Republic Steel Corp.

National Labor Relations Board - Board DecisionsSep 23, 1941

35 N.L.R.B. 668 (N.L.R.B. 1941)

In the Matter Of REPUBLIC STEEL CORPORATION and BRICKLAYERS, MASONS AND PLASTERERS INTERNATIONAL UNION (AFL) Case No. R-1994.-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, and, 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 rep- resentation of employees of Republic Steel Corporation, Cleveland, Ohio, herein called the Company, at its plants located in Trumbull County, Ohio, where it 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 investiga- tion and' authorized the Regional Director to conduct it and to pro- vide for an appropriate hearing upon due notice. On August 29,. 1941, the Company, the Union, and the Board entered into a "STIPU- LATION FOR CERTIFICATION UPON PAYROLL CHECK," covering employees at the Company's plants located at Niles and Warren, Ohio. 35 N. L. R. B., No. 146. 668 REPUBLIC STEEL CORPORATION 669 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- vision of the Regional Director to determine the number of the bricklayers employed by the Company at its plants located at Niles and Warren, Ohio, who designated the Union as their bargaining agency. On September 2, 1941, the Regional Director, acting pur- suant 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 21 out of 21 eligible employees authorized the Union to repre- sent 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 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 plants located at Niles and Warren, 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 Niles and Warren, 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- 670 DECISIONS OF NATIONAL LABOR RELATIONS BOARD layers employed by Republic Steel Corporation, Cleveland, Ohio, at its plants located at Niles and Warren, Ohio, as their representative for the purposes of collective bargaining, and that pursuant to the provision of Section 9 (a) of the ,Act, Bricklayers, Masons and Plasterers International Union, affiliated with the American Federa- tion 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.