Eureka Iron Works, Inc.

In the Matter of EUREKA IRON WORKS, INC. and SHOPMEN's LOCAL 545, INTERNATIONAL ASSOCIATION OF BRIDGE, STRUCTURAL & ORNAMENTAL IRON WORKERS, AFL Case No.2-R-6003.Decided April 10, 1946 Mr. Daniel Oppenheim, of Newark, N. J., for the Company. Messrs. Joseph P. Dunn and George A. Costello, of Newark, N. J., for the AFL. Mr. Maurice Margolies, of Newark, N. J., for the Independent. Mr. Herbert J. Nester, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon an amended petition duly filed by Shopmen's Local 545, Inter- national Association of Bridge, Structural & Ornamental Iron Work- ers; AFL, hereinafter called the AFL, alleging that a question affect ing commerce has arisen concerning the representation of employees of Eureka Iron Works, Inc., Elizabeth, New Jersey, hereinafter called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Richard J. Hickey, Trial Examiner. The hearing was held at Newark, New Jersey, on Feb- ruary 15 and 18, 1946. The Company, the AFL, and Independent Iron Workers of the Eureka Iron Works Union, Inc., hereinafter called the Independent, appeared and participated. 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. 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 1. THE BUSINESS OF THE COMPANY Eureka Iron Works, Inc., a New Jersey corporation, has its principal office and plant located in Elizabeth, New Jersey, where it is engaged 67 N. L. R. B, -No. 31. 229 230 DECISIONS OF NATIONAL LABOR RELATIONS BOARD in the fabrication of metals and the maintenance of a metal works. During the past year, the Company purchased raw materials valued in excess of $25,000, of which approximately 10 percent was shipped from places outside the State of New Jersey to its Elizabeth plant. During the same period, the Company sold finished products valued in excess of $250,000, of which approximately 4 percent was shipped to places outside the State of New Jersey. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. H. THE ORGANIZATIONS INVOLVED Shopmen's Local 545, International Association of Bridge, Struc- tural & Ornamental Iron Workers, is a labor organization affiliated with the American Federation of Labor, admitting to membership employees of the Company. Independent Iron Workers of the Eureka Iron Works Union, Inc., is an independent labor organization admitting to membership em- ployees of the Company. III. TILE QUESTION CONCERNING REPRESENTATION On or about October 20, 1945, the AFL notified the Company that it represented a majority of the Company's employees and requested recognition as their exclusive bargaining representative. The Com- pany refused to grant such recognition to the AFL because of its exist- ing contract with the Independent., A statement of a Board agent, introduced into evidence at the hear- ing, indicates that the AFL represents a substantial number of em- ployees 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 The AFL requests a unit comprised of all production and mainte- nance employees, including welders, burners, machinists, maintenance men, truck drivers, crane operators, and shipping and receiving em- ployees, but excluding office employees, watchmen, supervisors, general foreman, foremen, and all other supervisory employees with authority ^ Neither the Company nor the Independent alleged that the contract is a bar to the instant proceeding 2 The Field Examiner reported that the A F of L . submitted 22 application cards ; that the names of 18 persons appearing on the cards were listed on the Company's pay roll of Octobei 31, 1945, which contained the names of 24 employees in the appropriate unit. '1`he Independent claims an interest herein by virtue of its contract with the Company. EUREKA IRON WORKS, INC. 231 to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees, or effectively recommend such action. The Company agrees with the AFL as to the composition of the foregoing unit. The Independent, however, would include the plant supervisors, the general foreman, and all foremen. Evidence is clear that the plant supervisor, the general foreman and the foremen 3 all have supervisory authority within the Board's cus- tomary definition thereof. Accordingly, we shall exclude them from the unit. We find that all production and maintenance employees, including welders, blacksmiths, burners, machinists, maintenance men, truck drivers, crane operators, and shipping and' receiving employees, but excluding the plant supervisors, the general foreman, foremen 4 and rill other supervisory employees with authority to hire, promote, dis- charge, discipline, or otherwise effect changes in the status of em- ployees, or effectively recommend such action, constitute a unit appro- priate 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 an election by secret ballot among employees in the appropriate unit who were employed during the pay-Toll period immediately preceding the date of the Direction of Election herein, ;ub^ect 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, as amended, it is hereby DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with Eureka Iron Works, Inc., Elizabeth, New Jersey, 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 Second Region, acting in this matter as agent for the National Labor Relations Board, and subject to Ar- ticle III, Sections 10 and 11, of said Rules and Regulations, among employees in the unit found appropriate in Section IV, above, who s The record reveals that one George Glett, who is classified as a foreman in the black- smith's shop, is engaced solely in pioduction duties and has no employees under his supervision we shall include him in the unit , Excluding George Glett 232 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 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 of, and including employees in the armed forces of the United States who present themselves in person at the polls, but excluding those employees 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 Shopmen's Local 545, International Association of Bridge, Structural & Ornamental Iron Workers, AFL, or by Independent Iron Workers of the Eureka Iron Works Union, Inc., for the purposes of collective bargaining, or by neither.