National Tube Co.

National Labor Relations Board - Board Decisions

Jul 30, 1942

42 N.L.R.B. 1121 (N.L.R.B. 1942)

In the Matter of NATIONAL TUBE COMPANY and UNITED STEELWORKERS
OF AMERICA
Case No. B-3982.-Decided July 30, 194
Investigation and Certification of Representatives : stipulation for certification
upon consent elections
Mr. C. 1? Cox, of Pittsburgh, Pa., for the Company.
Mr. Lee Pressman, of Washington, D C., for the Union.
Mr. George H Gentithes, of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
Upon petition and amended petition duly filed by Steel Workers
Organizing Committee, herein called the Union, alleging that a
question affecting commerce had arisen concerning the representa-
tion of employees of National Tube Company, herein called the Com-
pany, engaged in Ohio and Pennsylvania in the manufacture and
sale of steel and steel products, the National Labor Relations Board
provided for an appropriate hearing upon due notice. On May 25,
1942, before a hearing was held, the Company, the Union, and the
Regional Director for the Sixth Region (Pittsburgh, Pennsylvania)
enteied into a"STIPULATION FOR CONSENT ELECTIONS AND CERTIFICA-
TION BY NATIONAL LABOR RELATIONS BOARD "
Pursuant to the stipulation elections by secret ballot were con-
ducted on June 5, 1942, under the direction and supervision of the
Regional Director, among all employees in the following plants of
the Company :
Ellwood Works, Ellwood City, Pennsylvania
Lorain Works, Lorain, Ohio
National Works, McKeesport, Pennsylvania.
Christy Park Works, McKeesport, Pennsylvania,
except salaried employees, foremen, assistant foremen, supervisors in
charge of any classes of labor, or watchmen, guards, confidential
42 N L R B, No 201
472814-42-vol 42-71 1121
1122 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
clerical employees regardless of method of compensation (but not ex-
cluding other clerical employees on an houily wage-rate basis), to
determine whether or not they desiied to be represented by the
Union On June 16, 1942, the Regional Director issued and duly
served upon the parties an Election Repoit on the ballot No, ob,
section to the conduct of the ballot or the Election Report have been
filed by any of the parties
As to the balloting and its results, the Regional Director reported
as follows :
A ELLWOOD WoRKS , ELLWOOD CITY, PENNSYLVANIA
Total on eligibility, list------------------------------------ 3, 622
Total ballots cast=-------------- ------------------------- 2,933,
Total ballots challenged----------------------------------- 1
Total blank ballots_______________________________________ 2
Total void ballots ---------------------------------------- 3
Total valid votes counted--------------------------------- 2,927
Votes cast for Steel Workers
Organizing Committee----------------------------------- 2,518
Votes cast against Steel Woikeis
Oiganizing Committee---------------------------------- 409
B LORAIN WORKS, Loa,IN, OHIO
Total on eligibility list------------------------------------ 8, 318
Total ballots cast----------------------------------------- 5,857
Total ballots challenged----------------------------------- 17
Total blank ballots----------------------------------------- 13
Total void ballots --------------------------------------- 36,
Total valid votes counted-------------------------------- 5,791
Votes cast for Steel Workers
Oiganizing Committee---------------------------------- 5,512
Votes cast against Steel Workers
Organizing Committee---------------------------------- 279
C NATIONAL WORKS, MCKEESPORT, PENNSYLVANIA
Total on eligibility list------------------------------------ 6, 788
Total ballots cast ---------------------------------------- 5,008
Total ballots challenged----------------------------------- 0
Total blank ballots--------------------------------------- 7
Total void ballots=---------------------------------------- 25
Total valid votes ---------------------------- -t 4,976
Votes cast for Steel Workers
Organizing Committee ------------ 7 --------- --------
4, 580
Votes cast against Steel Workers 4 `" - i
Organizing Committee---------------------------------- 396
D CHRISTY PARK PLANT, MCKEESPORr, PENNSYLVANTA
Total on eligibility list------------------------------------ 4,901
Total ballots cast ------------------ ------------------------- 2,968
Total ballots challenged--------------------------------`-- 0-
NATIONAL - TUBE COMPANY 1123
Tatar blank ballots ________________________________________ 1
Total void ballots----------------------------------------- -
Total valid votes counted__________________________________ 2,964
Votes cast for Steel Workers
Organizing Committee- --------------------------\------- 2,772
Votes cast against Steel Workers
Organizing Committee---------------------------------- 192
Upon motion duly filed by the Steel Workers Organizing Commit-
tee` praying that the name "United Steelworkers, of` America" be sub-
stituted for the name "Steel Workers Organizmg_ Committee" in, the
caption and relevant portions of the record in this proceeding,' the
Board on July 16, 1942, issued and duly served upon the parties its
notice to show cause why said motion should not be granted. ' No
sufficient cause to the-contrary having been shown, the Board on July
24, 1942, issued its ordei granting said motion to substitute the name
"United Steelworkers of America" for the name "Steel Workers Or-
ganizing Committee " We accordingly correct, the caption and will
certify the United Steelworkers of America as exclusive bargaining,
representative ,
Upon the basis of the stipulation, the Election Report, ^ and the
entire record in this case, the Boaid makes the following
FINDINGS OF FACT
1 A question affecting commerce has arisen concerning, the repre-
sentation of employees of National Tube Company, Pittsburgh, Penn-
sylvania, within the meaning of Section 9 (c) and Section, 2,(6) -and,
(7) of the National Labor, Relations Act
2 All employees of the following plants of National Tube Company :
Ellwood Works, Ellwood City, Pennsylvania
Lorain Works, Lorain, Ohio
National Works, McKeesport, Pennsylvania
Christy Palk Works, McKeesport, Pennsylvania
except salaried employees, foremen, assistant foremen, supervisors in
charge of any^classes of labor, or watchmen, guards,,confidential,.cler-
lcal employees regardless of method of compensation (but not exclud-
ing other clerical employees on an hourly wage-rate basis), constitute
a unit appropriate for the purposes of collective bargaining within
the meaning of Section 9 (b) of the Act 1
3 United Steelworkers of America has been designated and selected
by-a majority of employees-in the above unit as their representative
I The parties stipulated that the Boaid may in its Decision and Certification determine
that those plants in which the Union recei\es a inajouty of the valid ballots cast shall
comprise a single appropuate unit and that the Boaia'may certify the Union as the
exclusive collectiNe bargaining repiesentative for said single appiopiiate unit
1124 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
for the purposes of collective bargaining and is the exclusive repre-
sentative of all employees in said unit within the meaning of Section
9 (a) of the 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,
IT IS HEREBY CERTIFIED that United Steelworkers of America has
been designated and selected by a majority of all the employees of the
following plants of National Tube Company :
Ellwood Works, Ellwood City, Pennsylvania
Lorain Works, Lorain, Ohio
National Works, McKeesport, Pennsylvania
Christy Park Works, McKeesport, Pennsylvania
except salaried employees, foremen, assistant foremen, supervisors in
charge of any classes of labor, or watchmen, guards, confidential cler-
ical employees regardless of method of compensation (but not ex-
cluding other clerical employees on an hourly wage-rate basis), as
their representative for the purposes of collective, bargaining and that,
pursuant to Section 9 (a) of the Act, United Steelworkers of America
is the exclusive representative of all such employees for the purposes
of collective bargaining with respect to rates of pay, wages, hours of
employment, and other conditions of employment.