U. S. Reduction Co.

National Labor Relations Board - Board Decisions

Jul 23, 1947

74 N.L.R.B. 588 (N.L.R.B. 1947)

In the Matter of U. S. REDUCTION COMPANY, EMPLOYER and LOCAL.
334, UNITED GAS, COKE & CHEMICAL WORKERS, CIO, PETITIONER
Case No. 13-R-4389.-Decided July 03, 1947
Abbell, Edeknan, Porter cC Abbell, by Mr. Leonard A,. Ch,anfleld,
of Chicago , Ill., for the Employer.
Mr. Howard Jones, of Chicago , Ill., for the Petitioner.
Mr. John L. Reano, of Chicago, Ill., for the Intervenor.
Miss Frances Steyer, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, hearing in this case was held at Chicago,
Illinois, on May 16, 1947, before Robert T. Drake, hearing officer.
The hearing officer's rulings made at the hearing are free from
prejudicial error and are hereby affirmed.
Upon the entire record in the case, the National Labor Relations
Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE EMPLOYER
U. S. Reduction Company, an Illinois corporation, is engaged in
the business of smelting and refining secondary aluminum alloys at
its plant at East Chicago, Indiana. During 1946, the Employer
purchased raw materials valued at more than $100,000, all of which
were shipped from points outside Indiana. 'During the same period
its finished products were valued at more than $100,000, of which
98 percent was sold and delivered to points outside Indiana.
The Employer admits and we find that it is engaged in commerce
within the meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
The petitioner is a labor organization affiliated with the Congress
of Industrial Organizations, claiming to represent employees of the
Employer.
74 N L R B, No 114.
588
U. S. REDUCTION COMPANY 589
District 50, United Mine Workers of America, Local 12,126, herein
called the Intervenor, is a labor organization affiliated with the
American Federation of Labor, claiming to represent employees of
the Employer.
III. THE QUESTION CONCERNING REPRESENTATION
The Employer refuses to recognize the Petitioner as the exclusive
bargaining representative of employees of the Employer -until the
Petitioner has been certified by the Board in an appropriate unit.
The Intervenor contends that its collective bargaining contract
with the Employer, which, under its terms, was to be in effect until
May 31, 1947, and thereafter from year to year in the absence of 30
days' notice of modification or termination, is a bar to this proceeding.
The Employer and the Petitioner disagree with this contention. The
Petitioner filed the instant petition on April 18, 1947. Inasmuch as
the instant petition was filed prior to the automatic renewal date of
the contract,' the contract is no bar to a determination of representa-
tives at this time.
We find that a question affecting commerce has arisen concerning
the representation of employees of the, Employer within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
We find, in accordance with the agreement of the parties, that all
production and maintenance employees, excluding administrative,
clerical, and office employees, salesmen, watchmen, laboratory tech-
nicians, and assistants, and all supervisory employees, constitute a
unit appropriate for the purposes of collective bargaining within the
meaning of Section 9 (b) of the Act.
DIRECTION OF ELECTION 2
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with U. S. Reduction Company,
East Chicago, Indiana, 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 Thirteenth Region, acting in this matter
as agent for the National Labor Relations Board, and subject to Sec-
tions 203.55 and 203.56, of National Labor Relations Board Rules
1 Matter of Mill B, Inc., 40 N L R B 346.
2 Any participant in the election directed herein may , upon its prompt request to and
approval thereof by , the Regional Director , have its. name removed floor the ballot
590 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
and Regulations-Series 4, 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 said pay-roll period
because they were ill or on vacation or temporarily laid off, and in-
cluding employees in the armed forces of the United States who pre-
sent themselves in person at the polls, but excluding those employees
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 Local 334, United Gas, Coke
& Chemical Workers, CIO, or by District 50, United Mine Workers
of America, Local 12,126, A. F. of L., for the purposes of collective
bargaining, or by neither.
CHAIRMAN HERZOG took no part in the consideration of the above
Decision and Direction of Election.