Western Metal Co.

National Labor Relations Board - Board Decisions

Apr 18, 1942

40 N.L.R.B. 723 (N.L.R.B. 1942)

In the Matter Of MAX GOLDFEIN, OSCAR GOLDFEIN, AND ROBERT GOLD-
FEIN D/B/A WESTERN METAL CO. and UNITED AUTOMOBILE, AIRCRAFT
& AGRICULTURAL IMPLEMENT WORKERS OF AMERICA, C. I. O.
Case No. R-3680.Decided April 18,1942
Jurisdiction : metal refining industry.
Investigation and Certification of Representation : existence of question: refusal
to accord petitioner recognition; contract about to expire, no bar to; 'election
necessary.
Unit Appropriate for Collective Bargaining : production and maintenance.em-
ployees, including electric mule drivers, but excluding foremen, assistant
foremen, supervisory employees not engaged in production work, office clerical
employees, watchmen, chemists, and outside truck drivers.
Mr. Benjamin R. Cohen, of Chicago, Ill., for the Company.
Meyers c Meyers, by Mr. Ben Meyers, of Chicago, Ill., for the
U. A. W.
Mr. Joseph M. Jacobs, of Chicago, Ill., for Local 714.
Mr. Louis Cokin, of counsel, to-the-Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On February 10, 1942, United Automobile, Aircraft & Agricultural
Implement Workers of America, C. I.' O., herein called the U. A. W.,
filed with the Regional Director for the Thirteenth Region (Chicago,
Illinois) a petition, and on March 12, 1942, an amended petition
alleging that a question affecting commerce had arisen concerning
the representation of employees,of- Max Goldfein, Oscar Goldfein,
and Robert Goldfein, d/b/a Western- Metal Co., Chicago, Illinois,
herein called the Company, and requesting an investigation and certi-
fication of representatives pursuant to Section 9 (c) of the National
Labor Relations Act, 49 Stat. 449, herein called the Act. On March
23, 1942, 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, ordered an investigation and authorized the Regional
40 N. L. R. B, No 122
723
724 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Director to conduct it and to provide for an appropriate hearing upon
due notice.
On March 24, 1942, the Regional Director issued a notice of
hearing, copies of which were duly served upon the Company and
the U. A. W. and upon Machinery, Scrap Iron & Metal Chauffeurs
and Helpers' Union, Local 714, herein called Local 714, a labor
organization claiming to, represent employees directly affected by
the investigation. Pursuant to notice, a hearing was held on March
30, 1942, at Chicago, Illinois, before Russell Packard, the Trial
Examiner duly designated by the Chief Trial Examiner. The Com-
pany, the U. A. W., and Local 714 were represented and participated
in the hearing. Full opportunity to-be heard, to examine and cross-
examine witnesses, and to introduce evidence bearing on the issues
was afforded all parties. During the course of the hearing the Trial
Examiner granted motions of the U. A. W. to amend its petition,
as amended, as to formal matters and made several rulings on other
motions and on objections to the admission of evidence. The Board
has reviewed all the rulings of the Trial Examiner and finds that
no prejudicial errors were committed. The rulings are hereby af-
firmed.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Western Metal Co. is a partnership composed of Max Goldfeln,
Oscar Goldfein, and Robert Goldfein, with its principal place of
business at Chicago, Illinois, where it is engaged in the business of
refining, smelting, and selling metals. During the 6-month period
ending December 31, 1941, the Company purchased 4,000 tons of
metal, approximately 10 percent of which was shipped to it from
points, outside the State of Illinois. During the same period, the
Company sold about 4,000 tons of metal, approximately 30 percent
of which it shipped outside the State of Illino'i^: "" The Company
admits that it is engaged in commerce within the meaning of the Act.
IT. THE ORGANIZATIONS INVOLVED
United Automobile, Aircraft & Agricultural Implement Workers
of America, is a labor organization affiliated with the Congress of
Industrial Organizations, admitting to membership employees of the
Company.
Machinery, Scrap Iron & Metal Chauffeurs and Helpers' Union,
Local 714,'is a labor organization affiliated with the American Fed-
eration of Labor, admitting to membership employees of the Company.
WESTERN METAL CO.
III. THE QUESTION CONCERNING REPRESENTATION
725
On February 4, 1942, the U. A. W.,, claiming. to represent a
majority of the Company's employees, requested the Company to
grant it exclusive recognition. The Company denied this request;
stating that it was operating under a contract with Local 714.
On March 1, 1941, Lo'cal•-714, and the 'Company entered' into an
exclusive bargaining contract to run until April 30, 1942. The con-
tract contains- no renewal clause and has not been renewed. The
representative' of Local 714 stated at the hearing that,it does not con-
sider its contract a bar to a present determination of representatives.
It is clear that the contract does not preclude the Board from inves-
tigating or certifying a bargaining representative for the purpose
of negotiating a new agreement for the -period following April 30,
1942,1if such is desired.' .
A statement of the Regional Director, introduced into evidence
at the hearing, shows that the U. A. W. and Local 714 each repre-
sents a substantial number of employees in the unit hereinafter
