Kansas City Structural Steel Co.

In the Matter of KANSAS CITY STRUCTURAL STEEL COMPANY and THE INTERNATIONAL ASSOCIATION OF BRIDGE, STRUCTURAL & ORNAMENTAL IRON WORKERS, SHOPMEN WORKERS, LOCAL 520, AFFILIATED WITH THE AMERICAN FEDERATION OF LABOR Case No. R-1589 SUPPLEMENTAL DECISION AND ORDER March 29, 1940 On December 13, 1939, the National Labor Relations Board, herein called the Board, issued a Decision and Direction of Election in the above-entitled proceeding.' The Direction of Election provided that an election by secret ballot be conducted as early as possible but not later than 30 days from the date of this Direction of Election, under the direction and supervision of the Regional Director for the Seven- teenth Region, among all production and maintenance employees in the operating department, employed in the Company's Kansas City plant, who were on the seniority list of the Company on October 16, 1939, or who had been in the employ of the Company within 12 months of that date but were not on the Company's seniority list of October 16, 1939, because they had been granted leaves of absence during that 12-month period or who had been hired by the Company between October 16, 1939, and the date of the Direction, but excluding office employees, salesmen, foremen who have the right to hire and discharge, foremen who perform no other work or duties than the direction of the work of other employees, truck drivers, watchmen, janitors, and super- intendents, and also excluding any who had since October 16, 1939, quit or been discharged for cause, to determine whether or not they desired to be represented, for the purposes of collective bargaining, by The International Association of Bridge, Structural & Ornamental Iron Workers, Shopmen Workers, Local 520, affiliated with the Ameri- can Federation of Labor. Pursuant to the Direction of Election, an election by secret ballot was conducted on January 11, 1940, under the direction and super- 118 N. L. R. B 291. 22 N. L. R. B., No. 8. 58 KANSAS CITY STRUCTURAL STEEL COMPANY 59 vision of the Regional Director for the Seventeenth Region (Kansas City, Missouri ). On January 12, 1940, the Regional Director, acting pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 2, issued and duly served upon the parties an Election Report containing a tally of the ballots. In his report the Regional Director certified that the ballot was fairly and impartially conducted, that the ballots cast were duly and fairly counted under his supervision, and that there had been filed with him, by the tellers, statements to that effect. As to the balloting and its results, the Regional Director reported the following : Total number on eligibility list------------------------------- 148 Total number of ballots cast---------------------------------- 142 Total number of ballots challenged --------------------------- 6 Total number of blank ballots-------------------------------- 0 Total number of void ballots--------------------------------- 0 Total number of valid votes cast------------------------------ 136 Total'-niimber of votes cast for The International Association of Bridge, Structural & Ornamental Iron Workers, Shopmen Workers, Local 520, affiliated with the American Federation of Labor-------------------------------------------------- 51 Total number of votes cast against The International Association of Bridge, Structural & Ornamental Iron Workers, Shopmen Workers, Local 520, affiliated with the American Federation of Labor-------------------------------------------------- 85 The results show that no collective bargaining representative has been selected, and it is unnecessary to pass upon the six challenged bal- lots since they would have no effect upon the result of the election. On January 18, 1940, The International Association of Bridge, Structural & Ornamental Iron Workers, Shopmen Workers, Local 520, affiliated with the American Federation of Labor, herein called the Iron Workers, filed objections to the Election Report of the Regional Director, requesting that the election be set aside on the ground that by various acts the Kansas City Structural Steel Company, herein called, the. Company, had exercised undue influence, coercion, and in- timidation to induce its employees to vote against the Iron Workers. On February 13, 1940, the Regional Director, acting pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended, issued and duly served upon the parties a Report on Objections to the Election Report. In his Report on Objections the Regional Director concludes that the Company com- mitted certain acts designed to influence the election result, but states that the representatives of the Iron Workers have advised him that inasmuch as the Company has not complied with the Order of the 60 DECISIONS OF NATIONAL LABOR RELATIONS, BOARD Board in Case No. C-815,' issued on April 20, 1939, they do not desire another election at this time even if the objections to the election should be sustained. The Regional Director, therefore, recommended in his Report that the petition of the Iron Workers be dismissed without prejudice to its right to refile a petition for investigation and certifica- tion of representatives after compliance of the Company with the Order of the Board in Case No. C-815, and after the effects of the unfair labor practices found therein have been dissipated. Pursuant to permission of the Board, the Company filed, on March 4, 1940, sugges- tions relating to the Report of the Regional Director on Objections to the ballot, concurring in most of the conclusions stated in the Report, but contending that the Regional Director should have made findings that none of the alleged acts were intimidating, coercive, or prejudicial and further contending that the results of the election should neither be set aside nor the objections be dismissed without prejudice. These suggestions have been duly considered by the Board. Although some of the objections of the Iron Workers to the election are sufficient, if proved, to set aside the results of the election, in view of the fact that the Iron Workers does not desire a new election at this time, we shall overrule the objections and dismiss the petition of the Iron Workers for investigation and certification of representatives without prejudice to its right to file a new petition for investigation and certification of representatives after compliance of the Company with the Order of the Board in Case No. C-815, or after a reasonable period of time has elapsed. ORDER By virtue of Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, and pursuant to Article III, Sections 8 and 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended, IT IS HEREBY ORDERED that the petition for investigation and certifica- tion of employees of Kansas City Structural Steel Company,.Kansas City, Kansas, filed by The International Association of Bridge, Struc- tural & Ornamental Iron Workers, Shopmen Workers, Local 520, affili- ated with the American Federation of Labor, be, and it hereby is, dismissed without prejudice to the right to file a new petition for inves- tigation and certification of representatives after compliance of the Company with the Order of the Board in Case No. 0-815, or after a reasonable period of time has elapsed. 2Matter of Kansas City Structural Steel Company and International A8sociatton of Bridge, Structural and Ornamental Iron Workers , Shopmen Workers, Local 520, 12 N. L. R. B. 327.