George L. Mesker & Co.

In the Matter of W. J. STUMPF, ADMINISTRATOR D/B/A GEORGE L. MESKER & COMPANY and INTERNATIONAL ASSOCIATION OF BRIDGE, STRUCTURAL & ORNAMENTAL IRON WORKERS, SHOPMEN's LOCAL 633. Case No. R-56 1.-July 20,19413 Messrs. Joseph H. Iglehart and Walter J. Stumpf, of Evansville, Ind., for the Company. Messrs. Thomas M. Lindsey and Ralph H. Weber, of Evansville, Ind., and Mr. Stanley P. Rounds, of St. Louis, Mo., for, the Union. Miss Frances Lopinsky, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon an amended petition duly filed by International Association of Bridge, Structural and Ornamental Iron Workers, Shopmen's Local. 633, herein called the Union, alleging that a question affecting com- merce had arisen concerning the representation of employees of W. J. Stumpf, Administrator, d/b/a George L. Mesker & Company, Evans- ville, Indiana, herein called the Company, the National Labor Rela- tions Board provided for an appropriate hearing upon due notice before Ryburn L. Hackler, Trial Examiner. Said hearing was held at Evansville, Indiana, on July 1, 1943. The Company and the Union appeared, participated, and 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 hear- ing are free from prejudicial error and are hereby affirmed. All par- ties were afforded opportunity to file briefs with the Board. Upon the entire record in the case, the Board makes the following: I The Trial Examiner at the beginning of the hearing amended all formal papers to con- form with the above correcting thereby the designation "George L. Mesker & Company" used in the pleadings. 51 N. L. R. B., No. 97. 528 GEORGE L. MESSKER & COMPANY FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY 529 George L. Mesker & Company is a proprietorship owned and man- aged by W. J. Stumpf, Administrator of the estate of Elizabeth D. MMIesker, deceased. The Company owns and operates a single plant in Evansville, Indiana. It is engaged in fabricating structural steel items, such as fire escapes, fire doors, and window frames. During 1942, the Company used materials consisting of raw steel and iron in an amount in excess of 5,000 tons, over 50 percent of which calve from points outside the State of Indiana. During the same period of time the Company manufactured finished products in excess of $1,- 000,000 in value, 30 percent of which was sold and transported to points outside the State of Indiana. The Company has no direct war contracts but its entire output is sold to construction concerns engaged in war production work. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. II .^ THE ORGANIZATIONS INVOLVED International Association of Bridge, Structural and Ornamental Iron Workers, Shopmen's Local 633, is a labor organization affiliated with the American Federation of Labor admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION On July 23, 1942, the Union filed a petition alleging that it repre- sented a substantial number of the Company's employees and that the Company refused to bargain with it on the ground that it doubted the Union's majority. On the basis of this petition and hearing held thereon the Board ordered an election' which was held September 24, 1942. The' Union was defeated in the election and the Board subsequently dismissed the petition! On May 4, 1943, the Union presented a contract to the Company for signature. On May 7, the Company told the Union's agent that it questioned the Union's majority status and would not bargain with it. A statement of the Acting Regional Director, introduced in evi- dence, supplemented by a statement of the Trial Examiner made at the hearing, indicates that the Union represents a substantial number 2 Matter of W. J. Stumpf, d/b/a George L Mesker & Co , 43 N L R B. 1237 . On a basis of authorization cards presented by the Union to the Regional Director before the hearing, the Union represented 78 out of 148 employees of the appiopriato unit. 3 44 N. L R. B. 1055 The Union was defeated by a vote of 52 to 64 530 DECISIONS OF NATIONAL LABOR RELATIONS BOARD of employees in the unit found appropriate.' Counsel for the Com- pany objected to the statement concerning the Union's representation showing, contending that it was not legal evidence and insisting upon a right to question the individual union members. We have hereto- fore affirmed the Trial Examiner's overruling of his objection The Company contends that no determination of representation should be made at this time because the Union has but recently dem- onstrated its lack of majority by the election of September 24, 1942. As no collective bargaining representative of the employees was chosen as a result of that election, and as apparently a majority of the Company's employees in the appropriate unit have since indicated a desire for representation by the Union, we believe the policies of the Act will best be effectuated by proceeding with a determination of representatives at this time." We find that a question affecting commerce has arisen concerning the representation of employees of the Company, within the mean- ing of Section 9 (c) and Section 2 (6) and (7) of the Act. IV. THE APPROPRIATE UNIT We find, in substantial accordance with the stipulation of the parties, that all employees at the Company's Evansville, Indiana, plant, exclusive of watchmen and/or guards, office and clerical em- ployees, and all supervisory employees with authority to hire, pro- mote, 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 an election by secret ballot among the em- ployees of the Company in the unit found appropriate in Section IV, above, 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. 4 The Union presented to the Acting Regional Director 1 card dated in 19-30, 1 dated in 1911, 6 dated in 1942, 28 dated in 1943, and 3 that were undated. Thirty-nine of the 50 signaturos, which appear to be genuine and original , are names of persons on the Company's May 26 , 1943 , pay roll which contains 85 persons within the appropriate unit At the hearing the Union presented to the Trial Examiner 17 additional signed applications, all apparently genuine, none duplicates of the designations previously submitted . One of these was dated June 27 , 1943, the balance July 1. Of these ;, 6, including the June 27 card, appeared on the Company 's May 26 pay loll. See Matter of R H. Sisk= & Sons, 41 N. L R B 187. See Matter of Knott & fJarllus, 44 N. L. R. B. 477. GEOiRGE L. MESKER & COMPANY DIRECTION OF ELECTION 531 By virtue of and pursuant to the power vested in the National Labor Relations Board by Section 9 (c) of the National Labor Re- lations Act, and pursuant to Article III, Section 9, 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 W. J. Stumpf, Administrator, d/b/a George L. Mesker & Company, Evansville, 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 Di- rector for the Fourteenth Region, acting in this matter as agent for the National Labor Relations Board, and subject to Article III, Sec- tion 10, of said Rulec and Regulations, among all employees of the Company 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 tempo- rarily laid off, and including employees in the armed forces of the United States who present themselves in person at the polls, but ex- cluding employees who have since quit or been discharged for cause, to determine whether or not they desire to be represented by Inter- national Association of Bridge, Structural and Ornamental Iron Workers of America, Shopmen's Local 633, A. F. of L., for the pur- poses of collective bargaining. J 540612-44-vol. 51-35