National Traffic Guard Co.

National Labor Relations Board - Board Decisions

Sep 18, 1942

44 N.L.R.B. 151 (N.L.R.B. 1942)

In the Mattel' Of NATIONAL TRAFFIC GUARD COMPANY and UNITI':D
STEELWORKERS OF A31EIlICA
Case No. R-4259.Decided September 18, 1942
Jurisdiction : steel products manufacturing industry
Investigation and Certification of Representatives : existence of question : Coln-
pany's doubt of union's claim of majority; election necessary.
Unit Appropriate for Collective Bargaining : production and maintenance em-
ployees, excluding guards and clerical and supervisory employees.
Mr. W. K. Meadow, of Atlanta, Ga., for the Company.
Mr. W. H. Crawford, of Atlanta, Ga., for the Union.
Mr. Louis Co/cin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by United Steelworkers of America, here-
in called the Union, alleging that a question affecting commerce
had arisen concerning the representation of employees of National
Traffic Guard Company, Atlanta, Georgia, herein called the Company,
the National Labor Relations Board provided for an appropriate hear-
ing upon due notice before Alexander E. Wilson, Jr., Trial Examiner.
Said hearing was held at Atlanta, Georgia, on September 8, 1942.
The Company and the Union appeared, participated, and were af-
forded' full opportunity to be heard, to examine and cross-examine
witnesses, and to introduce evidence bearing on the issue. The Trial
Examiner's rulings made at the hearing are free from prejudicial
error and are hereby affirmed.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
National Traffic Guard Company is engaged in the manufacture of
steel products at Atlanta, Georgia. During 1941, the Company pur-
chased raw materials valued at about $100,000, approximately 75
44N L R B, No 27.
151
152 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
percent of which was shipped to it from outside Georgia . During the
same period the Company sold finished products valued at about
$150,000, approximately 60' percent of which was shipped out of -
Georgia.
II. TFIL ORGANIZATION INVOLVED
United Steelworkers of America is a labor organization affiliated
with the Congress of Industrial Organizations, admitting to Inember-
ship employees of the Company.
111. THE QUESTION CONCI:RNING REPRESENIAIION
During August 1942 the Union requested the Company to recognize
it as the exclusive representative of the Company's employees. The
Company replied that it doubted the Union's claim to a majority.
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 National Labor
Relations Act. -
1V. TIIE APPROPRIATE UNIT
The Union contends that all production and maintenance employees
of the Company, excluding guards and clerical and supervisory em-
ployees,'constitute an appropriate unit. The Company took no position
with respect to the unit. -
We find that all production and maintenance employees of the Com-
pany, excluding guards and clerical and supervisory employees, consti-
tute a unit appropriate for the purpose of collective bargaining, within
the meaning of Section 9 (b) of the Act.
V. IHE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret-ballot aniong 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.
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,
-49 Stat. 449 , and pursuant to Article III, Section 8, of'National Labor'
Relations Board Rules and Regulations-Series 2, as amended, it is
hereby
NATIONAL TRAFFIC GUARD COMPANY 153
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with National Traffic
Guard Company, Atlanta, Georgia, 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 Tenth 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 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 any such employees who did not work during
said pay-roll period because they were ill or on vocation or in the active
military service or,training of the United States, or temporarily laid
off, but excluding any who have since quit or been discharged for
cause, to determine whether or -not they desire to be represented by
United Steelworkers of America, affiliated with the Congress of Indus-
trial Organizations, for the purposes of collective bargaining.
MR. WM. M. LEISERSON took no part in the consideration of the
above Decision and Direction of Election.
In the Matter of NATIONAL TRAFFIC GUARD COMPANY M d UNITED
- STEELWORKERS OF AMERICA
Case No. B-4259
ORDER PERMITTING WITHDRAWAL OF PETITION
October 12, 19412
The Board having, on September 18, 1942, issued a Decision and
Direction of Election 1 in the above-entitled case, and, thereafter, by
letter dated October 1, 1942, United Steelworkers of America having
requested that an extension of 30 days be granted for the holding of the
election, or, in the alternative, that it be allowed to withdraw its peti-
tion, and the Board having duly considered the matter,
IT IS HEREBY ORDERED that the request for an extension of time in
Which to hold the election be, and it hereby is, denied; and
IT IS FURTHER ORDERED that the request of the petitioner to withdraw
its petition in the above-entitled proceeding be, and it hereby is,
granted, and that the aforesaid case be, and it hereby is, closed.
144 N . L. R. B. 151.
44 N. L. R. B., No. 27a.
154