Taylor & Gaskin, Inc.

National Labor Relations Board - Board Decisions

Dec 30, 1941

37 N.L.R.B. 1024 (N.L.R.B. 1941)

In the Matter of TAYLOR & GASECIN, INC., and INTERNATIONAL Asso-
CIATION OF BRIDGE, STRUCTURAL & ORNAMENTAL IRON WORKERS
(A. F. L.)
In the Matter of TAYLOR & GASKIN, INC., and LOCAL 212, INTERNA-
TIONAL UNION, UNITED AUTOIIOBILE, AIRCRAFT & AGRICULTURAL
IMPLEMENT WORKERS OF AMERICA (C. I. 0.)
Cases Nos. R-3338 and R-3339, respectively-Decided December
30, 1941
Jurisdiction : steel products fabricating industry.
Investigation and Certification of Representatives : existence of question : parties
stipulated that Company refused to recognize either of two rival representa-
tives until one or the other is certified by the Board ; election necessary.
Unit Appropriate for Collective Bargaining : all production and maintenance
employees, excluding truck drivers, office and clerical help, foremen, assistant
foremen, all supervisory officials, and all outside erectors ; stipulation as to.
Brownson, Murray d Marco, by lllr. Paul Marco, of Detroit, Mich.,
for the Company.
Mr. Samuel P. Tobin, of Detroit, Mich., for the Association.
Messrs. Jack Methard, Joseph Ferris, and J. J. Mlleurphy, of Detroit,
Mich., for the Union.
Mr. Raymond J. Heiiiman, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On August 20, 1941, International Association of Bridge, Structural
& Ornamental Iron Workers, affiliated with the American Federation
of Labor, herein called the Association, filed with the Regional
Director for the Seventh Region (Detroit, Michigan) a petition
alleging that.a question affecting commerce had arisen concerning
the representation of employees of Taylor & Gaskin, Inc., Detroit,
Michigan, herein called the Company, and requesting an investigation
37 N. L. R. B., No. 177.
1024
TAYLOR & GASIKIN, INC. 1025
and certification of representatives pursuant to Section 9 (c) of the
National Labor Relations Act, 49 Stat. 449, herein called the Act.
On October 1, 1941, Local 212, International Union, United Auto-
mobile, Aircraft & Agricultural Implement Workers of America,
affiliated with the Congress of Industrial Organizations, herein called
the U. A. W., filed a similar petition. On November 10, 1941, the
National Labor Relations Board, herein called the Board, acting pur-
suant to Section 9 (c) of the Act and Article III, Section 3, of Na-
tional Labor Relations Board Rules and Regulations-Series 2, as
amended, ordered an investigation in each case and authorized the
Regional Director to conduct it and to provide for an appropriate
hearing upon due notice and, acting pursuant to Article III, Section
10 (c) (2), of said Rules and Regulations, further ordered that the
aforesaid two cases be consolidated.
On November 21, 1941, the Regional Director issued a notice of
hearing, copies of which were duly served upon the Company, the
Association, and the U. A. W. Pursuant to notice, a hearing was held
on November 27, 1941, at Detroit, Michigan, before Harry N. Cassel-
man, the Trial Examiner duly designated by the Chief Trial Exam-
iner. The Company, the Association, and the U. A. W. were repre-
sented and participated in the hearing. Full opportunity to be heard,
to examine 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 rulings with respect to the
admission of evidence. The Board has reviewed the rulings of the
Trial Examiner and finds that no prejudicial error was 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
Taylor & Gaskin, Inc., is a Michigan corporation. It is engaged
in the fabrication and erection of steel products and maintains a
plant at Detroit, Michigan. During the period from January 1,
1941, through August 31, 1941, it purchased a variety of- raw mate-
rials, valued at approximately $638,809, over 60 percent of which
was purchased from sources outside the State of Michigan. Dur-
ing the same period, its receipts from sales of fabricated steel prod-
ucts exceeded $1,000,000, of which approximately 20 percent was
received from sales of products shipped to points outside the State
of Michigan. The Company admits that it is engaged in commerce
within the meaning of the Act.
1026 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
H. THE ORGANIZATIONS INVOLVED
International Association of Bridge, Structural & Ornamental Iron
Workers is a labor organization affiliated with the American Federa-
tion of Labor, admitting to membership employees of the Company.
Local 212, International Union, United Automobile, Aircraft &
Agricultural Implement Workers 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
The parties stipulated at the hearing that a question concerning
representation had arisen in that the Association and the Union
each had requested that the Company recognize it as the exclusive
representative of the Company's employees for the purposes of
collective bargaining, and that the Company had refused to recog-
nize either organization or any other as such representative without
