The Union Asbestos and Rubber Co.

National Labor Relations Board - Board Decisions

May 20, 1941

31 N.L.R.B. 987 (N.L.R.B. 1941)

In the Matter of EQUIPMENT STEEL PRODUCTS DIVISION OF THE UNION
ASBESTOS AND RUBBER COMPANY and LOCAL UNION 2350, STEEL
WORKERS ORGANIZING COMMITTEE, AFFILIATED WITH THE C. I. 0.
Case No. R 2.491.Decided May 09, 1941
Jurisdiction : sheet metal fabricating and galvanizing industry.
Investigation and Certification of Representatives: existence of question: re-
fusal to accord union recognition; contract with rival union entered into after
notice of petitioner's claim to representation and after filing of petition, no bar
to ; election necessary.
Unit Appropriate for Collective Bargaining : all employees at one of two divi-
sions of the Company, exclusive of supervisory, office, and clerical employees ;
agreement as to.
Mr. L. J. Silverman, of Chicago, Ill., for the Company.
Mr. John J. Brownlee, of Chicago, Ill., and Mr. Raymond Sarocco,
of Harvey, Ill., for the S. W. 0. C.
Siegal, Charles & Sey f arth, by Mr. Richard B. Sey f arth and Mr.
Irving J. Siegal, of Chicago, Ill., for the B. I. L,U.
Mr. William H. Bartley, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On March 15, 1941, Local Union 2350, Steel Workers Organizing
Committee, affiliated with the C. I. 0.,1 herein called the S. W. 0. C.,
filed with the Regional Director for the Thirteenth Region (Chicago,
Illinois) a petition alleging that a question affecting commerce had
arisen concerning the representation of employees of the Equipment
Steel Products Division of the Union Asbestos and Rubber Com-
pany,' Blue Island, Illinois, herein called the Company, and request-
' The petition was filed,by the Steel Workers Organizing Committee, affiliated with the
C. I 0 During the hearing the petitioner moved to amend the petition to correct the name
of the petitioner to read as indicated above, stating that the Local had received its charter
after the petition had been filed. The Blue Island Industrial Union objected to the motion
and the Trial Examiner reserved ruling for the Board The motion is hereby granted.
z Erroneously named in the petition as Equipment Steel Products Company, Division of
the Union Asbestos and Rubber Company, but corrected d'ui ing the healing
31N.L R B, No 163. 1
987
988 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
jug 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 April 9, 1941, the National Labor Rela-
tions Board, herein called the Board, acting pursuant to Section 9 (c)
of the Act and Article III, Section 3, of National Labor Relations
Board Rules and Regulations-Series 2, as amended, ordered an in-
vestigation and authorized the Regional Director to conduct it and to
provide for an appropriate hearing upon due notice.
On April 14, 1941; the Regional Director issued a notice of hearing
copies of which were duly served upon the, Company, the S.: W:'-O: C.
and the Blue Island Industrial Union, herein called B. I. I. U., a
labor organization claiming to represent employees directly affected
by the investigation. Pursuant to notice, a hearing was held on
April 23, 1941, at Chicago, Illinois, before Charles F. McErlean,
the Trial Examiner duly designated by the Chief Trial Examiner.
The Company, the S. W. O. C. and the B. I. I. U. were represented
.by counsel; all participated in the hearing. Full opportunity to be
heard, to examine and cross-examine witnesses and to introduce evi-
dence bearing on the issues was afforded all parties.
At the close of the hearing, the B. I. I. U. moved to dismiss the
petition of the S. W. O. C. because of the existence of an exclusive
bargaining contract between B. I. I. U. and the Company. The Trial
Examiner reserved ruling for the Board. The motion is hereby de-
nied for the reasons stated in Section III, below. During the course
of the hearing the Trial Examiner made rulings on other motions and
on objections to the admission of evidence. The Board has reviewed
the 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 Union Asbestos and Rubber Company is an Illinois corpora-
tion with plants in Cicero, Illinois, and Paterson, New Jersey, and
divisions in Chicago, Illinois; and Blue Island, Illinois. At the
Equipment Steel Products Division in Blue Island, Illinois, the di-
vision with which we are here concerned, the Company manufactures
and sells insulating and friction materials, sells railroad equipment,
and engages in the business of sheet metal fabricating and galvaniz-
ing. The Company uses sheet steel bars and angles in the course of
its production, expending approximately •$400,000 per year for such
materials. , Most of these materials are purchased outside the State
of Illinois. The Company sells approximately $750,000 worth of
EQUIPMENT STEEL PRODUCTS DIVISION 989
products per year, 95 per cent of which are ordered by customers
within the State'of Illinois. Approximately 50 per cent of these.
orders are shipped to points outside the State of Illinois at the re-
quest of the customers. The Company admits that it is engaged in
interstate commerce within the meaning of the Act.
II. THE ORGANIZATIONS INVOLVED
Local Union 2350, Steel Workers Organizing Committee, is a labor
organization affiliated with the Congress of Industrial Organizations.
It admits to membership employees of the Company.
Blue Island Industrial Union is an unaffiliated labor organization
admitting to membership employees of the Company' s,Blue ' Island,
