R. H. Siskin & Sons

In the Matter of A. M . SISKIN AND GARRISON SISKIN, DOING BUSINESS AS R. H. SIS1uN & SONS and STEEL WORKERS ORGANIZING COMMIT- TEE (C. I. 0.) Case No. R-3774.-Decided May 02,1942 Jurisdiction : scrap metal industry. Investigation and Certification of Representatives : existence of question: re- fusal to accord petitioner recognition until certified by the Board; eligibility determined by payroll period requested by parties ; election necessary. Unit Appropriate for Collective Bargaining : all employees of the Company, excluding supervisory and clerical employees. Mr. Charles A. Noone, of Chattanooga, Tenn., for the Company. Mr. 0. S. Baxter, of Chattanooga, Tenn., for the Union. Mr. H. G. Moorhead, Jr., of counsel to the Board. I DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by Steel Workers Organizing Committee '(C. I. 0.), herein called the Union, alleging that a question affecting commerce had arisen concerning the representation of employees of A. M. Siskin and Garrison Siskin, doing business as R. H. Siskin & Sons, Chattanooga, Tennessee, herein called the Company, the Na- tional Labor Relations Board provided for an appropriate hearing upon due notice, before Alexander E. Wilson, Jr., Trial Examiner. Said hearing was held at Chattanooga, Tennessee, on April 27, 1942. The Company and the Union appeared, participated, and were afforded full opportunity to be heard, to examine and cross-examine witnesses, aril 'to introduce' evidence bearing on the issues. The Trial Examiner's rulings, made at the hearing, are free from pre- judicial error and are hereby affirmed. The Company has filed a brief which the Board has considered. 1 The name appears incorrectly in the Order Directing Investigation and Bearing and in the Order Designating Trial Examiner . The parties have stipulated that the name should be corrected upon amendment to the record, and the corrections have been effected. 41 N. L. R. B., No. 39. 187 188 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY A. M. Siskin and Garrison Siskin, doing business as R. H. Siskin & Sons, is a partnership engaged in the business of purchasing, sorting, preparing, and selling scrap metal. In 1941 the Company purchased scrap metal valued at $900,000, and of the amount pur- chased an amount valued at $700,000 was shipped to the Company at Chattanooga, Tennessee, from points outside the State of Ten- nessee. During the same period the Company made sales in excess of $1,000,000, and 50 percent of the metal sold was shipped to points outside the State of Tennessee. The- sales,made,by; the Company are subject to allocation and to priority rating by national war produc- tion authorities. The Company admits that it is engaged in com- merce within the meaning of the National Labor Relations Act. II. THE ORGANIZATION INVOLVED Steel Workers Organizing Committee is a labor organization affili- ated with the Congress of Industrial Organizations, admitting to -membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION . On or about-April 1, 1942, the Company refused,to recognize the Union as the bargaining agent of its employees until such time as the Union might be certified by the Board. -A.statement-made by the Trial, Examiner: .during the-course of the hearing indicates that the Union represents a -substantial number of employees in the unit herein found appropriate.2 Counsel for the Company objected to the proof contending that the Union did not actually represent that number of employees. We have heretofore affirmed the Trial Examiner's overruling of his objection 3 I - 2 The Trial Examiner stated that a Company pay roll dated April 7, 1942, listed the names of 39 employees in the unit proposed , and that he checked union application cards against this pay roll and found that 20 of such cards bore the apparently original and valid signatures of different employees whose names appeared on this pay roll. He also stated that "several" of these cards had not been signed by the employee named thereon : that such cards were marked with a cross , the mark of the employee, and were witnessed by the union organizer . The 20 cards checking with the pay roll were dated in the following months : in 1941-November, 8 cards ; December, 6 cards;- in 1942-January, February, and April, 1 • card each month ; March, 3 cards. ' Counsel for the- Company also objected to two rulings, limiting him tin attempts to prove - that ,the Union did not represent-a= substantialinumber - of employees., The, Trial Examiner ruled that the union organizer could not be cross-examined with respect to the number which the Union represented in fact and in good faith . He also ruled that counsel for the Company could not call to the stand all the employees of the Com- R. H. SISKIN ' & SONS 189 We find that a question affecting commerce has, arisen concerning representation of employees of the Company, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. IV. THE APPROPRIATE UNIT , We find,, in accordance with the contention of the Union, which the Company does not oppose, that all ,employees of the Company, ex- cluding supervisory and clerical, employees, constitute a unit appro. priate for the purposes-9f collective bargaining within the meaning, of Section 9 (b) of the 'Act. V. THE DETERMINATION OF 13EI'RESENTATIVES The parties joined in a request :that, if the -Board should order an election, eligibility to vote should be determined by reference to a pay roll -of 'the 'Company dated' April 7, 1942. In accordance with the request we shall direct-that the employees of the Company eli- gible to vote in the election shall be those in the appropriate unit who were employed during'said April 7, 1942, pay-roll period, 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 Rela- tions Act, and pursuant to Article III, Section 8, of National Labor Relations Board Rules and Regulations-Series 2, as amended, it is hereby DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with A. M. Siskin and Garrison Siskin, doing business-as R. H. Siskin & Sons, an election pany for the purpose of eliciting testimony as to whether or not each one desired the union representation Counsel has filed a brief to support his contention that these iulings constitute prejudicial error. Ile has cited cases wherein the petitioning union Sought certification upon the record . Matter of Cayuga Linen & Cotton Mills and Textile Workers Organizing Committee , 11 N L R B. 1 ; Matter of The Gates Rubber Company and Denver Printing Pressmen (Etc.) Union, 8 N L. R B 303; see also Matter of Wilmington Transportation Company and Inland Boatmen's Union, 4 N L. R B 750 Such cases are to be distinguished from cases wherein an election , and not certification upon the record , is sought When the proceeding contemplates an election , a showing of substantial representation is made only to advise the Board that holding an election would not be a vain procedure Matter of Hill Stores Inc and International Longshore- men's and Warehousemen's Union, 39 N L R ' B. 874 If unions were forced to re- veal their membership , unfair labor practices by employers might follow , and there- fore the Board does not require that a union which seeks an election by secret ballot must disclose to the employer which of its employees have authorized the union to represent them . Matter of Samson Tire and'. Rubber Cotporation and United 'Rubber Workers of America, 2 N L R. B 148, 156 We have for these reasons affirmed the rulings to which the Company 's brief is directed. 190 DECISIONS OF NAT10NAL LABOR RELATIONS BOARD 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 arid supervision of the, Regional Director for the Tenth Region, acting in this matter as agent for the National Labor Rela- tions Board, and subject to Article III, Section 9, 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 terminating April 7, 1942, including any, such employees who -did not work-during said pay-roll period because they-were,41 or on vacation' or in the active military service or training of the United States, or temporarily laid off, but excluding any who have since quit or been discharged for cause, to determine whether .or not they desire to be represented by Steel Workers Organizing Committee (C. I. 0.) for the-purposes bf collective bargaining: ' Mx. GERARD D. REILLY took no part in the consideration of the above Decision and Direction of Election.