American Steel Foundries

National Labor Relations Board - Board Decisions

Dec 4, 1943

53 N.L.R.B. 1093 (N.L.R.B. 1943)

In the Matter of AMERICAN STEEL FOUNDRIES (CAST ARMOR PLANT)
and UNITED STEELWORKERS OF AMERICA, LOCAL UNION 2776, C. I. O.
Case No. 13-B-1994.-Decided December 4, 1943
Pope & Ballard, by Mr. Charles B. Kaufman, of Chicago, Ill., and
Mr. Richard Cooper, of Chicago, Ill., for the Company.
Mr. John M. Mayerik, of Chicago, Ill., and Mr. Raymond C. Dixey,
of East Chicago, Ind., 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 United Steelworkers of America, Local
Union, 2776, C. I. 0., herein called the Union, alleging that a question
affecting commerce has arisen concerninthe representation of em-en
of American Steel Foundries, Cast Armor Plant, East Chicago,
Indiana, herein called the Company, the National Labor Relations
Board provided for an appropriate hearing upon due notice before
George F. Freudenthal, Jr., Trial Examiner. Said hearing was held
at Chicago, Illinois, on November 17, 1943. The Company and the
Union appeared, participated, and were afforded full opportunity to
be 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 af-
firmed. 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. THE BUSINESS OF THE COMPANY.
American Steel Foundries is a New Jersey corporation operating
plants in the States of Illinois, Ohio, Indiana, Pennsylvania, and New
Jersey. We are here concerned with its Cast Armor Plant at East
53 N. L . R. B., No. 203.
1093,
1094 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Chicago, Indiana, where it is engaged in the manufacture of tank
castings , gun mounts, and railroad castings. During the 12-month
period ending October 31, 1943, the Company purchased raw materials
for use at its Cast Armor Plant valued in excess of $1,000,000, ap-
proximately 75 percent of which was shipped to it from points outside
the State of Indiana. During the same period the Company sold
products from its Cast Armor Plant valued in excess of $2,000,000 over
90 percent of which was shipped to points outside the State of Indiana.
The Company admits, for the purpose of this proceeding, that it is
engaged in commerce within the meaning of the National Labor Re•
lations Act.
II. THE ORGANIZATION INVOLVED
United Steelworkers of America, Local Union 2776, is, a labor or-
ganization affiliated with the Congress of Industrial Organizations,
admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On August 2, 1943, the Union requested the Company to recognize
it as the exclusive collective bargaining representative of certain em-
ployees at the Cast Armor Plant. The Company refused this request.
A statement of the Regional Director, 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 agreement with a stipulation of the parties, that all
salaried clerical, telephone, and escort employees at the Cast Armor
Plant of the Company at East Chicago, Indiana, excluding employees
of the personnel department (but not escort employees), confidential,
administrative, professional, and technical employees, salary pay-roll
clerks, time-study technicians, draftsmen, and all supervisory em-
ployees with authority to hire, 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.
'The Regional Director reported that the Union presented 86 membership application
cards bearing apparently genuine signatures of persons whose names appear on the Com-
pany's pay roll of August 10, 1943. There are approximately 225 employees in the appro-
priate unit.
AMERICAN STEEL FOUNDRIES 1095
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.
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, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with American Steel
Foundries, Cast Armor Plant, East Chicago, 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 Director 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 Regu-
lations, 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 United
Steelworkers of America, Local Union 2776, C. I. 0., for the purposes
of collective bargaining.