Antrim Iron Co.

In the Matter of ANTRIM IRON COMPANY (Na UNITED LUMBER, IRON AND CHEMICAL WORKERS, L. I. UNION 1259, C. I. O. Case No. R-5288.-Decided May 18,19/•5 Mr. L. K. Pamn in,, M11i'. J. Pal?natier, and Mr. Marshall M. Uhl, of ,Grand Rapids, Mich., for the Company. Mr. se,verino Pgllo, of Detroit, Mich., and Mr. William L. Tryon,,of Boyne City, Mich., for the Chemical Workers. Mr. Henry I. Wilson, of Detroit, Mich., for District 50. Mr. Louis Cokin, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE, Upon petit ion duly filed by United.Lupiber, Iron and Chemical Workers, L. I. Union 1259, C. I. O., herein called the Chemical Work- ers, alleging that a question affecting commerce had arisen concerning the representation of employees of Antrim Iron Company, Antrim, .Michigan, herein called the Company, the National Labor Relations -Board provided for an appropriate hearing upon due notice before Charlotte Anschuetz, Trial Examiner. Said hearing was held at Detroit, Michigan, on May 3, 1943.' At the commencement of the -hearing, the Trial Examiner granted a motion of Local 12,211, District 50, Uiii'ted Mine Workers of America, herein called District 50, to intervene. The Company, the Chemical Workers, and District 50 appeared at and participated in the hearing, and 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. T you the entire record in the,case,,the Board makes the following: FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY 'Antrim Iron Company is a Michigan corporation engaged in the manufacture of charcoal pig iron, lumber, wood chemicals, and acetate 4:) N L R B., No. 123 869 870 DECISIONS OF NATIONAL LABOR RELATIONS BOARD of lime, at Antrim, Michigan. During 1942 the Company purchased raw materials valued at about $290,000, approximately 13 percent of which was shipped to it from points outside the State of Michigan. During the same period the Company manufactured products valued at-about $1,700.000, approximately 64.pereent of which was shipped to points outside the State of Michig<nn. The. Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGAxIYA'IIONS INVOLVED United Lumber, Iron and Chemical Workers,-L. I. Union 1259, is'a labor organization affiliated with the Congress itf Inchistrial Organi- zations, admitting to nembership enilnloyees of the Company. Local 12211, District 50, United Mine' Workers of America, is a labor organization admitting to membership employees of the Company. III. TILE QUESTION CONCERNING REPR ESENTATION On March 16, 1943, the Chemical Workers, claiming to represent a majority of the Company's employees, asked the Company for a, collective bargaining conference. The Company refused, this request. On April 17, 19`41, District 50 entered into an exclusive contract with the Company which'expireel on April '17,4942. On April 28, 1942, District 50 entered into a new contract with the Company which expired by its terns on April 28, 1943. The latter contract further provided that it would be automatically renewed from year to year thereafter unless either party 'thereto gives notice of a desire to ter- minate at least 30 days prior to any annual expiratioli date. The Com- pany and District 50 contend that the contract is a bar inasmuch as no notice was given by either party thereto. As, stated above, the Chemical Workers made its claim upon the Company, on March 16, 1943 , Inasmuch as the Chemical Workers made its claim of'a majority prior to'March 28, 1943, the date upon which the contract would have automatically renewed itself, we find that the contract does not constitute a bar to a determination of repre- sentatives at this time. A, statement of the Regional Director, introduced into evidence at the hearing, indicates that the Chemical Workers represents a substantial number of employees in the.unit hereinafter found to be appropriate.' 'The Regional Director reported that the Chemical Workers prevented 244 member- slip application ,cai(Is bearing afiparently genuine signatiites of peieons whose names appear on the Company's pax roll of March 20, 1943' ' There' are 343'euiployeeimm in the appropi late unit The Trial Examiner reported that Distiict 50 presented an author na- tion petition hearing apparently genuine signatures of 40 persons ithose'names appear on the Match 20, 1943, pay roll. ANTRIM IRON COMPANY 871 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 (G) and (7) of the Act. 1V. TIIE APPROPRIATE UNIT We find, in actord,uice with a stipulation of the parties, that all production 'and maintenance employees in the chemical, retort, boiler and blast furnace shops, sawmill, and laboratory of the Company, including shop men and truck drivers, but excluding executives, super- visory and office personnel, chemists, store and farm employees, lum- berjacks, and woodcltoppers, constitute a unit appropriate for the purposes of collective bargaining, within the meaning of Section 9 (b) of the Act.2 V. THE DETERMINATION OF REPRESENTATIVES We shall clarect that the question concerning representation which has arisen be reserved by means of an election by secret ballot among the employees 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 Baud by Section 9 (p) of the National Labor Relations Act, and pursuant to Article III, Section 9, of National Labor Rela- tions Board Rules and Regulations-Series 2, as amended, it is hereby DIRECTED that, as,part of the investigation to ascertain representa- tives for the purposes of collective bargaining with Antrim Iron Company, Antrim, 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 direction 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 10, of said Rules and Regulations, among the employees in the unit found appropriate in Section 1V, above, who were employed during the pay-roll period innnediately preceding the date of this Direction, including employees who did not work during said pay-roll period because they were ill or on vacation or temporarily, =This is th^ sanne unit that i^ provided for in the contract between District 50 and the Company. 872 DECISIONS OF, NA"T"IONAL LABOR RELATIONS BOARD laid off, and includinb employees in-the armed • forces of . the United States who present themselves in person at the polls, but excluding any who have since quit, or been discharged for -cause, to determine whether they desire to be represented by United Lumber, Iron and Chemical Workers, L. I. Union 1259, affiliated with the Congress of Industrial Organizations,, or by Local 12211. District 50, United Mine Workers of America, for the purposes of collective bargaining, or by_ neither.