Ralston Steel Car Co.

National Labor Relations Board - Board Decisions

May 15, 1942

40 N.L.R.B. 1401 (N.L.R.B. 1942)

In the Matter of RALSTON STEEL CAR COMPANY and STEEL WORKERS
ORGANIZING COMMITTEE
Case No. R-3716.-Decided May 15, 19.2
Jurisdiction : railroad equipment manufacturing industry.
Investigation and Certification of Representatives : existence of question: re-
fusal to accord petitioner recognition ; contract to expire shortly held no bar;
election necessary.
Unit Appropriate for Collective Bargaining : production and maintenance em-
ployees, including inspectors, student workmen, apprentices, and gang leaders,
but excluding all Company officers and administrative employees, foremen,
assistant foremen, supervisors in charge of any classds of labor, timekeepers,
all clerks, watchmen, police, gatemen, time-study men, engineering and draft-
ing employees, and material dispatchers ; agreement as to.
Mr. Albert M. Calland and Mr. Vernon L. Stouffer, of Columbus,
Ohio, for the Company. ,
Mr. William B. Bartels and Mr. Howard N. Porter, of Columbus,
for S. W. O. C.
Mr. Thomas F. O'Sliaughnessy, of Columbus, Ohio, for the In-
dependent.
Miss Marcia Hertzmark, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by Steel Workers Organizing Committee,
herein called the S. W. O. C., alleging that a question affecting
commerce had arisen concerning the representation of employees of
Ralston Steel Car Company, Columbus, Ohio, herein called the
Company, the National Labor Relations Board provided for an ap-
priate hearing upon due notice before Alba B. Martin, Trial Exam=
iner. Said hearing was held at Columbus, Ohio, from March 26
to April 1, 1942. The Company, the S. W. O. C., and Ralston Steel
Car Independent Shop Craft, herein called the Independent, ap-
peared, participated, and were afforded full opportunity to be heard,
40 N. L. R. B., No. 250.
1401
1402 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 errors 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
Ralston Steel Car Company is an Ohio corporation having its
only plant in Columbus, Ohio. It is engaged in the manufacture
.)f railroad freight cars and parts therefor , such as side sheets , hopper
sheets, doors , side plate angles , center sills , side sills , and floor sheets.
Ninety-nine percent of its products are sold to railroads . - During
the year 1941 the Company manufactured 1,532 freight cars and
12,077 tons of miscellaneous parts, approximately 30 percent of which
was delivered to points outside the State of Ohio. During the same
period the Company purchased about 40,000 tons of raw steel and
parts, over 90 percent of which was shipped to it from outside the
,State of Ohio.
H. THE ORGANIZATIONS INVOLVED
Steel Workers Organizing Committee and Local 2606 thereof, are
labor organizations affiliated with the Congress of Industrial Organi-
-zations admitting to membership employees of the Company.
Ralston Steel Car Independent Shop Craft is an unaffiliated labor
organization admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On February 6, 1942, the S. W. O. C. requested a conference with
the Company to negotiate a collective bargaining agreement. The
-Company, by letter dated February 9, 1942, refused the request on
the ground that it had a contract with the Independent . At the
hearing the Company and the Independent took the position that
the contract, which expires on June 30 , 1942, is a bar to an investi-
gation of representatives . The S. W. O. C. contends that the con-
tract is not a bar because it was entered into with a union which did
not represent a majority of the Company 's employees . It is unneces-
sary for us to determine whether the Independent represented a
majority at the time the contract was executed , since the contract
will shortly expire and , for that reason, we find that it is not a
bar to an investigation and certification of representatives.
RALSTON STEEL CAR COMPANY 1403
' A statement by the Trial Examiner at the hearing shows that the
S. W. '0. C. and the Independent each represents a substantial
number of employees in the unit stipulated to be 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 National Labor
Relations Act.
IV. THE APPROPRIATE UNIT
In accordance with a stipulation of the parties we find that
all production and maintenance employees of the Company's Colum-
bus plant, including inspectors, student workmen, apprentices, and
gang leaders, but excluding all Company officers and administrative
'employees, foremen, assistant foremen, supervisors in charge of any
classes of labor, timekeepers, all clerks, watchmen, police, gatemen,
time-study men, engineering and drafting employees, and material
dispatchers constitute a unit appropriate for the purposes of col-
lective bargaining, within the meaning of Section 9 (b) of the Act.
V. THE DETERMINATION OF' REPRESENTATIVES
We find that the question concerning representation which has
arisen can best be resolved by an election by secret ballot. The
S. W. 0. C. requested that a pay-roll date between March 16 and 31,
1942, be used to determine eligibility to vote, because of the possi-
bility of an increase in the number of employees in the near future.
The Independent and the Company desire that a current pay roll be
used. The record shows that the Company's pay roll for the period
from March 1 to 7 contained 852 names and that for the period from
March 7 to 31 the number of employees varied from 512 to 878. The
Company's manager testified that he anticipated that the pay roll
would contain an average of 850 employees during April, May, and
June, although he expected a slackening ti) about 500 during the
first 2 weeks in May. He testified that it was expected that at the
,end of May employment would return to about 850 for a 10- to
12-week period.
In view of these circumstances we shall follow our usual practice
and shall direct that the employees of the Company eligible to vote
I The S W. 0 C. submitted to the Trial Examiner 571 cards , 469 of which bore
apparently genuine, original signatures and 497 of which bore names of persons on the
'Company 's pay roll for the period ending March 7, 1942 This pay roll contained about
795 employees in the agreed unit
The Independent submitted various lists and cards , some bearing apparently genuine,
original signatures and others bearing typewritten names , from an examination of
which the Trial Examiner found that the names of 763 persons appeared on these
documents and that 659 such names appeared on the Company 's pay roll mentioned above
in the agreed unit.
1404 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
in the election shall be those in the appropriate unit who were em-
ployed during the pay-roll period immediately preceding the date-
of the Direction of Election herein, subject to Ahe 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 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 ordered by the Board
to ascertain representatives for the purposes of collective bargaining
with Ralston Steel Car Company, Columbus, Ohio, 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 Ninth
Region, acting in this matter as agent for the National Labor Rela-
tions 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 at the Company's Columbus,.
Ohio, plant 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_
vacation 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 they desire
to be represented by Steel -Workers Organizing Committee, or, by-
Ralston Steel Car Independent Shop Craft, for the purposes of
collective bargaining, or by neither.