Truscon Steel Co.

National Labor Relations Board - Board Decisions

May 14, 1942

40 N.L.R.B. 1398 (N.L.R.B. 1942)

In the Matter of TRUSCON STEEL COMPANY, BUILDING PRODUCTS Divi-
SION WAREHOUSE, BUFFALO, NEW YORK and INTERNATIONAL ASSOCI-
ATION OF BRIDGE, STRUCTURAL AND ORNAMENTAL IRON WORKERS,
LOCAL No. 576
Case No. R-3802. -Decided May 14, 1942
Investigation and Certification of Representatives : stipulation for certification
upon pay-roll check.
Mr. Henry J. Winters, for the Board.
Mr. Thomas F. Patton, of Buffalo, N. Y., for the Company.
Mr. George E. Mintzer, of Buffalo, N. Y., for the Union.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
CERTIFICATION OE REPRESENTATIVES
STATEMENT OF THE CASE
Upon petition duly filed by International Association of Bridge,
Structural and Ornamental Iron Workers, Local No. 576, herein
called the Union, alleging that a question affecting commerce had
arisen concerning the representation of employees at the Building
Products Division Warehouse of Truscon Steel Company,' herein
called the Company, engaged in the business of fabricating concrete
bars at Buffalo, New York, the National Labor Relations Board pro-
vided for an appropriate hearing upon due notice.
On April 21, 1942; before a hearing was held, the Company, the
Union, and the Regional Director for the Third Region (Buffalo,
New York) entered into a "STIPULATION FOR CERTIFICA-
TION UPON PAY-ROLL CHECK."
Pursuant to the stipulation, a pay-roll check by comparison of
union membership records with the pay roll of the Company of
April 16, 1942, was made under the supervision of the Regional
Director to determine the number of production and maintenance em-
ployees at the Building Products -Division Warehouse of the Com-
pany, excluding executives, foremen, assistant foremen, supervisors in
40 N. L. It. B., No. 249.
1398
TRUSCON STEEL COMPANY 1399'
charge of any class of labor, draftsmen , timekeepers , first-aid men and
nurses, watchmen , and office, clerical , and salaried employees, who
had designated the Union as their bargaining agency.
On April 27, 1942, the Regional Director , acting pursuant to the
stipulation , issued and duly served upon the parties a "PAY-ROLL,
CHECK REPORT ." No objections to such report have been filed
by any of the parties.
In his report the Regional Director reported that the comparison
of the union , membership records with the pay roll of the Company
showed that 21 out of 26 eligible employees had authorized the Union,
,to represent them for the purposes of collective bargaining with
the Company with respect to rates of pay, wages , hours of employ-
ment, and other conditions of employment.
Upon the basis of the stipulation , the Pay-roll Check Report and
the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. A question affecting commerce has arisen concerning the repre-
sentation of employees at the Building Products Division Warehouse
of Truscon Steel Company, Buffalo, New York, 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 at the Building
Products Division Warehouse of the Company, excluding executives,
foremen, assistant foremen, supervisors in charge of any class of
labor , draftsmen, timekeepers , first-aid men and nurses , watchmen,
and office , clerical , and salaried 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.
3. International Association of Bridge , Structural and Ornamental
Iron Workers, Local No. 576, has been designated and 'selected by
a majority of the employees in the unit set out in paragraph 2 above,
as their representative for the purposes of collective bargaining
and is the exclusive representative of all employees in said unit,
within the meaning of Section 9 (a) of the National Labor Relations
Act.
CERTIFICATION OF REPRESENTATIVES
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,
IT IS HEREBY CERTIFIED that International Association of Bridge,
Structural and Ornamental Iron Workers, Local No. 576 , has been
designated and selected by a majority of all production and main-
1400 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
tenance employees at the Building Products Division Warehouse of
'Truscon Steel Company, Buffalo, New York, excluding executives,
foremen, assistant foremen, supervisors in charge of any class of
labor, draftsmen, timekeepers, first-aid men and nurses, watchmen,
and office, clerical, and salaried employees, as their representative for,
the purposes of collective bargaining, and, that pursuant to provisions
of Section 9` (a) of the Act, International Association of Bridge,
Structural and Ornamental Iron Workers, Local No. 576, is the
exclusive representative of all such employees for the purposes of
collective bargaining in respect to rates of pay, wages, hours of
.employment, and other conditions of employment.