Vincent Steel Process Co.

National Labor Relations Board - Board Decisions

Jun 21, 1941

32 N.L.R.B. 991 (N.L.R.B. 1941)

In the Matter of VINCENT STEEL- PROCESS COMPANY and INTERNATIONAL
UNION, UNITED AUTOMOBILE WORKERS OF AMERICA, C. I. O.
Case No. R-2599.-Decided June 21, 1.941
Jurisdiction : steel processing industry.
Investigation and Certification of Representatives : existence of question: re-
fusal to accord petitioning union recognition ; where Company had knowledge
of rival union's claim to representation prior to the signing of a supplementary
contract and prior to the date when the original contract renewed itself, such
contract or contracts constitute no bar to ; election necessary.
Unit Appropriate for Collective Bargaining : all employees excluding superin-
tendents, foremen, office employees, salesmen, timekeepers, and supervisory
employees with the right to hire and discharge; stipulation as to.
Mr. Edmund J. Stafford, of Detroit, Mich., for the Company.
Mr. Nicholas C. Dragon, of Detroit, Mich., and Mr. Maurice Sugar,
by Mr. N. L. Smokler, of Detroit, Mich., for the C. 1. 0.
Mr. William L. Munger and Mr. Howard Thompson, of Detroit,
Mich., for the A. F. of L.
Mr. Woodrow J. Sandler, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On February 3, 1941, International Union, United Automobile
Workers of America, affiliated with the C. I. 0., herein called the
C. I. 0., filed with the Regional Director for the Seventh Region
(Detroit, Michigan) a petition alleging that a question affecting
commerce had arisen concerning the representation of employees of
Vincent Steel Process Company, Detroit, Michigan, herein called the
Company, and requesting an investigation and certification of repre-
sentatives pursuant to Section 9 (c) of the National Labor Relations
Act, 49 Stat. 449, herein called the Act. On May 7, 1941, the National
Labor Relations Board, herein called the Board, acting pursuant to
Section 9 (c) of the Act, and Article III, Section 3, of National Labor
Relations Board Rules and Regulations-Series 2, as amended, or-
32 N. L. R. B., No. 158.
991
992 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
dered an investigation and authorized the Regional Director to con-
duct it and to provide for an appropriate hearing upon due notice.
On May 16, 1941, the Regional Director issued a notice of hearing,
copies of which were duly served upon the Company, the C. I. O., and
upon Local Union No. 363, International Union, United Automobile
Workers of America, affiliated with the American Federation of Labor,
herein called the A. F. of L., a labor organization claiming to repre-
sent employees directly affected by the investigation.
Pursuant to notice, a hearing was' held on May 28, 1941, before
C. Edward Knapp, the Trial-Examiner duly designated by the Chief
Trial Examiner. The Company, ' the' C.` I. O., , and ' the 'A. IF: of L.
were represented by counsel_ and ,participated in the hearing. At
the hearing the A. F. of L. moved to dismiss the proceeding on the
ground that no question concerning representation was raised by the
C. I. O.'s petition herein. The Trial Examiner denied said motion
at the hearing, but thereafter, on the same day, rescinded his order
denying the said motion and referred it to the Board for disposition.
The motion is hereby denied. Full opportunity to be, heard, to ex-
amine' and cross-examine witnesses, and to introduce evidence bearing
on the,issues was afforded all parties. During the course of the hear-
ing the Trial Examiner made several rulings on motions and on
objections to the admission of evidence. The Board has reviewed
the rulings of the Trial Examiner and finds that no prejudicial errors
were committed. The rulings are, hereby affirmed.
