast against United Steelworkers of America ---------- 3
Upon the basis of the stipulation , the Election Report, and the
entire, record in the case ; the- Board makes -the, following : -
FINDINGS OF FACT
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of Scully Steel Products Company, in its
Waverly warehouse,. Newark, New Jersey, within the meaning of
Section 9 (c) and Section 2 (6) and (7) of the National Labor Rela-
tions Act.
2. All employees of the Company in its Waverly warehouse, Ne-
wark, New Jersey, excluding salaried or clerical employees, foremen,
assistant foremen, supervisors in charge of any classes of labor,
or watchmen, or guards, constitute a unit appropriate for the purposes
of -collective bargaining within the meaning of Section 9 (b) of
the National Labor Relations Act.
3. United Steelworkers of America has been designated and selected
by a majority of the employees in the above unit as their representa-
tive for the purposes of collective bargaining, and is the exclusive
representative of all employees in said unit within the meanin of
Section 9 (a) of the National Labor Relations Act.
CERTIFICATION OF REPRESENTATIVES
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,
IT IS HEREBY CERTIFIED that United Steelworkers of America has
been designated and selected by a majority of all employees of the
SCULLY STEEL PRODUCTS COMPANY -91
Company in its Waverly warehouse, Newark, New Jersey, excluding
salaried or clerical employees, foremen, assistant foremen, super-
visors in charge of any classes of labor, or watchmen, or guards,
as their representative for the purposes of collective bargaining, and
-that, pursuant to Section 9 (a) of the Act, United Steelworkers of
-America-is the exclusive representative of. all such-enipldyees'`for the'
purposes of collective bargaining in respect to rates of pay, wages,
hours of employment, and other conditions of employment
Ma. WM. M. LEISERSON took no part in the consideration of the
above Decision and Certification of Representatives.