Geneva Steel Co.

National Labor Relations Board - Board Decisions

Jul 4, 1944

57 N.L.R.B. 50 (N.L.R.B. 1944)

I
In the Matter,of GENEVA STEEL COMPANY and BROTHERHOOD OF'L000-
MOTIVE FIREMEN AND ENGINEMEN
In the. Matter of GENEVA STEEL COMPANY (KEIGLEY QUARRY) and
UNITED STEELWORKERS OF AMERICA
In the Matter of GENEVA' STEEL COMPANY and' BROTHERHOOD OF
RAILROAD TRAINMEN
In the Matter of GENEVA STEEL COMPANY and UNITED STEELWORKERS
OF AMERICA
Cases Nos. 00-R-1025, Pd0-R-1039, 220-R-1040 and 20-R-1048
respectively.Decided July 4, 1944
Mr. Merrill Russell, of Geneva, Utah, for the Company.
Mr. G. A. Meade, of Cleveland, Ohio, for the Enginemen.
M11r. Philip M. Current, of Pittsburgh, Pa., and Mr. Varro C. Jones,
of Salt Lake City, Utah, for the U. Sj A.
Mr. Lazell B. Dufn, of Salt Lake City, Utah, and Mr. R. H. Mc-
Donald, of Denver,-Colo., for the Trainmen. -
Mr. Aage H. Petersen, of Salt Lake City, Utah, for the Council and
Steel Production Workers, Local #23589, A. F. of L.
Mr. W. 0: Peters, of Salt Lake City, Utah, for the I. A. M.
Mr. A. L. Smith, of Denver, Colo., and Mr. L. F. Anderson, of Salt
Lake City; Utah, for the I. B. E. W.
Mr. Clinton L. Casebolt, of Salt Lake City, Utah, for International
Union of Operating Engineers, Local #3.
Mr. John H. McKean, of Salt Lake City, Utah, for International
Association of Bridge and Structural Iron Workers, Local #27.
. Mr. Spencer Madsen, of Provo, Utah, for'United Brotherhood of
Carpenters and Joiners of America, Local #1498.
Mr. William H. Fackrell, of Provo, Utah, for International Brother-
hood'of Teamsters, Chauffeurs, Warehousemen and Helpers of Amer-
ica, Local #222. - I ' I -
Mr. '0. W. Mursener, of Salt Lake City, Utah, for International
Brotherhood of Boilermakers, Iron Shipbuilders and Helpers of
America, Local #182.- ,
Mr. E. 1V. Erickson, of Salt Lake City, Utah, for International
Brotherhood of Blacksmiths, Drop Forgers and.-Helpers of America,
Local #42.
57N L.R.B,No.9.
50
GENEVA STEEL . COMPANY 51
111r. James Anderson, of Salt Lake City, Utah, for United Asso-
ciation of Plumbers and Steamfitters of the United States and Canada,
Local #19.
Mr. Don R. Evans, of Salt Lake City, Utah; for Local #2, Brick-
layers, Masons and Plasters International Union of America'
Messrs. Roy Larsen, William I. Dix, and J. Ryinan Petersen, of
Provo, Utah, for International Hod Carriers, Building and Common
Laborers Union, Local 653.
Mr. C. R. Van Winkle, of Provo, Utah, for United Brotherhood of
Painters, Paperhangers, and Decorators of America, Local #978, and
International Union of Operative Plasterers and Cement Finishers of
America, Local #505.
Mr. R. S. Roberts, for Sheet Metal Workers Local Union #312.
Mr. Robert E. Tillman, of counsel to the Board.
