American Rolling Mills Co.

National Labor Relations Board - Board Decisions

Jul 17, 1943

51 N.L.R.B. 391 (N.L.R.B. 1943)

In the Matter of AMERICAN ROLLING MILLS COMPANY and UNITED
STEELWORKERS OF AMERICA (CIO)
Case No. B-56,05.-Decided July 17,1943
Frost d Jacobs, by Mr. Cornelius J. Petzh old, of Cincinnati, Ohio,
and Meyer, Johnson & Kincaid, by Mr. Virgil E. Johnson, of Zanes-
ville, Ohio, for the Company.
Mr. John V. Riffe, of Ashland, Ky., Mr. Albert J. Marsh, of Zanes-
ville, Ohio, and Mr. Ralph M. Light, of Lebanon, Pa., for the Steel-
workers.
Mr. Clarence J. Crossland, of Zanesville, Ohio, for the Independent.
Miss Muriel J. Levor, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon amended petition duly filed by United Steelworkers of Amer-
ica (CIO), herein called the Steelworkers,' alleging that a question
affecting commerce had arisen concerning the representation of em-
ployees of American Rolling Mills Company, Zanesville, Ohio, herein
called the Company,2 the National Labor Relations Board provided
for an appropriate hearing upon due notice before John R. Hill,
Trial Examiner. Said hearing was held at Zanesville, Ohio, on
July 2, 1943. The Company, the Steelworkers, and Zanesville Armco
Independent Organization, Inc., herein called the Independent, ap-
peared, participated, and were afforded full opportunity to be heard,
to examine and cross-examine witnesses and to introduce evidence
bearing upon the issues. The Trial Examiner's rulings made at the
hearing are free from prejudicial error and are hereby affirmed. All,
parties were afforded opportunity to file briefs with the Board.
' A motion was made and granted at the hearing to amend the petition and other formal
documents to set forth the name of the Steelworkers, as above
' A motion was made and granted at the hearing to amend the petition and other formal
documents to set forth the name of the Company, as above.
51 N. L. R. B., No. 78.
X91
392 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
American Rolling Mills Company , an Ohio corporation , is engaged
in the manufacture , sale and distribution of steel products. It op-
erates plants located in Ohio, Kentucky and Pennsylvania. We are
concerned only with the Company's Zanesville , Ohio, plant in this
proceeding . The principal products manufactured at the Zanesville
plant are electrical steel sheets and armor plates . The principal raw
materials used there in manufacturing are metal bars and steel plates
of an approximate value of $3,000 ,000 annually , of which about 50
percent is shipped from points outside the State of Ohio. The fin-
ished products manufactured at the Zanesville plant have an approxi-
mate value of $4,500 ,000, of which about 75 percent is shipped to points
outside the State of Ohio.
The Company concedes that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
United Steelworkers of America is a labor organization affiliated
with the Congress of Industrial Organizations , admitting to mem-
bership employees of the Company.
• Zanesville Armco Independent Organization , Inc., is an unaffiliated
labor organization , admitting to membership employees of the Com-
pany.
III. THE QUESTION CONCERNING REPRESENTATION
In the early part of 1943 the Steelworkers requested the Company
by letter to recognize it as the exclusive bargaining representative of
the employees of the Zanesville plant. The Company refused .3
A statement of the Trial Examiner made at the hearing indicates
that the Steelworkers represents a substantial number of employees
in the unit hereinafter found appropriate."
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.
'All parties stipulated at the bearing. that a question concerning representation exists.
We therefore find it unnecessasy to decide whether or not a contract , entered into by
the Company and the Independent on September 1, 1942, is a bar to an election. We note,
however, that the contract expires September 1, 1943.
4 The Trial Examiner reported that the Steelworkers submitted 531 designations, of
which 370 bearing apparently genuine original signatures correspond with names on the
Company's pay roll of June 26, 1943. The Company 's representative stated at the hearing
that there were 788 employees in the unit requested, listed on the aforesaid pay roll.
AMERICAN ROLLING MILLS COMPANY - 393
IV. THE APPROPRIATE UNIT
, In substantial accordance with an agreement of the parties, we find
that all production and maintenance employees of the Company's
Zanesville, Ohio, plant, excluding watchmen, plant guards, office and
salaried employees, employees in the first-aid and medical depart-
ments, salaried employees in the metallurgical departments, foremen,
assistant foremen, and other supervisory employees with authority
to hire, promote, discharge, discipline, or otherwise effect changes in
the status of employees, or effectively recommend such action, con-
stitute 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-
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 Relations
Act, and pursuant to Article III, Section 9, of National Labor Rela-
tions Board Rules and Regulations-Series 2, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with American Rolling
Mills Company, Zanesville, 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 Relations Board, and subject to Article
III, Section 10, of said Rules and Regulations, 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, to determine whether they
,desire to be represented by United Steelworkers of America, affiliated
with the Congress of Industrial Organizations, or by Zanesville Armco
Independent Organization, Inc., for the purposes of collective bar-
gaining, or by neither.