Superior Sheet Metal Works

National Labor Relations Board - Board Decisions

Jan 11, 1939

10 N.L.R.B. 1101 (N.L.R.B. 1939)

In the Matter Of SUPERIOR SHEET METAL WORKS and LOCAL 2032'
STEEL WORKERS ORGANIZING COMMITTEE AFFILIATED WITH THE
C. I. O.
Case No. R-1095.Decided January 11, 1939
Metal Products Manufacturing Industry-Investigation of Representatives:
controversy concerning representation of employees : rival organizations ; refusal
of employer to recognize either union until representation determined by
Board-Unit Appropriate for Collective Bargaining: all production and main-
tenance employees , excluding clerical and supervisory employees; no objections
by Company or rival organization to appropriateness of unit claimed by peti-
tioning organization-Election Ordered: name of rival organization omitted from,
ballot at its request.
Mr. Walter B. Chelf, for the Board.
Willson d Willson, by Mr. Harold W. Jones, of Indianapolis, Ind.,
for the Company.
Mr. James Robb, of Indianapolis, Ind., for the S. W. O. C.
Mr. John Nowling, of Indianapolis, Ind., for the Association.
Mr. Arnold R. Cutler, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On July 27, 1938, Local 2032 Steel Workers Organizing Committee,
affiliated with the C. I. 0., herein called the S. W. O. C., filed with the
Regional Director for the Eleventh Region (Indianapolis, Indiana)
a petition alleging that a question affecting commerce had arisen
concerning the representation of employees of Superior Sheet Metal
Works, Indianapolis, Indiana, herein called the Company, and request-
ing an investigation and certification of representatives pursuant to
Section 9 (c) of the National Labor Relations Act, 49 Stat. 449,
herein called the Act. On September 29, 1938, 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 Rela-
tions Board Rules and Regulations-Series 1, as amended, ordered an
investigation and authorized the Regional Director to conduct it and
to provide for an appropriate hearing upon due notice.
10. N. L. R. B., No. 99. 1101
1102 NATIONAL LABOR RELATIONS BOARD
On October 5, 1938, the Regional Director issued a notice of hear-
ing, copies of which were duly served upon the Company, upon the
S. W. O. C., and upon The Employees Association of The Superior
Sheet Metal Works, herein called the Association, a labor organiza-
tion claiming to represent employees directly affected by the in-
vestigation. On October 20, 1938, pursuant to motion for postpone-
ment filed by the Company with the Regional Director, the Regional
Director issued a notice of postponement of hearing, copies of which
were duly served upon the parties. Pursuant to the notices, a hear-
ing was held on October 22, 1938, at Indianapolis, Indiana, before
Horace A. Ruckel, the Trial Examiner duly designated by the Board.
At the commencement of the hearing the Trial Examiner granted a
motion of the Association that it be permitted to intervene. The
Board and the Company were represented by counsel, the S. W. O. C.
and the Association were represented by their representatives, and all
participated in the hearing. Full opportunity to be heard, to ex-
amine and cross-examine witnesses, and to introduce evidence bearing
on the issues was afforded all parties. During the course of the
hearing the Trial Examiner made several rulings on motions and on
objections to the admission of evidence. At the close of the hearing
the representative of the Association moved to withdraw the inter-
vention of the Association, stating that such withdrawal was for the
purpose of permitting the employees of the Company in the appro-
priate unit to determine at an election whether or not they desire to
be represented by the S. W. O. C. for the purpose of collective bar-
gaining. The motion was granted by the Trial Examiner. The
Board has reviewed the various rulings of the Trial Examiner and
finds that no prejudicial errors were committed. The rulings are
hereby affirmed.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
The Company, an Indiana corporation, with its principal office
and place of business at Indianapolis, Indiana, is engaged in the
production and sale of cream separators, mail boxes, and other
similar articles. During the year 1937, the Company used raw
materials amounting to approximately $115,000, and sold about
$190,000 worth of finished products. All of the raw materials were
obtained from outside the State of Indiana and approximately 95
per cent of the finished products were shipped outside the State of
Indiana.
1 This is the correct name as it appears from the Articles of the Association, Intervenor
Exhibit No. 3.
DECISIONS AND ORDERS
II. THE ORGANIZATIONS INVOLVED
1103
Local 2032 Steel Workers Organizing Committee is a labor organi-
-,zation affiliated with the Committee for Industrial Organization,
-admitting to its membership production and maintenance employees
of the Company, exclusive of clerical and supervisory employees.
The Employees Association of The Superior Sheet Metal Works
is an unaffiliated organization. It admits to membership production
employees of the Company, exclusive of clerical and supervisory