DECISION
DIRECTION OF ELECTIONS
AND
ORDER
STATEMENT OF THE CASE
Upon petitions duly filed by Brotherhood of Locomotive Firemen
and Enginemen, herein called the Enginemen, by United Steelworkers
of America, herein called the U. S. A., and by Brotherhood of Railroad
Trainmen, herein called the Trainmen, each alleging that a question
affecting commerce had arisen concerning the representation of em-
ployees of Geneva Steel Company, Provo, Utah, herein called the
Company, the National Labor Relations Board consolidated the cases
and provided for an appropriate hearing upon due notice before John
Paul Jennings, Trial Examiner. Said hearing was held at Salt Lake
City, Utah, on -May 1 and 2, 1944. The Company; the Enginemen;
the U. S. A.; the Trainmen; and Utah Metal Trades Council, herein
called the Council; International Association of Machinists, District
114, herein called the I. A. Al.; International Brotherhood of Electri-
cal Workers, Local Union 354, A. F. of L., herein called the I. B. F. W.;
Steel Production Workers, Local #23589, A. F. of L.; Intern ational
Union of Operating Engineers, Local #3; International Association of
Bridge and Structural Iron Workers, Local #27.; United Brotherhood
of Carpenters and Joiners of America, Local #1498; International
Brotherhood of Teamsters, Chauffeurs, Warehousemen- and. Helpers
of America, Local #222; International Brotherhood of Boilermakers,
Iron Shipbuilders and-Helpers of America, Local #182; International
Brotherhood of Blacksmiths, Drop Forgers and Helpers of America,
Local #42; United' Association of Plumbers and Steamfitters of the
52 - DECISIONS OF NATIONAL LABOR RELATIONS BOARD
-United States and Canada, Local #19; Local #2, Bricklayers, iblasons
and Plasterers International Union of America; International Hod
Carriers, Building and Common Laborers Union, Local 653; United
Brotherhood of Painters, Paperhangers, and Decorators of America,
Local #978; and International Union of Operative Plasterers and Ce-
ment Finishers of America, Local #505, appeared, participated,, and
were afforded full opportunity to be heard, to examine and cross-
examineoNvitnesses, and to introduce evidence bearing on the issues.
The rulings of the Trial Examiner made at the hearing are free from
prejudicial. error and are hereby affirmed.' All parties were afforded
opportunity to file briefs with the Board.
The U. S. A. moved at the hearing that the petitions filed by the
Enginemen and the Trainmen be dismissed. Ruling on this motion
was reserved for the Board. , In view of our findings in Section IV,
infra, this motion is hereby granted.2
Upon the entire record in the case, the Board makes the following
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Geneva Steel Company, a Delaware corporation, is a wholly owned-
subsidiary of United States Steel Corporation. It operates and man-
ages certain steel producing facilities in the State of Utah owned by
the Defense Plant Corporation.3 These facilities consist of a coal
mine, located about 40 miles outside of Price, Utah; the Keigley
-.Quarry, situated near Payson, Utah; and the Geneva Plant, near
Provo, Utah. Only the quarry and the plant are involved in the in-
stant proceeding. Construction is still in progress at the plant. The
capacity production of limestone and dolomite at the Keigley Quarry
is ei,timated at 663,800 net tons per year. The entire output, except for
waste, will be consumed at the plant. The iron ore used by the Com-
pany is purchased from mines located within the State of Utah. At
the plant, the Company produces coke, pig iron, steel ingots, and struc-
tural steel products. It anticipates selling certain types of coke to
customers located within the State of Utah. Most of the pig iron will
' Sheet Metal Workers Local Union -#312 petitioned to intervene late in the hearing Its
petition was denied by the Trial Examiner. It is clear that the Sheet Metal workers' con-
tentions were adequately presented by the Council.
2 The U. S. A. also moved to dismiss the "interventions" of the several labor organiza-
tions affiliated with the American Federation of Labor Ruling on this motion was likewise
reserved for the Board we are of the opinion that the granting of this motion would serve
no useful purpose Accordingly , it is hereby denied
s The contract between the Company and the Defense Plant Corporation provides that
the former will manage the steel facilities for the account of the latter , will sell the prod-
ucts , and will remit all proceeds to the latter .' The Company is paid no fee or compensa-
tion for its service in this connection.
GENEVA STEEL COMPANY 53
be used in the production of steel ; any-surplus will be sold to customers
in the States of Washington, Oregon, and California. Likewise, most
of the steel ingots will be processed at the plant. , The plant's plate
mill has an estimated annual productive capacity of 700,000 net tons.
