Kansas City Structural Steel Co.

National Labor Relations Board - Board Decisions

Mar 29, 1940

22 N.L.R.B. 58 (N.L.R.B. 1940)

In the Matter of KANSAS CITY STRUCTURAL STEEL COMPANY and THE
INTERNATIONAL ASSOCIATION OF BRIDGE, STRUCTURAL & ORNAMENTAL
IRON WORKERS, SHOPMEN WORKERS, LOCAL 520, AFFILIATED WITH THE
AMERICAN FEDERATION OF LABOR
Case No. R-1589
SUPPLEMENTAL DECISION
AND
ORDER
March 29, 1940
On December 13, 1939, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Election in the
above-entitled proceeding.' The Direction of Election provided that
an election by secret ballot be conducted as early as possible but not
later than 30 days from the date of this Direction of Election, under
the direction and supervision of the Regional Director for the Seven-
teenth Region, among all production and maintenance employees in
the operating department, employed in the Company's Kansas City
plant, who were on the seniority list of the Company on October 16,
1939, or who had been in the employ of the Company within 12 months
of that date but were not on the Company's seniority list of October
16, 1939, because they had been granted leaves of absence during that
12-month period or who had been hired by the Company between
October 16, 1939, and the date of the Direction, but excluding office
employees, salesmen, foremen who have the right to hire and discharge,
foremen who perform no other work or duties than the direction of the
work of other employees, truck drivers, watchmen, janitors, and super-
intendents, and also excluding any who had since October 16, 1939,
quit or been discharged for cause, to determine whether or not they
desired to be represented, for the purposes of collective bargaining,
by The International Association of Bridge, Structural & Ornamental
Iron Workers, Shopmen Workers, Local 520, affiliated with the Ameri-
can Federation of Labor.
Pursuant to the Direction of Election, an election by secret ballot
was conducted on January 11, 1940, under the direction and super-
118 N. L . R. B 291.
22 N. L . R. B., No. 8.
58
KANSAS CITY STRUCTURAL STEEL COMPANY 59
vision of the Regional Director for the Seventeenth Region ( Kansas
City, Missouri ). On January 12, 1940, the Regional Director, acting
pursuant to Article III, Section 9, of National Labor Relations Board
Rules and Regulations-Series 2, issued and duly served upon the
parties an Election Report containing a tally of the ballots. In his
report the Regional Director certified that the ballot was fairly and
impartially conducted, that the ballots cast were duly and fairly
counted under his supervision, and that there had been filed with him,
by the tellers, statements to that effect.
As to the balloting and its results, the Regional Director reported
the following :
Total number on eligibility list------------------------------- 148
Total number of ballots cast---------------------------------- 142
Total number of ballots challenged --------------------------- 6
Total number of blank ballots-------------------------------- 0
Total number of void ballots--------------------------------- 0
Total number of valid votes cast------------------------------ 136
Total'-niimber of votes cast for The International Association
of Bridge , Structural & Ornamental Iron Workers, Shopmen
Workers, Local 520, affiliated with the American Federation
of Labor-------------------------------------------------- 51
Total number of votes cast against The International Association
of Bridge , Structural & Ornamental Iron Workers, Shopmen
Workers, Local 520, affiliated with the American Federation
of Labor-------------------------------------------------- 85
The results show that no collective bargaining representative has
been selected, and it is unnecessary to pass upon the six challenged bal-
lots since they would have no effect upon the result of the election.
On January 18, 1940, The International Association of Bridge,
Structural & Ornamental Iron Workers, Shopmen Workers, Local 520,
affiliated with the American Federation of Labor, herein called the
Iron Workers, filed objections to the Election Report of the Regional
Director, requesting that the election be set aside on the ground that
by various acts the Kansas City Structural Steel Company, herein
called, the. Company, had exercised undue influence, coercion, and in-
timidation to induce its employees to vote against the Iron Workers.
On February 13, 1940, the Regional Director, acting pursuant to
Article III, Section 9, of National Labor Relations Board Rules and
Regulations-Series 2, as amended, issued and duly served upon the
parties a Report on Objections to the Election Report. In his Report
on Objections the Regional Director concludes that the Company com-
mitted certain acts designed to influence the election result, but states
that the representatives of the Iron Workers have advised him that
inasmuch as the Company has not complied with the Order of the
60 DECISIONS OF NATIONAL LABOR RELATIONS, BOARD
Board in Case No. C-815,' issued on April 20, 1939, they do not desire
another election at this time even if the objections to the election should
be sustained. The Regional Director, therefore, recommended in his
Report that the petition of the Iron Workers be dismissed without
prejudice to its right to refile a petition for investigation and certifica-
tion of representatives after compliance of the Company with the
Order of the Board in Case No. C-815, and after the effects of the
unfair labor practices found therein have been dissipated. Pursuant to
permission of the Board, the Company filed, on March 4, 1940, sugges-
tions relating to the Report of the Regional Director on Objections to
the ballot, concurring in most of the conclusions stated in the Report,
but contending that the Regional Director should have made findings
that none of the alleged acts were intimidating, coercive, or prejudicial
and further contending that the results of the election should neither
be set aside nor the objections be dismissed without prejudice. These
suggestions have been duly considered by the Board. Although some
of the objections of the Iron Workers to the election are sufficient, if
proved, to set aside the results of the election, in view of the fact that
the Iron Workers does not desire a new election at this time, we shall
overrule the objections and dismiss the petition of the Iron Workers
for investigation and certification of representatives without prejudice
to its right to file a new petition for investigation and certification of
representatives after compliance of the Company with the Order of the
Board in Case No. C-815, or after a reasonable period of time has
elapsed.
ORDER
By virtue of Section 9 (c) of the National Labor Relations Act,
49 Stat. 449, and pursuant to Article III, Sections 8 and 9, of National
Labor Relations Board Rules and Regulations-Series 2, as amended,
IT IS HEREBY ORDERED that the petition for investigation and certifica-
tion of employees of Kansas City Structural Steel Company,.Kansas
City, Kansas, filed by The International Association of Bridge, Struc-
tural & Ornamental Iron Workers, Shopmen Workers, Local 520, affili-
ated with the American Federation of Labor, be, and it hereby is,
dismissed without prejudice to the right to file a new petition for inves-
tigation and certification of representatives after compliance of the
Company with the Order of the Board in Case No. 0-815, or after a
reasonable period of time has elapsed.
2Matter of Kansas City Structural Steel Company and International A8sociatton of
Bridge, Structural and Ornamental Iron Workers , Shopmen Workers , Local 520, 12
N. L. R. B. 327.