Columbia Tool Steel Co.

In the Matter of COLUMBIA TooL STEII. COMPANY and UNITED Cox- STRUOTION WORKERS, AFFILIATED WITH UNITED MINE WORKERS OF AMERICA Case No. -13-R-2670.-Decided November 17, 1944 Fyffe & Clarke, by Mr. David R. Clarke, of Chicago, Ill., for the Company. Mr. Walter M. Brock, of Hammond, Ind., for the U. M. W. Mr. Raymond Sarocco, of Harvey, Ill., for the U. S. A. Mr. Louis Cokin, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by United Construction Workers, affiliated with United Mine Workers of America, herein called the U. M. W., alleging that a question affecting commerce had arisen concerning the representation of employees of Columbia Tool Steel Company, Chi- cago Heights, Illinois, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before David Karasick, Trial Examiner. Said hearing was held at Chicago, Illinois, on October 27, 1944. At the commencement of the hearing, the Trial Examiner granted a motion of United Steelworkers of America, C. I. 0., herein called the U. S. A., to intervene. The Company, the U. M. W., and the U. S. A. appeared, participated, and 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. All parties were afforded opportunity to file briefs with the Board. Upon the entire record in the case, the Board makes the following: FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY Columbia Tool Steel Company operates a plant at Chicago Heights, Illinois, where it is engaged in the manufacture of tool steel. During 59 N. L. R. B., No. 70. 329 330 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 1943 the Company purchased 'raw materials valued in excess of $50,000, over 50 percent of which was shipped to it from points out- side the State of Illinois. During the same period, the Company sold products valued in excess of $100,000, over 50 percent of which was shipped to points outside the State of Illinois. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATIONS INVOLVED United Construction Workers, affiliated with United Mine Workers of America, is a labor organization, admitting to membership em- ployees of the Company. . 'United Steelworkers of America is a labor organization affiliated with the Congress of Industrial Organizations, admitting to member- ship employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The Company refuses to recognize the U. M. W. as the exclusive bargaining representative 'of its employees. A statement of a Field Examiner of the Board, introduced into evidence at the hearing, indicates that the U. M. W. represents a sub- stantial number of employees in the unit hereinafter found to be 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 We find, in accordance with a stipulation of the parties, that all production and maintenance employees of the Company, excluding watchmen, guards, office and clerical employees, foremen, hammer, foremen, melting foremen, roller mill foremen, and any other super- visory employees with authority to hire, promote, discharge, disci- pline, 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 shall direct that the question concerning representation which has arisen be resolved by means of an election by secret ballot among 'The Field Examiner reported that the U. M. W. presented 119 membership application cards. There are approximately 200 employees in the appropriate unit. The U. S. A. presented 43 cards. COLUMBIA TOOL STEEL COMPANY 331 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 $y 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 9, of National Labor Relations Board Rules and Regulations-Series 3, as amended, it is hereby DIRECTED- that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with Columbia Tool Steel Company, Chicago Heights, Illinois, 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 Thirteenth Region, acting in this matter as agent for the National Labor Relations Board, and subject to Article III, Sections 10 and 11, of said Rules and Regula- tions, 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 vacation or temporarily laid off, and including 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 and have not been rehired or reinstated prior to the date of the election, to determine whether they desire to be represented by United Construc- tion Workers, affiliated with United Mine Workers of America, or by United Steelworkers of America, C. I. 0., for the purposes of collective bargaining, or by neither. s