Plates produced will be used exclusively in building ships at West
Coast ports. The plant's structural mill has an estimated annual pro-
ductive capacity of 200,000 net tons. Its products, likewise, will be
used exclusively in building ships at West Coast ports. Byproducts,
such as tar, ammonium, sulphate, zyhiol, toluol, ands benzol, will be
sold to customers throughout the 11 western States.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
United Steelworkers of America is a labor organization affiliated
with the Congress of Industrial Organizations. admitting to member-
ship employees of the Company.
Brotherhood of Locomotive Firemen and Enginemen is a labor
organization admitting to membership employees of the Company.
Brotherhood of Railroad Trainmen is a labor organization admitting
to membership employees of the Company.
International Association of Machinists , District 114, is a labor or-
ganization affiliated With the American Federation of Labor, admitting
to membership employees of the Company.
International Brotherhood of Electrical Workers, Local Union 354,
is a labor organization affiliated with the American Federation of
Labor, admitting to membership employees of the Company.
Utah Metal Trades Council comprises several craft labor organiza-
tions affiliated with the American Federation of Labor, which admit
to membership employees of the Company.4
III. THE QUESTIONS CONCERNING REPRESENTATION
On or about December 14, 1943, the Enginemen and the Trainmen
sent a joint letter to the Company, requesting bargaining rights for
certain railway employees.' The Company replied on or about Decem-
ber 29, 1943, contending that the units requested were not appropriate
for collective -bargaining purposes, and, in effect, refusing to extend
recognition in the absence of certification by the Board.
With respect to the appropriate unit at the Keigley Quarry , the Council apparently
represented all the labor organizations involved herein which are affiliated with the Ameri-
can Federation of Laboi. With respect to the Geneva Plant, the Council represented all
the organizations involved herein which are affiliated with the American Federation of
Labor , except the I A DI and the I B E W.
54 DECISIONS OF-NATIONAL LABOR RELATIONS BOARD `
' On or about February 18, 1944, at a meeting attended by representa-
tives of the U. S. A. and labor organizations affiliated with the Ameri-
can Federation of Labor, requests were made of the Company to
recognize the several contending unions as representatives of employees
at the Keigley Quarry and the Geneva Plant. The Company declined
to recognize any of the labor organizations for reasons similar to those
given the Enginemen and the Trainmen.
A tabulation of the Trial Examiner concerning the representation
showings of the various unions, made and introduced into evidence
subsequent to the hearing with the consent of the parties, and state-
ments of a Field Examiner of the Board, introduced into evidence at
the hearing, are summarized in a footnote below.5 The tabulation and
statements indicate that the U. S. A. and the several affiliates of the
American Federation of Labor considered jointly, each represents a.
substantial number of employees at both the Keigley Quarry and the
Geneva Plant. They also indicate that the Enginemen and the Train-
men represent a substantial number of employees in the units they
contend to be appropriate.
We find that questions affecting commerce have arisen concerning
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 UNITS
A. The keigley Quarry
The Company, the U. S. A., and the Council, speaking for its craft
affiliates, agree that a single unit of production and maintenance em-
ployees is appropriate at the Keigley Quarry." The only disagree-
ment between the interested parties involves the supervisory status of
the head powderman and a millwright, the Company and the U. S. A.
contending that these employees should be excluded from the unit,
and the Council contending that they should be included.
The head powderman directs the work of approximately 14 em-
ployees who are engaged in the drilling and blasting of stone. He
works with these employees a portion of the time, but his recommenda-
6 See table below :
Number Representation showing in units
Type of unit employees
in unit Uh S A. A F of L Engmemcn Trainmen
Quarry (prod and maint unit) ------ 48 32 27 ------------
Plant
a Prod and maint unit --------- 1, 876 562 500 ------------
b Engmemen 'sumt- --------- -- 54 2 0 26
c. Trainmen's unit_____________ 82 8 8 ------------ 38
11
The Enginemen and the, Trainmen do not claim to represent any employees at the
quarry I ,
GENEVA STEEL COMPANY 55
tions concerning their,discharge and discipline are given consideration
by the Company., He reports directly to the general foreman. His
pay amounts to 8 cents an hour more than the highest paid man in
his crew, and 14 cents an hour more than the remainder of the crew.
