Lewis Steel Products Corp.

In the Matter of LEWIS STEEL PRODUCTS CORP.' and LOCAL 1225 of THE UNITED ELECTRICAL, RADIO & MACHINE WORKERS OF AMERICA, C. I. O. Case No. R-1793.-Decided May 15, 1940 Steel Kitchen Cabinet Manufacturing Industry-Investigation of Representa- tives: controversy concerning representation of employees : rival organizations- Contract: for 2-year period, of which more than one year has elapsed, no bar to investigation or certification of representatives-Unit Appropriate for Col- lective Bargaining: all employees exclusive of officers, plant superintendents, foremen , foreladies, errand boys, sweepers, office and clerical workers, and designers ; stipulation as to-Election Ordered Mr. Martin I. Rose, for the Board. Kotzen, Mann cC Siegel, by Mr. Joseph Yaspan, of New York City, for the Company. Mr. Frank Scheirer, of New York City, for the U. E. R. M. W. Mr. Nathan C. Caress, of New York City, for Local No. 18943. Mr. Leo B. Fee, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On February 10, 1940, Local 1225 of the United Electrical, Radio & Machine Workers of America, C. I. 0., herein called the U. E. R. M. W., filed with the Regional Director for the Second Region (New York City), a petition alleging that a question affect- ing commerce had arisen concerning the representation of employees of Lewis Steel Products Corp., Brooklyn, New York, herein called the Company, and requesting an investigation and certification of representatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On March 15, 1940, the National Labor Relations Board, herein called the Board, acting pursuant to Section 9 (c) of the Act and Article III, Section 3, of National Labor Relations Board Rules and Regulations-Series ' Incorrectly designated in the petition as Lewis Steel Products Corporation. At the hearing the petition was amended to indicate the correct name. 23 N. L. R. B., No. 83. 793 794 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 2, as amended, ordered an investigation and authorized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice. On March 25, 1940, the Regional Director issued a notice of hear- ing, copies of which were duly served upon the Company, the U. E. R. M. W., and Wholesale Hardware, Crockery & House- furnishing Specialties Union, Local No. 18943, A. F. of L., herein called Local No. 18943, a labor organization claiming to represent employees directly affected by the investigation. Pursuant to notice, a hearing was held on April 8, 1940, at New York City before Her- -bert Wenzel, the -Trial Examiner duly designated by the Board. 'The Board, the Company, and the U. E. R. M. W. were represented by counsel; Local No. 18943, by its business manager; all participated ,in the hearing. Full opportunity to be heard, to examine and cross- examine witnesses, and to introduce evidence bearing on the issues was afforded all parties. During the course of the hearing the Trial Examiner made several rulings on motions and on objections -to the admission of evidence. The Board has reviewed the rulings of the Trial Examiner and finds that no prejudicial errors were committed. The rulings are hereby affirmed. Upon the entire record in the proceeding, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Lewis Steel Products Corp., a New York corporation having its principal office and plant in Brooklyn, New York, is engaged in the manufacture, sale, and distribution of steel kitchen cabinets. Dur- ing the year 1939 the Company purchased raw materials of a value ,of approximately $120,782.00, of which approximately s/5 of 1 per cent were purchased and shipped to the Company from points out- side the State of New York. One of the principal raw materials used by the Company is steel, all of which is purchased from Green- berg Brothers Iron & Steel Corporation, Brooklyn, New York, herein called Greenberg Brothers, a New York corporation whose stock- holders and officers, with one exception, are identical with those of the Company. During the year 1939 more than 50 per cent of the steel purchased by Greenberg Brothers was shipped to its place of business from points outside the State of New York. During the same year the Company purchased steel from Greenberg Brothers of a value of $88,241.32. During the year 1939 the Company manufactured products of a value of approximately $218,247.00, of which approximately 20 per cent were sold and shipped to points outside the State of New York. LEWIS STEEL PRODUCTS CORPORATION 795 II. THE ORGANIZATIONS INVOLVED Local 1225 of the United Electrical, Radio & Machine Workers of America, C. I. 0., is a labor organization, affiliated with the Con- gress of Industrial Organizations, admitting to its membership employees of the Company. Wholesale Hardware, Crockery & Housefurnishing Specialties Union, Local No. 18943, A. F. of L., is a labor organization, affiliated with the American Federation of Labor, admitting to its member- ship employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION On February 18, 1939, in settlement of a strike of employees of the Company, Local No. 18943 and the Company entered into a closed-shop contract covering all employees of the Company, exclu- sive of "plant superintendents, foremen, foreladies (sic), errand boys, sweepers, office and clerical workers