employees.
III. THE QUESTION CONCERNING REPRESENTATION
Prior to the termination on August 1, 1938, of an agreement be-
tween the Company and the S. W. O. C., the S. W. O. C. began
negotiations with the Company for a new agreement. During these
negotiations the Association was organized. Thereafter, the Asso-
ciation informed the Company that it represented a majority of the
employees in an appropriate unit and requested the Company to
negotiate with it regarding a contract. At a meeting of the Company
and the S. W. O. C., held on July 25, 1938, the Company apprised
the S. W. O. C. of the claims made by the Association and stated
that it would not negotiate a contract with the S. W. O. C. until it
had been determined which labor organization represented a majority
,of the employees of the Company in an appropriate unit. Accord-
ingly the S. W. O. C. filed on July 27, 1938, its petition for an
investigation and certification of representatives.
We find that a question has arisen concerning the representation
of employees of the Company.
IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON
COMMERCE
We find that the question concerning representation which has
arisen, occurring in connection with the operations of the Company
described in Section I above, has a close, intimate, and substantial
relation to trade, traffic, and commerce among the several States, and
tends to lead to labor disputes burdening and obstructing commerce
nand the free flow of commerce.
V. THE APPROPRIATE UNIT
At the hearing the S. W. O. C. stated that all the production and
maintenance employees of the Company, excluding clerical and super-
visory employees, constitute a unit appropriate for collective bar-
gaining. Neither the Association nor the Company objected to the
appropriateness of such a unit.
1104 NATIONAL LABOR RELATIONS BOARD
We find that all the production and maintenance employees of the
Company, excluding clerical and supervisory employees, constitute
a unit appropriate for the purposes of collective bargaining and
that said unit will insure to employees of the Company the full
benefit of their right to self-organization and to collective bargaining
and otherwise effectuate the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
At the hearing, a list of the Company's production and mainte-
nance employees as of July 22 and 29, 1938, was introduced in evi-
dence.2 All the parties agreed that in the event of an election the
employees whose names appeared on this list, 34 in number, should
be eligible to vote. The S. W. O. C. submitted in evidence a list of
21 persons who were alleged to be members of the S. W. O. C. and
the Association introduced in evidence 30 membership application
cards, signed between October 4 and 13, 1938. The names of 4 persons
appear on the employee list of the Company, the S. W. O. C. member-
ship list, and the Association application cards; the names of 13 per-
sons appear only upon the employee list of the Company and the
S. W. O. C. membership list; and the names of 15 persons appear
only upon the employee list of the Company and the Association
application cards.
Under the circumsttinces, we find that the question which has arisen
concerning the representation of employees can best be resolved by
the holding of an election by secret ballot. Since the Association has
indicated that it does not desire its name to appear upon the ballot,
the employees within the appropriate unit shall vote to determine
whether or not they desire to be represented by the S. W. O. C.
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following:
CONCLUSIONS OF LAW
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of Superior Sheet Metal Works, Indianapolis,
Indiana.
2. All the production and maintenance employees of the Company,
excluding clerical and supervisory employees, constitute a unit appro-
priate for the purposes of collective bargaining within the meaning
of Section 9 (b) of the National Labor Relations Act.
2 It appears that clerical and supervisory employees were excluded from this list.
DECISIONS AND ORDERS
DIRECTION OF ELECTION
1105
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 8, of National
Labor Relations Board Rules and Regulations-Series 1, as amended,
it is hereby
DIRECTED that, as part of the investigation ordered by the Board
to ascertain representatives for the purposes of collective bargain-
ing with Superior Sheet Metal Works, Indianapolis, Indiana, an elec-
tion by secret ballot shall be conducted within fifteen (15) days from
the date of this Direction, under the direction and supervision of the
Regional Director for the Eleventh 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 all the produc-
tion and maintenance employees of the Company who were employed
by the Company as of July 22 and 29, 1938, excluding clerical and
supervisory employees and those employees who have since quit
or been discharged for cause, to determine whether or not they
desire to be represented by Local 2032 Steel Workers Organizing
Committee, affiliated with the. Committee for Industrial Organiza-
tion, for the purposes of collective bargaining.