Rock Island Bridge and Iron Works

National Labor Relations Board - Board Decisions

Aug 20, 1945

63 N.L.R.B. 426 (N.L.R.B. 1945)

In the Matter of ROCK ISLAND BRIDGE AND IRON WORKS and LOCAL
UNION # 691 OF THE INTERNATIONAL ASSOCIATION OF BRIDGE STRUC-
TURAL & ORNAMENTAL IRON WORKERS , A. F. OF L.
Case No. 13-R-4137.-Decided August 2 0,1945
Messrs. Ben T. Reidy and Ed Manhard, both of Rock Island, Ill.,
for the Company.
Mr. Clyde B. Judkins, of Des Moines, Iowa, for the Union.
Mr. David V. Easton, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by Local Union #691 of the International
Association of Bridge Structural & Ornamental Iron Workers,
A. F. of L., herein called the Union, alleging that a question affecting
commerce had arisen concerning the representation of employees of
Rock Island Bridge and Iron Works, Rock Island, Illinois, herein
called the Company, the National Labor Relations Board provided for
an appropriate hearing upon due notice before Gustav B. Erickson,
Trial Examiner. Said hearing was held at Moline, Illinois, on June
26, 1945. The Company and the Union appeared' and participated.
All parties were afforded full opportunity to be heard, to examine and
cross-examine witnesses, and to introduce evidence bearing on the
issues. The Trial Examiner's rulings made at the hearing are free
from prejudicial error and are hereby affirmed. All parties were
afforded an opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Rock Island Bridge and Iron Works, an Illinois corporation, is en-
gaged at its Rock Island plant in the fabrication of steel. The Com-
pany purchases yearly raw materials valued in excess of $50,000, of
1 International Brotherhood of Boilermakers, Iron Shipbuilders and Helpers of America,
A F of L, although duly notified , made no appearance at the hearing.
63 N. L. R. B., No. 64.
426
ROCK ISLAND BRIDGE AND IRON WORKS 427
which 40 percent originates from points outside the State of Illinois.
During the last fiscal year, sales of the Company exceeded $50,000 in
value, 35 percent of which required shipment of products outside the
State of Illinois.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
Local Union #691 of the International Association of Bridge
Structural & Ornamental Iron Workers, affiliated with the American
Federation of Labor, is a labor organization admitting to membership
employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the Union as the
exclusive bargaining representative of certain of its employees until
the Union has been certified by the Board in an appropriate unit.
A statement of a Field Examiner of the Board, introduced into
evidence at the hearing, indicates that the Union represents a sub-
stantial number of employees in the unit hereinafter found appro-
priate.2
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
Substantially in accordance with an agreement of the parties at the
bearing, we find that all production and maintenance employees of the
Company, excluding clerical employees, full-time truck drivers, and
all supervisory employees with authority to hire, promote, discharge,
discipline, or otherwise effect changes in the status of employees, or
effectively recommend such action, constitute a unit appropriate for
the purposes of collective bargaining within the meaning of Section 9
(b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among the em-
ployees in the appropriate unit who were employed during the pay-
2 The Field Examiner reported that the Union submitted 39 designations of which 32
"checked" on the Company's pay roll of April 17, 1945 . The Company employs 37 produc-
tion and maintenance workers.
428 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
roll period immediately preceding the date of the Direction of Elec-
tion herein, subject to the limitations and additions set forth in the
Direction.
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 9, of National Labor
Relations Board Rules and Regulations-Series 3, as amended, it is
hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Rock Island
Bridge and Iron Works, Rock Island, Illinois, 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 Thirteenth Region, act-
ing in this matter as agent for the National Labor Relations Board,
and subject to Article III, Sections 10 and 11, of said Rules and Regu-
lations, among the employees in the unit found appropriate in Section
IV, above, who were employed during the pay-roll period immediately
preceding the date of this Direction, including employees who did not
work during said pay-roll period because-they were ill or on vacation
or temporarily laid off, and including employees in the armed forces
of the United States who present themselves in person at the polls,
but excluding any who have since quit or been discharged for cause
and have not been rehired or reinstated prior to the date of the elec-
tion, to determine whether or not they desire to be represented by
Local Union #691 of the International Association of Bridge Struc-
tural & Ornamental Iron Workers, affiliated with the A. F. of L., for
the purposes of collective bargaining.
MR. GERARD D. REILLY took no part in the consideration of the above
-Decision and Direction of Election.