and designers," for a term expiring on February 28, 1941. At the hearing the U. E. R. M. W. claimed that a majority of the employees of the Company are now its members and, in support thereof, introduced into evidence membership application cards, dated between February 5 and March 27, 1940, signed by 54 of the 64 employees whose names appear on the Company's pay roll of April 3, 1940, exclusive of officers, plant superintendents, foremen, foreladies, errand boys, sweepers, office and clerical workers, and designers. On February 16, 1940, the U. E. R. M. W. wrote a letter to the Company, claiming to represent a majority of the employees of the Company and requesting a conference with representatives of the Company. Thereafter, the Company informed the U. E. R. M. W. that due to the existing contract with Local No. 18943 it could not recognize the U. E. R. M. W. At the hearing the Company and Local No. 18943 contended that the contract of February 18, 1939, constitutes a bar to an investiga- tion and certification of representatives. Inasmuch, however, as the contract has already been in effect for more than a year, we find that it does not constitute such a bar.2 We find that a question has arisen concerning the representation of employees of the Company. 2 See Matter of Metro-Goidiayn-Mayer Studios, and Motion Picture Producers Assn., et al. and Screen Writers' Guild, Inc., 7 N. L. R. B. 662; and Matter of Columbia Broadcasting System, Inc. and American Communications Association (Formerly American Radio Teleg- raphists' Association), 8 N. L. R. B. 608. 796 DECISIONS OF NATIONAL LABOR RELATIONS BOARD IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPOI COMMERCE We find that the question concerning representation which has arisen, occurring in connection with the operations of the Company described in Section I above, has a close, intimate, and substantial relation to trade, traffic, and commerce among the several States, and tends to lead to labor disputes burdening and obstructing com- merce and the free flow of commerce. V. THE APPROPRIATE UNIT At the hearing the parties stipulated that the appropriate unit consists of all employees of the Company exclusive of officers, plant superintendents, foremen, foreladies, errand boys, sweepers, office and clerical workers, and designers. We see no reason for departing from the unit agreed upon. We find that all employees of the Company, exclusive of officers, plant superintendents, foremen, foreladies, errand boys, sweepers, office and clerical workers, and designers, constitute a unit appro- priate for the purposes of collective bargaining and that said unit will insure to employees of the Company the full benefit of their right to self-organization and to collective bargaining and otherwise effectuate the policies of the Act. VI. THE DETERMINATION OF REPRESENTATIVES We find that the question which has arisen concerning representa- tion can best be resolved by an election by secret ballot. We shall direct that the employees within the appropriate unit who were employed by the Company during the pay-roll period immediately preceding the date of our Direction of Election, includ- ing those who did not work during said pay-roll period because they were ill or on vacation, and employees who were then or have since been temporarily laid off, but excluding those who have since quit or been discharged for cause, shall be eligible to vote in the election. Upon the basis of the above findings of fact and upon the entire record in the case, the Board makes the following : CONCLUSIONS OF LAW 1. A question affecting commerce has arisen concerning the repre- sentation of employees of Lewis Steel Products Corp., Brooklyn, New York, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act. LEWIS STEEL PRODUCTS CORPORATION 797 2. All employees of the Company exclusive of officers, plant super- intendents, foremen, foreladies, sweepers, errand boys, office and clerical workers, and designers, constitute a unit appropriate for the purposes of collective bargaining, within the meaning of Section 9 (b) of the Act. 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 authorized by the Board to ascertain representatives for the purposes of collective bar- gaining with Lewis Steel Products Corp., Brooklyn, New York, 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 of Election, 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 Article III, Section 9, of said Rules and Regulations, among all employees of Lewis Steel Products Corp., Brooklyn, New York, who were employed by it during the pay-roll period immediately preceding the date of this Direction, in- cluding those who did not work during such pay-roll period because they were ill or on vacation and employees who were then or have. since been temporarily laid off, but excluding officers, plant super- intendents, foremen, foreladies, sweepers, errand boys, office and clerical workers, designers, and those who have since quit or been discharged for cause, to determine whether they desire to be repre- sented by Local 1225 of the United Electrical, Radio & Machine Workers of America, C. I. 0., or Wholesale Hardware, Crockery & Housefurnishing Specialties Union, Local No. 18943, A. F. of L., for the purposes of collective bargaining, or by neither.