Standard Steel Sections, Inc.Download PDFNational Labor Relations Board - Board DecisionsSep 16, 194458 N.L.R.B. 321 (N.L.R.B. 1944) Copy Citation In the Matter of STANDARD STEEL SECTIONS , INC. and UNITED CON- STRUCTION WORKERS , UNITED MINE WORKERS OF AMERICA Case -No.-2-R-4874.Decided September 16, 191,4 Messrs. Aaron Kurz and Harold F. Hirschhorn, of New York City, for the Company. Messrs. Michael E. Rosenstein and Lean Zwicker, of New York City, for the Union. Miss Ruth Rtmch, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon a petition duly filed by United Construction Workers , United Mine Workers of America , herein called the Union , alleging that a question affecting commerce had arisen concerning the representation of employees of Standard Steel Sections , Inc., New York City , herein called the Company , the National Labor Relations Board provided for an appropriate hearing upon due notice before Jerome I. Macht, Trial Examiner . Said hearing was held at New York City, on August 15, 1944 . 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 reserved rulings for the Board on the Company's motion to dismiss the petition on the ground that the Union is not a labor organization within the meaning of the Act. For reasons hereinafter stated, the motion is denied . The Trial Exam- iner '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 m ake 's the following : FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY The Company is a New York corporation which is engaged in the manufacture, sale, and distribution of pressed steel products and the 58 N. L. R. B., No. G5. 609591-45-vol. 5S-22 321 322 DECISIONS OF NATIONAL LABOR RELATIONS BOARD fabrication thereof as subcontractors. During the past year, the Company purchased hot rolled steel sheets, which is the principal raw material used, amounting to more than $100,000 in value, of which 75 percent was shipped from sources outside the State of New York. For the same period, the Company's products sold for more than $100,000 in value, of which approximately 5 percent was shipped out- side the State of New York. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATION INVOLVED United Construction Workers is a labor organization affiliated with the United Mine Workers pf America, admitting to membership em- ployees of the Company.' III. THE QUESTION CONCERNING REPRESENTATION The Company has refused to grant recognition to the Union as the exclusive bargaining representative of its employees until the Union has been certified by the Board in an appropriate unit. A statement of a Field Examiner, introduced into evidence at the hearing, indicates that the Union represents a substantial number of employees in the unit hereinafter found appropriate 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 We find, in accordance with the stipulation of the parties'and the record, that all production employees engaged in the fabrication of steel products, chauffeurs, and shipping employees, but excluding all office and clerical employees, buyers, salesmen, draftsmen, executives of the corporation, and all supervisory and managerial employees with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees, or effectively recommend such ac- tion, constitute a unit appropriate for the purposes of collective bar- gaining within the meaning of Section (b) of the Act.3 1 The Company denies that the Union is a labor organization within the meaning of the Act. The record discloses that the Union Is an organization in which employees partici- pate and that It represents employees for purposes of collective bargain i ng. We, there- fore, fill (] that the Union is a labor organization within the meaning of Section 2 ( 5) of the Act. 2 The Field Examiner reported that the Union submitted 36 authorization cards, 24 of which bore the names of persons appearing on the Company 's pay roll of July 31, 1944, which contained the names of 27 employees in the appropriate unit. There were 16 cards dated in June and 8 were dated in July of this year. a The Company did not engage any employees as maintenance employees at the time of the hearing . Maintenance work is done by a vice president of the Company. STANDARD STEEL SECTIONS, INC . 323 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-roll period, immediately preceding the date of the Direction of Election herein, sul ject to the limitations aiid-additions set forth in the Direc- tion. 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 Standard Steel Sections, Inc., New York City, 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 Second Region, acting in this matter as agent for the National Labor Relations Board, and subject to Article III, Sections 10 and 11, of said Rules and Regulations, among the em- ployees 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 the said pay-roll period because they were ill or on vacation or tempo- rarily laid off, and including employees in the armed forces of the United States who present themselves in person at the polls, but excluding those employees who have since quit or been discharged for cause and have not been rehired or reinstated prior to the date of the election, to determine whether or not they desire to be represented by United Construction Workers, affiliated with the United Mine Workers of America, for the purposes of collective bargaining. 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