In view of the above indicia of supervisory status, we shall exclude the
head powderman from the unit.
The millwright is in charge of the crushing mill, having four or five
employees under his direction. Although he works manually a por-
tion of'the time, his recommendations concerning the discharge and
discipline of employees under his supervision are also given considera-
tion by the Company. His rate of pay is 32 cents an hour more than
that of the men he directs. We shall exclude him from the unit for the
same reason-eve exclude the head powderman.
We find, in accordance with the agreement of the interested parties
and the foregoing determinations, that all hourly rated employees of
the Company employed in and about the Keigley Quarry near Payson,,
Utah, including watchmen, but excluding salaried employees, confi-
dential clerical employees regardless of method of compensation (but
not excluding other clerical employees on an hourly wage rate basis),
superintendent,' general foreman, head powderman, millwright, and
all other supervisory employees with authority to hire, promote, dis-
charge, discipline, or otherwise effect changes in the status of employ-
ees, or effectively -recommend such action, constitute a unit appropriate
for the purposes of collective bargaining within the meaning of Sec-
tion 9 (b) of the Act.
B. The Geneva Plant
The Geneva Plant is new, with no prior history of collective bar-
gaining. The Company and the U. S. A. contend that a single unit
of production and maintenance employees at the plant is appropri-
ate for collective, bargaining purposes. The various affiliates of the
Council, the I. B. E. `V., the I. A. M., the Enginemen, and the Train-
men, all seek 'separate craft units." Putting aside for the present the
claims of the Enginemen and the Trainmen, it appears that the unit
issue herein is the same as that which was resolved by the Board in
Matter of Tennessee Coal, Iron and Railway Company 9 by- a find-
4 The Company does not employ armed , deputized,,or militarized watchmen at the Keig-
ley Quarry At present, the Company does not employ guards at the Keigley Quarry, al-
though, as heiemafter in,dicated, guards are employed at the Geneva Plant
8 The Council proposes as an alternative position that two units be found appropriate,
one, consisting of production employees, the other of maintenance employees , excluding
those employees ohom the I A M and the I B E W seek to represent This alternative
position was not developed at the hearing. We find it has no merit See Matter of Mon-
santo Chemical Company, 55 N L It. B 1452.
9 39 N L R B 617 See also Matter of Sheffield Steel Corp of Texas, et at, 43
N L R B 956-; Matter of Tennessee Coal, Iron, and R. R Co , et at, 45 N L R B 423 ;
and Matter of-Laclede Steel Company, 49 N L It. B 1116
I
11
56 DECISIONS OF i NATIONAL LABOR RELATIONS-BOARD
ing that an industrial type unit was appropriate in the basic steel
industry. The record in the instant case unquestionably confirms our
conclusion in the above case. Accordingly, Ave find no merit in the
contentions of the several American Federation of Labor affiliates
that the separate craft units which they seek are appropriate fold
the purposes'of collective bargaining at the Geneva Plant.
The Enginemen and the Trainmen petition for separate units of
the Company's railway employees. We note that the Company's
railway is operated entirely within the plant area. Moreover, the
work of the railway employees is closely correlated and integrated .
with the work of the various production departments. In view of
the above facts, and since organization has proceeded upon a broader
basis, we conclude, as Ave have under similar circumstances, that the
Company's intraplant railwiiy is more intimately associated with
the production of steel than with the business of railway transporta-
tioii.10 We find, consequently, that separate units of the Company's
railway employees are not appropriate for the purposes of collective
bargaining, and we shall dismiss the petitions filed by the Engine-
men and the Trainmen.
The Company and the U. S. A. would exclude from the unit the
-watchlen, who are not armed, uniformed, or militarized. The Coun-
cil would include them. In the case of the quarry eiiiployees, as
noted above, the parties agree to include similar watchmen. We
find, no basis in the record to justify the inclusion of watchmen in
the unit of quarry employees and their exclusion from a unit of,
plant employees. Therefore, -we shall include the watchmen.
