Wheeling Corrugating Co.

In the Matter Of WHEELING CORRUGATING COMPANY and INLAND WAREHOUSEMEN LOCAL No. 818, INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN & HELPERS, A. F. OF L. Case No. R-2168.-Decided December 3, 1940 Jurisdiction : warehousing industry. Investigation and Certification of Representatives : existence of question : refusal to accord recognition to union ; election necessary. Unit Appropriate for Collective Bargaining : all manual labor warehouse em- ployees excluding chauffeurs, office and clerical employees, watchmen, sales- men, and supervisory employees Mr. J. E. Bruce, of Wheeling, W. Va., for the Company. Mr. Benjamin Cunningham, of New York City, for the Union. Mr. Louis Cokin,of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On October 8 and November 9, 1940, respectively, Inland - Ware- housemen Local No. 818, International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers, A. F. of L., herein called the Union, filed with the Regional Director for the Second Region (New York City) a petition and an amended petition alleging that a ques- tion affecting commerce had arisen concerning the representation of employees of Wheeling Corrugating Company, Long Island City, New York, herein called the Company, and requesting an investiga-_ tion and certification of representatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On November 14, 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 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 November 15, 1940, the Regional Director issued a notice of hearing, copies of which were duly served upon the Company and the Union. Pursuant to notice, a hearing was held on November 25, 1940, at 'New York City, before Shad Polier, the Trial Examiner duly 28 N. L. R. B, No 50 294 WHEELING CORRUGATING COMPANY 295 designated by the Board. The Company was represented by counsel, the Union by its secretary-treasurer ; both 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. 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 case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Wheeling Corrugating Company is a West Virginia corporation and is a wholly owned subsidiary of Wheeling Steel Corporation. The principal office of the Company is located in Wheeling, West Virginia. This proceeding is concerned solely with one of its warehouses lo- cated at Long Island City, New York, where it is engaged in corru- gating roofing sheets and in warehousing, selling, and distributing sheet steel, sheet steel products, wire, and wire products. During the first 6 months of 1940, the Company shipped to its Long Island City warehouse products valued in excess of $200,000, approximately all of which had their origin outside the State of New York. During this same period the Company sold and shipped prod- ucts from its Long Island City warehouse to points outside the State of New York valued in excess of "$60,000, this figure constituting approximately 30 per cent of the Company's business during that period. The Company admits that it is engaged in commerce within the meaning of Section 2 of the Act. IT. THE ORGANIZATION INVOLVED Inland Warehousemen Local No. 818, International Brotherhood of Teamsters, Chauffers, Warehousemen & Helpers, is a labor organ- ization affiliated with the American Federation of Labor. It admits to membership all manual labor warehouse employees, excluding chauffeurs, office and clerical employees, watchmen, salesmen, and supervisory employees at the Long Island City warehouse of the Company. ' III. THE QUESTION CONCERNING REPRESENTATION The Union has requested the Company to bargain with it as the exclusive representative of the employees at its Long Island City warehouse. The Company has denied this request. We find that a question has arisen concerning the representation of employees of the Company. 296 DECISIONS OF NATIONAL LABOR RELATIONS BOARD IV. THE EFFECT OF THE QUESTION CONCERNING' REPRESENTATION UPON 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 The Company and the Union agreed, by stipulation that the ap- propriate unit should consist of all manual labor warehouse employees at the Long Island City warehouse of 1 the Company, excluding chauffeurs, office and clerical employees, watchmen, 'salesmen, and supervisory employees. • We' see no reason, for' departing from such unit. We find that all manual labor warehouse'' employees at the Long Island-City warehouse of the Company, excluding chauffeurs', office and clerical employees, watchmen, salesmen, ' and supervisory em- ployees, constitute a unit appropriate for the purposes of collective bargaining and that said unit will insure to employees of the Com- pany the full benefit of their right to' self-organization and to collective bargaining and otherwise effectuate the-policies of the 'Act. VI. THE DE'h4{MINATION OF REPRESENTATIVES We find that the question which has arisen' concerning the repre- sentation of employees of the Company can best be resolved by an election by secret ballot. The parties agree that eligibility of em- ployees to vote in the election should be determined by the Company's pay roll immediately preceding the date of the Direction. We find that the employees eligible to vote shall be those employees in the appropriate unit who were employed during the pay-roll period immediately preceding the date of the Direction herein, including employees 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 those who have since quit or been discharged for cause. 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 rep- resentation of employees at the Long Island City warehouse of Wheeling Corrugating Company, within the meaning of Section 9 'WHEELING CORRUGATING COMPANY 297 (c) and Section 2 (6) and (7) of the National Labor Relations'Act. 2. All manual labor warehouse employees at the Long Island City warehouse of the Company , excluding chauffeurs , office and clerical employees , watchmen , salesmen , and supervisory employees, consti- tute a unit appropriate for the purposes of collective bargaining, within the meaning of Section 9 (b) of the National Labor Relations 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, 49 Stat. 449, 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 bargaining with Wheeling Corrugating Company, Long Island City, 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, 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 manual labor warehouse employees at the Long Island City warehouse of the Company mho were em- ployed during the pay-roll period immediately preceding the date of this Direction , including employees 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 chauffeurs, office and clerical employees, watchmen, salesmen , super- visory employees, and employees who have since quit or been dis- charged for cause, to determine whether or not they desire to be represented by Inland Warehousemen Local No. 818, International Brotherhood of Teamsters , Chauffeurs, Warehousemen & Helpers, affiliated with the American Federation of Labor, for the purposes of collective bargaining. -CHAIRMAN HARRY A. MILLIS took no part in the consideration of the above Decision and Direction of Election. [SAME TITLE] CERTIFICATION OF REPRESENTATIVES December 23, 1940 On December 3, 1940 , the National Labor Relations Board, herein called the Board, issued a Decision and Direction of Election in the above-entitled proceeding. Pursuant to the Direction of Election, 298 DECISIONS OF` NATIONAL LABOR RELATIONS BOARD an election by secret ballot was conducted on December 6, 1940, under the direction and supervision of the Regional Director for the Second Region (New York City). On December 7, 1940, the Regional Di- rector, 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 an Election Report. No objections to the conduct of the ballot or the Election Report have been filed by any of the parties. ,As to the balloting and its results, the Regional Director reported as follows : Total number eligible to vote____________________________ 28 Total number of ballots cast ______________________________ 25 Total number of valid ballots____________________________ 25 Total number of votes in , favor of Inland Warehousemen .Local No. 818, International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers, affiliated with the American Federation of Labor________ __________________ 5 Total number of votes against afore-mentioned union ------ 0 Total number of blank votes _____________________________ 0 Total number of void ballots ____________________________ 0 Total number of challenged votes___ ______________________ 0 By virtue of and pursuant to the power vested in the National Labor Relations Board of Section 9 (c) of the National Labor Rela- tions Act, 49 ,Scat. 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 CERTIFIED that Inland Warehousemen Local No. 818, International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers, affiliated with the American Federation of Labor, has been designated and selected by a majority of all manual labor warehouse employees at the Long Island City warehouse of Wheel- ing Corrugating Company, excluding chauffeurs, office and clerical employees, watchmen, salesmen, and supervisory employees, as their representative for the purposes of collective bargaining, ' and that, pursuant to Section 9 (a) of the Act, Inland Warehousemen Local No. 818, International Brotherhood of Teamsters, Chauffeurs, Ware- housemen & Helpers, affiliated with the American Federation of Labor, is the exclusive' representative of all such employees for. the purposes of collective bargaining in respect to rates of pay, wages, hours of employment, and other conditions of employment. 28 N. L. R. B, No. 50a.