Republic Steel Corp.

National Labor Relations Board - Board Decisions

Sep 12, 1941

35 N.L.R.B. 363 (N.L.R.B. 1941)

In the Matter of REPUBLIC STEEL CORPORATION , NTT,-F. s STEEL. PROD-
UCTS DIVISION and THE NILES STEEL FABRICATING EMPLOYEES' Asso-
CIATION ( INDEPENDENT)
Case No. B-2830.-Decided September 12, 1941
Jurisdiction : steel fabricating and stamping industry.
Investigation and Certification of Representatives : existence of question: stipu-
lated; election necessary.
Unit Appropriate ' for Collective Bargaining : all production and maintenance
employees, excluding executives, foremen, assistant foremen, supervisors who
do not work with tools, draftsmen, timekeepers, nurses, first-aid men, watch-
men, and office and salaried employees ; stipulation as to.
Mr. T. F. Patton, of Cleveland, Ohio, for the Company.
Mr. Paul Z. Hodge, of Warren, Ohio, for the Association.
Mr. Meyer Bernstein, of Pittsburgh, Pa., for the S. W. O. C.
Mr. Frederic B. Parkes, 2nd, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On April 3, 1941, The Niles Steel Fabricating Employees' Asso-
ciation (Independent), herein called the Association, filed with the
Regional Director for the Eighth Region (Cleveland, Ohio) a peti-
tion alleging that a question affecting commerce had arisen
concerning the representation of employees of Republic Steel Cor-
poration, Niles Steel Products Division,' Niles, Ohio, herein called
the Company, and requesting an investigation and certification of
representatives pursuant to Section 9 (c) of the National Labor
Relations Act, 49 Stat. 449, herein called the Act. On July 8, 1941,
the National Labor Relations Board, herein called 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 2,
as amended, ordered an investigation and authorized the Regional
Director to,conduct it and to provide for an appropriate hearing
upon due notice.
i Incorrectly designated as The Niles Steel Products Company in the pleadings and amended
by stipulation of all parties at the hearing.
35 N. L R. B, No 75.
363
364 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
On July 21, 1941, the Regional Director issued a notice of hear-
ing, copies of which were duly served upon the Company and the
Association and upon Local No. 2347, Steel Workers Organizing
Committee, affiliated with the Congress of Industrial Organizations,
herein called the S. W. O. C., a labor organization claiming to
represent employees directly affected by the investigation. Pur-
suant to notice, a hearing was held on August 1, 1941, at Niles, Ohio,
before Harry L. Lodish, the Trial Examiner duly designated by the
Chief Trial Examiner. The Company, the Association, and the
S. W. O. C. were represented by counsel and participated in the
hearing. Full opportunity to be heard, to examine and cross-
examine witnesses, and to introduce evidence bearing on the issues
was afforded all parties. No objections to the introduction of evi-
dence or to the rulings of the Trial Examiner were made by any of
the parties. The Board has reviewed the rulings of the Trial Ex-
aminer and finds that no prejudicial errors were committed. The
rulings are hereby affirmed. On August 20, 1941, the Association
and the S. W. O. C. filed briefs which the Board has considered.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Republic Steel Corporation, Niles Steel Products Division, is en-
gaged in the manufacture of steel pails, barrels, boxes, drums, skid
platforms, foundry flasks, and steel stampings for the automobile,
agricultural machine, and miscellaneous industries at its plant in
Niles, Ohio. In 1940, the Company sold products valued at $3,401,-
366.36, $2,294,208.73 worth of which were sold and shipped to points
outside the State of Ohio. The Company employs approximately
600 employees.
II. THE ORGANIZATIONS INVOLVED
The Niles Steel Fabricating Employees' Association is an un-
affiliated labor organization, admitting employees of the Company
to membership.
Local No. 2347, Steel Workers Organizing Committee,' is a labor
organization, affiliated with the Congress of Industrial Organizations,
admitting employees of the Company to membership.
III. THE QUESTION CONCERNING REPRESENTATION
At the hearing, the Company, the Association, and the S. W. O. C.
stipulated that a question concerning representation had arisen and
REPUBLIC STEEL CORPORATION 365
that the Association and the S. W. O. C. represent a substantial number
of employees in the unit found below to be appropriate.
We find that a question has arisen concerning the representation of
employees of the Company.
IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON
COMMERCE
We find that the question concerning representation which has
arisen, occurring in connection with the operations of the Company
described in Section I above, has a close, intimate, and substantial
relation to trade, traffic, and commerce among the several States and
tends to lead to labor disputes burdening 'and obstructing commerce
and the free flow of commerce.
V. THE APPROPRIATE UNIT
At the hearing, the Company, the Association, and the S. W. O. C.z
stipulated, and we find, that all production and maintenance em-
ployees of the Company's plant at Niles, Ohio, excluding executives,
foremen , assistant foremen, supervisors who do not work with tools,
draftsmen, timekeepers, nurses, first-aid men, watchmen; and office
and salaried employees, constitute a unit appropriate for the pur-
