Wire & Iron Products, Inc.

National Labor Relations Board - Board Decisions

Nov 26, 1942

45 N.L.R.B. 795 (N.L.R.B. 1942)

In the Matter of WIRE & IRON PRODUCTS, INC. and UNITED STEEL-
WORKERS OF,AMERICA, C. I. O.
Case No. R-4449.-Decided November 26,191
Jurisdiction : wire products manufacturing industry.
Investigation and Certification of Representatives : existence of question: re-
fusal to recognize petitioner because of alleged existing contract which auto-
- ' matically renewed itself each year unless 4 months advance notice given ;
contract held no bar when petitioner gave notice to Company of its claims
4 months before expiration of a contract period; election necessary..
Unit Appropriate for Collective Bargaining : all employees engaged primarily in
inside work, excluding supervisory and clerical employees ; stipulation as to.
Mr: Harry E. "Gieseieing, of Detroit, Mich.; for the,'Coriipany.
Mr. James E. Robinson, of Detroit, Mich., for the C. I. O.
Mr. Samuel P. Tobin and Mr. George W. Sucy, of Detroit, Mich.,
for the A. F. of L.
Mr. Seymour J. Spelman, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF, THE CASE
, ' Upon petition and amended petitions duly filed by United Steel-
workers of America,'C. I. 0., herein called the C. I. 0.",.;'alleging that
a question affecting commerce had arisen concerning the representa-
tion of employees of Wire & Iron Products, Inc., Detroit, Michigan,
herein called the Company, the National Labor Relations Board
provided for an appropriate hearing upon due notice before Fred-
erick P. Mett, Trial Examiner. Said hearing was held at Detroit;
Michigan, on October 27, 1942.' The Company, the C. I. 0., and
International Association of Bridge, Structural and Ornamental Iron
Workers, A. F. of L., herein called the A. F. of L., appeared, partici-
pated, and were afforded full opportunity to be heard, to examine
and cross` exA'i iine`-'witnesses, "hhd'to -'iiitrodilde' evidence., bearing on
the issues. The Trial Examiner's rulings made at the hearing are
free from prejudicial error and are hereby affirmed.
45 N. L. R. B., No. 120.
795
796 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FAcTr
I. THE BUSINESS OF THE COMPANY
Wire & Iron Products, Inc., a Michigan - corporation having its
office and plant in Detroit, Michigan, is engaged in the business of
fabricating and installing wire and iron products. The Company
annually purchases raw materials valued at approximately $100,000,
about 60 percent of which is shipped to its plant -in Detroit from
points outside the State of Michigan. The approximate value of the
finished products annually produced at the Detroit plant is approxi-
mately $400,000, about 30 percent of which is shipped to ' places
outside the State of Michigan.
IT. THE ORGANIZATIONS INVOLVED
United Steelworkers of America is a labor organization affiliated
with the Congress of Industrial' Organizations, admitting to mem-
bership employees of the Company.
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
In 1941 and early in 1942, the C. I. O. conducted an organizational
drive among the employees of the Company. , The Company employs
two classes of workers-inside or production employees who are en-
gaged in 'the fabricating of -wire and iron materials, and outside
employees who' install the finished materials in buildings under con-
struction. The initial efforts of the C. I. O. were directed ,at the
organization of both classes, of employees, but, upon discovering that
the outside employees were bargained for as a separate unit by
another labor organization, the C. I. O. limited its organization' to
inside employees. On several occasions, the C. I. O. advised the
Company that it -represented a majority of all the 'employees and
requested, 'recognition as their exclusive bargaining agent. These
requests were refused 'by the Company. Later, the C. I. O. advised
1 Since 1939 , Local 25 of International Association of Bridge, Structural and Ornamental
Iron Workers , A. F. of L., has bargained for the outside employees of all members of the
Steel and Metal Erecters Association , including the Company , pursuant to a contrac t which
has been renewed from year to year and is still in - force. •
WIRE & IRON. PRODUCTS, INC. 797
the Company that it desired recognition as bargaining agent for
the inside employees,? but the Company again refused recognition.
The A. F. of - L. contends- that an existing contract covering the
inside employees between Local 508 of International Association of
Bridge, Structural and Ornamental Iron Workers, A. F. of L., and
the Detroit Wire, Iron and Bronze Club, of which the Company is
a member, constitutes a bar to an election at this time. Since 1937,
Local 508 has bargained for the inside employees of all members of
the Detroit Wire, Iron and Bronze Club, including the Company,
pursuant to a parol contract with the Club. The contract provides
for automatic renewal from year to year in the absence of a request
by either party for a new agreement or amendment not less than 4
months prior to the end of any contract period (December 31).
Although no such request was given by either party to the contract,
the renewal of the contract constitutes no bar to a determination of
representatives at this time since the Company had notice of the
claims of the C. I. O. more than 4 months prior to December 31,
1942, and the petition in this proceeding was filed by the C. I. O.
before the beginning of the 4-month period.3
A statement of the Regional Director, introduced in evidence at
the hearing, and a statement of the Trial Examiner, made at the
hearing, show that the C. I. O. represents a substantial number of
employees in the unit hereinafter found appropriate.4
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 accordance with an agreement, of the parties, that all
employees of the Company who are primarily engaged in inside work,
excluding supervisory and clerical employees, constitute a unit appro-
On September 8, 1942, the C. I. O. amended its petition 'in this proceeding limiting the
desired unit to include only inside employees.
8Matter of Belmont Radio Corporation and United Electrical, Radio and Machine Work-
ers of America, affiliated with the Congress of Industrial Organizations , 27 N. L. R. B. 341 ;
Matter of American National Company and Mechanics Educational Society of America,
Local No 3, 27 N. L. R. B. 22.
A The Regional Director stated that the C. I. O. submitted 56 applications for member-
ship, 30 bearing dates from March 1941 to May 1942 and 54 bearing apparently genuine
original signatures . Of these 54 cards , 22 bear the names of employees on the Company's
pay roll of August 23, 1942, which contained the names of 42 employees in the appropriate
unit. The Trial Examiner stated that the C. I. O. submitted 14 additional cards, 7 of
which contained names appearing on the cards submitted to the Regional Director and 2
of which bore names which do not appear on the Company's pay roll. The remaining 5
cards contain the apparently genuine original signatures of employees whose names appear
on the Company's pay roll of August 23, 1942. In support of its interest in this proceeding,
the A. F. of L. relies upon its contract with the Company.
798 DECISIONS.' OF NATIONAL LABOR -RELATIONS BOARD
pr`iate for the purposes of collective bargaining within the meaning of
Section 9 (b) of the Act.5
V. THE DETERMINATION OF REPRESENTATIVES
We shall' direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among the em-
ployees in the appropriate unit who were employed during the pay-
roll period immediately preceding the date of the Direction of Elec-
tion herein, subject to the limitations and additions set forth in the
Direction.
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 Rela-
tions Board Rules and Regulations-Series 2, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes' of collective bargaining with Wire & Iron
Products, Inc., 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, under the direction and supervision
of the Regional Director for the Seventh Region, acting "in this matter
as agent for the National Labor Relations Board, and subject to Article
III, Section 10, 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 in the active military
service or training of the United States or temporarily laid off, but
excluding employees who have since quit or been discharged for cause
to determine whether they desire to be represented by United Steel-
workers of America, C. I. 0., or by Local 508, International Associa-
tion of Bridge, Structural and Ornamental Iron Workers, A. F. of L.,
for the purposes of collective bargaining, or by neither.
5 This is substantially the unit provided for in the contract between Local 508 and the
Detroit Wire , Iron and Bronze Club.
4