Vermont Structural Steel Corp.

National Labor Relations Board - Board Decisions

Dec 6, 1943

53 N.L.R.B. 1178 (N.L.R.B. 1943)

In the Matter Of VERMONT STRUCTURAL STEEL CORP. and UNITED
STEELWORKERS OF AMERICA, C. I. O.
Case No. 1-R-1649.Decided December 6, 1943
Mr. F. W. Moore, of Burlington, Vt., for the Company.
Mr. James F. Harley, of West Rutland, Vt., 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, C. 1. 0.,
herein called the Union, alleging that a question affecting commerce
had arisen concerning the representation of employees of Vermont
Structural Steep Corp., Burlington, Vermont, herein called the Com-
pany, the National Labor Relations Board provided for an appropriate
hearing upon due notice before Samuel G. Zack, Trial Examiner. Said
hearing was held at Burlington, Vermont, on November 17, 1943. 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
I. THE BUSINESS OF THE COMPANY
Vermont Structural Steel Corp., is a Vermont corporation with its
principal place of business at Burlington, Vermont, where it is engaged
in the fabrication of steel. During the 6-month period ending Sep-
tember 30, 1943, the Company purchased raw materials valued at
about $46,600, about 95 percent of which was shipped to it from points
53 N. L. R. B., No. 212.
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VERMONT STRUCTURAL STEEL CORP. 1179
outside the State of Vermont. During the same period, the Company
sold products valued at about $116,000, about 20 percent of which was.
shipped to points outside the State of Vermont.
II. THE ORGANIZATION INVOLVED
United Steelworkers of America is a labor organization affiliated
with the Congress of Industrial Organizations, admitting to member-
ship employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On October 15, 19431 the Union requested the Company to recognize
it as the exclusive collective bargaining representative of the Com-
pany's employees. The Company did not reply to this request.
A statement of the Regional Director, introduced into evidence 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 National Labor Relations
Act.
IV. THE APPROPRIATE UNIT
We find, in substantial agreement with the parties, that all produc-
tion and maintenance employees of the Company, including the watch-
men, but excluding clerical employees, executives, and all supervisory
employees with authority to hire, promote, discharge, discipline, or
otherwise effect changes in the status of employees, or effectively recom-
lnend 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 employs three school boys who work about 20 hours
per week. They are not hired for any specific task but perforin regular
production and maintenance duties. The Union urges that they be
1 The Regional Director reported that the Union presented 23 membership application
cards bearing apparently genuine signatures of persons whose names appear on the
Company ' s pay roll of October 28, 1943. There are approximately 32 employees in the
appropriate unit.
1180 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
deemed ineligible to vote while the Company contends that they should
be eligible. Employees who do sufficient work to give them an interest
in the conditions of employment also have a sufficient interest in the
outcome to entitle them to vote in an election. We, therefore, find
that the school boys employed by the Company should be 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 Relations Act,
and pursuant to Article III, Section 9, of National Labor Relations
Board Rules and Regulations-Series 3, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Vermont Struc-
tural Steel Corp., Burlington, Vermont, 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 supervi-
sion of the Regional Director for the First 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 em-
ployees 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,
C. I. 0., for the purposes of collective bargaining.
MR. GERARD D. REILLY took no part in the consideration of the above
Decision and Direction of Election.