Eureka Iron Works, Inc.

National Labor Relations Board - Board Decisions

Apr 10, 1946

67 N.L.R.B. 229 (N.L.R.B. 1946)

In the Matter of EUREKA IRON WORKS, INC. and SHOPMEN's LOCAL 545,
INTERNATIONAL ASSOCIATION OF BRIDGE, STRUCTURAL & ORNAMENTAL
IRON WORKERS, AFL
Case No.2-R-6003.Decided April 10, 1946
Mr. Daniel Oppenheim, of Newark, N. J., for the Company.
Messrs. Joseph P. Dunn and George A. Costello, of Newark, N. J.,
for the AFL.
Mr. Maurice Margolies, of Newark, N. J., for the Independent.
Mr. Herbert J. Nester, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon an amended petition duly filed by Shopmen's Local 545, Inter-
national Association of Bridge, Structural & Ornamental Iron Work-
ers; AFL, hereinafter called the AFL, alleging that a question affect
ing commerce has arisen concerning the representation of employees
of Eureka Iron Works, Inc., Elizabeth, New Jersey, hereinafter called
the Company, the National Labor Relations Board provided for an
appropriate hearing upon due notice before Richard J. Hickey, Trial
Examiner. The hearing was held at Newark, New Jersey, on Feb-
ruary 15 and 18, 1946. The Company, the AFL, and Independent
Iron Workers of the Eureka Iron Works Union, Inc., hereinafter
called the Independent, appeared and participated. All parties 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 affirmed. 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
1. THE BUSINESS OF THE COMPANY
Eureka Iron Works, Inc., a New Jersey corporation, has its principal
office and plant located in Elizabeth, New Jersey, where it is engaged
67 N. L. R. B, -No. 31.
229
230 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
in the fabrication of metals and the maintenance of a metal works.
During the past year, the Company purchased raw materials valued
in excess of $25,000, of which approximately 10 percent was shipped
from places outside the State of New Jersey to its Elizabeth plant.
During the same period, the Company sold finished products valued
in excess of $250,000, of which approximately 4 percent was shipped
to places outside the State of New Jersey.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
H. THE ORGANIZATIONS INVOLVED
Shopmen's Local 545, International Association of Bridge, Struc-
tural & Ornamental Iron Workers, is a labor organization affiliated
with the American Federation of Labor, admitting to membership
employees of the Company.
Independent Iron Workers of the Eureka Iron Works Union, Inc.,
is an independent labor organization admitting to membership em-
ployees of the Company.
III. TILE QUESTION CONCERNING REPRESENTATION
On or about October 20, 1945, the AFL notified the Company that it
represented a majority of the Company's employees and requested
recognition as their exclusive bargaining representative. The Com-
pany refused to grant such recognition to the AFL because of its exist-
ing contract with the Independent.,
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that the AFL represents a substantial number of em-
ployees in the unit hereinafter found 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
The AFL requests a unit comprised of all production and mainte-
nance employees, including welders, burners, machinists, maintenance
men, truck drivers, crane operators, and shipping and receiving em-
ployees, but excluding office employees, watchmen, supervisors, general
foreman, foremen, and all other supervisory employees with authority
^ Neither the Company nor the Independent alleged that the contract is a bar to the
instant proceeding
2 The Field Examiner reported that the A F of L . submitted 22 application cards ; that
the names of 18 persons appearing on the cards were listed on the Company's pay roll of
Octobei 31, 1945, which contained the names of 24 employees in the appropriate unit.
'1`he Independent claims an interest herein by virtue of its contract with the Company.
EUREKA IRON WORKS, INC. 231
to hire, promote, discharge, discipline, or otherwise effect changes in
the status of employees, or effectively recommend such action. The
Company agrees with the AFL as to the composition of the foregoing
unit. The Independent, however, would include the plant supervisors,
the general foreman, and all foremen.
Evidence is clear that the plant supervisor, the general foreman and
the foremen 3 all have supervisory authority within the Board's cus-
tomary definition thereof. Accordingly, we shall exclude them from
the unit.
We find that all production and maintenance employees, including
welders, blacksmiths, burners, machinists, maintenance men, truck
drivers, crane operators, and shipping and' receiving employees, but
excluding the plant supervisors, the general foreman, foremen 4 and
rill other supervisory employees with authority to hire, promote, dis-
charge, discipline, or otherwise effect changes in the status of em-
ployees, or effectively recommend such action, constitute a unit appro-
priate for the purposes of collective bargaining within the meaning
of Section 9 (b) of the Act.
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 employees
in the appropriate unit who were employed during the pay-Toll period
immediately preceding the date of the Direction of Election herein,
;ub^ect 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 3, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Eureka Iron
Works, Inc., Elizabeth, New Jersey, 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 Second Region, acting in this matter
as agent for the National Labor Relations Board, and subject to Ar-
ticle III, Sections 10 and 11, of said Rules and Regulations, among
employees in the unit found appropriate in Section IV, above, who
s The record reveals that one George Glett , who is classified as a foreman in the black-
smith's shop, is engaced solely in pioduction duties and has no employees under his
supervision we shall include him in the unit
, Excluding George Glett
232 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 of, and including employees in the armed forces of the United
States who present themselves in person at the polls, but excluding
those employees 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 they desire to be represented by Shopmen's Local
545, International Association of Bridge, Structural & Ornamental
Iron Workers, AFL, or by Independent Iron Workers of the Eureka
Iron Works Union, Inc., for the purposes of collective bargaining, or
by neither.