Lancaster Iron Works, Inc.

National Labor Relations Board - Board Decisions

Jul 26, 1944

57 N.L.R.B. 678 (N.L.R.B. 1944)

C
I
In the Matter of LANCASTER IRON WORKS, INC. and UNITED STEEL-
WORKERS OF AMERICA , C. I. O.
Case No. 4-R-1454.-Decided July 26, 1944
Mr. S. R. Zimmerman, of Lancaster, Pa., for the Company.
Mr. Arthur F. Johnston, of York, Pa., for the C. I. O.
Mr. 1Villiam Danieron, of Lancaster, Pa., for the Machinists.
Mr. Jack Mantel, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon, a petition • duly filed by United Steelworkers of America,
C. I. 0., herein called the C. I. 0., alleging that a question affecting
commerce had arisen concerning the representation of employees of
Lancaster Iron Works, Inc., Lancaster, Pennsylvania, herein-called
the Company, the National Labor Relations Board provided for an
appropriate bearing-upon due notice before Eugene M. Purver, Trial
Examiner. Said hearing was held at Lancaster, Pennsylvania, on
June 22,1944. At the hearing, the Trial Examiner granted the motion
of International Association of Machinists,, A. F. of L., herein called
the Machinists, to intervene. The Company, the C. I. 0., and the
Machinists 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 an-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
Lancaster Iron Works, Inc., a Pennsylvania corporation, is engaged
at Lancaster, Pennsylvania, in the manufacture of iron and steel
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678
LANCASTER IRON WORKS, INC. 679
products. During the past year, approximately 35 percent of the raw
materials purchased by the Company was shipped to its plant at
Lancaster from, points outside the Commonwealth of Pennsylvania.
During the same period, approximately 75 percent of the Company's
finished-products, valued in excess of $100,000, was shipped to points
outside the Commonwealth.
The Company admits, and we find, that it is engaged in commerce '
within the meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
United Steelworker's of America, affiliated with the Congress of
"Industrial Organizations, is a labor organization admitting to niem-
,bership employees of the Company.
International Association of Machinists, affiliated with the Amer-
ican Federation of Labor, is a labor organization admitting-to mem-
bership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the C. I. O. as
the exclusive bargaining representative of its employees until the
C. I. O. has been certified by the Board in an,appropriate unit.
A statement of a Board agent, introduced into evidence at the
hearing, indicates that the C. I. O. represents a substantial number
of employees 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
We find, in substantial accordance with•the agreement of the parties,
that all employees at the North Plant Foundry of the Lancaster Iron
Works situated on or near Harrisburg Avenue, Lancaster, Pennsyl-
vania, excluding executives, foremen, watchmen, guards, office and
clerical employees, any employees'of the Lancaster Iron Works who,
are not employed in the North Plant Foundry, and any other- super-
visory employees 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 pur-
I The Board agent reported that the C I. 0 presented 30 application -for-membership
cards . Th. re are 65 employees in the appropriate unit. 7
At the h wring, the Machinists presented to the Trial Examiner 12 authorization cards.
The Trial -Examiner reported that the names on the 12 cards appeared on the Company's
pay roll for the period ending June 19, 1944.
'650 DECISIONS OF NATIONAL: LABOR RELATIONS BOARD
pose of collective bargaining within the meaning of Section 9 (b) of
the Act.
,V. THE DETERMINATION OF •REEPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among the em-
ployees 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 2 -
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 Lancaster Iron
Works, Inc., Lancaster, Pennsylvania, 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 Fourth 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 Regulations, 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 the 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 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 United
Steelworkers of America, affiliated with the 'Congress of, Industrial
Organizations; or by International Association of Machinists, affil-
iated with the American Federation of Labor, for the purposes of
collective bargaining, or by neither.
2 At the hearing , the C. I. O. requested that its name appear on the ballot as set forth
in the caption of the case . The Machinists requested that its name appear as "I. A. M.,
A. F. of L." The requests are,hereby granted.