We find, in accordance with the determinations made above and
the agreement of the parties, that all hourly rated employees 'of the
Company at the Geneva Ptant, including watchmen, gang leaders,"
and hourly rated recorders, but excluding salaried employees, con-
fidential clerical employees regardless of method of compensation
(but not excluding other clerical employees on an hourly wage rate
basis), guards'12 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.
10 Matter of Elects o Metallurgical Company, 54 N L R B 15 ; Matter of Tennessee
Coal, Iron and Railroad Company, Open Ileaith Dept of Easley Works, $9 N L R B.
626 , and Matter of Wheeling Steel Corporation , Steubenville , Ohio, 8 N L R 3 102
11 It is clear from the record that gang leaders are not supervisory employees isithmn the
meaning of our customary definition
32 The guards are armed , uniformed , and militarized.
GENEVA STEEL COMPANY
C. 711E DETERMINATION OF REFRE.SEN TATIVT:S
57
We shall direct that the questions concerning representation which
have arisen be resolved by separate elections by secret ballot among the
employees m the appropriate units who were employed during the
pay-roll period immediately preceding the date of, our Direction of
Elections herein, subject to the limitations and additions set forth
therein. '
At the time of the hearing, the Company employed a number of
part-time employees at the Geneva Plant who worked 3 days 'a week
employees. All the interestedperforming the same duties as full-time
parties agree that they are entitled to vote. We find that the part-
time employees have a sufficient interest in the selection of a collective
bargaining representative to entitle them to vote'3
Since the units sought by the Eli inenien and the Trainmen have
not been found to be appropriate, and these organizations claim no
interest in the units found above to be appropriate, Nye shall not place
their names on the ballots''' '
DIRECTION OF ELEC TIONS
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 3, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Geneva Steel
Company, Provo, Utah , separate elections by secret ballot shall be con-
ducted as early as possible; but not later than thirty ( 30) days from
the date of this Direction of Elections , under the-direction and super-
vision of the Region ; il Director for the Twentieth Region , acting in
this matter as agent for the National Labor Relations Board, and
subject to Article III; Sections 10 and 11, of said Rules and Regula-
tions, among the employees in the units found appropriate in Section
IV. above, who were employed bye the Company during the pay-roll
period immediately preceding the date of this Direction of Elections,
including employees who did not work during said pay-roll period-
because .they were ill or on vacation or temporarily laid off, and in-
cluding employees in the,armed forces of the United 1States - who pre-
"See Matter of Southern Bell Telephone and Telegraph Company, 55 N. L R B. 1038
14 The Council , on behalf of its affiliates , stated at the, hearing that should an election
be (inected among the employees at the Keigley Quarry. it desired to appear on the ballot
as "Metal Trades Council. A F' of L " The I. A nil , the I B E W , and the, Council, on
'behalf of its affiliates, agreed at the hearing that, should a single unit be found appropriate
at the Geneva Plant , and an election be directed , they desired to - appear jointly on the
ballot as "'American Federation of Labor" The U S A expressed a pieference to appear
on all ballots as "United Steelworkeis of America, C 1 0 " The requests of the above
parties are hereby granted
58 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
sent themselves in person at the polls , but excluding those employees
who have since quit or been discharged for cause and have not been
rehired or reinstated prior to the date of the elections , to determine,'
with respect to the employees in the unit' found appropriate at the
Keigley Quarry, whether they desire to be represented by `United
Steelworkers of America, C. I. 0., or by 'Metal Trades Council,
A. F. of L., for the purposes of collective bargaining, or by neither;
and- to determine , with respect to the employees in the unit found
appropriate at the Geneva Plant, whether they- desire to be repre-
sented by United Steelworkers of America, C. I. 0., or by American
Federation of Labor, for the purposes of collective bargaining, or by
neither.
ORDER
-On the basis of the foregoing findings of fact, the, National Labor
Relations Board hereby orders that the petitions for investigation and
certification of representatives of employees of Geneva Steel Com-
pany, Provo, Utah, filed by Brotherhood of Locomotive Firemen and
Enginemen and Brotherhood of Railroad Trainmen in Cases 'Nos.
20-R-1025 ' and 20-R-1040 , respectively , be, and they hereby are,
dismissed.