Truscon Steel Co.

National Labor Relations Board - Board Decisions

Aug 11, 1941

34 N.L.R.B. 140 (N.L.R.B. 1941)

In the Matter Of CAMPBELL METAL WINDOW CORP., DIVISION OF
TRUSCON STEEL COMPANY and SIIOPMEN 'S LOCAL UNION #484, IN-
TERNATIONAL ASSOCIATION OF BRIDGE , STRUCTURAL AND ORNAMENTAL
IRON WORKERS
Case No. R-2838.-Decided August 11, 1941
Investigation and Certification of Representatives : stipulation for Certification
upon pay-roll check.
Mr. John A. Penello, for the Board.
Mr. Harry Armstrong, of Baltimore, Md., for the Company.
Mr. Joseph Stamm, of Baltimore, Md., for the Union.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
On June 21, 1941, Shopmen's Local Union #484, International As-
sociation of Bridge, Structural and Ornamental Iron Workers, herein
called the Union, filed with the Regional Director for the Fifth Re-
gion (Baltimore, Maryland) a petition alleging that a question affect-
ing commerce had arisen concerning the representation of employees
of Campbell Metal Window Corp., division of Truscon Steel Com-
pany, herein called the Company, engaged in the manufacture, sale,
and distribution of metal windows, metal lath, and other products
at Baltimore, Maryland, and requesting an investigation and certifi-
cation of representatives pursuant to Section 9 (c) of the National
Labor Relations Act, 49 Stat. 449, herein called the Act. On July
25, 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 July 28, 1941, the Company, the Union, and
the Regional Director entered into a "STIPULATION FOR CER-
TIFICATION UPON PAY ROLL CHECK".
34 N.L.R B, No 23.
140
OAM?BELL METAL WINDOW CORP. 141
Pursuant to the Stipulation, a pay-roll check by comparison of
designation cards and the membership rolls of the Union with the
Company's pay-roll records of July 15, 1941, was made on July 28,
1941, under the supervision of the Regional Director, to determine
the number of production and maintenance employees at the Balti-
more plant of the Company, excluding foremen, superintendents,
executives, machinists, draftsmen, timekeepers, and office and salaried
employees, who designated the Union as their bargaining agency.
On July 30, 1941, the Regional Director, acting pursuant to the
Stipulation, issued and duly served upon the parties a Report on
Results of Investigation by an Inspection of Records. No objections
to said Report have been filed by any of the parties.
In his Report the Regional Director reported that the comparison
of the Union designations and membership rolls with the pay roll
of the Company showed one hundred forty-four (144) out of one
hundred forty-four (144) eligible employees authorized the Union
to represent them for the purposes of collective bargaining with the
Company in respect to rates of pay, wages, hours of employment and
other conditions of employment.
Upon the basis of the Stipulation, the Report on Results of Investi-
gation by an Inspection of Records, 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 Campbell Metal Window Corp., division
of Truscon Steel Company, Baltimore, Maryland, within the mean-
ing of Section 9 (c) and Section 2 (6) and (7)_ of they National Labor
Relations Act.
2. All production and maintenance employees at the Baltimore
plant of the Company, excluding foremen, superintendents, execu-
tives, machinists, draftsmen, timekeepers, and office and salaried
employees, constitute a unit appropriate for collective bargaining,
within the meaning of Section 9 (b) of the National Labor Relations
Act.
3. Shopmen's Local Union #484, International Association of
Bridge, Structural and Ornamental Iron Workers, affiliated with
the American Federation of Labor, has been designated and selected
by a majority of the employees in the above unit as their representa-
tive 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 National Labor Relations Act.
142 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 HERESY CERTIFIED that Shopmen's Local Union #484, Inter-
national Association of Bridge, Structural and Ornamental Iron
Workers, affiliated with the American Federation of Labor, has been
designated and selected by a majority of all production and mainte-
nance employees at the Baltimore plant of Campbell Metal Window
Corp., division of Truscon Steel Company, Baltimore, Maryland,
excluding foremen, superintendents, executives, machinists, drafts-
men, timekeepers, and office and salaried employees, as their repre-
sentative for the purposes of collective bargaining, and that, pursuant
to Section 9 (a) of the Act, Shopmen's Local Union #484, Inter-
national Association of Bridge, Structural and Ornamental Iron
Workers, 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.