American Metal Decorating Co.

National Labor Relations Board - Board Decisions

Aug 6, 1951

95 N.L.R.B. 1003 (N.L.R.B. 1951)

AMERICAN METAL DECORATING COMPANY 1003
pendency of this petition? The Employer has not withdrawn from
membership in the Industrial Conference Board, nor has it indicated
an intent to abandon its practice of bargaining jointly with the other
employer members of the Board, otherwise than for these employees
during the pendency of this proceeding .3 In these circumstances, we
are unable to find that the Employer has unequivocally evinced an
intent henceforth to pursue a course of individual action with regard
to its labor relations 4 Therefore we believe that the bargaining his-
tory on a multiemployer basis is controlling in determining the ap-
propriate unit, and we find that a unit comprising only the employees
of this Employer is too limited in scope.5 As we have found that the
unit herein proposed is inappropriate, we shall dismiss the petition.
Order
IT IS HEREBY ORDERED that the petition filed herein be, and it hereby
is, dismissed.
2 This action , though it may have been laudably motivated, was apparently based on a
misconception of the Employer ' s responsibilities and privileges under the Act See
William Penn Broadcasting Company, 93 NLRB 1104. Cf. Midwest Piping and Supply
Company, 63 NLRB 1060.
'A contract was executed by the Industrial Conference Board as of April 1, 1951,
covering a separate multiemployer unit of truck drivers. The Employer, whose drivers
are included in this unit , has not revoked the Industrial Conference Board's authority to
represent it In negotiations for these employees.
4 Cf Associated Fleet Owners , et al, 90 NLRB No. 169; Carnation Company, 90
NLRB 1808.
5Aosociated Fleet Owners , supra; Carnation Company, supra ; Society of Independent
Motion Picture Producers, and its Members , 94 NLRB 110
AMERICAN METAL DECORATING COMPANY and UNITED STEELWORKERS
OF AMERICA, CIO, PETITIONER . Case No. 13-RC-1893. August
6, 1951
Decision and Order
Upon a petition duly filed under Section 9 (c) of the National
Labor Relations Act, a hearing was held before Helene Zogg, hearing
officer. The hearing officer's rulings made at the hearing are free
from prejudicial error and are hereby affirmed.
Pursuant to the provisions of Section 3 (b) of the Act, the Board
has delegated its powers in connection with this case to a three-member
panel [Members Houston, Reynolds, and Styles].
Upon the entire record in this case, the Board finds :
1. The Employer is engaged in commerce within the meaning of
the Act.
2. The labor organization involved claims to represent employees
of the Employer.
95 NLRB No. 120.
1004 DECISIONS ' OF. NATIONAL LABOR RELATIONS BOARD
3. No question affecting commerce exists concerning the representa-
tion of employees of the Employer, within the meaning of Section 9
(c) (1) and Section 2 (6) and (7) of the Act, for the following
reasons,
The Petitioner seeks a unit of production and maintenance employ-
ees at the Employer's coating and lithographing plant at Chicago,
Illinois. The Employer contends that an election should not be held
at this time because of impending changes that will materially affect'
the working conditions of the employees concerned.
The Employer and Illinois Metal Decorating Company, hereinafter
culled Illinois, with approximately 20 and 9 production employees
•at,their Chicago and Lincolnwood, Illinois, plants, respectively, are
engaged in the coating and lithographing of tin and black plate.
Gary Steel Supply Company, hereinafter called Gary, is engaged
at its Chicago main plant, hereinafter called the Gary main plant,
with an undisclosed number of employees, in the processing of steel,
and at its Chicago branch plant, hereinafter called the Gary branch
plant, with approximately 55 production employees, in the sorting and
slitting of tin and black plate.
The Employer, Illinois, and Gary have interlocking officers and
directors. The Employer has four officers : Its president, vice presi-
dent, treasurer and assistant secretary, and secretary and assistant
treasurer. The first three are also directors., The president is the
vice president of Illinois, the president and a director of Gary, and
the vice president and a director of Crown Metal Coating Company,
a holding corporation, hereinafter called Crown. The vice president
is the president and a director of Illinois. The treasurer and assistant
secretary is the treasurer and a director of Illinois, the vice president,
the treasurer, and a director of Gary, and the president, the treasurer,
and a director of Crown. The secretary and assistant treasurer is
the assistant secretary; the assistant treasurer, and a director of
Illinois.
About February 21, 1951, an exchange of stock took place between'
the stockholders of the Employer and those of Illinois, whereby the
stockholders in each corporation surrendered one-half of their shares
and received in return a corresponding number of shares in the other
corporation. At the time of the hearing, the Employer's president,
vice president, and treasurer and assistant secretary, and Crown owned
approximately 744 of the Employer's 1,000 shares of stock, 543 of
Illinois' 730 shares of stock, 5,000 of Gary's 6,000 shares of stock,
and 900 of Crown's 1,000 shares of stock.
The Employer and Illinois have a common plant superintendent.
''For their processing ,purposes, they buy approximately' 75 percent
of the tin and black plate processed at the Gary branch plant. The
T.I SCOW STEEL TCOMPANY 1005
Gary branch plant operates under a plant superintendent. Clerical
employees of Gary make up the Employer's payroll, and do some of
its accounting work. Each plant involved herein has a hiring office.
At the time of the hearing, held on May 25,, 1951, the Employer,
Illinois, and Gary .were erecting a new building, otherwise and here-
inafter called the Blue Island plant, to which they.expect to transfer
their operations about August 1, 19511 After the transfer, approxi-
mately 85 production and maintenance employees of the three con-
cerns will punch the same time clock and have the same general work-
ing conditions. The two plant superintendents will be retained. The
Employer's president will determine policy with respect to hours and
conditions of employment, wages, and similar matters for all, em-
ployees, and conduct all labor negotiations. There will be common
hiring and purchasing offices, and common office clerical and main-
tenance employees. The Employer, Illinois, and Gary will contrib-
ute their proportionate shares to the payment of common overhead
expenses, including those for maintenance, taxes, water, heating,
lighting, fuel, and wages of office clerical employees. Employees at
the Gary main plant will prepare and file income tax returns cover-
ing the corporations, and withholding and social security tax re-
turns covering employees at the Blue Island plant, and will make up
its payroll.
Under these circumstances, we are of the opinion that no useful
purpose will be served if we proceeded with a determination of rep-
resentatives at this time.2 We shall therefore dismiss the petition
herein, without prejudice to the filing of a new petition after opera-
tions have begun at the Blue Island plant.
Order
Upon .the entire record in this case, the National Labor Relations
Board hereby orders that the petition be, and it hereby is, dismissed
without prejudice.
1 The operations of the Gary main plant will not be transferred to the Blue Island plant.
2 International Harvester Company, Chattanooga Works, 73 NLRB 436 and cases cited
therein.
TRUSCON STEEL COMPANY and UNITED STEELWORKERS OF AMERICA,
CIO, PETITIONER . Case No., 8-RC-1012. August 7, 1951
Decision and Direction of Election
Upon a petition duly filed under Section 9 (c) of the National La-
bor Relations Act, a hearing was held before Bernard Ness, hearing
95 NLRB No. 116.