Pittsburgh Steel Co.

National Labor Relations Board - Board Decisions

Aug 21, 1942

43 N.L.R.B. 535 (N.L.R.B. 1942)

In the Matter of PITTSBURGH STEEL COMPANY, AND MONESSEN SOU'i 11-
WESTERN RAILWAY COMPANY and BROTHERHOOD OF Loco1roTIVE FinF-
MEN AND ENGINEMEN
In the Matter Of PITTSBURGH' STEEL COMPANY, AND MONESSEN-SOU'rli-
WESTERN RAILWAY COMPANY and MONESSEN SOUTHWESTERN R.itt,-
ROAD EMPLOYEES ASSOCIATION
Cases Nos. R-4142 and R-4143, respectively.Decided August
21, 1942
Investigation and Certification of Representatives : stipulation for certification
upon consent election.
Mr. Garrett A. Connors, of Pittsburgh, Pa., for the Steel Company
and the Railway Company.
Mr. H. F. Lutz, of Brownsville,, Pa., for the Brotherhood. , , ,
Mr: John Province, of Monessen, Pa., for the Association.
Mr. David Karasick, of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
Upon separate petitions duly filed by Brotherhood of Locomotive
Firemen and Enginemen, an unaffiliated labor organization, herein
called 'the Brotherhood, and Monessen Southwestern Railroad Em
ployees Association, an unaffiliated labor organization, herein callea
the Association, alleging that questions affecting commerce had arisen
concerning the representation of employees of Pittsburgh Steel
Company, herein called the Steel Company, engaged in Monessen,
Pennsylvania, in the manufacture of iron and steel,- and Monessen
Southwestern Railroad Company, herein called the Railway Com-
pany, a wholly owned subsidiary of the Steel Company engaged solely
in intra=plant transportation, as co-employers, 'the National Labor
Relations Board consolidated the cases and provided for an appro-
priate hearing upon due notice. On July 27, 1942, before a hearing
was held the Steel Company, the Railway-Company, the Brotherhood,
the Association, and "the Regional Director for the Sixth- Region
43 N. L. R. B., No. 80.
535
536 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
(Pittsburgh, Pennsylvania) entered 'into a "stipulation for certifica-
tion upon consent election."
Pursuant to the stipulation, elections by secret ballot were conducted
on August 3, 1942, under the direction and supervision of the Regional
Director, as follows:
Group 1 -
All employees of the Steel Company working for the Railway Com-
pany, excluding locomotive engineers and firemen and supervisory'
and clerical employees, to determine whether or not they desired to
be represented by the Association for the purposes of collective
bargaining.
Group 2
All the locomotive engineers and firemen of the Steel Company
working for the Railway Company, excluding supervisory employees,
to determine whether they desire to be represented by the Brother-
hood or by the Association for the purposes of collective bargaining,
or by neither.
On August 5, 1942, the Regional Director issued and duly served
upon the parties his Election Report. No objections to the conduct of
the ' ballot or to the Election Report have been filed by any of the
parties. -
As to the balloting and its results, the Regional Director reported
as'follows:
Gaour,1
Total on eligibility list--------------------------------------- 218
Total ballots cast------------------------------------------ 158
Total ballots challenged------------------------------------- < 1
Total blank ballots---------------------------------------- 0
Total void ballots------------------------------------------- . 0
Total valid votes counted----------------------------------- 157
Votes cast for Monessen Southwestern Railroad Employees As-
sociation------------------------------------------------- 83
Votes cast against Monessen Southwestern Railroad Employees
Association ----------------------------------------------- 74
Gaour 2
Total on eligibility list-------------------------------------- - 78
Total ballots cast------------------------------------------- 78
Total ballots .challenged------------------------------ ------ 0
Total blank ballots------ ----------------------------------- 0
Total `raid ballots------------------------------------------- 1
Total valid votes counted----------------------------------- 77
Votes cast for Brotherhood of Locomotive Firemen and En-
ginemen ------------------------------------------------- 43
Votes cast for Monessen Southwestern Railroad Employees
Association-------------------------------------`--------- 33
Votes cast for neither --------------------------------------- I
-
PITTSBURGH STEEL COMPANY 537
Upon the basis of the Stipulation, the Election Report, and the,
entire record'in the case, the Board makes the following:
FINDINGS OF FACT
1. Questions affecting commerce have arisen concerning the repre-
sentation of employees of Pittsburgh Steel Company, Monessen,
Pennsylvania, and Monessen Southwestern Railway Company, Mones-
sen, Pennsylvania, within the meaning of Section 9 (c) and Section
2 (6) and (7) of the National Labor Relations Act.
2. All employees of the Steel Company working for the Railway
Company at the Monessen, Pennsylvania, plant, excluding locomotive
engineers and firemen and supervisory and clerical employees, con-
stitute a unit appropriate for the purposes of collective bargaining,
within the meaning of Section 9 (b) of the Act; and all locomotive
engineers and firemen of the Steel Company working for the Rail-
way Company at the Monessen, Pennsylvania, plant, excluding super-
visory employees, constitute a unit appropriate for the purposes of,
collective bargaining, within the meaning of Section 9 (b) of the Act,
3. Monessen Southwestern Railroad Employees Association has
been designated and selected by a majority of all employees of the
Steel Company working for the Railway Company at the Monessen,
Pennsylvania, plant, excluding locomotive engineers and firemen and
supervisory and clerical employees, as their representative for the
purposes of collective bargaining and is the exclusive representative
of all employees in said unit, within the meaning of Section 9 (a)
of the Act ; and Brotherhood of , Locomotive Firemen and Engine-
men has been designated and selected by a majority of all locomotive
engineers and firemen of the Steel Company working for the Railway
Company at,the Monessen, Pennsylvania, plant, excluding supervis-
ory employees, as their representative for the purposes of collective
bargaining and is the exclusive representative 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 Re-
lations Act,
IT IS HEREBY CERTIFIED that Mbnessen Southwestern Railroad Em-
ployees Association has been designated and selected by a majority
of all employees of the Pittsburgh Steel Company working for
Monessen Southwestern Railway Company at the Monessen, Pennsyl
vania, plant, excluding locomotive engineers and firemen and super-
visory and clerical employees, as their representative for the purposes
538 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
of, collective bargaining, and, that, pursuant to Section 9 (a) of
the Act, Monessen Southwestern Railroad Employees Association 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; and
IT IS HEREBY FURTHER CERTIFIED that Brotherhood of Locomotive
Firemen and Enginemen has been designated and selected by a ma-
jority of all locomotive engineers and firemen of Pittsburgh Steel
Company working for Monessen Southwestern Railway Company at
the Monessen, Pennsylvania, plant, excluding supervisory employees,
as their representative for the purposes of collective bargaining, and
that, pursuant to Section 9 (a) of the Act, Brotherhood ,of Loco-
motive Firemen and Enginemen 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.
CiIAIRIMIAN MILLIS took no part in the consideration of the above
Decision and Certification of Representatives.