Simonds Saw and Steel Co.

National Labor Relations Board - Board Decisions

Mar 1, 1943

47 N.L.R.B. 1258 (N.L.R.B. 1943)

In the Matter Of SIMONDS SAW AND STEEL COMPANY and LOCAL 2857,
UNITED STEELWORKERS OF AMERICA,- C. I. O. - '
Case No. R-4903.-Decided March 1, 1943-
Jurisdiction : steel manufacturing industry.
Investigation and Certification of Representatives: existence of question : -recog-
nition refused without prior certification of Board ; election necessary.
Unit Appropriate for Collective Bargaining : all production 'and maintenance
employees at one plant of company, with specified exclusions; stipulation as to.
Mr. J. Carl Fogle, of Lockport, N. Y., for the Company.
Mr. Joseph P. Maloney, of Buffalo, N. Y., for the Union.
Miss Muriel J. Levoi°, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by Local 2857, United Steelworkers of
America, C. I. 0., herein called the Union, alleging that a question
affecting commerce had arisen concerning the representation of em-
ployees of Simonds Saw and Steel Company, Lockport, New York,
herein called the Company, the National Labor Relations Board pro-
vided for an appropriate hearing upon due' notice before Francis V.
Cole, Trial Examiner. Said hearing was held at Buffalo, New York, on
February 11, 1943. The Company and the Union appeared, partici-
pated, and were afforded full opportunity to be heard, to examine and
cross-examine witnesses, and to introduce evidence bearing on the is-
sues. 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:
FINDINGS OF FACT
I. THE BUSINESS OF'THE COMPANY
Simonds Saw and Steel Company, a Massachusetts corporation au-
thorized to do business in the State of New York, is engaged,in the -
manufacture and fabrication of tool and saw steel. The Company
47 N. L. R. B., No. 153.
1258
SIMONDS SAW AND STEEL COMPANY 1259
operates plants at Fitchburg, Massachusetts, Philadelphia, Pennsyl-
vania, Montreal and Arvida, Quebec, Canada, and at Lockport, New
York. The Lockport plant is alone concerned in this proceeding.
During the year 1942, the Company used at its Lockport plant raw
materials of a value in excess of $1,000,000, of which over 50 percent
was shipped from points outside the State of New York. During the
same period the Company manufactured 'tit its Lockport plant finished
products to a value in excess of $1,000,000, of which more than 50
percent was shipped to points outside the State of New York.
The Company concedes for the purposes of this proceeding that it
is engaged in commerce within the meaning of the National Labor
Relations Act.
II. THE ORGANIZATION INVOLVED
Local 2857, United Steelworkers of America , is a -labor organiza-
tion affiliated with the Congress of Industrial Organizations , admit-
ting to membership employees of the Company. .
III. THE QUESTION CONCERNING REPRESENTATION
On or about January 9, 1943, the Union, in a letter to the Company,
requested a conference for the purpose of collective bargaining. The
Company refused unless and until the Union is duly certified as the
exclusive representative by the Board.
A statement of the Trial Examiner' made- 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
We find, in accordance with a stipulation of the. parties, that all
production and maintenance employees of Simonds Saw and -Steel
Company at its Lockport, New York, plant, excluding all office , cleri-
cal, supervisory, and plant-protection employees, 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-
i The Trial Examiner reported that the Union submitted 284 designations , all bearing
apparently genuine signatures . No check of these designations against a pay roll was
made because the Company refused to furnish a pay roll . There are approximately 580
employees in the appropriate unit.
1260 DECISIONS, OF' NATIONAL LABOR RELATIONS BOARD
ployees in,the appropriate unit who were employed during the pay-.
roll period immediately preceding the date of our Direction of Elec-
tion, 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 Simonds Saw and
Steel Company, Lockport, New York, 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 of Election, under the direction and
supervision of the Regional Director for the Third 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
all employees of the Company in the unit found appropriate in Sec-
tion IV, above, who were employed during the pay-roll period imme-
diately preceding the date of this.Direction, including employees who
did not work during said pay-roll period because they were in 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 or not they desire to be represented by
Local 2857, United Steelworkers of America, C. I. 0., for the purposes
of collective bargaining. ,
2 At the hearing the Union requested that it appear on the ballot merely as "C. I. 0."
However, to avoid any confusion as to the identity of the Union , we shall place it on the
ballot as "Local '2857 , United Steelworkers of America , C. 1 0."