Wheeling Corrugating Co.

National Labor Relations Board - Board Decisions

Oct 31, 1940

27 N.L.R.B. 1184 (N.L.R.B. 1940)

I
In the Mattel `Of WHEELING CORRUGATING COMPANY 'and STEEL WORKERS
'ORGANIZING COMMITTEE (AFFILIATED WITH THE C. I. 0.)
'Case No. R-2112.-Decided October 31,194 2
Jurisdiction : warehousing industry.
Investigation and Certification of Representatives : existence of question: re-
fusal to accord recognition to union and request that certification be obtained ;
election-necessary. -
Unit.Appropriate - for Collective • Bargaining :, all hourly rate 'employees at the
- Detroit warehouse of the Company.
Mr. J. E. Bruce and Mr. George A.•Neal, for the Company.
Mr. Walter C. Lee, of Detroit, Mich., for the Union.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION,
STATEMENT OF THE CASE
On August 6, 1940, Steel Workers Organizing Committee, affiliated
with the C. I. 0., herein called the Union, filed with the Regional
Director for the Seventh Region (Detroit, Michigan) a petition
alleging that a question affecting commerce had arisen concerning the
representation of employees of Wheeling Corrugating Company, De-
troit, Michigan, herein called the Company, and requesting an investi-
gation and certification of representatives pursuant to Section 9 (c)
of the National Labor Relations Act, 49 Stat. 449, herein called the
Act. On September 13, 1940, 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 October 14, 1940, the Regional Director issued'a notice of hear-
ing, copies of which were duly served upon the Company and the
Union. Pursuant to notice, a hearing was held on October 21, 1940,
at Detroit, Michigan, before Oscar Grossman, the Trial Examiner
27 N. L R B, No. 193.
1184
WHEELING CORRUGATING COMPANY 1185
duly designated by the Board. The Company and the Union were
represented by counsel and participated in the hearing. Full oppor-
tunity to be heard, to examine and cross-examine witnesses, and to
introduce evidence bearing on the issues was afforded all parties.
During the course of the hearing the Trial Examiner made several
rulings on motions. The Board has reviewed the rulings of the Trial
Examiner and finds that no prejudicial errors were committed. The
rulings are hereby affirmed.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Wheeling Corrugating Company is a West Virginia corporation
with its principal place of business at Wheeling, West Virginia. This
proceeding is concerned solely with one of its warehouses located at
Detroit, Michigan, where it is engaged in the distribution of various
types of sheet metal, sheet-metal products, wire, and wire products.
During the first 6 months of 1940 the Company shipped to its Detroit
warehouse products valued in excess of $250,000 from sources outside
the State of Michigan. Approximately 10 per cent of the products
so shipped were thereafter transported by the Company from its
Detroit warehouse to points outside the State of Michigan. The Com-
pany admits, for the purposes of this proceeding, that it is engaged in
interstate commerce within the meaning of the Act.
II. THE ORGANIZATION INVOLVED
i Steel Workers Organizing Committee is a labor organization af-
filiated with the Congress of Industrial Organizations . It admits to
membership all hourly rate employees at the Detroit warehouse of the
Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Union has requested the Company -to bargain with it as the
exclusive representative of the hourly rate employees at its Detroit
warehouse. The Company refused to bargain with the Union until it
had been certified by the Board.
We find that a question has arisen concerning the representation of
employees of the Company.
IV. THE EFFECT OF TIIE QUESTION CONCERNING REPRESENTATION UPON
COMMERCE
We find that the question concerning representation which has arisen,
occurring in connection with the operations of the Company described
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1186 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
in Section I above, has a close, intimate, and substantial relation to
trade, traffic, and commerce among the several States and tends to lead
to labor disputes burdening and obstructing commerce and the free
flow of commerce.
'V. THE APPROPRIATE UNIT
The Company and the Union agreed at the hearing that the ap-
propriate unit should consist of all hourly rate employees at the Detroit
warehouse of the Company. We see no reason for departing from
such unit. -
We find that all hourly rate employees at the Detroit warehouse of
the Company constitute a unit appropriate for the purpose of collective
bargaining, and that said unit will insure to employees.of-the Company
full benefit of their right to self-organization and to collective bar-
gaining and otherwise effectuate the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
We find that the question which has, arisen concerning the repre-
sentation of employees of the Company can best-be resolved by an
election by secret ballot. The 'parties agreed at the hearing that in
the event the Board directed an election, eligibility of employees to
vote should be determined by the Company's pay roll for the pay-
roll, period ending October 19, 1940. We find that those employees
of the Company within the appropriate unit whose names appear
on the Company's pay roll for the pay-roll period ending October-19,
1940, shall be eligible to vote, excluding those who have since quit or
been discharged for cause. -
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following :
CONCLUSIONS OF LAW
1. A question 'affecting commerce has arisen concerning the repre-
sentation of employees of Wheeling Corrugating Company, Detroit,
Michigan, within the meaning of Section 9 (c) and Section 2 (6) and
(7) of the National Labor Relations Act.
2. All hourly rate employees at the Detroit warehouse of the Com-
pany constitute a unit appropriate for the purposes of collective bar-
gaining, within the meaning of Section 9 (b) of the National Labor
Relations Act. -
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 Rela-
WHEELING CORRUGATING COMPANY. 1187
Lions Act, and pursuant to Article III, Section 8, of National Labor
Relations Board Rules and Regulations-Series 2, as amended, it is
hereby
DiRF,umD that, as part of the investigation authorized by the Board
to ascertain representatives for the purposes of collective bargaining
with Wheeling Corrugating Company, Detroit, Michigan, an election
by secret ballot shall be conducted as early as possible, but not later
than thirty (30) days from the date of this Direction, under the direc-
tion and supervision of the Regional Director for the Seventh Region,
acting in this matter as agent for the National Labor Relations Board
and subject to Article III, Section 9, of said Rules and Regulations,
among all hourly rate employees at the Detroit warehouse of the Com-
pany,whose names_appear on the Company's pay roll for the pay-roll.
period ending October 19, 1940, excluding employees who, have since
quit or been discharged for cause, to determine whether or not they
desire to be represented by Steel Workers Organizing Committee,
affiliated with the Congress of Industrial Organizations, for the pur-
poses of collective bargaining.