Bethlehem Steel Co.

National Labor Relations Board - Board Decisions

Sep 23, 1941

35 N.L.R.B. 34 (N.L.R.B. 1941)

In the Matter of BETHLEHEM STEEL COMPANY (SHIPBUILDING
DIVISION) and INTERNATIONAL MOLDERS AND FOUNDRY WORKERS
UNION OF NORTH AMERICA, LOCAL No. 81 (A. F. OF L.)
In the Matter of BETHLEHEM STEEL COMPANY (SHIPBUILDING Divi-
SION) and LOCAL 96, INTERNATIONAL UNION OF OPERATING
ENGINEERS (A. F. OF L.)
In the Matter of BETHLEHEM STEEL COMPANY ( SHIPBUILDING
DIVISION and INDUSTRIAL UNION OF MARINE AND SHIPBUILDING
WORKERS OF AMERICA, LOCAL No. 12 (C. I. 0.)
In the Matter of BETHLEHEM STEEL COMPANY (SHIPBUILDING
DIVISION) and LOCAL 807, INTERNATIONAL BROTHERHOOD OF TEAM-
STERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS (A. F. OF L.)
Cases Nos. R-2691 to R-0694 inclusive
AMENDMENT AND SUPPLEMENT TO DECISION
DIRECTION OF ELECTIONS
AND
ORDER
On August 5, 1941, the National Labor Relations Board, herein
called the Board, issued its Decision, Direction of Elections, and
Order in the above-entitled cases.'. In its Decision, involving only
the Staten Island Yard of Bethlehem Steel Company (Shipbuilding
Division), herein called the Company, the Board directed an election
in a plant-wide unit, with certain exclusions, and an election among
foundry employees. A petition which had been filed by Local 807,
International Brotherhood of Teamsters, Chauffers, Warehousemen
and Helpers (A. F. of L.), herein called the Teamsters, was dismissed
on the ground that the unit contended for by the Teamsters was
inappropriate. .
On August 15, 1941, the Teamsters filed another petition with the
Board alleging that a question affecting commerce had arisen con-
cerning the representation of truck drivers at the Staten Island Yard
1 33 N. L. R. B. 1064.
35 N. L R. B., No. 9.
34
BETHLEHEM STEEL COMPANY 35
of the Company and requesting an investigation and certification of
representatives pursuant to Section 9 (c) of the National Labor
Relations Act, 49 Stat. 449.
On August 15,' 1941, the Teamsters, the Company,-and Industrial
Union of Marine and Shipbuilding Workers of America, Local No.
12 (C. I. 0.), herein called the Industrial Union, entered into a
consent election agreement whereby the Board's Regional Director
for the Second Region was authorized to conduct an election among
the truck drivers in the Company's Staten Island Yard.
On August 15, 1941, the Teamsters and the Industrial Union
joined in a petition to the Board requesting the Board to amend its
Decision, Direction of Elections, and Order of August 5, 1941, and
exclude the employees claimed by the Teamsters from the plant-wide
election directed by the Board in the August 5, 1941, Decision, Direc-
tion of Elections, and Order; and that the Board amend its August
5, 1941, Decision, Direction of Elections, and Order to permit-the
determination of the question of representation of the truck drivers
in the Staten Island Yard of the Company in accordance with the
above-mentioned consent election agreement entered into between the
parties. Although the Company did not join in this latter petition
to the Board, it has indicated to the Board in writing that it does not
oppose the petition.
Under all the circumstances and in accordance with the request
of all interested parties, the Board hereby amends its Decision,
Direction of Elections, and Order 2 of August 5, 1941, in the above-
entitled cases by -
(1) Inserting at page 5, line 4, the following sentence :
The Industrial Union and Company agree to exclude the truck
drivers claimed by the Teamsters from the plant-wide unit.
(2) Striking the last two paragraphs on page 6.
(3) Inserting at page 8, line 19 after the word "basis," and before
the word "and" the following : "truck drivers,".
(4) Inserting at page 9, in the sixth line from the end of the last
full paragraph, after the word "basis," and before the word "and"
the following : "truck drivers,".
(5) Striking at page 10, line 3, the period after the word "dis-
missed" and inserting at -that -point the following : ", that of the
Teamsters without prejudice.".
,'Reference hereinafter is to the mimeographed copy of the Decision, Direction of Elec-
tions, and Order
451270-42-vol 35 4
36 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
[SAME TITLE ]
SUPPLEMENTAL DECISION
AND
CERTIFICATION OF REPRESENTATIVES
September 23, 1941
On August 5, 1941, the National Labor Relations Board, herein
called the Board, issued its Decision, Direction of Elections, and
Order in the above-entitled proceeding., On August 28, 1941, the
Board issued an Amendment and Supplement to Decision, Direction
of Elections, and Order. Pursuant to the Direction of Elections,
elections by secret ballot were conducted on August 29, 1941, under
the direction and supervision of the Regional Director for the Second
Region (New York City). On September 4, 1941, the Regional
Director, acting pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 2, as amended, issued
an Elections Report, copies of which were duly served upon the
parties. No objections to the conduct of the ballot or the Elections
Report have been filed by any of the parties.
As to the balloting and its results, the Regional Director reported as
follows :
With respect to Group 1 ( Case No. R-2691)
Total number eligible to vote______________________________ 96
Total number of ballots cast______________________________ 91
Total number of valid ballots ______________________________ 88
Total number of votes in favor of Industrial Union of Marine
and Shipbuilding Workers of America, Local No. 12,
C. I. 0.------------------------------------------------- 4
Total number of votes in favor of International Molders and
Foundry Workers Union of North America, Local No. 81,
A. F. of L---------------------------------------------- 84
Total number of votes in favor of neither union _____________ 0
Total number of blank votes_______________________________ 0
Total number of void ballots------------------------------ 1
Total number of challenged votes__________________________ 2
With respect to Gioup 2 (Case No. R-2693)
