W. J. Holliday & Co.

National Labor Relations Board - Board Decisions

Jun 18, 1945

62 N.L.R.B. 528 (N.L.R.B. 1945)

In the Matter of W. J. HOLLIDAY & COMPANY and INTERNATIONAL
ASSOCIATION OF BRIDGE, STRUCTURAL AND ORNAMENTAL IRON
WORKERS, A. F. OF L.
Case No. 13-R-3001.-Decided June 18, 1945
Mr. Carl Wilde, of Indianapolis, Ind., for the Company.
Mr. Emil W. Lestina, of Chicago, Ill., 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 International Association of Bridge , Struc-
tural and Ornamental Iron Workers. A F. of L., herein called the Union,
alleging that a question affecting commerce had arisen concerning the
representation of employees of W. J. Holliday & Company, Hammond,
Indiana, herein called the Company , the National Labor Relations Board
provided for an appropriate hearing upon due notice before Robert T.
Drake, Trial Examiner . Said hearing was held at Chicago, Illinois, on
May 25, 1945 . The Company and the Union appeared , participated, and
were afforded full opportunity to he 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. TIIE BUSINESS OF THE COMPANY
W. J. Holliday-& Company is an Indiana corporation with its principal
office at Indianapolis, Indiana. We are here concerned with its plant at
62 N. L. R. B., No. 70.
528
W. J. HOLLIDAY & COMPANY 529
Hammond, Indiana, where it is engaged in the distribution of steel products.
About 50 percent of the raw materials used by the Company is shipped to it
from points outside the State of Indiana, and approximately 25 percent
of its finished products is ,hipped by the Company to points outside the
State of Indiana.
The Company admits that it is engaged in commerce within the mean-
ing of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
International Association of Bridge, Structural and Ornamental Iron
Workers is a labor organization affiliated with the American Federation
of Labor, admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
Prior to April 3, 1945, the Union requested recognition of the Company
as exclusive collective bargaining representative of the employees at the
Hammond plant. The Company refused this request.
A statement of a Field Examiner of the Board, 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 Act.
IV. THE APPROPRIATE UNIT
We find, in substantial agreement with the parties, that all employees
of the Company at its Hammond, Indiana, plant, including watchmen and
shipping room employees, but excluding office employees, plant superin-
tendent's clerk, salesmen, and all supervisory employees with authority
to hare, 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 employs four part-time employees who work an average
of 20 hours per month. We conclude that they do not have a sufficient
1 The Field Examiner reported that the Union presented 22 membership application cards There
are approximately 40 employees in the appropriate unit.
530 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
interest in the selection of a bargaining representative to entitle them 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, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representatives
for the purposes of collective bargaining with W. J. Holliday & Company,
Hammond, Indiana, 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 Direc-
tor for the Thirteenth 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 Regulation, 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
International Association of Bridge, Structural and Ornamental Iron
Workers, A. F. of L., for the purposes of collective bargaining.