W. J. Holliday & Co.

In the Matter of W. J. HOLLIDAY & COMPANY and INTERNATIONAL ASSOCIATION OF BRIDGE, STRUCTURAL AND ORNAMENTAL IRON WORKERS, A. F. OF L. Case No. 13-R-3001.-Decided June 18, 1945 Mr. Carl Wilde, of Indianapolis, Ind., for the Company. Mr. Emil W. Lestina, of Chicago, Ill., for the Union. Mr. Louis Cokin, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by International Association of Bridge , Struc- tural and Ornamental Iron Workers. A F. of L., herein called the Union, alleging that a question affecting commerce had arisen concerning the representation of employees of W. J. Holliday & Company, Hammond, Indiana, herein called the Company , the National Labor Relations Board provided for an appropriate hearing upon due notice before Robert T. Drake, Trial Examiner . Said hearing was held at Chicago, Illinois, on May 25, 1945 . The Company and the Union appeared , participated, and were afforded full opportunity to he 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. TIIE BUSINESS OF THE COMPANY W. J. Holliday-& Company is an Indiana corporation with its principal office at Indianapolis, Indiana. We are here concerned with its plant at 62 N. L. R. B., No. 70. 528 W. J. HOLLIDAY & COMPANY 529 Hammond, Indiana, where it is engaged in the distribution of steel products. About 50 percent of the raw materials used by the Company is shipped to it from points outside the State of Indiana, and approximately 25 percent of its finished products is ,hipped by the Company to points outside the State of Indiana. The Company admits that it is engaged in commerce within the mean- ing of the National Labor Relations Act. II. THE ORGANIZATION INVOLVED International Association of Bridge, Structural and Ornamental Iron Workers is a labor organization affiliated with the American Federation of Labor, admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION Prior to April 3, 1945, the Union requested recognition of the Company as exclusive collective bargaining representative of the employees at the Hammond plant. The Company refused this request. A statement of a Field Examiner of the Board, introduced into evidence at the hearing, indicates that the Union represents a substantial 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 substantial agreement with the parties, that all employees of the Company at its Hammond, Indiana, plant, including watchmen and shipping room employees, but excluding office employees, plant superin- tendent's clerk, salesmen, and all supervisory employees with authority to hare, promote, discharge, 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 shall direct that the question concerning representation which has arisen be resolved 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. The Company employs four part-time employees who work an average of 20 hours per month. We conclude that they do not have a sufficient 1 The Field Examiner reported that the Union presented 22 membership application cards There are approximately 40 employees in the appropriate unit. 530 DECISIONS OF NATIONAL LABOR RELATIONS BOARD interest in the selection of a bargaining representative to entitle them to vote in the election. 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 Relations Board Rules and Regulations-Series 3, as amended, it is hereby DIRECTED that, as part of the investigation to ascertain representatives for the purposes of collective bargaining with W. J. Holliday & Company, Hammond, Indiana, 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 Direc- tor 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 Regulation, 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 or not they desire to be represented by International Association of Bridge, Structural and Ornamental Iron Workers, A. F. of L., for the purposes of collective bargaining.