Illinois division.
III. THE QUESTION CONCERNING REPRESENTATION
On March 14, 1941, the S. W. O. C. requested that the Company
recognize, it as the exclusive bargaining representative of its employ-
ees. The Company refused because of an existing exclusive bargain-
ing contract with the B. I. I. U., entered into on April 1, 1940. On
March 15. 1941, the S. W. O. C. filed its petition for an election. On
April 1, 1941, the Company and the B. I. I. U. entered into a new
one-year exclusive bargaining contract covering wages, hours, and
other'working conditions. The contract so executed by the Company
and the B. I. I. U. affords no reason for not making a determination
of representatives at this time. It was executed after the S. W. O. C.
had informed the Company of its claim to represent a majority of
the employees and after the filing of the petition. Under such cir-
cumstances the contract is no bar to a determination of represen-
tatives.$
A statement by the Regional Director, introduced at the hearing,
shows that the S. W. O. C. and the B. I. I. U. each represent a sub-
stantial number of the employees in the unit alleged by them to be
appropriate.4
We find that a question has arisen concerning, the representation of
employees of the Company.
8 Matter of Wilmington Transportation Company and Inland Boatmen's Union of the
Pacific, San Pedro Division, 4 N. L. R. B 750 ; and Matter of Standard Cap and Seal Com-
pany and Lodge 304, International Association of Machinists , 10 N. L. R . B. 466.
4 The Regional Director 's statement shows that the S W. O. C . has presented to him
signed application cards of 47 employees whose names were on the Company pay, roll of
March 31, 1941, all of which were dated in February , March , and April of 1941. The
statement also shows that the B . I. I. U. has presented to him a membership pledge list
dated March 19, 1941, and bearing the signatures of 65 employees whose names were on the
pay roll of March 31 There are approximately 123 employees in the alleged appropriate
unit.
990 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATIONzUPON
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 rela-
tion to trade, traffic and commerce among the several States and tends
to lead to labor disputes burdening and obstructing commerce Ind the
free flow of commerce.
V. THE APPROPRIATE UNIT
The Company, the S. W. 0. C., and the B. I. I. U. agreed at the
hearing, and we find, that all employees of the Company at Blue
,Island, Illinois, exclusive of supervisory, office, and clerical employees,
constitute a unit appropriate for the purposes of collective bargain-
ing. We find further that said unit will insure to the, 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
We find that the question concerning representation which has arisen
can best be resolved by an election by secret ballot.
The S. W. 0. C. and the B. I. I. U. ask that the pay roll of April 17,
1941, the pay roll nearest the date of the hearing, be used to determine
eligibility to vote in an election. There was no reason given by either
party for choosing this pay-roll date. The Company took no posi-
tion as to the pay-roll date. Under all the circunistances, we shall,
in accordance with our usual practice, direct that the employees of
the Company eligible to vote in the election shall be those in the appro-
priate unit who were employed during the pay-roll period immediately
preceding the date of the Direction of Election herein, subject to such
limitations and additions as are set forth in the Direction of Election.
Upon the basis of the above finding 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 Equipment Steel Products Division of the
Union Asbestos and Rubber Company, Blue Island, Illinois , within
the meaning of Section 9 (c) and Section 2 (6) and (7) of the National
Labor Relations Act. I :
2. All employees of the Company at Blue Island , Illinois, excluding
supervisory , office and clerical employees . constitute a unit appropriate
EQUIPMENT STEEL PRODUCTS DIVISION 991
for the purposes of collective barganing, 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 Relations 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 authorized by the Board
to ascertain representatives for the purposes of collective bargaining
with Equipment Steel Products Division of the Union Asbestos and
Rubber Company, Blue Island, Illinois, an election by secret ballot
shall be conducted as early as possible, but not later than thirty (ou)
days from the date of the Direction, ur.d-r the direction and super-
vision of the Regional Director for the Thirteenth Region, acting in
this matter as agent for the National Labor Relations Board and sub-
ject to Article III, Section 9 of said Rules and Regulations, among
all employees of Equipment Steel Products Division of the Union
Asbestos and Rubber Company, whose names appear on the Com-
pany's pay roll for the period immediately preceding the date of this
Direction of Election, including any 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 tem-
porarily laid off, but excluding supervisory, office and clerical em-
ployees and employees who have since quit or been discharged for
cause, to determine whether they desire to be represented by Local
Union 2350, Steel Workers Organizing-Committee, affiliated with the
C. I. 0., or the Blue Island Industrial Union, for the purposes of
collective bargaining, or by neither.