American Bridge Co.

National Labor Relations Board - Board Decisions

Jul 30, 1942

42 N.L.R.B. 1129 (N.L.R.B. 1942)

In the Matter of AMERICAN BRIDGE COMPANY and UNITED STEEL-
WORKERS OF AMERICA
Case No. 8-3959 -Decided Jury 30,1942. 1
Investigation and Certification of Representatives : stipulation for certification
upon consent elections
Mr. F K. McDanel, of Pittsburgh, Pa., for the Company.
Mr. Lee Pressman, of Washington, D C, for the Union.
Mr. George H. Gentitlies, of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
Upon petition and amended petitions duly filed by Steel Workers
Organizing Committee, herein called the Union, alleging that a ques-
tion affecting commerce had arisen concerning the representation of
employees of American Bridge Company, herein called the Company;
engaged in Minneapolis, Minnesota, and Pittsburgh, Pennsylvania, in
the fabrication of steel products, the National Labor-Relations Board
provided for an appropriate heaiing upon due notice. On May 7,
1942, before a hearing was held, the Company, the Union, and the
Regional Director for the Sixth Region (Pittsburgh, ,Pennsylvania)
entered into a "stipulation for consent elections and certification by
National Labor Relations Board "
Pursuant to the stipulation, elections by secret ballot were con-
ducted on May 12, 1942, under the direction and supervision of the
Regional Director among all employees in the Minneapolis plant,
Minneapolis, Minnesota, and the Shiffler plant, Pittsburgh, Pennsyl-
vania, excluding salaried or clerical employees, draftsmen, drafting
engineers and designers, foremen, assistant foremen, supervisors in
charge of any classes of labor, watchmen, and guards, and further
excluding the truck drivers of the Minneapolis plant and the em-
ployees of the Erection Department Tool House,adl acent to the Shiff-
ler plant, to determine whether or not they desired to be represented
42 N L ^ R B, No 203
1129
1130 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
by the Union On May 20, 1942, the Regional Director issued and
duly served upon the parties Election Reports on the ballots No
objections to the conduct of the ballots or the Election Reports have
been filed by any of the parties
-_As,to the balloting and its iesults, the Regional Director reported
as follows
A MINNEAPOLIS PLANT, MINNEAPOLIS , MINNESOTA
Total on eligibility list ------------------------------------- 97
Total ballots cast------------------------------------------- 88
Total ballots challenged ------------------------------------ 0
Total blank ballots----------------------------------------- 0
Total void ballots______________________________ __________ - 0
Total valid votes counted____________________________________ 88
Votes cast for Steel Workers Organizing Commit Lee--___ _-_ 82
Votes cast against Steel Workers Oigamzi ng Committee_ ____ fi
B SNIFFLER PLANT, PITTSBURGH, PENNSILVANIA
Total on eligibility list------------------------- ---------------- 224
Total ballots cast------------------------------------------- 199
Total ballots challenged_______________________ -------- --- 0
Total blank ballots-__! ------------------------------------- 0
Total void ballots------------------------------------- ---- 1
Total valid votes counted___________________________________ 198
Votes cast for Steel Workers Organizing Committee-------- 195
-Votes cast against Steel Workers Oiganizing Committee----_ 3
Upon motion duly filed by the Steel Workers Organizing Commit-
tee praying that the name "United Steelworkers of America" be
substituted for the name "Steel Workers Organizing Committee" in,
the caption and relevant portions of the record in this proceeding,
the Board on July 16, 1942, issued and duly served upon the parties
its notice to show cause why said motion should not be granted.
No sufficient cause to the contrary having been shown, the Board on
July 24, 1942, issued its order granting said motion to sabstitute the'
name "United Steelworkers of America" for the name "Steel Work-
ers Organizing Committee" We accordingly correct the caption
and will certify the United Steelworkers of America as exclusive
bargaining representative
Upon the basis of the stipulation, the Election Report, and the-
entire record in this case, the Board makes the following
FINDINGS OF FACT
1 A question affecting commerce has arisen concerning the repre-
sentation of employees of American Briclge Company, Pittsburgh,
Pennsylvania, within the meaning of Section 9 (a) and Section 2
(6) and (7) of the National Labor Relations Act.
AMERICAN BRIDGE COMPANY 1131
2 All employees in the Minneapolis plant, Minneapolis, Minne-
sota, and the Shlfer plant, Pittsburgh, Pennsylvania, excluding
salaried of clerical employees, draftsmen, drafting engineers and
designers, foremen, assistant foremen, supervisors in charge of any
classes of labor, v atchmen, and guards, and further excluding,the
truck drivers of the Minneapolis plant and the employees of the
Erection Department Tool House adjacent to the Shif9her plant, con-
stitute a unit appropriate for the purposes of collective bargaining
within the meaning of Section 9 (b) of the Act 1
3 United Steelworkers of America has been designated and se=
lected by a majority of employees in the above unit as their repre-
sentative for the purposes of collective bargaining and -s the exclu-
sive representative of all employees in said unit within the meaning
of Section 9 (a) of the,Act ,
CERTIFICATION OF REPRESEN IATIITES
By virtue of and pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) of the National Labor Re-
lations Act,
IT Is HEREBY CERTIFIED that United Steelworkers of America has
been designated and selected by a majority of all employees' in the
Minneapolis plant, Minneapolis, Minnesota, and the Shiffier plant,
Pittsbui gh, Pennsylvania, excluding salaried or clerical employees,
draftsmen, drafting engineers and designers, foremen, assistant fore-
men, supervisors in charge of any classes of labor, watchmen, and
guards, and further excluding the truck drivers of the Minneapolis
plant and the employees of the Erection Department Tool House'
adjacent to the Shiffiei plant, as then representative for the purposes
of collective bargaining and that, pursuant to Section 9 (a) of the
Act, United Steelworkers of Amenca is the exclusive representative
of all such employees for the purposes of collective bargaining with
respect to rates of pay, wages, hours of employment, and other con-
ditions of employment
The panties stipulated that the Board may in its Decision and Ceitiecation determine
that thoae plants in -,xhich the Union receives a maionty of the valid ballots cast shall
comprise a single appiopiiate unit and that the Board may certify the Union as the
exclusne collective baigammg repiesentatine for said single appiopriate,unit