Allegheny Ludlum Steel Corp.

National Labor Relations Board - Board Decisions

May 12, 1942

40 N.L.R.B. 1285 (N.L.R.B. 1942)

In the Matter of ALLEGHENY LUDLiThhi STEEL CORPORATION and STEEL
WORKERS ORGANIZING CO\IDIIrrEE, AFFILIATED WITH'THE C. I. 0.
Case No. R-3770.-Decided May 12, 1942
Jurisdiction : steel products manufacturing and distributing industry.
Investigation and Certification of Representatives : existence of question: re-
fusal to accord petitioner recognition until certified by the Board ; contract
which has run its initial period and is terminable on thirty days' notice,
no bar to ; election necessary
Unit Appropriate for Collective Bargaining : railroad conductors and brakemen
employed at two of Company's plants; stipulation as to.
Mr. James 0. Carr, of Pittsburgh, Pa., and Mr. S. A. McCaslcey,
Jr., of Brackenridge, Pa., for the Company.
Mr. Phillip M. Curran, of Pittsburgh, Pa., and Mr. John G. Strobel,
of Brackenridge, Pa., for the S. W. 0. C.
Mr. B. C. Johnson, of Grand Rapids, Mich., for the 0. R. C.
Mr. Charles W. Schneider, of counsel to the Board.
DECISION'
AND
DIRECTION OF ELECTION
STATEMENT OF TIIE CASE
Upon petition and amended petition duly filed by Steel Workers
Organizing Committee (C. I. 0.), herein called the S. W. 0. C.,
alleging that a question affecting commerce had arisen concerning
the representation of employees of Allegheny Ludlum Steel Corpora-
tion, Brackenridge and West Leechburg, Pennsylvania, herein called
the Company, the National Labor Relations Board provided for an
appropriate hearing upon due notice before T. Lowry Whittaker,
Trial Examiner. Said hearing was held at Pittsburgh, Pennsyl-
vania, on April 9, 1942. The Company, the S. W. 0. C., and Order
of Railway Conductors of America, herein called the 0. R. C.,
appeared, participated, and were afforded full opportunity to be
hear I, to exan!i',e 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 errors and are hereby
affirmed.
Upon the entire record in the case, the Board wakes the following :
40 N L R B, No 227
1285
1286 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
FINDINGS or FACT
1. THE BUSINESS OF THE COMPANY
Allegheny Ludlum Steel Corporation is a Pennsylvania corpora-
tion whose general offices are located at Pittsburgh , Pennsylvania.
The Company is engaged in the manufacture and distribution of
various types of steel products. In connection therewith it owns
and operates plants at Brackenridge and West Leechburg, Penn-
sylvania , and Dunkirk , Watervliet , and Buffalo , New York. This
proceeding involves only employees at the Brackenridge and West
Leechburg plants. The principal raw materials used at these plants
are pig iron , scrap iron, iron ore , ferro-silicon , and manganese ore.
The approximate value of the raw materials used in 1941 was 25
million dollars , and in January 1942 , 2 million dollars , of which more
than 40 percent originated outside the State of Pennsylvania. The
approximate dollar value of all products manufactured in these
plants in 1941 was 60 million dollars , and in January 1942, 5 million
dollars, of which more than 70 percent was shipped to points outside
the State of Pennsylvania . The Company stipulated that for the
purposes of this proceeding it is subject to the jurisdiction of the
Board.
II. THE ORGANIZATIONS INVOLVED
• Steel Workers Organizing Committee is a labor organization
affiliated with the Congress of Industrial Organizations, admitting
to membership employees of the Company.
Order of Railway Conductors of America is an unaffiliated labor
organization, admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
It was stipulated by the parties that a question concerning repre-
sentation has arisen in that the Company has refused to recognize
the S. W. O. C., without certification by the Board, as exclusive
bargaining representative of the Company's conductors and brake-
men at the Brackenridge and West Leechburg plants. -
On April 1, 1938, the Company and the O. R. C. entered into a
collective bargaining agreement recognizing the O. R. C. as the
collective bargaining representative of the conductors and brakemen
employed on the Company's railroad lines at the plants in question.
The agreement provided that it should continue in force until April 1,
1939, and thereafter until thirty (30) days notice in writing had
been given by either party requesting a change. Although several