found to be appropriate.2
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
The U. A. W., Local 714, and the Company agree, and we find,
that all production and maintenance employees of the Company,
including electric mule drivers, but excluding foremen, assistant fore-
men, supervisory employees not engaged in, production work, office
clerical employees, watchmen, chemists, and outside truck drivers,
constitute a unit appropriate for the purposes of collective bargain-
'See Matter , of I1eldman - Schnld -Lasser, Inc . and Cincinnati Joint Boa,d of the
Amalgainated Clothing Workers of America (C 1. 0.), 11 N L R B 1289
2 The Regional Director reported that the U A. W. presented 35 membership appli-
cation cards bearing the signatures of persons whose names appear on the Company's
pay roll of February 23, 1942. Ile further reported that Local 714 presented 35 mem-
bership application cards bearing the names of persons who appear on the Company's
pay loll of February 23, 1942 . There are approximately 60 employees in the unit here-
inafter found to be appropriate
726 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ing. We further find 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 will effectuate the policies of the
Act.
VI. THE DETERMINATION OF REPRESENTATIVES
We find that the question concerning representation which has
arisen can best be resolved by means of an election by secret ballot.
Local 714 Purges that the pay roll immediately preceding the'date of
the election be used to determine eligibility to vote. The U. A. W.
urges that the pay roll immediately preceding the date of the Direction
of Election be used for that purpose. The Company took no posi-
tion. In accordance with our usual custom, we shall direct that the
employees of the Company eligible to vote in the election shall be
those , within 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.
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following :
CONCLUSIONS OF LAW
1. A question affecting commerce•.has arisen-concerning the repre-
sentation of employees of Max Goldfein, Oscar Goldfein, and Robert
Goldfein, d/b/a Western Metal Co., Chicago, Illinois, within the
meaning of Section 9 (c) and Section 2 (6) and (7) of the Act.
2. All production and maintenance employees of the Company,
including electric mule drivers, but excluding foremen, assistant fore-
men, supervisory -employees 'not engaged in production work, office
clerical employees, watchmen, chemists, and outside truck drivers,
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 ordered by the Board to
ascertain representatives for the purposes of collective bargaining
with Max Goldfein, Oscar Goldfein, and Robert Goldfein, d/b/a
Western Metal Co., Chicago, Illinois, an election by secret ballot shall
WESTERN METAL CO. 727
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 Thirteenth Region, acting in this
matter as agent for the National Labor Relations Board, and subject
to Article III, Section 9, of said Rules and Regulations, among all
production and maintenance employees of the Company who were
employed during the pay-roll period immediately preceding the date
of this Direction, including electric mule drivers and employees who
did not work during such,pay-roll period because they were ill or on
vacation or in the active military service or training of the United
States, or temporarily laid off, but excluding foremen, assistant fore-
men, supervisory employees not engaged in production work, office
clerical employees, watchmen, chemists, outside truck drivers, and
employees who have since quit or been discharged for cause, to de-
termine whether they desire to be represented by United Automobile,
Aircraft & Agricultural Implement Workers of America, affiliated
with the Congress of Industrial Organizations, or by Machinery,
Scrap Iron & Metal Chauffeurs and Helpers" Union, Local 714,
affiliated with the American Federation of Labor, for the purposes
of collective bargaining, or by neither.
In the Matter of MAX GOLDFEIN, OSCAR GOLDFEIN AND ROBERT GOLD-
FEIN D/B/A WESTERN METAL Co. and UNITED AUTOMOBILE, AIRCRAFT
& AGRICULTURAL IMPLEMENT WORKERS OF AMERICA, C. I. O. '
Case No. R-3682
AMENDMENT TO DIRECTION OF ELECTION
May 5, 194.
,On April 18 , 1942, the National Labor Relations Board, hereiii
called the Board , issued a Decision and Direction of Election in the
above-entitled proceedings .' On May ' 2, 1942, Machinery, Scrap
Iron & Metal Chauffeurs and Helpers ' Union, Local 714 , notified
the Board that it does not desire its name to appear upon the ballot.
The Board hereby amends its Direction of Election by striking
therefrom the words "to determine whether they desire to be repre-'
sented by United Automobile , Aircraft & Agricultural Implement
Workers of America, affiliated with the Congress of Industrial Or-
ganizations , or by Machinery , Scrap Iron & Metal Chauffeurs and
Helpers' Union , Local 714, affiliated with the American Federation
of Labor, for the purposes of collective bargaining , or by neither,"
and substituting therefor the words "to determine whether or not
they desire to be represented by United Automobile , - Aircraft &
Agricultural Implement Workers of America, affiliated with the
Congress of Industrial Organizations , for the purposes of collective
bargaining."
1 40 N. L R. B. 723
40 N. L. R. B., No. 122a.
728