Laclede Steel Co.

National Labor Relations Board - Board Decisions

Aug 17, 1943

51 N.L.R.B. 1391 (N.L.R.B. 1943)

In the Matter of LACLEDE STEEL COMPANY and UNITED STEELWORKERS
OF AMERICA, CIO
Case No. R-570./.Decided August 17, 1943
Mr. Milton Tucker, of St . Louis, Mo., for the Company.
Messrs. Walter S. Love, Clyde Huffstutler and Ralph G. Miller, of
Granite City, Ill., for the Union.
Miss Frances Lopinsky, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by United Steeelworkers of America, ("IO,
herein called the Union, alleging that a question affecting commerce
had arisen concerning the representation, of employees of Laclede
Steel Company, Madison, Illinois, herein called the Company, the
National Labor Relations Board provided for an appropriate hearing
upon due notice before Harold Hudson, Trial Examiner. Said hear-
ing was held at Philadelphia, Pennsylvania, on July 16, 1943. The
Company 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 Exam-
iner'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
Laclede Steel Company is a Missouri corporation, operating two
plants for the manufacture of steel, one of which is located in Madison,
Illinois. During the first 6 months of 1943 this plant purchased raw
materials valued at approximately $1,137,000, 26 percent of which
was purchased outside the State of Illinois. During the same period,
51 N. L. R. B.,, No. 221.
1391
1392 DECISIONS OF NATIONAL LABOR RELArrIONS BOARD
the Madison plant manufactured and sold products valued at approxi-
mately $1,550,000, 80 percent of which was shipped to points outside
the State of Illinois. The Company is engaged almost entirely in
producing for the war effort.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
United Steelworkers of America is a labor organization affiliated
with the Congress of Industrial Organizations,,admi€ting to mem-
bership employees of the Company.
III. THE -QUESTION CONCERNING REPRESENTATION
On June 7, 1943, the Union by letter requested recognition as the
sole bargaining representative for the Company's employees. The'
Company refused to recognize the Union unless it should be certified'
by the Board.
A statement of the Regional Director, introduced in evidence at
the hearing, supplemented by a statement made,by the Trial Examiner
at the hearing, indicates that the Union represents a substantial num-
ber of employees in the unit herein found appropriate
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company at its Madison, Illi-
nois, plant, within the meaning of Section 9 (c) and Section 2 (6)
and (7) of the-Act.
'IV. THE APPROPRIATE UNITS
At the hearing, the parties reached an agreement as to the inclusion
or exclusion of every category of the Company's employees, except
watchmen, whom the Company would include and the Union would
exclude.2
The watchmen are sworn members of the Military Auxiliary Po-
lice. They wear badges but no uniforms. They are under the super-
vision of a chief watchman. They report illegal or unlawful acts
of employees and protect the Company from_ employee thefts, as well
i The Union submitted to the Regional Director 98 cards, all of which bear apparently
genuine original signatures . Eighty-five of the 98 signatures are names appearing on the
Company's May 29, 1943 , pay roll which contained 164 names in the appropriate unit..
Dates of the cards were from February 1943 to June 1943 . The Union submitted to the,
Thai Examiner 13 cards which bore apparently genuine original signatures . Six of these
appear on the Company's May 29, 1943 , pay roll.
z The Union originally protested the inclusion of factory clerks but withdrew that pro-'
test upon learning at the hearing that the Company would include only two clerks,
Stanley F . Kuciejczyka and Leonard A. Will, who use no office machines , who at times
work on production , and who look forward to promotions to production jobs . These are
the only ,hourly paid clerks in the plant
LACLEDE STEEL COMPANY 1393
as perform the usual duties of watchmen for the protection of the
Company's property. They perform no maintenance or production
duties.3 They are not eligible for membership in the Union. In
view of these facts, and in accordance with our usual policy of exclud-
ing militarized plant-protection employees from a production and
maintenance unit, we shall exclude them.4
We find that all production and maintenance employees of the
Company at its Madison, Illinois, plant, including the hourly paid
clerks in the shipping department, but excluding office employees, full-
time 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 mean-
ing 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 of the Company in the unit found appropriate in Section IV,
above, who were employed during 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 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' represent-
atives for the purposes of collective bargaining with Laclede Steel
Company, Madison, Illinois, an election by secret ballot shall be con-
ducted 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 Fourteenth 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
-' There are a few temporary watchmen who act as watchmen while recuperating from
injury or during slack periods in their regular work. These are production workers and
we treat them as such.
' See Matter of Crane & Kilborne Jacobs, 41 N. L R. B. 20; Max Zeigler & Bros, Inc., 38
N L. R. B 540; see also Matter of Lincoln Engineering Co., 25 N L. It. B. 1083, and cases
cited therein. °
1394 DECISION'S OF ICATIONAL LABOR RELATIONS BOARD
were employed during the pay-roll period immediately preceding the
date of this Direction of Election, including employees who did not
work during such 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 employees who have since quit or been discharged for
cause , to determine whether or not they desire to be represented by
United Steelworkers of America, CIO, for the purposes of collective
bargaining.
CHAIRMAN MILLIs took no part in the consideration of the above
Decision and Direction of Election.