On June 10 and 13, 1941, respectively, the A. F. of L. and the
C. I. O. filed briefs which the Board has considered. -
Upon the entire record in *the case the Board makes the following :
FINDINGS OF FACT
1. THE 13USINESS OF THE COMPANY
Vincent Steel Process Company is a Michigan corporation, having
its principal office and place of business in Detroit, Michigan. The
Company is engaged in the manufacture of dressers and grinders for
emery wheels, and performs a 'general jobbing' service, consisting
chiefly of heat treating, sand blasting, and hardening steel. The
principal raw materials used by the Company are steel, quenching
oil, and other oils used in the- process of hardening steel. During
the year 1940 the Company purchased raw materials having an ap-
proximate value of $187,211.13; of which approximately 20 per cent
was obtained from points outside the State of Michigan. During
the same year the total sales of the Company were approximately
$516,432,, of which approximately 10 per cent required shipments to
customers outside the State of Michigan.
VINCENT STEEL PROCESS COMPANY
II. THE ORGANIZATIONS INVOLVED
993
International Union, United Automobile Workers of America,
affiliated with the Congress of Industrial Organizations, is a labor
organization admitting to its membership employees of the Company.
Local Union No. 363, International Union, United Automobile
Workers of America, affiliated with the American Federation of
Labor, is a labor organization admitting to its membership employees
of the Company. .
III. THE QUESTION CONCERNING REPRESENTATION
On February 13, 1940, the Company and the A. F. of L. entered
into a closed-shop contract, which by its terms provided that it
would "continue year after year." The contract also provided that
if either party desired to amend or cancel the contract, the "amend-
ments or cancellations shall be opened and concluded between Feb.
13th and March 13 of each year." On or about January 14, 1941,
the Company and the A. F. of L. began negotiations for a supple-
mentary contract.
On January 30, 1941, the C. I. O. wrote to the Company advising
it that it represented a majority of its employees and requesting a
conference "at the earliest possible date" for the purpose of collective
bargaining. Although the Company received this letter on January
31, it made no reply thereto. The C. I. O. again wrote to the Company
on January 31, advising that it had filed a petition for an election with
the Board. The Company received this letter on February 3, and
made no reply thereto. After the receipt of these two' letters the
Company had two more conferences with the A. F. L. concerning the
supplemental contract, and the contract was signed on February 13,
1941.
The A. F. -of L. contends that it had arrived at an agreement "with
the Company as to the principal terms of the supplemental contract
by January 28, 1941; and that at the subsequent conferences held in
'February, after the C. I. O. had notified the Company of its claim,
only minor details were discussed, and'that therefore it had entered
into a binding agreement with the Company prior to the notification
of the Company by the C. I. O. of its claim. The evidence, however,
does not support this contention.' We are of the opinion, therefore,
that since the Company had knowledge of the C. I.' O.'s claim prior
to the signing of the supplemental contract and prior to the date when
1 Karl H. Behringer, the secretary and treasurer of the Company , testified as follows
concerning the collective bargaining conferences with the A. F. of L. in February 1941:
" . we had a couple of meetings and made certain changes in the contract before we
finally agreed upon it" He also testified , "As I remember it I would say that the contract
was agreed upon at least three or four days ahead of the thirteenth."
994 ' DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the 1940 contract automatically renewed itself, such contract or con-
tracts constitute no bar to an investigation and certification of
representatives.2
A statement prepared by the Regional Director and introduced
into evidence at the hearing indicates that the A. F. of L. and the
C. I. 0. each represents a substantial number of employees in the
unit hereinafter found to be appropriate for the purposes of collective
bargaining.3
We find that a question has arisen concerning the representation
of employees of the Company.
IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON
COMMERCE
We find that the question concerning representation which has arisen,
occurring in connection with the operations of the Company described
in Section I above, has a close, intimate, and substantial relation to
trade, traffic, and commerce among the several States and tends to lead
to labor disputes burdening and obstructing commerce and the free
flow of commerce.
V. THE APPROPRIATE UNIT
At the hearing the parties stipulated, and we find, that. all em-
ployees of the Company, excluding superintendents, foremen, office
employees, salesmen, timekeepers, and supervisory employees with the
right to hire and discharge, constitute a unit appropriate for the
purposes of collective bargaining. We find further that such unit
will insure to employees of the Company the full benefit of their
right to self-organization and to collective bargaining and otherwise
effectuate the policies of the Act.
