General Steel Castings Corp.

National Labor Relations Board - Board Decisions

Nov 19, 1937

4 N.L.R.B. 146 (N.L.R.B. 1937)

In the Matter of COMMONWEALTH DIVISION OF GENERAL STEEL CAST-
INGS CORPORATION and INTERNATIONAL BROTHERHOOD OF BOILER-
MAKERS, IRON SHIP BUILDERS, WELDERS AND HELPERS OF AMERICA;
INTERNATIONAL ASSOCIATION OF MACHINISTS, DISTRICT No. 9; PAT-
TERN MAKERS ASSOCIATION OF ST. Louis AND VICINITY, and AMAL-
GAMATED ASSOCIATION OF IRON, STEEL AND TIN WORKERS OF AMERICA,
LOCAL LODGE No. 1022
Cases Nos. R-196 to R-199, inclusive
SUPPLEMENTAL DECISION
AND
CERTIFICATION OF REPRESENTATIVES
November 19, 1937
STATEMENT OF THE CASE
On May 18 and 20, 1937, International Brotherhood of Boiler-
makers, Iron Ship Builders, Welders and Helpers of America, herein
called the Boilermakers Union; International Association of Ma-
chinists, District No. 9, herein called the I. A. M.; and Pattern
Makers Association of St. Louis and Vicinity, herein called the
P. M. A., filed with the Acting Regional Director for the Fourteenth
Region (St. Louis, Missouri), three separate petitions alleging that
questions affecting commerce had arisen concerning the representa-
tion of those employees of General Steel Castings Corporation, herein
called the Company, who are employed in its Commonwealth Divi-
sion, located at Granite City, Illinois, and requesting the National
Labor Relations Board, herein called the Board, to conduct an investi-
gation pursuant to Section 9 (c) of the National Labor Relations Act,
49 Stat. 449, herein called the Act. The three unions above mentioned
are herein called collectively the Federation Unions. On May 26,
1937, the Board, acting pursuant to Section 9 (c) of the Act, and
Article III, Section 3, of National Labor Relations Board Rules and
Regulations-Series 1, as amended, authorized the Acting Regional
Director to conduct investigations and to provide for appropriate
hearings.
On June 11, 1937, a petition to the same effect as those described
above was filed with the same Acting Regional Director, by Amalga-
mated Association of Iron, Steel and Tin Workers of America,
146
DECISIONS AND ORDERS 147
Local Lodge No. 1022, herein called the Amalgamated. On June
12, 1937, the Board, acting pursuant to Section 9 (c) of the Act,
and Article III, Section 3, of the above Rules and Regulations,
authorized the Acting Regional Director to conduct an investigation
and provide for an appropriate hearing; and the Board further
ordered, pursuant to Article III, Section 10 (c) (2 ), of the above
Rules and Regulations , that the four cases be consolidated for the
purposes of the hearing.
Pursuant to a notice of hearing duly issued and served by the
Acting Regional Director upon the Company and the four petition-
ing unions , a hearing was held in St. Louis, Missouri , on July 2, 3,
6, and 7, 1937, before William Seagle, the Trial Examiner duly
designated by the Board. On October 4, 1937, the Board issued a
Decision and Direction of Elections 1 which provided that three elec-
tions be held within fifteen ( 15) days of the date of the Direction.
In its Decision the Board made no final determination as to the
appropriate unit for the purposes of collective bargaining with the
Company. The Amalgamated had contended that all of the em-
ployees engaged in production and maintenance , exclusive of super-
visory employees , constituted a single appropriate unit. The Fed-
eration Unions contended, however, that the Company 's welders and
acetylene cutters, maintenance machinists , and pattern makers con-
stituted three separate appropriate units. The Board stated that since
either contention could be sustained, it would direct that separate
elections be held for the three described groups and would decide the
issue on the basis of the preference indicated by the employees in
the elections . It-therefore , directed that one election by secret ballot
be held among the Company's welders and acetylene cutters to de-
termine whether they desired to be represented by the Boilermakers
Union or the Amalgamated; that another be held among the main-
tenance machinists to determine whether they desired to be repre-
sented by the I. A. M. or the Amalgamated ; and that a third be
held among the pattern makers to determine whether they desired
to be represented by the P. M. A. or the Amalgamated, for the pur-
poses. of collective bargaining.
As to the balance of the maintenance and production employees
of the Company, the Board stated that the Amalgamated had in-
troduced satisfactory evidence of majority. Consequently, no elec-
tion was necessary among these employees since the Amalgamated
could be certified as the representative of the employees in whatever
unit was found appropriate for the production and maintenance
employees of the Company generally.
On October 18, 1937, the Amalgamated filed a petition with the
Board requesting that its name be withdrawn from the ballot in all
13 N.L.R B 779
148 NATIONAL LABOR RELATIONS BOARD
three of the elections which had been ordered, and that the elections
be postponed. After postponing, on October 19, 1937, the holding of
the election, the Board, on October 20, 1937, issued an Amendment
to the Decision and Directions of Elections.2 As amended, the Direc-
tion of Elections provided merely that the employees in the three
groups described in the original Direction of Elections should be per-
mitted to indicate whether or not they desired to be represented by
the respective Federation Unions for the purposes of collective bar-
gaining. The elections were directed to be held within ten (10)
days of the date of the Amendment. The decision as amended pro-
vided that such of the groups as chose to be represented by one of
the Federation Unions would constitute separate appropriate units
and that the certification of the Amalgamated would be made after
the elections had been held.
Pursuant to the Direction of Elections as amended, secret ballots
were conducted on October 29, 1937. Full opportunity was afforded
