Lewis Steel Products Corp.

National Labor Relations Board - Board Decisions

May 15, 1940

23 N.L.R.B. 793 (N.L.R.B. 1940)

In the Matter of LEWIS STEEL PRODUCTS CORP.' and LOCAL 1225 of
THE UNITED ELECTRICAL, RADIO & MACHINE WORKERS OF AMERICA,
C. I. O.
Case No. R-1793.-Decided May 15, 1940
Steel Kitchen Cabinet Manufacturing Industry-Investigation of Representa-
tives: controversy concerning representation of employees : rival organizations-
Contract: for 2-year period, of which more than one year has elapsed, no bar
to investigation or certification of representatives-Unit Appropriate for Col-
lective Bargaining: all employees exclusive of officers , plant superintendents,
foremen , foreladies, errand boys, sweepers , office and clerical workers, and
designers ; stipulation as to-Election Ordered
Mr. Martin I. Rose, for the Board.
Kotzen, Mann cC Siegel, by Mr. Joseph Yaspan, of New York
City, for the Company.
Mr. Frank Scheirer, of New York City, for the U. E. R. M. W.
Mr. Nathan C. Caress, of New York City, for Local No. 18943.
Mr. Leo B. Fee, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On February 10, 1940, Local 1225 of the United Electrical, Radio
& Machine Workers of America, C. I. 0., herein called the
U. E. R. M. W., filed with the Regional Director for the Second
Region (New York City), a petition alleging that a question affect-
ing commerce had arisen concerning the representation of employees
of Lewis Steel Products Corp., Brooklyn, New York, herein called
the Company, 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 March 15,
1940, 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
' Incorrectly designated in the petition as Lewis Steel Products Corporation. At the
hearing the petition was amended to indicate the correct name.
23 N. L. R. B., No. 83.
793
794 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
2, as amended, ordered an investigation and authorized the Regional
Director to conduct it and to provide for an appropriate hearing
upon due notice.
On March 25, 1940, the Regional Director issued a notice of hear-
ing, copies of which were duly served upon the Company, the
U. E. R. M. W., and Wholesale Hardware, Crockery & House-
furnishing Specialties Union, Local No. 18943, A. F. of L., herein
called Local No. 18943, a labor organization claiming to represent
employees directly affected by the investigation. Pursuant to notice,
a hearing was held on April 8, 1940, at New York City before Her-
-bert Wenzel, the -Trial Examiner duly designated by the Board.
'The Board, the Company, and the U. E. R. M. W. were represented
by counsel; Local No. 18943, by its business manager; all participated
,in the hearing. Full opportunity to be heard, to examine and cross-
examine witnesses, and to introduce evidence bearing on the issues
was afforded all parties. During the course of the hearing the
Trial Examiner made several rulings on motions and on objections
-to the admission of evidence. The Board has reviewed the rulings
of the Trial Examiner and finds that no prejudicial errors were
committed. The rulings are hereby affirmed.
Upon the entire record in the proceeding, the Board makes the
following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Lewis Steel Products Corp., a New York corporation having its
principal office and plant in Brooklyn, New York, is engaged in the
manufacture, sale, and distribution of steel kitchen cabinets. Dur-
ing the year 1939 the Company purchased raw materials of a value
,of approximately $120,782.00, of which approximately s/5 of 1 per
cent were purchased and shipped to the Company from points out-
side the State of New York. One of the principal raw materials
used by the Company is steel, all of which is purchased from Green-
berg Brothers Iron & Steel Corporation, Brooklyn, New York, herein
called Greenberg Brothers, a New York corporation whose stock-
holders and officers, with one exception, are identical with those of
the Company. During the year 1939 more than 50 per cent of the
steel purchased by Greenberg Brothers was shipped to its place of
business from points outside the State of New York. During the
same year the Company purchased steel from Greenberg Brothers
of a value of $88,241.32.
During the year 1939 the Company manufactured products of a
value of approximately $218,247.00, of which approximately 20 per
cent were sold and shipped to points outside the State of New York.
LEWIS STEEL PRODUCTS CORPORATION 795
II. THE ORGANIZATIONS INVOLVED
Local 1225 of the United Electrical, Radio & Machine Workers of
America, C. I. 0., is a labor organization, affiliated with the Con-
gress of Industrial Organizations, admitting to its membership
employees of the Company.
Wholesale Hardware, Crockery & Housefurnishing Specialties
Union, Local No. 18943, A. F. of L., is a labor organization, affiliated
with the American Federation of Labor, admitting to its member-
ship employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On February 18, 1939, in settlement of a strike of employees of
the Company, Local No. 18943 and the Company entered into a
closed-shop contract covering all employees of the Company, exclu-
sive of "plant superintendents, foremen, foreladies (sic), errand boys,
sweepers, office and clerical workers and designers," for a term
expiring on February 28, 1941.
