J. & L. Steel Barrel Co.

National Labor Relations Board - Board Decisions

Jun 24, 1944

56 N.L.R.B. 1651 (N.L.R.B. 1944)

In the Matter of J . & L. STEEL BARREL COMPANY and UNITED STEEL-
WORKERS OF AMERICA,- C. I. O.
Case No.15-R-1116.Decided Jw e 04,1944
Mr. James C. Beech, of Pittsburgh, Pa., for the Company.
Mr. Will Watts, of New Orleans, La., for the Union.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition and amended petition, duly filed by United Steel-
workers of 'America, C. I. O.,'herein called the Union,, alleging that a
question affecting commerce had arisen concerning the representation
of employees of J. & L. Steel Barrel Company, Gretna, Louisiana,,
herein called the Company, the National Labor Relations Board pro-
vided for an appropriate hearing upon due notice before Laurence
H. Whitlow, Trial Examiner. Said hearing was held at New Orleans,
Louisiana, on June 8, 1944. The Company and ' the Union ap-
peared, participated, and were afforded full opportunity to be heard,
to ex amine 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 opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
J.'& L. Steel Barrel Company is a New Jersey corporation and a
wholly owned subsidiary of Jones & Laughlin Steel Corporation.
The Company operates a plant at Gretna,' Louisiana, where it is en
gaged in the manufacture of steel barrels. During 1943 the Company
purchased raw materials valued in excess of $200,000, for use at its
Gretna plant; about 98 percent of,which was shipped to it from points
56 N. L. R. B., No. 296.
1651
1652 DECISIONS OF, NATIONAL LABOR RELATIONS BOARD
outside the State of Louisiana. During the same period the Company
sold products from its Gretna plant valued in excess of $200,000, about
2 percent of which was shipped to points outside the State,of Louisiana.
The Company admits that it is engaged in commerce within the
meaning of.the National Labor Relations Act.
H. THE ORGANIZATION INVOLVED
United Steelworkers of America is a labor organization affiliated
with the Congress of Industrial Organizations , admitting to member-
ship employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On March 28 or 29 ,1944,.the Union requested-the Company to recog-
nize it as exclusive collective bargaining representative of the em-
ployees at the Gretna plant. The Company refused this request.
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 to be
-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.
IV. THE APPROPRIATE UNIT
We find, in substantial agreement with a stipulation'of the parties,
that 'all production and maintenance employees at the Gretna plant
of the 'Company, excluding clerical - employees, watchmen, salaried
employees, the maid, 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, consti-
tute '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 find that the question concerning representation which has
arisen can best be resolved by means of an election by secret ballot.
The Union urges that thee pay-roll of June 15, 1944,, be used to deter-
mine eligibility to vote. Inasmuch as no reason appears for depart-
ing from our usual practice, we shall direct that the employees eligible
to vote shall be those in the appropriate unit who were employed during
i The Field Examiner reported that the Union' presented 19 authorization cards bearing
apparently genuine signatures of persons whose names appear on the May 25 , 1944, pay
roll of the Company. There are about 28 employees in the appropriate unit.
e
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J. & L. STEEL BARREL COMPANY 1653
the pay-roll period immediately preceding the date of the Direction
of Election 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 Relations
Board Rules and Regulations-Series 3, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with J. & L. Steel,
Barrel Company, Gretna, Louisiana, 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 Fifteenth Region, acting in this
matter as agent for the National Labor Relations Board, and subject
to Article III,, SAtions 10 and 11, 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
and who have not been rehired or reinstated' prior to the date of'the
election, to de£e'rmine whether or not they desire to be represented by
United Steehvorkers`of America, C. 1. 0.', for the p'urpo'ses of collective
bargaining.
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