Wheeling Corrugating Co.

National Labor Relations Board - Board DecisionsOct 28, 1940

27 N.L.R.B. 1128 (N.L.R.B. 1940)

In the Matter of WHEELING CORRUGATING Co. and, THE TRUCK DRIVERS LOCAL UNION #89 OF THE INTERNATIONAL BROTHERHOOD OF TEAM- STERS, CHAUFFEURS, WAREHOUSE WORKERS AND HELPERS OF AMERICA. A. F. OF L. Case No. B-2107.-Decided October 08, 1940 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 warehouse and other workers in the employ of the Company at its Louisville, Kentucky, plant, excluding the superintendent and others having the right to hire and fire, foremen, office and clerical workers, watchmen or guards, salesmen and janitors. Mr. J. E. Bruce and Mr. George A. Neal, of Wheeling, West Vir- ginia, for the Company. Mr. Pat Ansboury, of Louisville, Ky., for the Brotherhood. Mr. Bertram Diamond, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On September 16, 1940, The Truck Drivers Local Union #89 of the International Brotherhood of Teamsters, Chauffeurs, Warehouse Workers and Helpers of America, A.' F. of L.;1 herein called the Brotherhood, filed with the Regional Director for the Ninth Region (Cincinnati, Ohio), a petition alleging that a question affectilig com- merce had arisen concerning the representation of employees of the Wheeling Corrugating Company '2 Louisville, Kentucky, herein called the Company, and requesting an investigation and certification of IL Incorrectly designated in formal papers preceding the hearing as The Truck Drivers Local Union #89 of the International Brotherhood of Teamsters, Chauffeurs, Stablemen and Helpers of America, A F. of L. 2 Incorrectly designated in formal papers prior to the hearing as The Wheeling Corru- gating Company. 27 N. L. R. B., No. 182. 1128 WHEELING CORRUGATING CO . 1129 representatives , pursuant to Section 9 (c) of the National Labor Rela- tions Act, 49 Stat. 449, herein called the Act. On October 2; 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 4, 1940, the Regional Director issued a notice of hear- ing, copies of which were duly served upon the Company and upon the Brotherhood . Pursuant to notice , a hearing was held on October 14, 1940, in Louisville , Kentucky , before Karl Filter, the Trial Exam- iner duly designated by the Board. The Company and the Brother- hood were represented by counsel or official representative ; both par- ticipated in the hearing and were afforded full opportunity to be heard, to examine and cross -examine witnesses , and to introduce evi- dence bearing on the issues . 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 prejudi- cial errors were committed . The rulings are hereby affirmed. Upon the entire record in the proceedings , the Board makes the following : FINDINGS OF FAar 1. THE BUSINESS OF THE COMPANY The Wheeling Corrugating Company is a West Virginia corpora- tion, having its principal offices in Wheeling , West Virginia. It is a wholly-owned subsidiary of the Wheeling Steel Corporation. The Wheeling Corrugating Company is engaged in the manufacture and sale of culvert pipe, gutter pipe, roofing , garbage cans , and like products . It owns and operates warehouses in many cities through- out the United States . Only. the plant at Louisville , Kentucky, is involved in these proceedings . The Louisville _plant is primarily a warehouse for the other plants, although there are also performed in it some operations upon the products of the other plants of the Company. ' All of the products stored and worked on in the Louisville plant are shipped to Louisville by the Company from its plants outside of Kentucky. During 1939 the products shipped to the Louisville ware- house were valued at over $200,000. During the same year the prod- ucts shipped to customers from the Louisville warehouse were valued at over $200 ,000. Approximately 30 per cent of all such products were shipped to purchasers outside the State of Kentucky. 1130 DECISIONS OF NATIONAL LABOR RELATIONS BOARD II. THE ORGANIZATION INVOLVED The Truck Drivers Local Union #89 of the International Brother- hood of Teamsters, Chauffeurs, Warehouse Workers and Helpers of America, is a labor organization affiliated with the American Federa- tion of Labor and admits to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION On September 16, 1940, the Brotherhood requested the Company to bargain with it as the representative of the Company's employees in a unit at the Louisville plant claimed to be appropriate. The Com- pany declined on that date and thereafter to recognize the Brother- hood until it was certified by the Board. There was introduced in evidence a statement by the Regional Director showing that the Brotherhood represents a substantial number of employees in the unit herein found to be appropriate.' We find that a question has arisen concerning ,the representation of the employees of the Company. IV. THE EFFECT OF THE 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 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 At the hearing the Company and the Brotherhood stipulated that a unit consisting of all warehouse and other workers in the employ of the Company at its Louisville, Kentucky, â€¢ plant, excluding the superintendent and other workers having the right to hire and fire, foremen, office and clerical workers, watchmen or guards,' salesmen and janitors, constituted a unit appropriate for the purposes of collective bargaining. We find no reason to depart from the unit agreed upon by both parties. We find that a unit composed of all warehouse and other workers in they employ of the Company at its Louisville, Kentucky, plant, excluding the superintendent and others 'According to the statement the Brotherhood submitted 21 application cards dated September 14, 1940, and bearing what appeared to be genuine and original signatures. Twenty of the-21 names appearing on the cards are on the pay roll of the Company, dated September 21, 1940, showing 20 employees in the unit hereinafter found appropriate. WHEELING CORRUGATING CO. 1131 having-the right to hire and fire, foremen, office and clerical workers, watchmen or guards, salesmen and janitors, constitutes a unit appro- priate for the purposes of collective bargaining and that said unit would insure to employees of the Company the full benefit of their right to self-organization and to collective bargaining and otherwise effectuate the policies of the Act. VI. THE DETERMINATION OF REPRESENTATIVES The question concerning representation which has arisen can best be resolved by-an election by secret ballot. We shall direct that those eligible to vote in the election shall be the ' employees in the appropriate unit who are employed by the Company at its Louisville plant during the pay-roll period immediately preceding the date of our Direction of Election herein, including employees who did not work during such pay-roll period because they were ill or on vacation, and employees who were then or have since been temporarily laid off, but 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, Louis- ville, Kentucky, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 2. All warehouse and other workers in the employ of the Company a t its Louisville, Kentucky, plant, excluding the superintendent and others having the right to hire and fire, foremen, office and clerical workers, watchmen or guards, salesmen and janitors, constitute a unit appropriate for the purpose of collective bargaining within the meaning of Section 9 (b) of the 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- tions Act, and pursuant to Article III, Section 8, of National Labor Relations Board Rules and Regulations-Series 2, as amended, it is hereby DIRECTED that as part of the investigation authorized by the Board to ascertain representatives for the purposes of collective bargaining with Wheeling Corrugating Company, Louisville, Kentucky, an elec- 1132 DECISIONS OF NATIONAL LABOR RELATIONS BOARD tion by secret ballot shall be conducted as early ,as. possible, but not later than thirty (30) days from the date of this Direction of Elec- tion, under the direction and supervision of the Regional Director for the Ninth 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 warehouse and other workers at the Louisville, Kentucky, plant of the Company, who were employed during the pay-roll period immediately preceding the date of this Direction of Election, including employees who did not work during such pay-roll period because they were ill or on vacation, and em- ployees who were then or have since been temporarily laid off but excluding the superintendent and others having the'right to hire and fire, foremen, office and clerical workers, watchmen or guards, sales- men and janitors, and those who have since quit or been discharged for cause, to determine whether or not they desire to be represented by the Truck Drivers Local Union #89 of the International Brother- hood of Teamsters, Chauffeurs, Warehouse Workers and Helpers of America, A. F. of L.