its having been certified by the Board as such representative. A
statement of the Regional Director, introduced into evidence at the
hearing, shows that the Association and the Union each represents
a substantial number of employees in the unit herein found to be
appropriate.'
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 de-
scribed in Section I,, above, has a close, intimate, and substantial rela-
tion to trade, traffic, and commerce among the several States and tends
to lead to labor disputes burdening and obstructing commerce and
the free flow of commerce.
V. THE APPROPRIATE UNIT
The Company, the Association, and the Union stipulated at the
hearing, and we find, that all production and maintenance employees
'The Regional Director reported: (1) that the Association submitted to him 30 signed
application cards for membership , of which 21 were dated between July 1, 1941, and
October 1 , 1941 , and 9 were undated , bearing the names of persons who appeared on the
Company's pay roll of September 25, 1941 ; and (2) that the U. A w submitted to him 16
"Application for Membership " forms and 13 "Application for Reinstatement" forms for
membership and reinstatement of membership , respectively, all bearing signatures of persons
whose names appeared on the Company ' s pay roll of September 25, 1941, and that of these
29 forms, 14 were dated between April 1, 1941 , and July 1, 1941 , 2 bore dates in April
1939, and 1 bore a date in July 1937 At the hearing, a witness for the Company testified
that there were approximately 69 employees in the alleged appropriate unit
TAYLOR & GASKIN, INC. '1027
of the Company, excluding truck drivers, office and clerical help,
foremen, assistant foremen, all supervisory officials, and all outside
erectors, constitute a unit appropriate for the purposes of collective
bargaining. We find further 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 will effectuate the purposes of
the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
We find that the question which has arisen concerning the repre-
sentation of employees of the Company can best be resolved by an
election by secret ballot. The Union requests that eligibility to vote
be determined on the basis of the pay roll of the Company last pre-
ceding August 1, 1941, in order to include certain employees discharged
since that date. It stipulated, however, that employees discharged for
cause should not be eligible to vote and it has not filed charges with
the Board concerning any employee. Following our usual practice,
we shall direct that the employees of the Company eligible to vote in
the election shall be those who were employed by the Company during
the pay-roll period immediately preceding the date of this Direction
of Election, subject to the limitations and additions hereinafter set
forth in the Direction.
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 Taylor & Gaskin, Inc., within the meaning of
Section 9 (c) and Section 2 (6) and (7) of the National Labor
Relations Act.
2. All production and maintenance employees of the Company,
excluding truck drivers, office and clerical help, foremen, assistant
foremen, all supervisory officials, and all outside erectors, constitute
a unit appropriate for the purposes of collective bargaining, within
the meaning of Section 9 (b) of the National Labor Relations Act.
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, 49 Stat. 449, and pursuant to Article III, Section 8, of
National Labor Relations Board Rules and Regulations-Series 2, as
amended, it is hereby
1028 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
DIRECTED that, as part of the investigation authorized by the Board
to ascertain representatives for the purposes of collective bargaining
with Taylor & Gaskin, Inc., Detroit, Michigan, 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 Seventh
Region, acting in this matter as agent for the National Labor Relations
Board, and subject to Article III, Section 9, of said Rules and Regu-
lations, among all employees of the Company who were employed by
the Company during the pay-roll period immediately preceding the
date of this Direction, including employees who did not work during
such 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 truck drivers , office and clerical help, foremen,
assistant foremen, all supervisory officials, and all outside erectors and
employees who have since quit or been discharged for cause, to deter-
mine whether they desire to be represented by International Associa-
tion of Bridge, Structural & Ornamental Iron Workers , affiliated with
the American Federation of Labor, or by Local 212 , International
Union, United Automobile, Aircraft & Agricultural Implement
Workers of America, affiliated with the Congress of Industrial Organi-
zations, for the purposes of collective bargaining , or by neither.
Mr. GERARD D. RFSr.LY took no part in the consideration of the above
Decision and Direction of Election.