poses of collective bargaining. We further find 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 effectu-
ate the policies of the Act.
VI. THE DETERMINAIION OF REPRESENTATIVES
We find that the question concerning representation which has
arisen can best be resolved by means of an election by secret ballot.
2 Although the S. W. 0. C. stipulated at the hearing to a separate election for the Niles
Steel Products Division of Republic Steel Corporation , it asserts that such stipulation is
not intended to waive its claim that all the plants of the Company , including its iron-ore
mines in Michigan and Minnesota , comprise a single appropriate unit. In the event that
the S. W. O. C. wins the election at the Company 's plant in Niles , Ohio, it requests that
the Board certify it , not as the collective bargaining representative for the employees
of the Company 's plant in Niles, Ohio, alone , but rather append such certification to those
which may be made as the result of petitions filed with the Board concerning other of the
Company's plants . A stipulation , entered into by the Company and the S. W. 0. C.
on July 15, 1941, provides , inter alia , that the employees in the various plants of the
Company covered by the stipulation for whom the Board shall certify the S. W. 0. C. as
the statutory representative shall constitute ' a single appropriate collective bargaining
unit. We are of the opinion, however , that at the present time it is unnecessary to
determine the question of certification which will depend upon the outcome of the election.
Cf. Matter of Chrysler Corporation and United Automobile Workers of America, Local 371,
affiliated with C. 1. 0, 17 N. L. R. B . 737; Matter of Briggs Manufacturing Company and
Briggs Indiana Corporation and International Union, United Automobile Workers of Amer-
ica, affiliated, with the C . I. 0., and Locals No 312 and No. 265, International Union, United
Automobile Workers of America, affiliated with the C . I. 0., 17 N. L. R. B. 749.
366 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The Association desires the use of the pay roll nearest April 3, 1941,
for the purpose of determining eligibility to vote. The S. W. O. C.
desires the use of the pay roll immediately preceding the date of the
Direction of Election. The Company's operations in the past have
been highly seasonal in character; the rush season has started in March
and ended the latter part of September or October, when the Company
has usually laid off 50 per cent of its employees. However, due to the
volume of unfilled contracts, it is possible that no further lay-offs will
be made this year. Furthermore, it appears that each season the
Company rehires workers whom it has previously employed and
that the seasonal employees are frequently employed permanently at
the end of the busy season. In view of these circumstances, we shall
direct that the employees of the Company eligible to vote in the elec-
tion shall be those who were employed during the pay-roll period
immediately preceding the date of the Direction of Election herein,
subject to such limitations and additions as are set forth in the
Direction. -
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following :
CONCLUSIONS OF LAW
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of Republic Steel Corporation, Niles Steel
Products Division, Niles, Ohio, within the meaning of Section 9 (c)
and Section 2 (6) and (7) of the Act.
2. All production and, maintenance employees of the Company's
plant at Niles, Ohio, excluding executives, foremen, assistant foremen,
supervisors who do not work with tools, draftsmen, timekeepers,
nurses, first-aid men, watchmen, and office and salaried employees con-
stitute a unit appropriate for the purposes of collective bargaining,
within the meaning of Section 9 (b) of the Act.
DIRECTION OF ELECTION,
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, Section 8, of National Labor
Relations Board Rules and Regulations-Series 2, as amended, it is
hereby
DmEarED that, as part of the investigation authorized by the Board
to ascertain representatives for the purposes of collective bargaining
with Republic Steel Corporation, Niles Steel Products Division, Niles,
Ohio, an election by secret ballot shall be conducted as early as pos-
sible, but not later than thirty (30) days from the date of this Direc-
REPUBLIC STEEL CORPORATION 367
tion, under the direction and supervision of the Regional Director for
the Eighth Region, acting in this matter as agent for the National
Labor Relations Board, and subject to Article III, Section 9, of said
Rules and Regulations, among all production and maintenance em-
ployees at the Company's plant at Niles, Ohio, who were employed
during the pay-roll period immediately preceding the date of this
Direction, including employees who did not work during such pay-
roll period because they were ill or on vacation or in the active military
service or training of the United States, or temporarily laid off, but
excluding executives, foremen,, assistant foremen, supervisors who
do not work with tools, draftsmen, timekeepers, nurses, first-aid men,
watchmen, office and salaried employees, and employees who have since
quit or been discharged for cause, to determine whether they desire to
be represented by The Niles Steel Fabricating Employees' Associa-
tion, or by Local No. 2347, Steel Workers Organizing Committee,
affiliated with the Congress of Industrial Organizations, for the pur-
poses of collective bargaining, or by neither.