Paper, Calmenson & Company

National Labor Relations Board - Board Decisions

Dec 6, 1938

10 N.L.R.B. 228 (N.L.R.B. 1938)

In the Matter of PAPER, CALMENSON & COMPANY and UNITED ELEC-
TRICAL, RADIO & MACHINE WORKERS OF AMERICA, LOCAL No. 1142
Case No. R-1017.-Decided December 6, 198
Steel Fabricating Industry-Investigation of Representatives: controversy
concerning representation of employees : controversy concerning appropriate
unit ; rival organizations ; employer refused to sign new agreement as it did
not know what union was the proper bargaining representative of the em-
ployees-Unit Appropriate for Collective Bargainmg: all employees, exclusive
of executives , clerical and supervisory employees , watchmen , and truck drivers.
Election Ordered
Mr. Lee Loevinger, for the Board.
Mr. Ralph, L. Helstein, of Minneapolis, Minn., for the United.
Mr. Earl Martin and Mr.-Paul Kohls, of St. Paul, Minn., for the
International.
Mr. George Rose, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On June 15, 1938, United Electrical, Radio & Machine Workers,
Local No. 1142, affiliated with the Committee for Industrial Organi-
zation, herein called the United, filed with the Regional Director for
the Eighteenth Region (Minneapolis, Minnesota) a petition alleging
that a question affecting commerce had arisen concerning the repre-
sentation of employees of Paper, Calmenson & Company, St. Paul,
Minnesota , herein called the Company, and requesting an investiga-
tion and certification of representatives pursuant to Section 9 (c) of
the National Labor Relations Act, 49 Stat. 449, herein called the
Act. On July 6, 1938, 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 1, as amended, ordered an investigation and
authorized the Regional Director to conduct it and to provide for an
appropriate hearing upon due notice.
On July 30, 1938, the Regional Director issued a notice of hearing,
copies of which were duly served upon the Company, upon the
10 N. L. R. B. No. 17.
228
DECISIONS AND ORDERS 229
United, and upon the International Association of Bridge, Structural
and Ornamental Iron Workers, Local No. 535, affiliated with the
American Federation of Labor, herein called the International, a
labor organization claiming to represent employees-directly affected
by the investigation. Pursuant to the notice, a hearing was held on
September 15, 1938, at St. Paul, Minnesota, before Henry W.
Schmidt, the Trial Examiner duly designated by the Board. At the
hearing the International filed a motion to intervene which was al-
lowed by the Trial Examiner. The Board and the United, repre-
sented by counsel and the International, by representatives, partici-
pated 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 com-
mitted. The rulings are hereby affirmed.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Paper, Cabnenson & Company is a Minnesota corporation, having
its principal office in St. Paul, Minnesota, and operating plants at
St. Paul and Duluth,' Minnesota. Only the St. Paul plant is involved
in the present proceeding. At this plant, the Company is engaged
principally in stocking, bending, and fabricating structural steel
plates and sheets, bar stock, and other kinds of steel. Approximately
40 per cent of the raw materials used at the St. Paul plant are ob-
tained from States other than Minnesota. Approximately 10 per
cent of the products of the St. Paul- plant are shipped outside the
State of Minnesota.
The gross business of the Company at the St. Paul plant is ap-
proximately $800,000 a year. Normally, between 40 and 50 produc-
Lion and maintenance workers are employed, exclusive of clerical,
supervisory, and executive employees.
II. THE ORGANIZATIONS INVOLVED
United Electrical , Radio & Machine Workers , Local No. 1142, is a
labor organization affiliated with the Committee for Industrial Or-
ganization , apparently admitting to its membership all employees of
the Company at its St. Paul plant , excluding executives, office em-
ployees, - watchmen , and persons employed in a supervisory capacity.
