American Rolling Mills Co.

In the Matter of AMERICAN ROLLING MILLS COMPANY and UNITED STEELWORKERS OF AMERICA (CIO) Case No. B-56,05.-Decided July 17,1943 Frost d Jacobs, by Mr. Cornelius J. Petzhold, of Cincinnati, Ohio, and Meyer, Johnson & Kincaid, by Mr. Virgil E. Johnson, of Zanes- ville, Ohio, for the Company. Mr. John V. Riffe, of Ashland, Ky., Mr. Albert J. Marsh, of Zanes- ville, Ohio, and Mr. Ralph M. Light, of Lebanon, Pa., for the Steel- workers. Mr. Clarence J. Crossland, of Zanesville, Ohio, for the Independent. Miss Muriel J. Levor, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon amended petition duly filed by United Steelworkers of Amer- ica (CIO), herein called the Steelworkers,' alleging that a question affecting commerce had arisen concerning the representation of em- ployees of American Rolling Mills Company, Zanesville, Ohio, herein called the Company,2 the National Labor Relations Board provided for an appropriate hearing upon due notice before John R. Hill, Trial Examiner. Said hearing was held at Zanesville, Ohio, on July 2, 1943. The Company, the Steelworkers, and Zanesville Armco Independent Organization, Inc., herein called the Independent, ap- peared, participated, and were afforded full opportunity to be heard, to examine and cross-examine witnesses and to introduce evidence bearing upon 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. ' A motion was made and granted at the hearing to amend the petition and other formal documents to set forth the name of the Steelworkers, as above ' A motion was made and granted at the hearing to amend the petition and other formal documents to set forth the name of the Company, as above. 51 N. L. R. B., No. 78. X91 392 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 American Rolling Mills Company , an Ohio corporation , is engaged in the manufacture, sale and distribution of steel products. It op- erates plants located in Ohio, Kentucky and Pennsylvania. We are concerned only with the Company's Zanesville, Ohio, plant in this proceeding. The principal products manufactured at the Zanesville plant are electrical steel sheets and armor plates. The principal raw materials used there in manufacturing are metal bars and steel plates of an approximate value of $3,000 ,000 annually, of which about 50 percent is shipped from points outside the State of Ohio. The fin- ished products manufactured at the Zanesville plant have an approxi- mate value of $4,500 ,000, of which about 75 percent is shipped to points outside the State of Ohio. The Company concedes that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATIONS INVOLVED United Steelworkers of America is a labor organization affiliated with the Congress of Industrial Organizations, admitting to mem- bership employees of the Company. • Zanesville Armco Independent Organization , Inc., is an unaffiliated labor organization, admitting to membership employees of the Com- pany. III. THE QUESTION CONCERNING REPRESENTATION In the early part of 1943 the Steelworkers requested the Company by letter to recognize it as the exclusive bargaining representative of the employees of the Zanesville plant. The Company refused .3 A statement of the Trial Examiner made at the hearing indicates that the Steelworkers represents a substantial number of employees 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. 'All parties stipulated at the bearing. that a question concerning representation exists. We therefore find it unnecessasy to decide whether or not a contract , entered into by the Company and the Independent on September 1, 1942, is a bar to an election. We note, however, that the contract expires September 1, 1943. 4 The Trial Examiner reported that the Steelworkers submitted 531 designations, of which 370 bearing apparently genuine original signatures correspond with names on the Company's pay roll of June 26, 1943. The Company's representative stated at the hearing that there were 788 employees in the unit requested, listed on the aforesaid pay roll. AMERICAN ROLLING MILLS COMPANY - 393 IV. THE APPROPRIATE UNIT , In substantial accordance with an agreement of the parties, we find that all production and maintenance employees of the Company's Zanesville, Ohio, plant, excluding watchmen, plant guards, office and salaried employees, employees in the first-aid and medical depart- ments, salaried employees in the metallurgical departments, foremen, assistant foremen, and other supervisory employees with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees, or effectively recommend such action, con- stitute 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 an election by secret ballot among the em- ployees in the appropriate unit who were employed during the pay- roll period immediately preceding the date of the Direction of Elec- tion herein, 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 Relations Act, and pursuant to Article III, Section 9, of National Labor Rela- tions 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 American Rolling Mills Company, Zanesville, Ohio, 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 Eighth Region, acting in this matter as agent for the National Labor Relations Board, and subject to Article III, Section 10, 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 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, to determine whether they ,desire to be represented by United Steelworkers of America, affiliated with the Congress of Industrial Organizations, or by Zanesville Armco Independent Organization, Inc., for the purposes of collective bar- gaining, or by neither.