At the hearing the U. E. R. M. W. claimed that a majority of the
employees of the Company are now its members and, in support
thereof, introduced into evidence membership application cards,
dated between February 5 and March 27, 1940, signed by 54 of the
64 employees whose names appear on the Company's pay roll of
April 3, 1940, exclusive of officers, plant superintendents, foremen,
foreladies, errand boys, sweepers, office and clerical workers, and
designers.
On February 16, 1940, the U. E. R. M. W. wrote a letter to the
Company, claiming to represent a majority of the employees of the
Company and requesting a conference with representatives of the
Company. Thereafter, the Company informed the U. E. R. M. W.
that due to the existing contract with Local No. 18943 it could not
recognize the U. E. R. M. W.
At the hearing the Company and Local No. 18943 contended that
the contract of February 18, 1939, constitutes a bar to an investiga-
tion and certification of representatives. Inasmuch, however, as the
contract has already been in effect for more than a year, we find that
it does not constitute such a bar.2
We find that a question has arisen concerning the representation
of employees of the Company.
2 See Matter of Metro-Goidiayn-Mayer Studios, and Motion Picture Producers Assn., et al.
and Screen Writers' Guild, Inc., 7 N. L. R. B. 662; and Matter of Columbia Broadcasting
System, Inc. and American Communications Association (Formerly American Radio Teleg-
raphists' Association), 8 N. L. R. B. 608.
796 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPOI
COMMERCE
We find that the question concerning representation which has
arisen, occurring in connection with the operations of the Company
described in Section I above, has a close, intimate, and substantial
relation to trade, traffic, and commerce among the several States,
and tends to lead to labor disputes burdening and obstructing com-
merce and the free flow of commerce.
V. THE APPROPRIATE UNIT
At the hearing the parties stipulated that the appropriate unit
consists of all employees of the Company exclusive of officers, plant
superintendents, foremen, foreladies, errand boys, sweepers, office
and clerical workers, and designers. We see no reason for departing
from the unit agreed upon.
We find that all employees of the Company, exclusive of officers,
plant superintendents, foremen, foreladies, errand boys, sweepers,
office and clerical workers, and designers, constitute a unit appro-
priate for the purposes of collective bargaining and that said unit
will insure to employees of the Company the full benefit of their
right to self-organization and to collective bargaining and otherwise
effectuate the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
We find that the question which has arisen concerning representa-
tion can best be resolved by an election by secret ballot.
We shall direct that the employees within the appropriate unit
who were employed by the Company during the pay-roll period
immediately preceding the date of our Direction of Election, includ-
ing those who did not work during said pay-roll period because they
were ill or on vacation, and employees who were then or have since
been temporarily laid off, but excluding those who have since quit or
been discharged for cause, shall be eligible to vote in the election.
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following :
CONCLUSIONS OF LAW
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of Lewis Steel Products Corp., Brooklyn,
New York, within the meaning of Section 9 (c) and Section 2 (6)
and (7) of the Act.
LEWIS STEEL PRODUCTS CORPORATION 797
2. All employees of the Company exclusive of officers, plant super-
intendents, foremen, foreladies, sweepers, errand boys, office and
clerical workers, and designers, constitute a unit appropriate for the
purposes of collective bargaining, within the meaning of Section
9 (b) of the Act.
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 Rela-
tions Act and pursuant to Article III, Section 8, of National Labor
Relations Board Rules and Regulations-Series 2, as amended, it is
hereby
DIRECTED that, as part of the investigation authorized by the
Board to ascertain representatives for the purposes of collective bar-
gaining with Lewis Steel Products Corp., Brooklyn, New York, 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 of
Election, 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 Article III, Section 9, of said
Rules and Regulations, among all employees of Lewis Steel Products
Corp., Brooklyn, New York, who were employed by it during the
pay-roll period immediately preceding the date of this Direction, in-
cluding those who did not work during such pay-roll period because
they were ill or on vacation and employees who were then or have.
since been temporarily laid off, but excluding officers, plant super-
intendents, foremen, foreladies, sweepers, errand boys, office and
clerical workers, designers, and those who have since quit or been
discharged for cause, to determine whether they desire to be repre-
sented by Local 1225 of the United Electrical, Radio & Machine
Workers of America, C. I. 0., or Wholesale Hardware, Crockery &
Housefurnishing Specialties Union, Local No. 18943, A. F. of L., for
the purposes of collective bargaining, or by neither.