The International Association of Bridge, Structural and Orna-
mental Iron Workers, Local No. 535, is a labor organization affiliated
147841-39-vol. 10-16
230 NATIONAL LABOR RELATIONS BOARD
with the American Federation of Labor, apparently admitting to its
membership all skilled employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
About May 1937, the Amalgamated Association of Iron, Steel and
Tin Workers of North America began organizational activities
among employees of the Company, and on May 24 signed a closed-
shop contract with the Company covering all the employees at the
St. Paul plant, excluding executives superintendents, clerical em-
ployees, and watchmen. The agreement, effective until June 30, 1938,
recognized the Amalgamated as exclusive bargaining representative
and contained numerous provisions relative to wages, hours, and
other conditions of employment. About December 1937 the Amal-
gamated relinquished jurisdiction over the employees at the St. Paul
plant to the United and the United assumed the position of the
Amalgamated under the closed-shop contract. On June 29, 1938, a
national representative of the United conferred with the president
of the Company regarding a new contract. Since the International
had a short time prior thereto begun to organize employees at the
St. Paul plant, the president of the Company refused to sign a new
agreement on the ground that he did not know what union was the
proper bargaining representative of the employees. However, upon
threat of a strike by the United, the Company signed a stipulation
-with the United agreeing that until further notice provisions relative
to wages, hours, and seniority set forth in the contract of May 24,
1937, would be maintained and the United would be recognized to
handle any grievances.
As noted above, the United, on June to, 1938, filed a petition alleg-
ing that a question affecting commerce had arisen concerning the
representation of the employees of the Company. The Company
states that it is willing to deal with any duly authorized bargaining
representatives.
We find that a question has arisen concerning representation of
the employees of the Company.
IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON
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 commerce
and the free flow of commerce.
DECISIONS AND ORDERS
V. THE APPROI'RIATE UNIT
231
The United claims that all the employees of the Company, exclud-
ing executives, office employees, the superintendent, watchmen, truck
drivers, and persons employed in a supervisory capacity, constitute
an appropriate bargaining unit. The International contends, on the
other hand, that the unit should be limited to skilled workers in the
fabricating and structural departments and other skilled workers
who take part in the fabricating and processing of the steel. It seeks
to exclude from the unit a large number of employees which it ap-
parently claims to be semi-skilled or unskilled. The Company voiced
no opinion concerning what employees should be in the bargaining
unit.
It appears from the record that all the operations at the St. Paul
plant are closely integrated, that there is considerable transfer of
employees from one department to another, and that the problems
relating to wages, hours, and working conditions are similar with
respect to all the employees. In the past, the bargaining has been
on a plant-wide basis. Although the International now desires a
unit composed of a limited number of employees, it solicited members
in all the departments when it began organizing at the plant. Em-
ployees throughout the plant are apparently eligible to its member-
ship.
In view of these facts, we are of the conclusion that a plant-wide
unit is appropriate.
We find that all the employees of the Company, exclusive of exec-
utives, clerical and supervisory employees, watchmen, and truck
drivers, constitute a unit appropriate for the purposes of collective
bargaining, and that said unit will insure to employees of the Com-
pany the full benefit of their right to self-organization and to collec-
tive bargaining and otherwise effectuate the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
There was introduced in evidence at the hearing a list of persons
who were employed by the Company at its St. Paul plant between
January 1 and June 30, 1938.1 The United and the International
stipulated that this list which contained the names of 65 employees,
might appropriately be used for the purposes of any election or
certification.
The United submitted in evidence petitions designating the United
as bargaining representative, signed by 42 employees whose names
appeared on the aforesaid, list of employees and by 8 other persons.
The International stipulated that all persons whose names appeared
'Board Exhibit No. 4.
232 NATIONAL LABOR RELATIONS, BOARD
on the petitions were members" of the United. A representative of
the International testified, 'however, that 28 employees at the St. Paul
plant had, about the same time as the signing of the United petitions,
signed cards designating the International as bargaining representa-
tive. He `stated that 16 of the cards were signed in his presence.
In view of all the facts, we find that the question which has arisen
concerning the representation of employees can best be resolved by
an election by secret ballot. The employees eligible to participate in
the election shall' be those within the appropriate unit whose names
appear on the pay-roll list submitted in evidence at the hearing,
excluding employees who have since quit or been discharged for
cause.
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 Paper, Cahmenson & Company, St. Paul,
Minnesota, within the meaning of Section 9 (c) and Section 2 (6)
and (7) of the National Labor Relations Act.
