Republic Steel Corp.

National Labor Relations Board - Board DecisionsNov 29, 1941

37 N.L.R.B. 183 (N.L.R.B. 1941)

In 'the Matter of STEEL & TUBES ELYRIA DIVISION OF THE REPUBLIC STEEL CORPORATION and THE EMPLOYEES REPRESENTATION ASSOCIATION STEEL & TUBES ( INDEPENDENT) Case No. R-3291.-Decided November 29,1941 Jnvestigation 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 Elyria, Ohio, for the Company. Mr. Frank M. Wilcox and Mr. -William J. Moore, of Elyria, Ohio, for the Union. Mrs. Augusta Spaulding, of counsel to the Board. DECISION AND CERTIFICATION OF REPRESENTATIVES STATEMENT OF THE CASE On September 12, 1941, The Employees Representation Association Steel & Tubes,'herein called the Union, filed with the Regional Direc- tor for the Eighth Region (Cleveland, Ohio), a petition alleging that a question affecting commerce had arisen concerning the representation of employees of Steel & Tubes Elyria Division of the Republic Steel Cor- poration, herein called the Company, engaged in the manufacture, sale, and distribution of iron and steel products at Elyria, Ohio, and re- questing 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 October 13, 1941, the National Labor Rela- tions 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 inves- tigation and authorized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice. On October 13, 1941, the Company, the Union, and the Regional Director for the Board entered into a "STIPULATION FOR CERTIFICATION UPON PAY-ROLL CHECK." 37 N. L R. B., No. 25. 183 184 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Pursuant to the stipulation, a pay-roll check by comparing the Union's dues cards and/or membership cards with the pay-roll and/or employment records furnished by the Company was conducted on- October 16, 1941, under the direction and supervision of the Regional Director, among all production and maintenance employees at the Steel & Tubes Elyria Division-plant of the Company, excluding fore- men, assistant foremen, supervisors who do not work with tools, drafts- men, tin7ekeepers, first-aid men and nurses, watchmen, and office and salaried employees, to determine whether or not said employees desired to be represented by the Union for the purposes of collective bargain- ing with the Company. On November 3, 1941, the Regional Director issued and duly served upon -the parties his Consent Pay-roll Check Report. No objections to the Consent Pay-roll Check Report have been filed by any of the parties. Upon the basis of the stipulation, the Consent Pay-roll 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 Steel & Tubes Elyria Division of the Republic Steel Corporation, Elyria, Ohio, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act. 2. All production and maintenance employees at the Steel & Tubes Elyria Division Plant of the Company, excluding' foremen, assistant foremen, supervisors who do 'not work with tools, draftsmen, time- keepers, first-aid men and nurses, watchmen, and office and salaried em- ployees, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act. -3. The Employees Representation Association Steel & Tubes 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 The Employees Representation Associa- tion Steel & Tubes has been designated and selected by a majority of all production and maintenance employees at the Steel & Tubes Elyria Division Plant of the Republic Steel Corporation, Elyria, Ohio, ex- cluding foremen, assistant foremen, supervisors who do not work with REPUBLIC Sf 'E'EL CORP., ELYRIA DIV'ISI'ON 185 tools, draftsmen, timekeepers, first-aid men and nurses, watchmen, and office and salaried employees, as their representative for the purposes of collective bargaining and that, pursuant to the provisions of Section 9 (a) of the Act, The Employees Representation Association Steel & Tubes is the exclusive representative of all such employees for the pur- poses of collective bargaining with respect to rates of pay, wages, hours of employment, and other conditions of employment.