Truscon Steel Co.

National Labor Relations Board - Board Decisions

Jul 3, 1945

62 N.L.R.B. 1108 (N.L.R.B. 1945)

In the Matter of TRUSCON STEEL COMPANY, SCREEN DIVISION, CANTON,
OHIO and UNITED STEELWORKERS OF AMERICA, CIO
Case No. 8-R-1802.-Decided July 3, 1945
Mr. George R. Rauschenberg, of Cleveland, Ohio, for the Company.
Mr. Lawrence Larkin, of Canton, Ohio, for the C. I. O.
Mr. S. P. Tobin, of Detroit, Mich., and Mr. J. R. Downes, of Canton,
Ohio, for Local 662.
Mr. Harold M. Humphreys, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by United Steelworkers of America, CIO,
herein called the CIO, alleging that a question affecting commerce had
arisen concerning the representation of employees of Truscon Steel Com-
pany, Screen Division, Canton, Ohio, herein called the Company, the Na-
tional Labor Relations Board provided for an appropriate hearing upon
due notice before Arthur Stark, Trial Examiner. Said hearing was held
at Canton, Ohio, on May 4, 1945. The Company, the CIO, and the Inter-
national Association of Bridge, Structural and Ornamental Iron Workers,
Local 662, AFL, herein called Local 662, appeared and participated. All
parties were afforded full opportunity to be heard, to examine and cross-
examine witnesses, and to introduce evidence bearing on the issues. The
Trial Examiner's rulings made at the hearing are free from prejudicial
error and are hereby affirmed. All parties were afforded an opportunity
to file briefs with the Board.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Truscon Steel Companycis a Michigan corporation with principal execu-
tive offices located at Youngstown, Ohio. We are herein concerned with its
62 N. L R B., No. 139.
1108
TRUSCON STEEL COMPANY 1109
Screen Division, located at Canton, Ohio, where it is engaged in the fabri-
cation of metal screens. The principal raw materials used by the Screen
Division are bronze cloth, steel, and wire During the past year a substantial
amount of such materials was purchased from points outside the State of
Ohio, and for the same period a substantial amount of the Screen Divi-
sion's finished products was shipped to points outside that State.
The Company admits that it is engaged in commerce within the meaning
of the National Labor Relations Act.
H. THE ORGANIZATIONS INVOLVED
United Steelworkers of America, affiliated with the Congress of Indus-
trial Organizations ; and International Association of Bridge, Structural
and Ornamental Iron Workers, Local 662, affiliated with the American
Federation of Labor, are labor organizations admitting to membership
employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On or about March 7, 1945, the CIO requested the Company to recog-
nize it for the purposes of collective bargaining. The Company refused to
accord such recognition.
On February 18, 1944, after a consent cross-check, the "American Fed-
eration of Labor" was certified by the Board as the collective bargaining
representative of the Company's employees in the unit hereinafter found
appropriate.' In April 1944 negotiations were held between the Company
and Local 662 with respect to the execution of a collective bargaining con-
tract. After several conferences, an instrument was drawn with space pro-
vided for the signatures of representatives of the Company, Local 662, and
Local 662's International. This document recited that it was "by and be-
tween" the Company and "the International Association of Bridge, Struc-
tural and Ornamental Iron Workers (including its constituents Shopmen's
Local Union No. 662)." On August 15, 1944, it was signed by representa-
tives of the Company and Local 662, with the understanding that it was
not to be final and binding until approved and signed by representatives
of Local 662's International. The International refused to approve and
sign it and returned it to Local 662 with instructions to obtain more favor-
able provisions, including a more beneficial vacation clause. Accordingly,
Local 662 prepared a new proposed contract, and, about December 1944,
presented it to the Company for approval. Although two conferences were
thereafter held regarding the execution of the proposed agreement, it was
never signed. It is clear from the record that maintenance of membership
and check-off provisions contained in the document signed August 15, 1944,
were never placed in operation, and it does not appear that any other of
' Case No. 8-R-1405.
1110 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
its terms were ever enforced . On March 29 , 1945, the CIO filed its peti-
tion herein.
Apparently , Local 662 contends that the instrument signed August 15,
1944, bars the instant proceeding , and that the certification of February
18, 1944, also precludes a present determination of representatives. We
are satisfied , however, that the document of August 15, 1944, never became
a binding contract , and was never in fact enforced as such . Moreover, inas-
inuch as the present proceeding was initiated by the CIO more than 1 year
after our certification , and this designation is now approximately 16 months
old, we perceive no reason for postponing a determination of representa-
tives 2
A statement of a Board agent, introduced into evidence at the hearing,
indicates that the CIO represents a substantial number of employees in the
unit hereinafter found appropriate.'
We find that a question affecting commerce has arisen concerning the
representation of employees of the Company, within the meaning of Sec-
tion 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
We find, in substantial accordance with the stipulation of the parties,
that all production and maintenance employees of the Company's Screen
Division, Canton, Ohio, including watchmen, but excluding draftsmen,
timekeepers, first-aid men, nurses, office clerical'and salaried employees,
executives, foremen, assistant foremen, supervisors who do not work with
tools, and all other supervisory employees with authority to hire, promote,
discharge, discipline, or otherwise effect changes in the status of employees,
or effectively recommend such action, constitute a unit appropriate for the
purposes of collective bargaining within the meaning of Section 9 (b) of
the Act.
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which-has
arisen be resolved by an election by secret ballot among the employees in
the appropriate unit who were employed during the pay-roll period immedi-
ately preceding the date of the Direction of Election herein, subject to the
limitations and additions set forth in the Direction.
2 See Matter of Beatty Logging Co , 62 N. L. R. B. 266; and Matter of General Chemical Co
48 N L R B 988
3 The Field Examiner reported that the CIO submitted 90 authorization cards; that the names
of 62 persons appearing on the cards were listed on the Company 's pay roll of April 8, 1945, which
contained the names of 97 employees in the alleged appropriate unit; and that the cards were dated
during January , February , and March 1945. At the hearing the Trial Examiner reported that Local
662 submitted a membership list of 58 names, of which 32 were contained in the aforesaid pay roll.
TRUSCON STEEL COMPANY 111]
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 3, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representatives
for the purposes of collective bargaining with Truscon Steel Company,
Screen Division, Canton, 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, Sections 10
and 11, of said Rules and Regulations, among the employees in the unit
found appropriate in Section IV, above, who were employed during the
pay-roll period immediately preceding the date of this Direction, including
employees who did not work during the said pay-roll period because they
were ill or on vacation or temporarily laid off, and including employees in
the armed forces of the United States who present themselves in person
at the polls, but excluding any who have since quit or been discharged
for cause and have not been rehired or reinstated prior to the date of the
election, to determine whether they desire to be represented by United
Steelworkers of America, CIO, or by International Association of Bridge,
Structural and Ornamental Iron Workers, Local 662, AFL, for the pur-
poses of collective bargaining, or by neither.