2 See Matter of Utica Knitting Company and Textile Workers Federal Labor Union,
#21500 A. F. of L., 23 N. L. R. B. 55 ; Matter of Lewis Steel Products Corporation and
Local No. 1225, of the United Electrical, Radio f Machine Workers of America, C. I. 0.,
23 N. L. R. B. 793.
3 The petition alleges that the Company has 125 employees ,. and that 108 are in the unit.
hereinafter found to be appropriate . In his statement the Regional Director reported that
the C. I. O. claims to represent 65 employees in the appropriate unit; that in support of
such claim it submitted to him 65 authorization cards (31 of which were signed between
January and March 1941 , and 34 of which were undated but which the C. I. O. claims
were signed during January and February 1941), of which 58 bore apparently genuine
signatures of employees on the Company 's pay roll of February 5, 1941. The Regional
Dh ector also reported that the A. F. of L. claims to represent 56 of the Company's em-
ployees in the appropriate unit ; that in support of such claim it submitted to him petitions
stating that the signers are members of the A. F. of L. and that they desire it to continue
to act as their bargaining agent, which petitions bore 56 signatures ( 27 of which were
affixed in April 1941, and 29 of which do not indicate when they were affixed but appear
to have been affixed during April 1941 ), and that 49 of such signatures appear to be genuine
signatures of employees on the Company 's pay roll of February 5, 1941.
VINCENT STEEL PROCESS COMPANY
VI. THE DETERMINATION OF REPRESENTATIVES
995
We find that the question concerning representation which has arisen
can best be resolved by an election by secret ballot. At the hearing
the parties agreed that in the event an election is ordered the cur-
rent pay-roll date be used to determine eligibility to vote. Accord-
ingly, we shall direct that all employees in the appropriate unit
who were employed by the Company during the pay-roll period im-
mediately preceding the date of our Direction of Election, subject
to such limitations and additions as are set forth in the Direction,
shall be eligible to vote.
Upon the basis of the above findings of fact and the entire record in
the case, the Board makes the following :
CONCLUSIONS OF LAW
1. A question affecting commerce has arisen concerning the rep-
resentation of employees of Vincent Steel Process Company, Detroit,
Michigan, within the meaning of Section 9 (c) and Section 2 (6) and
(7) of the Act.
2. All employees of the Company, excluding superintendents, fore-
men, office employees, salesmen, timekeepers, and supervisory employ-
ees with the right to hire and discharge, constitute a unit appropriate
for the purposes of collective bargaining within the meaning of
Section 9 (b) of the Act.
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 8, of National Labor
Relations Board Rules and Regulations-Series 2, as amended, it is
hereby
DIRECTED that, as part of the investigation authorized by the Board
to ascertain representatives for the purposes of collective bargaining
with Vincent Steel Process Company, Detroit, Michigan, 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 of Election, under
the direction and supervision of the Regional Director for the Seventh
Region, acting in this matter as agent for the National Labor Rela-
tions Board, and subject to Article III, Section 9, of said Rules and
Regulations, among all employees of Vincent Steel Process Company,
Detroit, Michigan, who were employed during the pay-roll period im-
mediately preceding this Direction of Election, including those who
did not work during said pay-roll period because they were ill or on
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996 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
vacation or in the active military service or training of the United
States, or temporarily laid off, but excluding superintendents, fore-
men, office workers, salesmen , timekeepers , and supervisory employees
with the right to hire and discharge , and employees who have since
quit or been discharged for cause , to determine whether they desire
to be represented by International Union, United Automobile Workers
of America, affiliated with the C. I. 0., or by International Union,
United Automobile Workers of America, affiliated with the A. F. of
L., for . the purposes of collective bargaining , or by neither.