Republic Steel Corp.

National Labor Relations Board - Board Decisions

Sep 23, 1941

35 N.L.R.B. 663 (N.L.R.B. 1941)

In the Matter Of REPUBLIC STEEL CORPORATION and BRICKLAYERS,
MASONS AND PLASTERERS INTERNATIONAL UNION (AFL)
Case No. R-2995. -Decided September 23, 1941
Investigation and Certification of Representatives : stipulation for Certification
of Representatives upon pay-roll check.
Mr. Hugh E. Sperry, for the Board.
Mr. T. F. Patton, of Cleveland, Ohio, for the Company.
Mr. J. W. Jockel, of East Cleveland, Ohio, for the Union.
Mr. Frederic B. Parkes, 2nd, of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
On April 8, 1941, Bricklayers, Masons,and Plasterers International
Union (AFL), herein called the Union, filed with the Regional Di-
rector for the Eighth Region (Cleveland, Ohio) a petition alleging
that a question affecting commerce had arisen concerning the repre-
sentation of employees of Republic Steel Corporation, Cleveland,
Ohio, herein called the Company, at its plant located at Massillon,
Ohio, where the Company is engaged in the manufacture, sale, and
distribution of iron and steel products. The petition requested 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 April 21, 1941, 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 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
August 29, 1941, the Company, the Union, and the Board entered
into a "STIPULATION FOR CERTIFICATION UPON PAY-
ROLL CHECK."
Pursuant to the stipulation, a pay-roll check by comparison of
union designations with the pay roll of the Company for the period
ending July 20, 1941, was made on August 29, 1941, under the super-
35 N. L. R. B., No. 144.
663
,664 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
vision of the Regional Director to determine the number of brick-
layers employed by the Company at its plant located at Massillon,
Ohio, who designated the Union as their bargaining agency. On
September 2, 1941, the Regional Director, acting pursuant to the
stipulation, issued and duly served upon the parties his Consent
Payroll Check Report. No objections to the report have been filed
by any of the parties.
In his report the Regional Director reported that the comparison
of the union designations with the pay roll of the Company showed
that 22 out of 24 eligible employees authorized the Union to repre-
sent them for the purposes of collective bargaining with the Com-
pany with respect to rates of pay, wages, hours of work, and other
,conditions of employment.
Upon the basis of the stipulation, the Consent Payroll Check
Report, and the entire record in the case, the, Board makes the
following :
FINDINGS OF FACT
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of Republic Steel Corporation, Cleveland,
Ohio, at its plant located at Massillon, Ohio, within the meaning of
Section 9 (c) and Section 2 (6) and (7) of the Act.
2. All bricklayers employed by the Company at its plant located
at Massillon, Ohio, constitute a unit appropriate for the purposes
of collective bargaining within the meaning of Section 9 (b) of the
Act.
3. Bricklayers, Masons and Plasterers International Union, affili-
ated with the American Federation of Labor, has been designated
and selected by a majority of the employees in the above unit as
their representative for the purposes of collective bargaining and is
the exclusive representative of all the employees in said unit within
the meaning of Section 9 (a) of the Act.
CERTIFICATION OF REPRESENTATIVES
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,
IT Is HEREBY cERTIFIED that Bricklayers, Masons and Plasterers
International Union, affiliated with the American Federation of
Labor, has been designated and selected by a majority of the brick-
layers employed by Republic Steel Corporation, Cleveland, Ohio, at its
plant located at Massillon, Ohio, as their representative for the pur-
poses of collective bargaining, and that pursuant to the provision of
REPUBLIC STEEL CORPORATION 665
Section 9 (a) of the Act, Bricklayers, Masons and Plasterers Interna-
tional Union, affiliated with the American Federation of Labor, is the
exclusive representative of all such employees for the purposes of
collective bargaining in respect to rates of pay, wages, hours of
employment, and other conditions of employment.