Morrison Steel Products, Inc.

National Labor Relations Board - Board Decisions

Jun 3, 1943

50 N.L.R.B. 72 (N.L.R.B. 1943)

In the Matter of MORRISON STEEL PRODUCrs , INC. and UNITED STEEL-
woRKERS of AMERICA, C. I. O.
Case No. R-5081.=Decided June 3, 19!3
Mr. Samuel E. Chasin, of Buffalo, N. Y., for the Company.
Mr. Walter'J. Payne, of Buffalo, N. Y., for the C. 1. 0.
Mr. Glenn L.'Moller, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
• STATEMENT OF THE CASE
Upon a petition duly filed by United' Steelworkers of America,
C. I. 0., herein called the C. I. 0., alleging that a question affecting
commerce had arisen concerning the representation of employees of
Morrison Steel Products, Inc., Buffalo, New York, herein called the
Company, the National Labor Relations 'Board provided for an ap-
propriate hearing upon due notice before Peter J. Crotty, Trial Exam-
iner. Said hearing was held at Buffalo, New York, on March 26,
1943. The Company and the C. I. O. appeared, participated, and-were
afforded full opportunity to be heard, to examine and cross-examine
witnesses, and to introduce evidence bearing upon the issues.
On,April 19, 1943, the Board, having duly considered the matter,
issued a Decision and Order, dismissing the petition for investigation
,and certification on the ground that the C. I. O. had failed to make
a substantial showing of representation. Thereafter, on April 28,
1943, the C. I. O. filed a'motion to reconsider, alleging therein that it
had obtained, since the hearing, a substantial number of additional
authorizations and further alleging that the appropriate unit con-
tained only about 150 employees rather than 212 as previously indi-
cated by the Company to the Board's Field Examiner. The Company
filed. a brief, opposing said motion, which the Board duly considered.
On May 8, 1943, the Board, having duly considered the matter,
granted the aforesaid motion to reconsider, set aside its Decision and,
Order of April 19, 1943, and remanded the proceeding to the Regional
Director for the Third Region, for further hearing. Pursuant to
50 N. L. R. B., No. 15.
72
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MORRISON SITEEL PRODUCTS, INC. 73
said action of the Board on May 8, 1943, a further hearing was held,
at Buffalo, New York, on May 15, 1943, before the same Trial Ex-
aminer. The Company, the C. I. 0., International Association of
Machinists, A. F. L., and American Federation of Labor, Federal
Union 22578, were duly notified of said liearing. The Company and
the C. 1. 0. appeared, 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 both hearings are free from prejudicial error and are hereby
affirmed. .
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Morrison Steel Products, Inc., a New York corporation, is engaged
in business in the city of Buffalo, New York, manufacturing general
steel products and bomb-racks. During the year 1942 the Company
purchased and used at its Buffalo plant raw materials valued at ap-
proximately $400,000, approximately 75 percent of which was shipped
to the said plant from points outside the State of New York. During
the same period, the said plant produced finished products valued at
approximately $1,500,000, approximately 98 percent of which was
shipped from the plant to points outside the State of New York. The
Company admits that it is engaged in commerce within the meaning
of the Act.
If. 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.2
III. THE QUESTION CONCERNING REPRESENTATION
On February 15, 1943, the C. I. O. requested recognition as the
exclusive bargaining representative of all the production and main-
tenance employees at the Company's Buffalo plant . The Company
refused this request on the ground that the employees involved were
covered by a valid and subsisting contract with another " union, the
American Federation of Automobile Workers, Local 21879.
%'American Federation of Labor, Federal Union 22578, was duly notified of both hear-
ings and "Mr Neil J Cunningham, Regional Director of the American Federation of Labor,
appeared and was present throughout the first hearing, but refused to enter his appear-
ance or to participate He refused to attend the subsequent hearing, although shortly
before the hearing the Tiial Examiner personally apprised him thereof.
' See footnote 1.
74 ` DECISIONS OF NATI'O'NAL LABOR RELATIONS BOAIRD'
In 1936 the Company entered into a contract with the Steel Workers
Organizing Committee, predecessor of the petitioning union, but this
contract 'was never enforced and after a few months the employees