to all parties to this investigation to participate in the conduct of the
secret ballots and to make challenges. On November 1, 1937, the
agent of the Board who conducted the ballots caused to be served
on the parties his Intermediate Report on the conduct of the ballots.
No objections with respect to the conduct of the elections were filed
to the Intermediate Report, and it was forwarded by the Acting Re-
gional Director to the Board in Washington, D. C.
As to the results of the secret ballots, the Intermediate Report
showed the following :
Welders and acetylene cutters
Total number of ballots cast________________________________ 146
Total number of void ballots________________________________ 0
Total number of challenged ballots__________________________ 1
Total number of ballots cast for the Boilermakers Union______ 114
Total number of ballots cast against the Boilermakers Union__ 31
Maintenance machinists
Total number of ballots cast_________________________________ 69
Total number of void ballots_________________________________ 0
Total number of challenged ballots__________________________ 0
Total number of ballots cast for the I. A. M._________________ 63
Total number of ballots cast against the I. A. M.______________ 6
Pattern makers
Total number of ballots cast_________________________________ 164
Total number of void ballots __________________________________ 1
Total number of challenged ballots_____ ______________________ 2
Total number of ballots cast for the P. M. A_________________ 141
Total number of ballots cast against the P . M. A_____________ 20
2 3 N. L. R. B. 790.
DECISIONS AND ORDERS 149
Upon the entire record in the case, the Board makes the following :
SUPPLEMENTAL FINDING OF FACT
In order to insure to the employees of the Company the full benefit
of their right to self-organization and to collective bargaining, and
otherwise to effectuate the policies of the Act, we find that the follow-
ing groups of the employees of the Commonwealth Division of the
Company constitute units appropriate for the purposes of collective
bargaining :
(a) Welders and acetylene cutters;
(b) Maintenance machinists;
(c) Pattern makers; and
(d) Production and maintenance employees, exclusive of super-
visory employees, and those employees who fall within
groups (a), (b), and (c).
SUPPLEMENTAL CONCLUSION OF LAW
Upon the basis of the above finding of fact and upon the entire
record in the case, the Board makes the following supplemental con-
clusion of law :
The following employees of Commonwealth Division of General
Steel Castings Corporation constitute units appropriate for the pur-
poses of collective bargaining, within the meaning of Section 9 (b)
of the National Labor Relations Act :
(a) Welders and acetylene cutters;
(b) Maintenance machinists;
(c) Pattern makers; and
(d) Production and maintenance employees, exclusive of super-
visory employees, and those employees who fall within
groups (a), (b), and (c).
CERTIFICATION OF REPRESENTATIVES
By virtue of and pursuant to the power vested in the National Labor
Relations Board by the National Labor Relations Act, 49 Stat. 449,
and pursuant to Article III, Section 8, of National Labor Relations
Board Rules and Regulations-Series 1, as amended,
IT IS HEREBY CERTIFIED that International Brotherhood of Boiler-
makers, Iron Ship Builders, Welders and Helpers of America has
been designated and selected by a majority of the welders and acetylene
cutters of Commonwealth Division of General Steel Castings Corpo-
ration, Granite City, Illinois, as their representative for the purposes
of collective bargaining and that, pursuant to the provisions of See-
150 NATIONAL LABOR RELATIONS BOARD
tion 9 (a) of the Act, International Brotherhood of Boilermakers,
Iron Ship Builders, Welders and Helpers of America is the exclusive
representative of all such employees for the purposes of collective
bargaining in respect to wages, rates of pay, hours of work, and other
conditions of employment; and
IT IS HEREBY CERTIFIED that International Association of Machinists,
District No. 9, has been designated and selected by a majority of the
maintenance machinists of Commonwealth Division of General Steel
Castings Corporation, Granite City, Illinois, as their representative
for the purposes of collective bargaining and that, pursuant to the
provisions of Section 9 (a) of the Act, International Association of
Machinists, District No. 9, is the exclusive representative of all such
employees for the purposes of collective bargaining in respect to
wages, rates of pay, hours of work, and other conditions of employ-
ment; and
IT IS HEREBY CERTIFIED that Pattern Makers Association of St. Louis
and Vicinity, has been designated and selected by a majority of
the pattern makers of Commonwealth Division of General Steel Cast-
ings Corporation, Granite City, Illinois, as their representative for
the purposes of collective bargaining and that, pursuant to the pro-
visions of Section 9 (a) of the Act, Pattern Makers Association of
St. Louis and Vicinity is the exclusive representative of all such em-
ployees for the purposes of collective bargaining in respect to wages,
rates of pay, hours of work, and other conditions of employment;
and
IT IS HEREBY CERTIFIED that Amalgamated Association of Iron, Steel
and Tin Workers of America, Local Lodge No. 1022, has been desig-
nated and selected by a majority of the production and maintenance
employees of Commonwealth Division of General Steel Castings Cor-
poration, Granite City, Illinois, exclusive of supervisory employees,
welders and acetylene cutters, maintenance machinists, and pattern
makers, as their representative for the purposes of collective bargain-
ing, and that, pursuant to the provisions of Section 9 (a) of the Act,
Amalgamated Association of Iron, Steel and Tin Workers of Amer-
ica, Local Lodge No. 1022, is the exclusive representative of all such
employees for the purposes of collective bargaining in respect to
wages, rates of pay, hours of work, and other conditions of
employment.