Republic Steel Corp.

National Labor Relations Board - Board Decisions

Sep 23, 1941

35 N.L.R.B. 666 (N.L.R.B. 1941)

In the Matter of REPUBLIC STEEL CORPORATION and BRICKLAYERS,
MASONS AND PLASTERERS INTERNATIONAL UNION (AFL)
Case No. R-2996.-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 plants located at Canton, Ohio,
where the Company is engaged in the manufacture, sale, and dis-
tribution of iron and steel products. The petition requested an in-
vestigation 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 PAYROLL 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 supervision
of the Regional Director to determine the number of bricklayers
employed by the Company at its plants located at Canton, Ohio, who
35 N. L. R. B., No. 145.
666
REPUBLIC 'EEL CORPORATION 667
designated the Union as their bargaining agency. On September 3,
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 50 out of 51 eligible employees authorized the Union to represent
them for the purposes of collective bargaining with the Company
with respect to rates of pay, wages, hours of work, and other condi-
tions of employment.
Upon the basis of the stipulation, the Consent Payroll Check Re-
port, 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 plants located at Canton, 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 plants located
at Canton, 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, affil-
iated 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 Rela-
tions Act,
IT IS HEREBY CERTIFIED that Bricklayers, Masons and Plasterers In-
ternational Union, affiliated with the American Federation of Labor,
has been designated and selected by a majority of the bricklayers
employed by Republic Steel Corporation, Cleveland, Ohio, at its
plants located at Canton, Ohio,'as their representative for the pur-
poses of collective bargaining, and that pursuant to the provisions of
Section 9 (a) of the Act, Bricklayers, Masons and Plasterers Inter-
national 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.