Total number eligible to vote_____________________________ 3681
Total number of ballots cast_______________________________ 2876
Total number of valid ballots----------------------------- 2818
Total number of votes in favor of Industrial Union of Marine
and Shipbuilding Workers of America, Local 12, C. I. 0-_ 2193
Total number of votes against afore-mentioned union ------ 625
Total number of blank votes______________________________ 6
Total number of void ballots_______________________________ - 3
Total number of challenged votes__ ________________________ 49
I 33 N. L R . B 1064.
BETHLEHEM STEEL COMPANY 37
In the Decision of August 5, 1941 , as amended , the Board made no
final determination as to the appropriate unit or units , but stated
that such determination would depend upon the results of the elec-
tions ordered.
Upon the entire record in the case, the Board makes the following :
SUPPLEMENTARY FINDINGS OF FACT
We find that all foundry employees in the Staten Island Yard of
Bethlehem Steel Company ( Shipbuilding Division ) engaged in the
production of castings , but excluding crane operators and pattern
makers, constitute a unit appropriate for the purposes of collective
bargaining , and that said unit will insure to employees of the Com-
pany the full benefit of their right to self-organization and to col-
lective bargaining and otherwise effectuate the policies of the Act.
We find that all employees of Bethlehem Steel Company (Ship-
building Division) in the Staten Island Yard, excluding all foundry
employees ( other than crane operators and pattern makers ) engaged
in the production of castings , all salaried employees and executives or
supervisors who do not work with tools, foremen, timekeepers , drafts-
men, watchmen , employees of the engineering department including
technical employees in that department ,.'janitors and janitresses , office
and clerical employees , snappers who are paid on a salary basis, truck
drivers, and all technical employees working on a salary, constitute
a unit appropriate for the purposes of collective bargaining , and that
said unit will insure to employees of the Company the full benefit
of their right to self-organization and to collective bargaining and
otherwise effectuate the policies of the Act.
On the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following :
SUPPLEMENTARY CONCLUSIONS OF LAW
1. All foundry employees in the Staten Island Yard, of Bethlehem
Steel Company (Shipbuilding Division), New York City, engaged in
the production of castings, but excluding crane operators and pattern
makers, constitute a unit appropriate for the purposes of collective
bargaining within the meaning of Section 9 (b) of the National Labor
Relations Act.
2. All employees of Bethlehem Steel Company (Shipbuilding Divi-
sion), New York City, in its Staten Island Yard, excluding all
foundry employees (other than crane operators and pattern makers)
engaged in the production of castings , all salaried employees and
executives or supervisors who do not work with tools, foremen, time-
keepers, draftsmen , watchmen , employees of the,engineering depart-
ment including technical employees in that department , janitors and
janitresses , office and clerical employees , snappers who are paid on
38 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
a salary basis , truck drivers , and all technical employees working on
a salary, constitute a unit appropriate for the purposes of collective
bargaining within the meaning of Section 9 (b) of the National Labor
Relations Act.
CERTIFICATION OF REPRESENTATIVES
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, 49 Stat . 449, and pursuant to Article III, Sections 8 and 9, of
National Labor Relations Board Rules and Regulations-Series 2, as
amended,
IT IS HEREBY CERTIFIED that International Molders and Foundry
Workers Union of North America, Local No. 81, affiliated with the
American Federation of Labor, has been designated and selected by
a majority bf the foundry employees engaged in the production of
castings employed by Bethlehem Steel Company ( Shipbuilding Divi-
sion ), New York City, in its Staten Island Yard, excluding crane
operators and pattern makers , as their representative for the purposes
of collective bargaining, and that, pursuant to the provisions of Sec-
tion 9 ( a) of the National Labor Relations Act, International Molders
and Foundry Workers Union of North America, Local No. 81, affil-
iated with the American Federation of Labor, is the exclusive repre-
sentative of all such employees for the purposes of collective bar-
gaining with respect to rates of pay, wages, hours of employment, and
other conditions of employment; and
IT IS HEREBY FURTHER CERTIFIED that Industrial Union of Marine
and Shipbuilding Workers of America, Local No. 12, affiliated with
the Congress of Industrial Organizations , has been designated and
selected by a majority of all employees of Bethlehem Steel Company
(Shipbuilding Division ), New York City , in its Staten Island Yard,
excluding all foundry employees ( other than crane operators and
pattern makers) engaged in the production of castings , all salaried
employees and executives or supervisors who do not work with tools,
foremen, timekeepers , draftsmen , watchmen, employees of the engi-
neering department including technical employees in that department,
janitors and janitresses , office and clerical employees , snappers who
are paid on a salary basis , truck drivers, and all technical employees
working on a salary, as their representative for the purposes of col-
lective bargaining, and that, pursuant to the provisions of Section
9 (a) of the National Labor Relations Act, Industrial Union of Ma-
rine and Shipbuilding Workers of America, Local No. 12, affiliated
with the Congress of Industrial Organizations , is the exclusive repre-
sentative of all such employees for the purposes of collective bargain-
ing with respect to rates of pay , wages, hours of employment, and
other conditions of employment.
35 N. L . R. B, No. 9a.