St. Louis Steel Products Co.

National Labor Relations Board - Board Decisions

Jun 25, 1942

41 N.L.R.B. 1261 (N.L.R.B. 1942)

In the Matter of ST. Louis STEEL PRODUCTS COMPANY and AMERICAN
FEDERATION OF LABOR AND ITS AFFILIATED INTERNATIONAL UNIONS
Case No. B-3896.-Decided June 25, 1942
Jurisdiction : steel products and ordnance manufacturing industry.
Investigation and Certification of Representatives : existence of question: re-
fusal to accord petitioner recognition ; contract concluded during pendency of
proceeding and in face of claims of rival organization, held no bar; election
necessary.
Unit Appropriate for Collective Bargaining : all production and maintenance
employees, excluding supervisory and office employees and watchmen.
Mr. J. G. Hermann, of St. Louis, Mo., for the Company.
Mr. E. P. Theiss, of St. Louis, Mo., for the A. F. of L.
Mr. Ray Hartlein and Mr. Lloyd McBride, of St. Louis, Mo., for
the C. I. O.
Mr. George H. Gentithes, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by American Federation of Labor, and its
Affiliated International Unions, herein called the A. F. of L., alleg=
ing that a question affecting commerce had arisen concerning the
representation of employees of St. Louis Steel Products Company,
St. Louis, Missouri, herein called the Company, the National Labor
Relations Board provided for an appropriate hearing upon due
notice before Jack G. Evans, Trial Examiner.. Said hearing was
held at St. Louis, Missouri, on May 25, 1942. The Company, the
A. F. of L., and the Steel Workers Organizing Committee, affiliated
with the Congress of Industrial Organizations, herein called the
C. I. 0., 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 hereby affirmed.
The C. I. O. submitted a brief which the Board has duly considered.
Upon the entire record in the case, the Board makes the following :
41 N. L. R. B., No. 233.
1261
1262 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
St. Louis Steel Products Company is a Missouri corporation, with-
its principal office and place of business at St. Louis, Missouri. Until.
June 1941, the Company was engaged solely in the manufacture of.
wire bar ties, snow ties, commercial ties, and creamery can ties. At
that time it additionally undertook the manufacture of bomb pulls
for the Government. From May 1, 1941, to April 30, 1942, inclusive,.
the Company purchased approximately $195,000 worth of raw ma-
terials, 97 percent of which was shipped to the St. Louis plant from.
points outside the State of Missouri. During this same period the-,
Company manufactured approximately $472,000 worth of finished,
products, 93 percent of which was transported from the plant to
points outside of Missouri. The Company admits that it is engaged'.
in commerce within the meaning of the National Labor Relations Act..
.II. THE ORGANIZATIONS INVOLVED
The American Federation of Labor and its Affiliated International'
Unions are labor organizations admitting to membership employees
of the Company.
Steel Workers Organizing Committee is a labor organization, affili-
ated with the Congress of Industrial Organizations, admitting to,
membership employees of the Company. At the hearing its repre-
sentative announced that its name had been officially changed to.
United Steelworkers of America.
III. THE QUESTION CONCERNING REPRESENTATION
The A. F. of L. requested that the Company recognize it as the-
exclusive representative of the Company's employees. The Company
refused on the grounds that it had an agreement with the C. I. O.
Thereupon, on May 12, 1942, the A. F. of L. filed a petition in this
proceeding.
The Company and the C. I. O. alleged that these proceedings are
barred because of existing contractual relations between them. On
March 29, 1941, a sole recognition contract was signed by the Com-
pany and the C. I. 0., to remain in force until March 29, 1942. On
March 27, 1942, this agreement was extended until June 29, 1942.
The C. I. O. assigns as the reason why a more permanent agreement
was not executed, the Company's preoccupation with a fire which
had broken out in the plant at the time negotiations were in prog-
ress . On May 8, 1942, the A. F. of L. notified the Company by tele
ST. LOUIS STEEL PRODUCTS COMPANY 1263
phone, and on May 9, 1942, by letter, that it represented a substantial
majority of the Company's employees and, therefore, was entitled
to recognition. On May 12, 1942, another contract was signed by
the Company and the C. I. 0., to continue until May 12, 1943. Since
the current agreement between the Company and the C. 1. O. was
concluded during the pendency of this proceeding and in the face
of conflicting claims of the A. F. of L., we find that it does not
constitute a bar to a present determination of representatives.
A statement of the Regional Director introduced in evidence at
the hearing indicates that the A. F. of L. 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 the 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 parties are agreed upon the appropriate unit except as to the
inclusion or exclusion of the Company's three watchmen. The A. F.
of L. seeks their inclusion, while the C. I. O. seeks their exclusion.
The Company takes no position. The eligibility rules of the C. I. O.
exclude deputized watchmen, carrying guns, from membership. At
the hearing the Company indicated its intention to comply promptly
with the Federal Government's regulation that the watchmen be
deputized and bear arms. We shall exclude the watchmen. We find,
in accordance with the stipulation of the parties and the foregoing
conclusion concerning watchmen, that all production and maintenance
employees of the Company excluding supervisory 2 and office em-
ployees 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 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 of Election.
i The Regional Director reported that the A. F. of L. submitted 252 authorization cards,
of which 233 bore names listed on the May 8, 1942 , pay roll , which contained a total
of 448 employees All the 233 cards bole apparently genuine signatures and were dated
between April 25 and May 1, 1942, with the exception of 4 dated in May and April,
but giving no year
2 The Company 's supervisors were enumerated during the hearing and are as follows :
Mr Meyer, Mr . Kearns, Mr Gust , Mr. Carlow , Mr. Wright, Mr. Bacowski , Mr. Janus,
and Mr. Pristi.
1264 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Inasmuch as the C. I. O. has changed its name from Steel Workers
Organizing Committee to United - Steelworkers of America, we
shall direct that the C. I. O. appear upon the ballot by the latter
designation. Any objection to such designation must be filed with
the Regional Director within 5 days of the date of the Direction of
Election.
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 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 purpose of collective bargaining with St. Louis Steel
Products Company, 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 Fourteenth Region, acting in 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 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 in the active military service or training of the United States,
or temporarily laid off, but excluding any who have since quit or
been discharged for cause, to determine whether they desire to be
represented by American Federation of Labor and its Affiliated
International Unions or by United Steelworkers of America, affiliated
with the Congress of Industrial Organizations, for the purposes of
collective bargaining, or by neither. -
A