Max Zeigler & Bros., Inc.

National Labor Relations Board - Board Decisions

Jan 26, 1942

38 N.L.R.B. 540 (N.L.R.B. 1942)

In the Matter of MAX ZEIGLER & BROS., III c. and STEEL WORKERS
ORGANIZING COMMITTEE, AFFILIATED WITH THE C. I. O.
Case No. B-3425.-Decided January 206,1942
Jurisdiction : junk and waste material purchasing and selling industry.
Investigation and Certification of Representatives : existence of question: re-
fusal to accord union recognition until certified by the Board ; election neces-
sary.
Unit Appropriate for Collective Bargaining : all employees of the Company at
its Muncie, Indiana, yards and plants, excluding supervisory employees, fore-
men, and clerical employees; watchmen excluded, notwithstanding desire of
Company for their inclusion, where they engage in very little manual labor,
devote practically all of their time to plant- and property-protection duties,
and are not eligible to membership in the petitioning union.
Mr. George S. Jewett, of Muncie, Ind., for the Company.
Mr. J. Wilbur Reid, of Muncie, Ind., for the S. W. O. C.
Mr. Robert E. Tillman, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On October 10, 1941, Steel Workers Organizing Committee, affil-
iated with the C. I. 0., herein called the S. W. O. C., filed with the
Regional Director for the Eleventh Region (Indianapolis, Indiana)
a petition alleging that a question affecting commerce had arisen con-
cerning the representation of employees of Max Zeigler & Bros., Inc.,
Muncie, Indiana, herein called the Company, and requesting an in-
vestigation and certification of representatives pursuant to Section 9
(c) of the National Labor Relations Act, 49 Stat. 449, herein called
the Act. On December 17, 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 to provide for an
appropriate hearing upon due notice.
38 N. L. R. B., No 113.
540
MAX ZEIGLER & BROS., INC. 541
On December 23, 1941, the Regional Director issued a notice of
hearing, copies of which were duly served upon the Company and
the S. W. O. C. Pursuant to notice, a hearing was held on December
29, 1941, at Muncie, Indiana, before Robert D. Malarney, the Trial
Examiner duly designated by the Chief Trial Examiner. The Com-
pany and the S. W. O. C. were represented and 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 rulings on motions and on 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.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FAor
1. THE BUSINESS OF THE COMPANY
The Company, an Indiana corporation, is engaged in the purchase
and sale of junk and waste materials, principally metals. Its home
office is located at Muncie, Indiana. Raw materials are purchased,
and sales are made, throughout Indiana, Illinois, Kentucky, Ohio,
and other adjoining States. Purchases outside Indiana represent
not less than ten percent of total purchases ; for the last twelve
months preceding the hearing such purchases amounted in value to
about $10,000. Over one-third of the sales are made in other States,
such sales amounting to $150,000 to $175,000 during the same period.
The Company admits that it is engaged in interstate commerce
within the meaning of the Act.
II. THE ORGANIZATIONS INVOLVED
Steel Workers Organizing Committee is a labor organization
affiliated with the Congress of Industrial Organizations. It admits
to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to enter into any bargaining contracts
until an election has been held and a representative has been certified
by the Board.
A statement by the Regional Director, introduced in evidence,
indicates that the Union represents a substantial number of employees
in the unit which it contends is appropriate.'
' The Regional Director 's statement shows that 22 union membership cards were sub-
mitted. Of these, 13 were dated between April 1 and June 1, 1941, and 9 between Sep-
tember 1 and October 1, 1941. All the signatures appear to be genuine . Sixteen of the
names appeared on the October 10 , 1941, pay roll. There are approximately 30 employees
in the unit desired by the S. W. O. C.
542 DECISION'S OF NATIONAL LABOR RE,LATIOINTS BOARD
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
The S. W. 0. C. desires a unit composed of all employees at the
yards and plants in Muncie, Indiana, excluding supervisory em-
ployees, foremen, clerical employees, and watchmen. The only dis-
pute between the parties concerns the 1 part-time and 3 full-time
watchmen, whom the Company wishes to include in the unit. The
watchmen devote practically all their time to plant- and property-
protection duties; only about 5 percent of their work consists of
manual labor around the yards. Watchmen are not eligible to mem-
bership in the S. W. 0. C. In view of these facts, we shall exclude
them.
We find that all employees of the Company, at its Muncie, Indiana,
yards and plants, excluding supervisory employees, foremen, clerical
employees, and watchmen, constitute a unit appropriate for the
purposes of collective bargaining, and 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 will
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 the holding of an election by secret
ballot, and we shall so direct. Those eligible to vote shall be the
employees in the appropriate unit who were employed during the
pay-roll period immediately preceding the date of our Direction of
Election, subject to the limitations and additions set forth herein.
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 Max Zeigler & Bros., Inc., Muncie, Indiana,
MAX ZEIGLER & BROS., INC. 543
within the meaning of Section 9 (c) and Section 2 (6) and (7) of the
Act.
2. All employees of the Company, at its Muncie, Indiana, yards
and plants, excluding supervisory employees, foremen, clerical em-
ployees, and watchmen, constitute a unit appropriate 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 ordered by the Board
to ascertain representatives for the purposes of collective bargain-
ing with Max Zeigler & Bros., Inc., Muncie, Indiana, 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 Director for the Elev-
enth 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 the Company, at its Muncie,
Indiana, yards and plants, who were employed during the pay-roll
period next preceding the date of this Direction, including 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, foremen, clerical employees, and watchmen, and em-
ployees who have since quit or been discharged for cause, to deter-
mine whether or not they desire to be represented by Steel Workers
Organizing Committee, affiliated with the Congress of Industrial
Organizations, for the purposes of collective bargaining.