Johnson Steel & Wire Co.

National Labor Relations Board - Board Decisions

Jul 30, 1943

51 N.L.R.B. 887 (N.L.R.B. 1943)

In the Matter of JOHNSON STEEL & WIRE Co. and UNITED STEEL-
WORKERS OF AMERICA (CIO)
Case No.R-5699.Decided July 30,1943
Mr. Ernest L. Anderson, of Worcester, Mass., for the Company.
Mr. Sidney S. Grant, of Boston, Mass., for the Union.
Miss Viola James, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by United Steelworkers of America, affili-
ated with the Congress of Industrial Organizations, herein called the
Union, alleging that a question affecting commerce had arisen con-
cerning the representation of employees of'Johnson Steel & Wire Co.,
Worcester, Massachusetts, herein called the Company, the National
Labor Relations Board provided for an appropriate hearing upon
due notice before Thomas H. Ramsey, Trial Examiner. Said hearing
was held 'at Worcester, Massachusetts, on July 16, 1943. The Com-
pany and the Union appeared, participated, and 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 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
Johnson Steel & Wire Co., a Massachusetts corporation, is engaged
at its Worcester, Massachusetts, plant in the manufacture, sale, and
distribution of wire products. For use at this plant the Company
purchases raw materials consisting principally of steel rods having an
annual value of approximately $250,000, of which more than 30 per-
51 N. L. R. B., No. 138.
887
888 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
cent is obtained from points outside the State of Massachusetts. More
than 30 per cent of the finished wire products, valued at more than
$2,500,000 annually, is shipped to points outside the State of Massa-
chusetts. The Company admits that it is engaged in commerce
within. the meaning of the Act. ,
II. THE ORGANIZATION INVOLVED.
United Steelworkers of America, affiliated with the Congress of
Industrial. Organizations, is, a labor organization admitting to mem-
bership employees of the Company..
Ill. THE QUESTION CONCERNING REPRESENTATION.
On May 28, 1943, the Union requested- recognition as the exclusive
bargaining representative of the Company's employees. The Com-
pany refused the request in the absence of a certification by the Board.
A statement of the Regional Director, introduced into evidence at
the hearing, indicates that the Union represents a substantial number
of the Company's employees in the unit hereinafter found to be ap-
propriate.1
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
The Union seeks a unit of production and maintenance employees,
but including factory clerks, and shipping and receiving employees,
but excluding executives, supervisory employees, office and clerical
employees, timekeepers, guards, and watchmen. The Company agrees
to the exclusions which the Union seeks, but contends that maintenance
employees,, factory clerks, and receiving and shipping employees
should be excluded. The Company offered no evidence to support
this contention. Inasmuch as we ordinarily include maintenance em-
ployees in production units, and inasmuch as the factory clerks and
shipping and receiving employees apparently work in the plant in
close relation to the production and maintenance employees, we shall
include these groups.
- Accordingly; we find that the production and maintenance employees
of the Company, including factory clerks and shipping and receiving
I The Regional Director reported that the Union submitted 382 application-for-member-
ship cards, of which 380 bear apparently genuine original signatures ; 344 cards bear the
names of persons on the Company's spay roll of, June .5, 1943, which lists 835 persons in the
alleged appropriate unit. All 344 cards are dated' variously from January through May
1943. 1
JOHNSON STEEL & WIRE CO. 889
employees, but excluding executives, office and clerical employees,
timekeepers, guards, watchmen, 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-
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 Relations
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 Johnson Steel &
Wire Co., Worcester, Massachusetts, 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 First 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 or
not they desire to be represented by United Steelworkers of America,
affiliated with the Congress of Industrial Organizations, for the pur-
poses of collective bargaining.
CHAIRMAN MILLIS took no part in the consideration of the above
Decision and Direction of Election.