The Youngstown Steel Door Co.

In the Matter of THE YOUNGSTOWN STEEL DOOR COMPANY and FEDERAL LABOR UNION 22559 (AFL) ' Case No. R4417.-Decided May 3, 1941 Jurisdiction : steel products manufacturing industry. Investigation and Certification of Representatives : refusal to accord union rec- ognition until certified by the Board; new employees hired to replace laid-off employees who failed to return to work after being given an opportunity to do so, held eligible to vote where they were hired- on a permanent basis and, except as to vacations and certain similar privileges, have all the rights and privileges of old employees; election necessary. Unit Appropriate for Collective Bargaining : all employees at one of the Com- pany's plants, including stock clerks, but excluding supervisory employees, the superintendent, foremen, head foremen, pushers, clerical workers, time- keepers, office employees, watchmen, and patrolmen ; stipulation as to. Mr. J. E. Bennett, of Youngstown, Ohio, for the Company. Mr. Jesse Gallagher and Mr. P. A. Trant, of Cleveland, Ohio, for the Federal. Mr. LaVerne Halsey and Mr. John W. Grajeiar, of Youngstown, Ohio, for the S. W. O. C. Mary M. Persinger, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On February 7, 1941, Federal Labor Union 22559 (A. F. 'L.), herein called the Federal, filed with the Regional'Director for the Eighth Region (Cleveland, Ohio) a petition alleging that a question affecting commerce had arisen concerning the representation of em- ployees of The Youngstown Steel Door Company, Youngstown, Ohio, herein called the Company, and requesting an investigation and certi- fication, of representatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On March 13, 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 Regu- 31 N. L. R. B., No. 91. 555 556 DECISIONS OF NATIONAL LABOR RELATIONS BOARD lations-Series 2, as amended , ordered an investigation and author- ized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice. On March 17 , 1941, the Regional Director issued a notice of hear- ing, copies of which were duly served upon the Company , the Fed- eral, and Steel' Workers Organizing Committee Local No. 2310 (C. I. 0.), herein called the S . W. O. C., a labor organization claim- ing to represent employees , directly affected by the investigation. Pursuant to the notice, a hearing was held on March 25, 1941, at Youngstown , Ohio, before Max W. Johnstone, the Trial Examiner duly designated by the Chief Trial Examiner . The Company was represented by counsel, the Federal and the S. W. O. C . by repre- sentatives. All participated in the hearing. Full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing upon the issues was afforded all parties . During the course of the hearing the Trial Examiner made several rulings on motions and 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. At the hearing the Federal requested that it be certified as exclusive bargaining agent on the basis of the Regional Director's report.' The Trial Examiner reserved ruling on the motion . It is hereby denied. I Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY The Youngstown Steel' Door Company is an Ohio corporation which operates manufacturing plants at Youngstown, Ohio, and Hammond, Indiana. The present proceeding involves only the plant in Youngs- town, Ohio, where the Company is primarily engaged in the manu- facture and sale of doors and sides for freight cars, grain doors, and various bulk material containers. Steel sheets, bars, plates, struc- tural shapes, steel and malleable iron castings, rivets, and paint are the principal raw materials used at this plant. The Company an- nually purchases more than $1,000,000 worth of these raw materials for use at the Youngstown plant of which 10 per cent are obtained by it outside the State of Ohio. Finished products manufactured at the plant in 1940 were valued at $9,000,000. Approximately 95 per cent of such products were shipped by the Company to points out- side the State of Ohio. 1 Referred to in Section III, infra. THE YOUNGSTOWN STEEL DOOR COMPANY 557 H. THE ORGANIZATIONS INVOLVED Federal Labor Union 22559 (A. F. L.) is a labor organization, af- -Miated with the American Federation of Labor, admitting to mem- bership employees of the Company. Steel Workers Organizing Committee Local Union No. 2310 (C. I. 0.) is a labor organization, affiliated with the Congress of In- dustrial Organizations, admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION At the hearing the parties stipulated that on or about January 30, 1941, the Federal requested the Company to recognize it as the ex- clusive bargaining representative of the Company's employees within an appropriate unit. The Company declined to recognize the Fed- eral as such representative unless and until the Board certified it as such. A statement prepared by the Regional Director and introduced into evidence, discloses that the Federal and the S. W. O. C. each represents a substantial number of the Company's employees.2 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 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 At the hearing it was stipulated by all parties, and we find, that all the Company's employees at the Youngstown plant, including stock clerks, but excluding supervisory employees, the superintendent, foremen, head foremen, pushers, clerical workers, timekeepers, office employees, watchmen, and patrolmen, constitute a unit appropriate f The Regional Director stated that the Federal submitted to him 312 application cards in support of its claim that it represented 322 employees in an appropriate unit consisting of approximately 500 employees ; and that 243 of such cards bore dates between November 1940 and February 1941. He stated also that the S. W. O. C. submitted to him 82 application cards, 64 of which were dated January or February 1941 , and 18 of which were undated. 558 DECISIONS OF NATIONAL LABOR RELATIONS BOARD for the purposes of collective bargaining. 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 concerning representation which has arisen can best be resolved by an election by secret ballot. The Fed- eral contends that eligibility to participate in the election should be determined as of January 30 or February 7, 1941. The Company and the S. W. O..C. desire that the Company's current pay roll be used .to determine eligibility. On February 18, 1941, the Company laid off indefinitely,- for lack of work, some 50 employees, and later hired 25 new employees: The Federal apparently desires that the laid-off employees should be permitted to vote and the new employees hired after the February 18 lay-off should be refused such privilege. The Federal claims that such new employees are on a so-called "three months employment basis" and during such period do not participate in vacation and other benefits granted employees by the Company. However, it appears that the men laid off by the Company on February 18 and not now employed by it were thereafter given a chance to return to work for the Company and failed to do so and that the 25 men hired to replace them were hired on a permanent basis and, except as to vacations and certain similar privileges, have all the rights and privileges of old employees. Under these circumstances, we shall direct that all employees in the appropriate unit who were employed by the Company during the pay-roll period immediately preceding the date of our Direction of Election, subject to such limitations and additions as are set forth in said Direction, shall be eligible to vote. 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 The Youngstown Steel Door Company, Youngstown, Ohio, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act. 2. All the Company's employees at the Youngstown plant, includ- ing stock clerks, but excluding supervisory employees, the superintend- ent, foremen, head foremen, pushers, clerical workers, timekeepers, office employees, watchmen, and patrolmen, constitute a unit appro- THE YOUNGSTOWN STEEL DOOR COMPANY 559 priate 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 bargaining with The Youngstown Steel Door Company, Youngstown, Ohio, 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 Eighth 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 Youngstown Steel Door Company at its Youngstown, Ohio, plant who were employed by the Company during the pay-roll period immediately preceding 'the date of this Direction, including stock clerks, employees who did not work during such pay-roll period because they were ill or on vacation or in the active military service or training of the United States, or temporarily laid off, but excluding supervisory employees, the superintendent, foremen, head foremen, pushers, clerical workers, timekeepers, office employees, watchmen, patrolmen, and those who have since quit or been discharged for cause, to determine whether they desire to be represented by Federal Labor Union 22559 (A. F. L.), or by Steel Workers Organizing Committee, Local Union No. 2310 (C. I. 0.), for the purposes of collective bargaining, or by neither.