2. All the employees of the Company at its St. Paul plant, exclud-
ing executives, clerical and supervisory employees, watchmen, and
truck drivers, constitute a unit appropriate for the purposes of col-
lective bargaining, within the meaning of Section 9 (b) of the
National Labor Relations 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 1, as amended, it is
hereby
DIRECTED that, as part of the investigation ordered by the Board
to ascertain representatives for the purposes of collective bargaining
with Paper, Calmenson & Company, St. Paul, Minnesota, an election
by secret ballot shall-be conducted within fifteen (15) days from the
date of this Direction, under the direction and supervision of the
Regional Director for the Eighteenth 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 em-
ployees of Paper, Calme'nson'& Company at its St: Paul plant, whose
names appear upon 'tile pay-roll' list submitted in evidence at the
hearing and marked Board Exhibit No. 4, excluding executives,, cleri-
cal and supervisory employees,, watchmen, truck drivers, and any
DECISIONS AND ORDERS 233
employees who have since quit or been discharged for cause, to deter-
mine whether they desire to be represented by the United Electrical,
Radio & Machine Workers of America, Local No. 1142, affiliated with
the Committee for Industrial Organization, or by International Asso-
ciation of Bridge, Structural and Ornamental Iron Workers, Local
No. 535, affiliated: with the American Federation 'of Labor, for the
purposes of collective bargaining, or by neither.
' SAME TITLE]
CERTIFICATION OF REPRESENTATIVES
January 4, 1939
On December 6, 1938, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Election in the
-above-entitled case. The Direction of Election directed that an
election by secret ballot be conducted within fifteen (15) days from
the date of the Direction, among all employees of Paper, Calmenson
& Company at its St. Paul plant, whose' names appeared upon the
pay-roll list submitted in evidence at the hearing and marked Board
Exhibit No. 4, excluding executives, clerical and supervisory em-
ployees, watchmen, truck drivers, and any employees who had since
quit or been discharged for cause, to determine whether they desired
to be represented by the United Electrical, Radio & Machine Workers
of America, Local No. 1142, affiliated with the Committee for Indus-
trial Organizatioli, or by International Association of Bridge, Struc-
tural and Ornamental Iron Workers, Local No.. 535, affiliated with
the American Federation of Labor, for the purposes of collective
bargaining, or by neither.
Pursuant to the Direction, an election by secret ballot was con-
-ducted under the direction and supervision of the Regional Director
for the Eighteenth Region. Full opportunity was afforded all parties
to this investigation to participate in the conduct of the secret ballot
and to make challenges. On December 21, 1938, said Regional Di
rector, acting pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 1, as amended, issued
and duly served upon the parties an Intermediate Report upon the
secret ballot. No objections or exceptions to the Intermediate Report
were filed by any of the parties.
As to the balloting and its results, the Regional Director reported
as follows :
Total number eligible--------------------------------------- 65
Total ballots cast------------------------------------------- 61
Total number of votes cast for United Electrical , Radio &
Machine Workers of America, Local 1142 (C. I. O.)---------- 42
234 NATIONAL LABOR RELATIONS BOARD
Total number of votes cast for International Association of
Bridge, 'Structural & Ornamental Iron Workers, Local 535
(A. F. of L.)-------------------------------------------- 16
Ballots cast for neither of the above organizations------------ 3
Total number of blank ballots------------------------------- 0
Total number of void ballots--------------------------------- 0
Total number of challenged ballots-------------------------- 0
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, 49 Stat. 449, and pursuant to Article III; Sections 8 and 9,
of National Labor Relations Board Rules and Regulations-Series 1,
as amended,
IT IS HEREBY CERTIFIED that United Electrical, Radio & Machine
Workers of America, Local No. 1142, affiliated with the Committee for
Industrial Organization, has been designated and selected by a ma-
jority of the employees of Paper, Calmenson & Company at its St.
Paul plant, excluding executives, clerical and supervisory employees,
watchmen, and truck drivers, as their, representative for the purposes
of collective bargaining and that, pursuant to the provisions of Sec-
tion 9 (a) of the Act, United Electrical, Radio & Machine Workers of
America, Local No. 1142, affiliated with the Committee for Industrial
Organization, is the exclusive representative of all such employees
for the purposes of collective bargaining in respect to wages, rates of
pay, hours of work, and other conditions of employment.
10 N. L. It. B., No. 17a.