Cambridge Iron and Metal Co.

In the Matter of CAMBRIDGE IRON AND METAL CO. and CONGRESS OF INDUSTRIAL ORGANIZATIONS Case No. R-2183.-Decided December 20,19.440 Jurisdiction : scrap iron and steel buying and selling industry. Investigation and Certification of Representatives : existence of question: refusal to accord recognition to the union ; election necessary. Unit Appropriate - for Collective Bargaining : all employees, excluding, super- visory and clerical employees, and salesmen. Mr. William D. MacMillan and Mr. Irvin Davison, of Baltimore, Md., for the Company. Mr. Frank J. Bender, of Baltimore, Md., for the Union. Mr. Louis Cokin, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On November 14, 1940, Congress of Industrial Organizations, herein called the Union, filed with the Regional Director for the Fifth Region (Baltimore, Maryland) a petition alleging that a question affecting commerce had arisen concerning the representation of employees of Cambridge Iron and Metal Co., Baltimore, Maryland, herein called the, Company, and requesting an investigation and certification of repre- sentatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On November 27, 1940, the National Labor Relations Board, herein called the Board, acting pur- suant to Section 9 (c) 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 28, 1940, the Regional Director issued a notice of hear- ing, copies of which were duly served upon the Company and the Union. ,Pursuant to notice, a hearing was held on December 6, 1940, at Balti- more, Maryland, before Herbert O.Eby, the Trial Examiner duly desig- nated by the Board. The Company was represented by counsel, the 28 N. L. R. B., No. 107. 709 710 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Union by its representative; 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 rul- ings 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. Tile rulings are hereby affirmed. Upon the entire record in the case, the Board makes the following: FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY Cambridge Iron & Metal Co. is a partnership operating two yards in Baltimore, Maryland, where it is engaged in the business of buying and selling scrap iron and steel. All of the scrap iron and steel bought by the Company is bought in the State of Mary- land. The Company's sales amounted to approximately $500,000 for the 12-month period ending December 1, 1940, approximately 30 per cent of which represents goods sold by it to points outside the State of Maryland. The Company employs approximately 69 employees. The Company stated that it had no objection to the jurisdiction of the Board in this proceeding. II. THE ORGANIZATION INVOLVED' Congress of Industrial Organizations is a labor organization admitting to membership all employees of the Company, excluding supervisory and clerical employees and salesmen. III. THE QUESTION CONCERNING REPRESENTATION' On November 4,. 1940, the Union, wrote to the Company' asking for, a conference for the purposes of collective bargaining. Although the Company,- replied to, the Union,, no, meeting was, held as a result of -the request. A statement of the Regionat_Director introduced. in, evidence. shows that the, Union, represents, a': substantial, number of employees in. the unit which. it alleges, is appropriate.' We find, that a question, has arisen concerning the representation of employees of the-Company. ' The Regional Director's statement shows that 45 employees whose names appear on the Company's .pay roll oP, November, 22, 1940, have signed applications` In the Union. There, are approximately 60 employees in the alleged appropriate unit. CAMBRIDGE, IRON AND METAL' CO. 711 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 ' t6_-'lead- to 'labor '-disputes burdening- and" - obstructing comnierce•.and: the'free.flow, of-commerce. V. THE APPROPRIATE UNIT The Company and the Union agreed at the hearing that the appro- priate unit should' consist of all employees of the Company,, exclud- ing supervisory and clerical employees and_ salesmen. We see no reason for departing, from such unit. We find that all employees of the Company, excluding supervisory and clerical employees and salesmen, constitute a unit appropriate for the purposes, of. collective bargaining,. and. that such unit will insure, to. employees I ofF 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 The, Union. seeksi to be certifiedi on the basis of the record'. The evidence at the hearing shows that- the Company employs, approxi- mately 60 employees in the appropriate unit. In support of its claim of majority representation, the Union produced applications for membership in the Union signed by 54 of the approximately, 60 employees in the appropriate unit. The Company, objected to these applications serving as a basis for the certification of the Union with- out an election. Under, these, circumstances, we believe, that the question concerning representation can best be resolved .by means of an election by secret ballot.2 The Union urged that a pay, roll during the early part of Novem- ber 194'0'`be._used..as_a.basis _for.determining.eligibijity to. vote-in the event the Board' directed an election. The Union stated in support of its request to .use such a pay roll that employees have been laid off by the Company, since that time. The Company did not • state its position with regard to the pay roll to be used to determine eligibility. No reason, appears why the payroll immediately, preceding the date 2 See Matter of Armour, d, Company and United Packinghouse Workers, Local Industrial Union,No. 13, of ,Packinghouse Workers Organizing Commwttee, affiliated with the CIO, 13 N. L. R. B. 567. 712 DECISIONS OF NATIONAL LABOR RELATIONS BOARD of our Direction of Election herein should hot be used, inasmuch as the -usual direction includes as persons eligible to participate.' in the election employees who were then or have since been' temporarily laid off. It is apparent that such a direction will make adequate provision for the employees laid off by the Company for lack of business. - We shall direct that the employees of the Company eligible to vote in the election shall be those in the appropriate unit who were em- ployed during the pay-roll period immediately preceding the date of the Direction of Election 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 repre- sentation of employees of Cambridge Iron and Metal Co., Baltimore, Maryland, within the meaning of Section 9 (c) and Section 2 (6) and (7), of the National Labor Relations Act. 2. All employees of the Company, excluding supervisory and cler- ical employees and salesmen, constitute 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 lpursuarit 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 Cambridge .Iron and Metal' Co., Baltimore, Maryland, an elec- tion 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 Fifth Region, acting in this matter as agent for the National Labor Rela- tions Board, and subject to Article III, Section 9, of said Rules and Regulations, among all employees of the Company who were em- ployed during the pay-roll period immediately preceding the date of CAMBRIDGE IRON AND METAL CO. 713 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 supervisory and clerical- employees, salesmen, and employees who have since quit or been discharged for cause, to determine whether or not they desire to be represented by Congress of Industrial Organ- izations for the purposes of collective bargaining. CHAIRMAN HARRY A. Mmms took no part in the consideration of the above Decision and Direction of Election.