Mesta Machine Co.

In,,the Matter of MESTA -•MA CHINE" COMPANY and UNITED STEEL- WORKERS OF AMERICA (CIO) Case No. 6-B-903.-Decided February 25, 19.4 4 Reed, Smith, Shaw & McClay, by Messrs. Nicholas Unkovic and W. D. Armour, both of Pittsburgh, -Pa., for the Company. Messrs. Philip M. Curran and Frank Burke, both of Pittsburgh, Pa., for the Union. Mr. David V. Easton, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon a petition duly filed by United Steelworkers of America (CIO), herein called the Union, alleging that a question affecting commerce had arisen concerning the representation of employees of Mesta Machine Company, West Homestead, Pennsylvania, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before James A. Shaw, Trial Examiner. Said hearing was held at Pittsburgh, Pennsylvania, on February 4, 1944. The Company and the Union, appeared,, par- ticipated, and were afforded full opportunity to be heard, to exmine 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 Mesta Machine Company, a Pennsylvania corporation with its prin- cipal office and place of business located in West Homestead, Penn- Sylvania, is engaged in the manufacture, sale, and distribution of ordnance materials for the United States Army, and rolling mill ma- chinery for the Defense Plant Corporation, an instrumentality of the 55 N. L. R. B., No. 11. 59 60 DECISIONS OF NATIONAL LABOR RELATIONS BOARD United States Government, and for the steel industry in general throughout the United States. During the past 12-month period the value of the Company's purchases of raw materials used in its manu- facturing processes and derived from points outside the State of Penn- sylvania, was' in excess, of $1,000,000.' During the same period; the value of finished products of the Company sold= and delivered to-•poilits outside the -State of Pennsylvania, was in excess of $1,000,000, and represented approximately one-half its total production. The Com- pany, admits; that it is engaged in coinlnerce- within the meaning of the National Labor. Relations Act*.' '11.' THE ORGANIZATION INVOLVED United- Steelworkers, of America is a labor organization affiliated with the Congress of Industrial Organizations, admitting to mem- bership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The Company-has rrefused=to.greVit recognition to the Union-:as the, exclusive bargaining representative of its production and mainte- nance employees until the Union has been certified by the Board -in an appropriate unit. A statement of the Field Examiner, introduced into evidence at the'hearing, indicated that the Union represents a substantial num- ber 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 Substantially in accordance with an agreement of the parties made at the hearing, we find that all production and maintenance employees of the Company, including machinists, machinist apprentices, ma- chinist helpers, roll, turners, roll turner apprentices, roll shop helpers, fitters, fitter apprentices, fitter helpers, pattern makers, pattern maker apprentices, foundry molders, foundry coremakers, molder and' core- maker apprentices, foundry helpers, chippers, forge shop crews, em- ployees in the melting departments, crane operators, chairmen, laborers, service (Maintenance) employees, and timekeepers, but ex- cluding plant-protection employees, office and clerical employees, and all supervisory employees with authority to hire, promote, discharge, ' The Field Examiner reported that the Union submitted 1941 designation cards ; that a check of every tenth name upon the Company 's pay roll of January 26, 1944, was made against' said cards and indicated that 139 of the 415 names checked were found among said authorization cards. The Trial Examiner properly overruled the Company 's objections to the introduction of this report into evidence . ' See Matter of Hill Stores, Inc., 39 N. L. R. B. 874; Matter of Atlas Powder Company, 43 N. L. R. B. 757. MESTA MACHINE COMPANY 61 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 find that the question concerning, representation which has arisen can best be resolved by an election by secret ballot. The Com- pany contends that;the'Board should make provision in any, such election for employees of the Company who are now in the armed services. We recognize that persons on'military'leave retain their status as employees of the Company, and those who come to the polls, will be voted in accordance with,our customary practice.2 We shall' direct that the employees of the Company eligible to vote in the elec- tion shall be those 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 Rela- tions'BOard Rules and Regulations==Series 3,.it is hereby DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with Mesta Machine Company, West Homestead, Pennsylvania, 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 super- vision of the Regional Director for the Sixth Region,, acting in this matter as agent for the National Labor Relations Board, and subject to Article, III, Sections 10 alid 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 said pay-roll period because they were ill or on vaca- tion or temporarily laid off, and including employees in the armed forces of the United States who present themselves in person at the polls, but encluding those employees who have since quit or been dis- charged for cause and have not been rehired or reinstated prior to the date of -the election, to determine whether or not they desire to be represented by United Steelworkers of America, affiliated with the Congress of Industrial Organizations, for the purposes of collective bargaining. 2 Cf Matter of Wilson & Company, Inc., 37 N L. R. B 944.