Central Ohio Steel Products Co.

National Labor Relations Board - Board Decisions

Mar 10, 1939

11 N.L.R.B. 1064 (N.L.R.B. 1939)

In the Matter of CENTRAL OHIO STEEL PRODUCTS COMPANY, THE
NATIONAL GRAVE VAULT COMPANY, THE GALION ALL STEEL BODY
COMPANY and INTERNATIONAL ASSOCIATION OF MACHINISTS, LODGE
No. 1151 (A. F. OF L.)
Case No. B-1146.-Decided March 10, 1939
Steel Products Manufacturing Industry-Investigation of Representatives:
controversy concerning representation of employees : employer 's refusal to grant
recognition of union; majority status disputed by employer-Unit Appropriate
for Collective Bargaining : all production and maintenance employees excluding
salesmen , draftsmen , supervisory , and clerical employees ; no controversy as to-
Representatives : proof of choice : renunciation of union designation ; 15 em-
ployees' purported revocation of prior designation of union inconclusive under
the circumstances but casts doubt on such employees ' desires; not counting
such employees , union card proof slightly less than majority-Election Ordered
Mr. Max W. Johnstone, for the Board.
Mr. C. H. Henkel, of Mansfield, Ohio, for the Company.
Mr. A. G. Skundor, of Newcastle, Pa., and Mr. Paul Hutchings, of
Washington, D. C., for the Union.
Mr. William P. Wysong, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On August 17 and October 15, 1938, respectively, International
Association of Machinists, Lodge No. 1151 (A. F. of L.), herein
called the Union, filed with the Regional Director for the Eighth
Region (Cleveland, Ohio) a petition and amended petition respec-
tively, alleging that a question affecting commerce had arisen con-
cerning the representation of employees of Central Ohio Steel
Products Company,' herein called the Company, and requesting an
investigation and certification of representatives pursuant to Section
9 (c) of the National Labor Relations Act, 49 Stat. 449, herein
1 The petition incorrectly listed The National Grave Vault Company and The Galion All
Steel Body Company as parties although the latter are not corporate entities but merely
trade names under which the Company operates. This defect was corrected by motion at
the hearing.
11 N. L. R. B., No. 91.
1064
CENTRAL OHIO STEEL PRODUCTS COMPANY ET AL. 1065
called the Act. On November 18, 1938, 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 1, as amended, ordered an
investigation and authorized the Regional Director to conduct it and
to provide for an appropriate hearing upon due notice.
On November 29, 1938, the Regional Director issued a notice of
hearing, a copy of which was duly served upon the Company and
upon the Union. Pursuant to notice, a hearing was held on Decem-
ber 8, 1938, at Galion, Ohio, before Earl S. Bellman, the Trial
Examiner duly designated by the Board. The Board and the Com-
pany were represented by counsel, the Union by its representative.
All parties 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 to all parties. During the course
of the hearing the Trial Examiner made several rulings on motions
and on objections to the admission of evidence. The Board has
reviewed the rulings of the Trial Examiner and finds that no preju-
dicial errors were committed. The rulings are hereby affirmed.
On December 16, 1938, the Union requested oral argument before
the Board. Pursuant to notice duly served upon the Company and
the Union, a hearing for the purposes of oral argument was held
before the Board in Washington, D. C., on February 7, 1939. The
Union and the Company appeared and participated in the oral
argument.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
The Central Ohio Steel Products Company is an Ohio corporation
with its principal office and place of business at Galion, Ohio. It mar-
kets its products, consisting of grave vaults, all steel truck bodies, and
filters under the trade names of The National Grave Vault Company
and The Galion All Steel Body Company. During the first'6 months
of 1938 the Company spent $124,438.92 for raw materials. Twenty-
five to forty per cent of these raw materials were received from
points outside the State of Ohio. During the same period the value
of the finished products was $486,154 of which 50 to 75 per cent were
shipped outside the State of Ohio. At the hearing the Company
stipulated that it was engaged in commerce within the meaning of
Section 2 (6) and (7) of the Act.
1066 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
II. THE ORGANIZATION INVOLVED
International Association of Machinists, Lodge No. 1151, is a labor
organization affiliated with the American Federation of Labor admit-
ting to membership employees of the Company, excluding super-
visory and clerical employees.
III. THE QUESTION CONCERNING REPRESENTATION
On September 13, 1938, a representative of the Union met with
the Company, claimed to represent a majority of the Company's
employees, and presented a copy of a proposed agreement. A second
meeting was held on September 19, 1938, at which the proposed
agreement was discussed, but the president of the Company ques-
tioned the Union's claim to represent a majority of the employees in
an appropriate unit. At the hearing the Company contended that
the Union did not represent a majority of the employees within an
appropriate unit.
We find that a question has arisen concerning 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 com-
merce and the free flow of commerce.
V. THE APPROPRIATE UNIT
At the hearing the Union claimed that the appropriate unit should
consist of all production and maintenance employees excluding sales-
men, draftsmen, supervisory, and clerical employees. The Company
raised no objection to the unit proposed by the Union.
We find that all production and maintenance employees of the
Company, excluding salesmen, draftsmen, supervisory, and clerical
employees, constitute a unit appropriate for the purposes of collec-
tive bargaining and that said unit will insure to the employees of the
