Utility Electric Steel Foundry

National Labor Relations Board - Board Decisions

Nov 29, 1944

59 N.L.R.B. 655 (N.L.R.B. 1944)

In the Matter Of UTILITY ELECTRIC STEEL FOUNDRY and UNITED STEEL-
WORKERS OF AMERICA, UTILITY STEEL DIVISION, LOCAL 2018, C. I. 0
Case No. 01-R-0513.-Decided November 09,1944
I
Latham e1 Watkins, byMr. Paul R. Watkins, of Los Angeles, Calif.,
for the Company.
Mr. Gilbert C. Anaya, of Los Angeles, Calif., for the Union.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by United Steelworkers of America, Utility
Steel Division, Local 2018, C. I. 0., herein called the Union, alleging
that a question affecting commerce had arisen concerning the repre-
sentation of employees of Utility Electric Steel Foundry, Vernon,
California, herein called the Company, the National Labor Relations
Board provided for an appropriate hearing upon due notice before
Charles M. Ryan, Trial Examiner. Said hearing was held at Los'
Angeles, California, on November 10, 1944. The Company and the
Union appeared, participated, and 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 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
Utility Electric Steel Foundry operates a plant at Vernon, Cali-
fornia, where it is engaged in the manufacture of carbon and alloy
steel castings. During its fiscal year ending in October 1944, the Com-
pany purchased raw materials valued in excess of $500,000 approx-
imately 60 percent of which originated outside the State of California.
59 N. L . R. B., No. 130.
655
618683-45-vol. 59-43
656 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
During the same period the Company produced products valued in
excess of $2,000,000, about 30 percent of which was shipped to points
outside the State of California.
We find that the Company is engaged in commerce within the
meaning of the National Labor Relations Act.
11. THE ORGANIZATION INVOLVED
United Steelworkers of America, Utility Steel Division, Local 2018,
is a labor organization affiliated with the Congress of Industrial Or-
ganizations , admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company refuses to recognize the Union as the exclusive col-
lective bargaining representative of its employees until such time as
the Union is certified by the Board.
A statement of a Field Examiner of the Board, introduced into evi-
dence at the hearing, indicates that the Union represents a substantial
number of employees in the unit hereinafter found to be appropriate'
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 Act.
IV. THE APPROPRIATE UNIT
We find, in agreement with the parties, that all production and
maintenance employees of the Company, excluding office employees,
guards, executives, and all 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 means of an election by secret ballot among
the employees in the appropriate unit who were employed during the
pay-roll period immediately preceding the date of the Direction of
Election herein, subject to the limitations and additions set forth in
the Direction.
The 'Company contends that its employees presently in the armed
forces of the United States should be afforded an opportunity to vote.
'The Field Examiner reported that the Union presented 97 authorization cards bearing
names of persons who appgar on the Company ' s pay roll of October 15, 1944 There are
approximately 240 employees in the appropriate unit.
UTILITY ELECTRIC STEEL FOUNDRY 657
We are not unmindful of the fact that employees on military leave
retain their status as employees and, therefore , have a real interest in
the choice of a bargaining representative . For this reason, our Direc-
tion of Election will provide, as has-been the case in the past, that
those who appear at the polls in the election shall be allowed to vote
if otherwise eligible . The Company urges, however, to assure an op-
portunity for all employees in the armed forces to vote, a provision
should be included in the Direction of Election requiring the Regional
Director to mail ballots to each such employee . , We find such a sug-
gestion to be unfeasible for the reasons stated in Matter of Mine Safety
Appliances Co., 55 N. L. R. B . 1190. When it is determined that serv-
icemen have returned to their employment in sufficient numbers so
that they comprise a substantial percentage of the employees in an
appropriate unit in which we have certified a collective bargaining
representative , a new petition for the investigation and certification of
a bargaining agent may be filed with the Board . In this manner, em-
ployees in the armed forces, who were unable to cast a vote , will be
afforded an opportunity to affirm or change the bargaining agent
selected in their absence.
The Company contends that employees who have not been employed
for a period of 3months should be ineligible to vote in the election.
The Union urges that they be deemed eligible. It appears that new
employees do not qualify for the Company 's pension , insurance, sick
and accident benefit plans until they have been employed for a period
of 3 months . At the end of 3 months all new employees automatically
acquire the status of regular employees . The record indicates that
there is no substantial difference between the status of probationary
and that of the regular employees. Accordingly, we find that they
are eligible to vote in the election.
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 Rela-
tions 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 representa-
tives for the purposes of collective bargaining with Utility Electric
Steel Foundry, Vernon, California, an election by secret ballot shall
be conducted 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 Twenty-first Region, acting in this
matter as agent for the National Labor Relations Board, and subject
658 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 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 or not they desire to be represented
by United Steelworkers of America, Utility Steel Division, Local
2018, C. I. 0., for the purposes of collective bargaining.