DeKalb Works, American Steel and Wire Company of New Jersey

National Labor Relations Board - Board Decisions

Sep 15, 1942

43 N.L.R.B. 1403 (N.L.R.B. 1942)

In the Matter of CYCLONE FENCE DIVISION, DEKALB WORKS, AMERICAN
STEEL AND WIRE COMPANY OF NEW JERSEY and LOCAL UNION No. 2722,
UNITED STEELWORKERS OF AMERICA, AFFILIATED WITII THE C. I. O.
Case No. R-4229.-September 15, 19.42
Investigation and Certification of Representatives : stipulation for certification
upon consent election.
Mr. Charles A. Graham, for the Board.
Mr. Paul R. Conaghan, for the Company.
Mr. John J. Brownlee, of Chicago, Ill., for the Union.
Mr. Seymour J. Spelman, of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
On July 24, 1942, Local Union No. 2722, United Steelworkers of
America, affiliated with the C. I. 0., herein called the Union, filed
with the Regional Director for the Thirteenth Region (Chicago,
Illinois) a petition alleging that a question affecting commerce had
arisen concerning the representation of emplpyees of Cyclone Felice
Division, DeKalb Works, American Steel and Wire Company of New
Jersey, herein called' the Company, engaged in the manufacture of
wire screen and hardware cloth at DeKalb, Illinois, and requesting an
investigation and certification of representatives pursuant to Section
9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called
the Act. On August 12, 1942, the Company, the Union, and the Re-
gional Director entered into a "STIPULATION FOR CONSENT ELECTION
AND CERTIFICATION BY N ^TIONAL LABOR RELATIONS BOARD." On August
14, 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
Director to conduct it and to provide for an appropriate hearing upon
due notice.
Pursuant to the stipulation, an election by secret ballot was conducted
on August 19, 1942, under the direction and supervision of the Re-
43 N. L. R. B., No 225
C
1403
1404 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
gional Director, among all production and maintenance employees
at the Company's plant at DeKalb, Illinois, except salaried employees,
foremen, assistant foremen, supervisors in charge of any classes of
labor, or watchmen, guards, confidential clerical employees regard-
less of method of compensation (but not excluding other clerical em-
ployees on an hourly wage-rate basis), to determine whether or not
they desired to be represented by the Union. On August 20, 1942, the
Regional Director issued and duly served upon the parties an Election
Report on the ballot. No objections to the conduct of the ballot or
the Election Report have been filed by any of the parties.
In his Election Report, the Regional Director reported as follows
concerning the balloting and,its results :
Total on eligibility list_____________________________________ 116
Total ballots cast___________________________________________ 110
Total ballots challenged_____________________________________ 0
Total blank ballots----------------------------------------- 0
Total void ballots___________________________________________ 0
Total valid ballots counted__________________________________ 110
Votes cast for Local Union No 2722, United Steelworkers of
America, affiliated with the C. I. 0 ------------------------ 99-
Votes cast, against Local Union No 2722, United Steelworkers
of America, affiliated with the C. I. 0----------------------- 11
Upon the basis of the stipulation, the Election Report, and the
entire record in the case, the Board makes the following:
FINDINGS OF FACT
-
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of Cyclone Fence Division, DeKalb Works,
American Steel and Wire Company of New Jersey, DeKalb; Illinois,
within the meaning of Section 9 (c) and Section 2 (6)' and (7)
of the National Labor Relations Act.
2. All production and maintenance employees at the Company's
plant in DeKalb, Illinois, excluding salaried employees, foremen,
assistant foremen, supervisors in charge of any classes of labor, or
watchmen, guards, confidential clerical employees regardless of
method of compensation (but not excluding other clerical employees
on an hourly wage-rate basis), constitute a unit appropriate for the
purposes of collective bargaining within the meaning of Section 9 (b)
of the National Labor Relations Act.
3. Local Union No. 2722, United Steelworkers of America, affiliated
with the C. I. 0., has been designated and selected by a majority of
the employees in the above unit as their representative for the pur-
poses of collective bargaining, and is the exclusive representative of
all employees in said unit within the meaning of Section 9 (a) of the
National Labor Relations Act.
CYCLONE FENCE DIVISION - 1405
CERTIFICATION OF REPRESENTATIVES
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,
IT IS HEREBY CERTIFIED that Local Union No., 2722, United Steel-
workers of America, affiliated with the C. I. 0., has been designated
and selected by a majority of all production and maintenance em-
ployees employed by Cyclone Fence Division, DeKalb Works, Ameri-
can Steel and Wire Company of New Jersey, at its plant in DeKalb,
Illinois, but excluding salaried employees, foremen, assistant foremen,
supervisors in charge of any classes of labor, or watchmen, guards,
confidential clerical employees regardless of method of compensation
(but not excluding other clerical employees on an hourly wage-rate
basis), as their representative for the purposes of collective bargain-
ing and that, pursuant to Section 9 (a) of the Act, Local Union No.
2722, United Steelworkers of America, affiliated with the C. ,I. O.,
is' the exclusive representative of all such employees for the purposes
of collective bargaining in respect to rates of pay, wages, hours of
employment, and other conditions of employment.