Standard Steel Sections, Inc.

National Labor Relations Board - Board DecisionsJan 7, 1946

65 N.L.R.B. 241 (N.L.R.B. 1946)

In the Matter of STANDARD STEEL SECTIONS, INCORPORATED and INTER- NATIONAL ASSOCIATION OF BRIDGE, STRUCTURAL & ORNAMENTAL IRON WORKERS, LOCAL 455, AFL Case No. 2-R-5796.-Decided January 7, 1946 Mr. Harold L. Hirschhorn, of New York City, for the Company. Trotter d? Bagley, by Mr. Julius E. Bagley, Messrs. Milton Balsam and Ze/fery Guarnera, of New York City, for the AFL. Mr. Michael E. Rosenstein, of New York City, for the UMWA. Mr. Joseph D. Manders, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon a petition duly filed by International Association of Bridge, Structural & Ornamental Iron Workers, Local 455, AFL, herein called the AFL alleging that a question affecting commerce had arisen con- cerning the representation of employees of Standard Steel Sections, Incorporated, New York City, herein called the Company, the Na- tional Labor Relations Board provided for an appropriate hearing up- on due notice before Robert A. Levett, Trial Examiner. The hearing was held at New York City, on October 9, 1945. At the commence- ment of the hearing, the Trial Examiner granted a motion of United Construction Workers, United Mine Workers of America, herein called U'vIWA, to intervene. The Company, the AFL, and the UMMWA appeared and participated. All parties were afforded full opportunity to be heard, 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 error and are hereby affirmed. All parties were afforded an opportunity to file briefs with the Board. Upon the entire record in the case, the Board makes the following; FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY The Company, a New York corporation, organized about 1914, is engaged in the manufacture, sale, and distribution of pressed steel 65 N. L. R. B., No. 50. 241 242 DECISIONS OF NATIONAL LABOR RELATIONS BOARD products and the fabrication thereof as subcontractors. During the past year the Company purchased raw materials consisting chiefly of hot rolled steel sheets, valued in excess of $100,000, of which approx- imately 75 percent was shipped from sources outside the State of New York. During the same period the Company sold finished products, valued in excess of $100,000, of which approximately 5 percent was shipped to points outside the State of New York. The Company admits, and we find, that it is engaged in commerce within the meaning of the National Labor Relations Act. H. THE ORGANIZATIONS INVOLVED International Association of Bridge, Structural & Ornamental Iron Workers, Local 455, affiliated with the American Federation of Labor, and United Construction Workers, affiliated with United Mine Workers of America, are labor organizations admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION A contract between the Company and the UMWA expired on Sep- tember 30,1945, and has not been renewed. On June 21,1945, the AFL wrote the Company requesting recognition and further requesting that the Company commence negotiating a labor agreement. The Company refused the request of the AFL in view of its contract with UMWA. Neither the Company nor the UMWA urged the contract as a bar to this proceeding. A statement of a Field Examiner of the Board, introduced into evidence at the hearing, indicates that the AFL represents a substantial number of employees in the unit hereinafter found 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 Act. IV. THE APPROPRIATE UNIT We find, in accordance with the stipulation of the parties and the record, that all production employees engaged in the fabrication of steel products, including chauffeurs and shipping employees, but ex- cluding all office and clerical employees, buyers, salesmen, draftsmen, executives of the corporation, working foreman 2 and all supervisory and managerial employees with authority to hire, promote, discharge, i The Field Examiner repotted that the AFL submitted 20 authorization cards, all 20 of which bore the names of persons appearing on the Company's pay roll of July 20, 1945, which contained the names of 22 employees in the appropriate unit All of the cards were dated in August 1945 The UMWA relies on its contract to establish its interest. 2 The parties agree that the working foreman employed by the Company has the authority to hire and discharge employees and, therefore, they exclude him from the unit. STANDARD STEEL SECTIONS, INCORPORATED 243 discipline, or otherwise effect changes in the status of employees, or effectively recommend such action, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act.' V. THE DETERMINATION OF REPRESENTATIVES We shall direct that the question concerning representation which has arisen be resolved by an election by secret ballot among the em- ployees in the appropriate unit who were employed during the pay-roll period immediately preceding the date of the Direction of Election herein, subject to the 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 Relations Act, and pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 3, as amended, it is hereby DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with Standard Steel Sections, Incorporated, New York City, an election by secret ballot shall be conducted as early as possible, but not later than sixty (60) days from the -date of this Direction, under the direction and supervi- sion of the Regional Director for the Second Region, action in this matter as agent for the National Labor Relations Board, and subject to Article III, Sections 10 and 11, of said Rules and Regulations, among the employees in the unit found appropriate in Section IV, above, who were employed during the pay-roll period immediately preceding the date of this Direction, including employees who did not work during the said pay-roll period because they were ill or on vacation or tem- porarily laid off, and including employees in the armed forces of the United States who present themselves in person at the polls, but exclud- ing those employees who have since quit or been discharged for cause and have not been rehired or reinstated prior to the date of the election, to determine whether they desire to be represented by International Association of Bridge, Structural & Ornamental Iron Workers, Local 455, AFL, or by United Construction Workers, affiliated with United Mine Workers of America, for the purposes of collective bargaining, or by neither. MR. GERARD D. REILLY took no part in the consideration of the above Decision and Direction of Election. s The unit herein is substantially the same as the unit found appropriate in a prior Board determination involving the employees of this Company. See Matter of Standard Steel Sections, Inc., 58 N. L . R. B. 321.