Patapsco Scrap Corp.

In the Matter of PATAPSCO SCRAP CORPORATION, EMPLOYER and LOCAL 43, INDUSTRIAL UNION OF SIIIPBIIILDING WORKERS OF AMERICA, C. I. 0., PETITIONER Case No. 5-R 2391.-Decided July 25, 1946 Cravath, Sirainc and Moore, by Eugene E. Buchanan, of New York City, for the Employer. Mr. G. J. McVicar, of Baltimore, Md., for the Employer. Messrs. Ralph M. Vbmtead, Joseph J. DeKleva, and Edward A.. ,Shorb, Jr., of Baltimore, Md., for the Petitioner. Mr. James Zett, of counsel to the Board. DECISION AND DIRECTION OF ELECTION Upon a petition duly filed, hearing in this case was held at Balti- more, Maryland, on July 8, 1946 , before Harold M. Weston, Trial Examiner. The Trial Examiner's rulings made at the hearing are free from prejudicial error and are hereby affirmed. The Employer moved to dismiss the petition. For reasons hereinafter indicated, the motion is denied. Upon the entire record in the case, the National Labor Relations Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE EMPLOYER Patapsco Scrap Corporation is a Delaware corporation with its principal place of business and only plant at Fairfield, Baltimore, Maryland. It is engaged in buying, selling, dismantling, scrapping, breaking up, and otherwise dealing in vessels of all kinds and their equipment, buildings, machinery, locomotives, cars, railroad tracks and equipment, bridges, and any other article consisting wholly or partly of iron, steel, or other metals or materials. During the period from January 3, 1946, .when the Employer was first incorporated, to June 27, 1946, the aggregate value of materials 69 N. L. R. B., No. 108. 911 912 DECISIONS OF NATIONAL LABOR RELATIONS BOARD purchased by the Employer for purposes of scrapping was in excess of $500,000, of which more than 90 percent was shipped to the Em- ployer's Fairfield plant from points outside the State of Maryland. During the same period, from January 3 to June 27, 19 46, the ma- terial scrapped by the Employer amounted to approximately $40,000 in value, of which about 10 percent was shipped from the Fairfield plant to points outside the State of Maryland, and 80 percent was shipped to the Bethlehem Steel Company at Sparrows Point, Mary- land, for use in steel manufacture. The Employer admits and we find that it is engaged in commerce within the meaning of the National Labor Relations Act. IT. TIIE ORGANIZATION INVOLVED The Petitioner is a labor organization affiliated with the Congress of Industrial Organizations, claiming to represent employees of the Employer. III. THE QUESTION CONCERNING REPRESENTATION The Employer refuses to recognize the Petitioner as the exclusive bargaining representative of employees of the Employer. We find that a question affecting commerce has arisen concerning the representation of employees of the Employer, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act. IV. THE APPROPRIATE UNIT In accordance with the stipulation of the parties at the hearing, we find that all employees at the Employer's Fairfield , Baltimore, Mary- land, plant , including yard timekeepers , fire watch and firemen, but excluding office and clerical employees , guards, executives , foremen, assistant foremen, leadmen, and all other supervisory employees with authority to hire, promote , discharge, discipline, or otherwise effect changes in the status of employees , or effectively recommend such ac- tion, constitute a unit appropriate for the purposes of collective bar- gaining within the meaning of Section 9 (b) of the Act. V. THE DETERMINATION OF REPRESENTATIVES The Employer contends that an election at the present time would be premature because it is still in the process of setting up its plant and is presently employing less than 50 percent of its anticipated full complement. In the alternative , it contends that any certification issued in this proceeding should be subject to some time limitation. PATAPSCO SCRAP CORPORATION 913 The Employer now engages 370 employees in the appropriate unit, anticipates a complement of 700 employees by January 1, 1947, and a full complement of 775 to 800 1 employees by about March 1, 1947. In addition, all departments which the Employer expects to operate at full production, with the exception of the transportation department,' are now manned and operated by the Employer, and 75 tons of dismantled scrap metal are being shipped daily from the Employer's plant. Thus, the Employer's present working force is a representative cross section, and approximates 50 percent of the anticipated full complement. We conclude, therefore, that an election at the present time is not pre- mature. Moreover, we see no reason to provide that any certification which may be issued in this proceeding shall not be efficacious for the usual period of time .3 We shall direct that the question concerning representation which has arisen be resolved by an election by secret ballot, subject to the limitations and additions set forth in the Direction. DIRECTION OF ELECTION As part of the investigation to ascertain representatives for the purposes of collective bargaining with Patapsco Scrap Corporation, Baltimore, Maryland, 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 Fifth Region, acting in this matter as agent for the National Labor Relations Board, and subject to Article III, Sections 10 and 11, of National Labor Relations Board Rules and Regulations-Series 3, as amended, 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 in- cluding employees in the armed forces of the United States who pre- sent themselves in person at the polls, but excluding those employees who have since quit or been discharged for cause and have not been 1 A representative of the Petitioner testified that the Employer' s Employment Manager stated that he had orders to hire a maximum of 600 to 700 employees . In view of our determination herein, it is unnecessary to resolve this conflict. 2 This department is manned and operated by Bethlehem -Fairfield Shipyard , Incorpo- rated, a corporate affiliate of the Employer , pending the transfer of locomotives and cars by Bethlehem Steel Corporation to the Employer . The Employer has undertaken to give preference in hiring , in all departments , to former and present Bethlehem-Fairfield em- ployees. These employees have for some time been represented in collective bargaining by the Petitioner. 3 Matter of War Hemp Industries , Incorporated, 57 N. L. R. B. 1709; Matter of Aluminum Company of America, 52 N. L. R. B . 1040; Matter of Hoosier-Cardinal Corporation, 67 N. L. R. B. 49. 701592-47-vol. 69-59 914 DECISIONS OF NATIONAL LABOR RELATIONS BOARD rehired or reinstated prior to the date of the election, to determine whether or not they desire to be represented by Local 43, Industrial Union of Marine and Shipbuilding Workers of America, C. I. 0., for the purposes of collective bargaining. MR. JOHN M. HOUSTON took no part in the consideration of the above Decision and Direction of Election. C