revisions have since been made, neither party appears to have indi-
ALLEGHENY LUDLUM STEEL CORPORATION 1287
'rated a desire to terminate the contract. Counsel for the Company
stated at the hearing, however, that the Company is in doubt as to
whether the contract is presently effective for the reason that it
has been unable to reach anyone representing the 0. R. C.- with
authority to discuss changes which the Company has suggested.
The 0. R. C. contends that the contract is a bar to an election among
the conductors and brakemen at the aforesaid plants. We find,
however, that since the agreement is terminable upon 30 days' notice,
it does not constitute a bar to an election at this time.
The S. W. 0. C. submitted to the Acting Regional Director evi-
dence indicating that it represents a substantial number of employees
in the unit hereinafter found to be appropriate.'
We find that a question 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 National Labor Relations Act.2
IV. THE APPROPRIATE UNIT
We find, in accordance with a stipulation of the parties, that the
railroad conductors and brakemen employed by the Company at its
Brackenridge and West Leechburg plants constitute a unit appro-
priate for the purposes of collective bargaining, within the meaning
of Section 9 (b) of the Act.
V. DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among the
employees in the appropriate unit who were employed by the Com-
pany during the pay-roll period immediately preceding the date of
the Direction of Election herein, subject to the limitations and addi-
tions set forth in the Direction.
' The S W O. C submitted 27 application cards for membership , all dated in
January 1942 , and bearing apparently genuine original signatures All of the sig-
natures were names of persons on the Company 's pay roll of February 24, 1942 The
application cards were accompanied by affidavits signifying withdrawal of affiliation
from the 0 R C. and designating the S W 0 C. as bargaining representative. The
February 24, 1942, pay roll lists 48 employers in the appropriate unit.
2 By a contract dated April 26, 1941 , and terminable on 20 days notice, the Company
has recognized the S. W . 0 C as collective bargaining representative of its members
in the Brackenridge and West Leechburg plants, excluding conductors and brakemen,
locomotive firemen and enginemen , foremen, assistant foremen or supervisors in charge
of any classes of labor, watchmen , guards , clerical, and salaried employees . This con-
tract is in effect at the present time Accoiding to the testimony there have been
contracts between the Ccmpany and the S- W 0 C since April - 1, 1937 The testimony
also indicates that from April 1, 1937, to April 1, 1938, the conductors and brakemen
were covered by an S W. 0 C contract , but that shortly prior to the latter date they
transferred their affiliation to the O. R C
The secretary -treasurer of the Company testified that there is also a contract between
the Company and the Brotherhood of Locomotive Firemen and Engineinen covering the
engineers and firemen at the two plants.
1288 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 Re-
lations Act, 49 Stat. 449, and pursuant to Article III, Section 8, 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 Allegheny Lud-
lum Steel Corporation, Brackenridge and West,Leechburg, Pennsyl-
vania, an election by secret ballot shall be conducted as early as
possible but not later than 30 days from the date of this Direction
of Election, under the direction and supervision of the Regional
Director for the Sixth Region, acting in this matter as agent for the
National Labor Relations Board, and subject to Article III, Sec-
tion 9, of said Rules and Regulations, among the employees of the
Company in the unit found to be appropriate-in Section IV above,
who were employed during the pay-roll period immediately pre-
ceding 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 in the active military service or training of
the United States, or temporarily laid off, but excluding any who
have since quit or been discharged for cause, to determine whether
they desire to be represented by Steel Workers Organizing Com-
mittee, affiliated with the Congress of Industrial Organizations, or
by Order of Railway Conductors of America, for the purposes of
collective bargaining, or by neither.