Monumental Iron & Metal Co.

In the Matter of MONUMENTAL IRON & METAL Co. and CONGRESS OF INDUSTRIAL ORGANIZATIONS Case No. R-0-324-Decided March 17, 1941 Jurisdiction : scrap iron buying and selling industry. Investigation and Certification of'Representatives : existence of question,- refusal • to accord union recognition ; election necessary. Unit, Appropriate for Collective Bargaining : all employees, excluding clerical employees, supervisors, and salesmen ; agreement as to. Mr. John J. Bannon, Jr., of Baltimore, Md., for the Company. Mr. Frank J. Bender, of Baltimore, Md., for the Union. Mr. Eugene M. Purver, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On January 16, 1941, 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 em- ployees of Monumental Iron R Metal Co., Baltimore, Maryland, 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 February 6, 1941, 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 provide for an appropriate hearing upon due notice. On February 7, 1941, the Regional Director issued a notice of hearing, copies of which were duly served upon the Company and the Union. Pursuant to the notice, a hearing was held on February 17, 1941, at Baltimore, Maryland, before Robert W. Knadler, the Trial Examiner duly designated by the Chief Trial Examiner. The Com- pany and the Union were represented by their duly authorized repre- 30 N. L. R. B., No. 54. 366 11 MONUMENTAL IRON & METAL COMPANY 367 sentatives and participated in the hearing. Full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evi- dence bearing upon 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 of it-med. Upon the entire record in the case, the Board makes the following: FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Monumental Iron & Metal Co. is a Maryland corporation engaged in buying and selling scrap iron and other metals at Baltimore, Mary- land. During 1940 the total value of the scrap iron and other metals handled by-the,Company was approximately $386,000. The Company obtained all such materials within the State of Maryland and shipped approximately 42 per cent thereof to points outside the State of Maryland. II. THE ORGANIZATION INVOLVED Congress of Industrial Organizations is a labor organization ad- mitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION On January 9, 1941, the Union requested the Company to meet with it for the purpose of collective bargaining on behalf of its em- ployees. The Company refused to-do so and also refused to consent to an election to determine the question concerning representation. At the, hearing a report prepared 'by the' Regional Director was introduced. in evidence showing that the Union represents a sub- stantial number of the employees in the unit found in Section V, infra, to be appropriate for the purposes of collective bargaining., We find that a question has arisen concerning the representation of employees of the Company. 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 'The statement of the Regional Director concerning Claims of Authorization for the Purpose of Representation shows that the Union submitted to the Regional Director 17 membership application cards , all bearing apparently genuine, original signatures, and all dated in January 1941. The Regional Director reported that 16 of the cards bear the names of peisons on the Company's pay roll of January 25, 1941 . The Company has approximately 22 employees. 0 368 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 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 commerce and the free flow of commerce. V. THE APPROPRIATE UNIT 0 At the hearing the parties agreed and,, we find that -all employees of the Company, excluding clerical employees, supervisors, and salesmen, constitute a unit appropriate for the purposes of collective bargain- ing. We further find 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 the repre- sentation of employees of the Company can best be resolved by an election by secret ballot. At the hearing the parties agreed that eligibility to vote in the election should be determined by the pay roll for the week ending January 18, 1941. We see no reason, how- ever, for not following our usual practice and shall direct that those eligible to vote in the election shall be the employees in the appro- priate unit who were employed by the Company during the pay-roll period immediately preceding the date of our Direction of Election, including employees who did not work during said pay-roll period because they were ill or on vacation or absent' because called for military service, and those who were then or have since been tem- porarily laid off, but excluding those who have since quit or been dis- charged 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 Monumental Iron & Metal Co., Baltimore, Maryland, within the meaning of Section 9 (c) and Section-2 (6) and (7) of the Act. 2. All employees of the Company, excluding clerical employees, supervisors, and salesmen, constitute a unit appropriate for the purposes of collective bargaining, within the meaning of Section 9 (b) of the Act. MONUMENTAL IRON & METAL COMPANY 369= 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 Relations 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 Monumental Iron & Metal Co., Baltimore, Maryland, 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 Di- rector for the Fifth 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 Monumental Iron & Metal Co. who were employed by it during the pay-roll period' immediately preceding the date of this Direction, including employees who did not work during that pay-roll period because they were ill, or on vacation or absent because called for military service, and em- ployees who were then or have since been temporarily laid off, but excluding clerical employees, supervisors, salesmen, and those who. have since quit or been discharged for cause, to determine whether or not they desire to be represented by Congress of Industrial! Organizations, for the purposes of collective bargaining.