Company the full benefit of their right to self-organization and to
collective bargaining, and otherwise effectuate the policies of the Act.
CENTRAL OHIO STEEL PRODUCTS COMPANY ET AL . 1067
VI. THE DETERMINATION OF REPRESENTATIVES
The Company introduced in evidence its pay roll for the period
from August 16 to August 31, 1938, both inclusive, which was treated
by the parties at the hearing as the basis for determining eligibility to
participate in a choice of representatives. This pay roll contained
the names of 132 production and maintenance employees. There
was a dispute concerning the eligibility of nine persons whose names
appeared on this pay roll to participate in the choice of representa-
tives. We shall consider the facts relating to those nine individuals.
Four of them, namely, Ezra Stroup, Ralph Hitsman, Paul Jewell,
and W. L. Poland did not receive any pay during the aforesaid
pay-roll period, and at the time of the hearing they were no longer
carried as employees of the Company. Since their employment re-
lationship with the Company has been severed, these individuals are
not eligible. Another person, Clifford Young, was on the pay roll
mentioned, received pay for 2 days' work during that pay-roll period,
but is no longer an employee of the Company. He will not be eligi-
ble for the same reasons. Three other individuals, Frank Auker,
B. H. Clark, and Russell C. Sipes received no pay during the afore-
said pay-roll period and were not working at the time of the hearing.
-However, they are still carried on the Company's pay roll and are
subject to recall. Since the Company considers them employees,
carries them on its pay roll as such, and will recall them to work
when the need arises, they are entitled to participate in the selection
of a bargaining representative.2 R. Stall works by himself two-thirds
of the time, but for the remaining portion acts as supervisor in the
maintenance department. Although only part of his time is spent in
a supervisory capacity, his supervisory duties necessitate his exclusion
from the appropriate unit as defined in this proceeding.
When the names of the six persons whom we have found ineligible
are removed from the Company's pay roll for the period August 16
to August 31, 1938, there remain 126 employees. Of this number,
one, Cleo Armstrong, has since died, leaving 125 eligible employees
within the unit.
The Union produced 78 signed application cards designating it
as the signers' bargaining agent. The signatures on the union appli-
cation cards were compared by the Company with the signatures of
the same individuals on canceled company pay checks. It was stip-
ulated that the signatures on the union cards were genuine. The
persons who signed cards were employees of the Company in the
appropriate unit on the pay roll of August 16 to August 31.
2 Matter of The American Brass Company and The Waterbury Brass Workers' Union,
6 N. L. it . B. 723. Matter of Dsamond Iron Workers and United Electrical Radio Machine
Workers of America, Local 1140, 6 N. L. it. B. 94.
1068 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
At the hearing a paper captioned as indicated below and signed
by 46 employees was introduced into evidence by the Company :
We, the undersigned, employees of the Central Ohio Steel Prod-
ucts Co., do not wish to be represented by any outside organiza-
tion at this time. Signatures of employees appearing below
who have previously signed A. F. of L. application cards hereby
repudiate the above mentioned signatures.
Fifteen of the 46 employees who signed this paper had previously
signed union authorization cards. While the circumstances sur-
rounding the origin and signing of the paper render it inconclusive
as evidence of a renunciation of union membership, nevertheless, it
casts doubt upon the wishes of the 15 employees who had previously
signed union application cards. In view of this doubt, we will not
include these 15 employees in the computation of union membership.
Without these 15 and Cleo Armstrong, deceased, the Union has es-
tablished designation by 62 of the 125 eligibles within the appropriate
unit, or slightly less than a majority. Under these circumstances, we
shall direct an election among the eligible employees within the
appropriate unit on the August 16 to August 31, 1938, pay roll to
determine their choice of a bargaining representative.
On 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 Central Ohio Steel Products Company,
Galion, Ohio, within the meaning of Section 9 (c) and Section 2 (6)
and (7) of the National Labor Relations Act.
2. All production and maintenance employees of the Company
excluding salesmen, draftsmen, supervisory, and clerical employees,
constitute a unit appropriate for the purposes of collective bargain-
ing, within the meaning of Section 9 (b) of the National Labor
Relations 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 1, as amended, it is
hereby
CENTRAL OHIO STEEL PRODUCTS COMPANY ET AL. 1069
DIRE IrED that, as part of the investigation ordered by the Board
to ascertain representatives for the purposes of collective bargaining
with Central Ohio Steel Products Company, Galion, Ohio, an elec-
tion by secret ballot shall be conducted within 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 9, of said Rules and Regulations, among the
production and maintenance employees whose names appear on the
Company's pay roll for the period August 16 to August 31, 1938,
inclusive, excluding salesmen, draftsmen, supervisory, and clerical
employees, and specifically excluding Ezra Stroup, Ralph Hitsman,
Paul Jewell, W. L. Poland, Clifford Young, R. Stall, and Cleo
Armstrong, and those who have since quit or have been discharged
for cause, but specifically including Frank Auker, B. H. Clark, and
Russel C. Sipes, to determine whether or not they desire to be rep-
resented by International Association of Machinists, Lodge No. 1151
(A. F. of L.), for the purposes of collective bargaining.