The Massillon Aluminum Co.

National Labor Relations Board - Board Decisions

Dec 14, 1942

45 N.L.R.B. 1310 (N.L.R.B. 1942)

In the Matter of THE MASSILLON ALUMINUM Co. and UNITED STEEL-
WORKERS OF AMERICA, C. I. O.
Case No. B-4,577.-Decided December 14,1942
Jurisdiction : steel and aluminum products manufacturing industry.
Investigation and Certification of Representatives : existence of question: - re-
fusal to accord recognition unless union certified by the Board ; election
necessary.
Unit Appropriate for Collective Bargaining : all production and maintenance
employees, excluding foremen, assistant foremen, supervisors in charge of any
class of labor, policemen, watchmen, and clerical and salaried employees ;
agreement as to.
Mr. Donald K. Merwin and Mr. J. J. Harding, of Massillon, Ohio,
for the Company.
Mr. Claude Cooled, of Canton, Ohio, and Mr. Laurence Larkin, of
Massillon, Ohio, for the Union.
Mr. Joseph E. Gubbins, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by United Steelworkers of America, affili-
ated with the Congress of Industrial Organizations; herein- called
the Union, alleging that a question affecting commerce,, had arisen
concerning the representation of employees of The Massillon Alumi-
num Co., Massillon, Ohio, herein called the Company,' the National
Labor Relations Board provided for an appropriate hearing upon
due notice before Max Johnstone, Trial Examiner. Said hearing
was held at Massillon, Ohio, on November 23, 1942. The Company
and-the Union appeared,2 participated, and were afforded full oppor-
tunity to be heard, to examine and cross-examine witnesses, and to
introduce evidence bearing upon the issues. The Trial Examiner's
The name of the Company was erroneously designated as "Massillon Aluminum Com-
pany" in the petition and some of the formal papers, all of which 'were corrected by
amendment at the hearing
2 American Federation of Labor was served with notice of the hearing but did not appear.
45 N. L. R. 'B., No. 182.
1310
THE -MASSILLON ALUMINUM CO. 1311
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. THI7-BUSINESS-OF THE COMPANY
The Massillon Aluminum Co. is an Ohio corporation with its plant
at Massillon, Ohio, where it is engaged in the manufacture of steel
and aluminum products. During 1941 the Company purchased raw
materials, namely, steel and aluminum, valued at approximately $200,-
000, 25 percent of- which was shipped to it from points outside the
State of Ohio. During this same period, the Company sold finished
products valued at approximately $500,000, 75 percent of which was
shipped by it to points outside of the State of Ohio.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
IT. THE ORGANIZATION INVOLVED
United Steelworkers of America, affiliated with the Congress of
Industrial Organizations, is a labor organization admitting employee,-,
of the Company to membership.
III. THE QUESTION CONCERNING REPRESENTATION
The parties stipulated that a question concerning representation had
arisen because of the Company's refusal to grant exclusive bargaining
rights to the Union unless and until the Union is certified by the Board.
A statement of the Regional Director, introduced in evidence at
the hearing, indicates the Union represents a substantial number of
employees in the Knit hereinafter' found to be appropriate.3.
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 National Labor Rela-
tions Act.
IV. THE APPROPRIATE UNIT
The parties agree, and we find; that all production and maintenance
employees, excluding foremen, assistant foremen, supervisors in charge
3 The Regional Director ' s statement shows that the Union submitted 111 application-
for,-,membership , cards , of nhich 105 bear , apparently , original signatures while the remain-
ing 6 cards bear printed ' signatures ; 63 of these cards bear the names of persons '*hose
names are on the Company 's pay roll of October 31, 1942 There are approximately 104
employees in the appropriate unit.
1312 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
^of any class of labor, policemen, watchmen, and clerical, and salaried
employees, constitute a unit appropriate for the purpose of collective
bargaining within the meaning of Section 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
We find that,Athe.,question concerning representation _which has.
arisen can best be resolved by an election by secret ballot. We shall
direct, in accordance with a stipulation of the parties, that the em-
ployees of the Company eligible to vote in the election shall be those
in the appropriate unit who were employed during the pay-roll period
ending October 31, 1942, subject to the limitations and additions set
forth in the Direction of Election herein.
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 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 purposes of collective bargaining with The Massillon Alu-
minum Co., Massillon, Ohio, an election by secret ballot shall be con-
ducted as early as possible, but not later than thirty (30) days from
the date of this Direction, under the direction and supervision of the
Regional Director for the Eighth 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 the employees
of the Company in the unit found appropriate in Section IV, above,
who were employed during the p y-roll period ending October 31, 1942,
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 de-
termine whether or not they desire to be represented by United Steel-
workers of America, affiliated with the C. I. 0., for the purposes of
collective bargaining.