surrendered their charter. 'The following year the plant was organ-
ized by the American Federation of Labor and a charter was issued
to the employees involved, designating them as American Federation,
of Automobile Workers, Local 21879. Annually, from 1937 through
1940, contracts between the Company and Local 21879 were executed
by the parties, the last contract having been executed on December 10,
1940. This last contract, containing a closed-shop provision, was to
run from year to year unless notice in writing was given at'least 30
days before the expiration of any yearly period. No such notice
was ever given. -
There have been-no negotiations of any kind between the Company
and the bargaining, committee of Local 21879 since late in 1941, or
early in 1942. After that time all negotiations under the contract were
conducted by the Regional Director of the American Federation, of
Labor. The last meeting of Local 21879 was in July 1942. Since that
time 'nothing whatever has occurred to indicate that the local has
continued to exist. The last president of the local, testified that the
local no longer exists, that no dues have been paid for at least 6 months
'and that none of the employees any longer considers himself a mem-
ber of the local. It is also significant that there has been no attempt
to enforce the closed-shop provision of the contract. It' is therefore
doubtful that Local 21879 is still a functioning labor organization.
Under such circumstances we find that the contract with Local 21879
is not a bar to a present determination of representatives.3
We are not impressed by the testimony that the Company has con-
ferred frequently with the Regional Director of the American Federa-
tion of Labor concerning its employees. There is no evidence that
the employees themselves knew that the American Federation of
Labor was assuming to act on their behalf.
A statement by the Trial Examiner at the second hearing indicates
that the C. I. O. represents a substantial number of the employees in
the unit hereinafter found appropriate ,4
We find that a question affecting commerce has arisen concerning
$,We have consistently held that where there is a substantial question as to the con-
tinued existence of the contracting labor organization, the contract is'not a bar. 'See
Matter of Sunshine Minting Company, Manganese Division and Local 697, International
Union of Mine, Mill & Smelter Workers, C. I. 0., 48 N L. R. B. 307 ; Matter of Cali-
fornia Central Fibre Corporation and Truck Drivers, Warehousemen Helpers Union,
Local 898 ,,A. F. L , 44 N L. R B 1226 ; Matter of Sloss-Sheffield Steel & Iron Company
and Distr"rt 50. United. Mine Workers- of America, 0. I. 0., 37 N. L. R. B. 134.
' a The Trial Examiner reported that the C. I 0 submitted 74 application for member-
ship cards which bore the apparently' genuine signatures ' of persons whose names appeared
on the Company ' s pay roll of May 5, 1943 . This pay roll, a copy of which was introduced
in evidence at the second hearing, contained the names of 141 employees in the appropriate
unit.
I
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MORRISON STEEL PRODUCTS , INC. 75,
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
In accordance with the stipulation of the parties, we find that all
production ,and maintenance employees of the Company, excluding
supervisory, office, clerical, plant protection, and technical employees,
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-r
tion herein, subject to the limitations-and additions set forth in the
Direction. Since Local 21879 had a contract with the Company, we
shall accord it a place on the ballot.
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 2, as amended, it is
hereby, '
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Morrison Steel
Products, Inc., Buffalo, New York, 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 Third Region, acting in this matter
as-agent,for the National Labor Relations Board, and subject to Arti-' -
cle'- III, Section 10, 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 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
those employees who have since quit or been discharged for cause; to
determine whether they desire to be represented by United Steel-
workers ofAmerica, affiliated with the Congress of Industrial Organ-
izations, or by American Federation of Automobile Workers, Local
21879, affiliated with the American Federation of Labor, for the pur-
poses of collective bargaining, or by neither.