Lincoln Steel Works

National Labor Relations Board - Board Decisions

Feb 28, 1946

66 N.L.R.B. 215 (N.L.R.B. 1946)

In the Matter of LINCOLN STEEL WORKS and UNITED STEELWORKERS
OF AMERICA , C. I. O.
Case No. 17-B-1245.-Decided February 28,1946
Mr. Earl T. Luff, of Lincoln, Nebr., for the Company.
Mr. C. N. Stover, of Omaha, Nebr., for the C. I. O.
Mr. G. F. Williams, of Lincoln, Nebr., for the A. F. L.
Mr. Phil E. Thompson, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE
Upon a petition duly filed by United Steelworkers of America,
C. I. 0., hereinafter called the C. I. 0., alleging that a question
affecting commerce had arisen concerning the representation of
employees of Lincoln Steel Works, Lincoln, Nebraska, herein called
the Company, the National Labor Relations Board provided for an
appropriate hearing upon due notice before Elmer L. Hunt, Trial
Examiner. The hearing was held at Lincoln, Nebraska, on October
31, 1945. The Trial Examiner granted a motion to intervene made by
Nebraska State Federation of Labor, affiliated with the A. F. L.,
hereinafter called the A. F. L. The Company, the C. I. 0., and
the A. F. L. appeared, participated, and were afforded full oppor-
tunity 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
Lincoln Steel Works, a Nebraska corporation with its principal
office and place of business in Lincoln, Nebraska, is engaged in the
66 N. L . R. B., No. 17.
215
216 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
fabrication of structural steel. During the first 6 months of 1945
the Company purchased raw materials valued in excess of $475,000,
of which 90 percent was shipped from points outside the State of
Nebraska. During the same period the Company manufactured
finished products valued in excess of $398,000, of which 70 percent
was shipped to points outside the State of Nebraska.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
United Steelworkers of America, affiliated with the Congress of
Industrial Organizations, is a labor organization admitting to mem-
bership employees of the Company.
Nebraska State Federation of Labor, affiliated with the American
Federation of Labor, is a labor organization admitting to member-
ship employees of the Company.
III. THE ALLEGED QUESTION CONCERNING REPRESENTATION
The Company has refused to recognize the C. I. O. as the exclusive
bargaining agent of its employees until it was certified by the Board
in an appropriate unit.
The Company contends that a prior consent election conducted
on July 14, 1945,1 in which the C. I. O. failed to obtain a majority,
should bar an election at this time. We have previously held that
a union which has lost one election and seeks another within a year
should make a showing of interest on the second occasion such as
will indicate that it has renewed and extended its organizational
efforts since the prior election .2 We do not find such'a showing in
the instant case . In fact, the present showing of interest by the
C. I. 0.3 has actually declined from its showing in the prior election
case s There is no evidence here that the petitioner's chances of
receiving a majority vote have improved so as to justify expenditure
of the Board's time and funds in the conduct of a second election
at this time. Under these circumstances, we conclude that a present
determination of representatives is not warranted, and we shall dis-
1 Case No . 17-R-1179. In this election the C. I. O. received 20 out of 40 valid votes cast.
1 Matter of World Publishing Company, 63 N. L, R. B. 462; Matter of Joseph Bancroft
& Bons Co ., 64 N. L. R. B. 74.
a The Field Examiner reported that the C. I. 0 submitted 19 signed membership cards
and that there are approximately 40 employees in the alleged appropriate unit.
' Prior to the previous consent election , the C. I. O. submitted 30 membership cards and
there were approximately 41 employees in the appropriate unit.
LINCOLN STEEL WORKS 217
miss the petition, without prejudice to the Union's right to file
another petition for representation nearer the anniversary date of
the first election.
ORDER
IT Is HEREBY ORDERED that the petition for investigation and cer-
tification of representatives of `employees of Lincoln Steel Works,
Lincoln, Nebraska, filed herein by United Steelworkers of America,
C. I. 0., be and it hereby is, dismissed.
I