Republic Steel Corp.

National Labor Relations Board - Board DecisionsSep 15, 1941

35 N.L.R.B. 653 (N.L.R.B. 1941)

In the Matter of REPUBLIC STEEL CORPORATION and STEEL WORKERS ORGANIZING COMMITTEE In the Matter of TRUSCON STEEL. COMPANY, A MICHIGAN CORPORATION and STEEL WORKERS ORGANIZING COMMITTEE Cases Nos. R-9716 and R-2909.-Decided September 15, 1941 Investigation and Certification of Representatives : stipulation for Certification of Representatives upon pay-roll check. Mr. Malcolm 'F. Halliday and Mr. Harry L. Lodish, for the Board. Mr. T. F. Patton, of Cleveland, Ohio, for the Company. 'Mr. Lee Pressman, of Washington, D. C., for the Union. Mr. Frederic B. Parkes, end, of counsel to the Board. DECISION AND CERTIFICATION OF REPRESENTATIVES STATEMENT OF THE CASE On July 16, 1941, Steel Workers Organizing Committee, herein called the Union, filed a petition with the National Labor Relations Board herein called the Board, at Washington, D. C., as authorized by the Board under Article III, Section 10 (a), of National Labor Relations Board Rules and Regulations-Series 2, as amended, alleg- ing that a question affecting commerce had arisen concerning the representation of employees of Republic Steel Corporation, Cleve-, land, Ohio, herein called the Corporation, at the following plants of the Corporation, where it is engaged in the manufacture, sale, and distribution of iron and steel products: Cleveland Works (Corrigan, McKinney Plant and Strip Mill), Cleveland, Ohio; Bolt and Nut Division, Cleveland, Ohio; Steel and Tubes Plant, Cleveland, Ohio; Youngstown Works, Youngstown, Ohio; Warren Works, Warren, Ohio; Niles Works, Niles, Ohio; Canton Works, Canton, Ohio; Berger Manufacturing Division, Canton, Ohio; Culvert Division, Canton, Ohio; Massillon Works, Massillon, Ohio; Union Drawn Steel Division, Massillon, Ohio; Buffalo Works, Buffalo, New York; South Chicago Works and Grand Crossing Works, Chicago, 35 N. L. R. B., No 142. 653 654 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Illinois; Ideal Foundry & Machinery Division, Newton Falls, Ohio; and Troy Furnace, Troy, New York. The petition requested 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 15, 1941, the Board, acting pursuant to Section 9 (c) of the Act and Article III, Section 10 (b), of said Rules and Regulations, ordered an investigation and authorized the Acting Director of Field Division to conduct, it and to provide for an appropriate hearing upon due notice. On August 19, 1941, the Union filed with the Regional Director for the Eighth Region (Cleveland, Ohio) a petition alleging that a question affecting commerce hyd arisen concerning the representation of employees of Truscon Steel Company, Cleveland, Ohio, herein called the Company, at its Cleveland plant, where it is engaged in the manufacture, sale, and distribution of metal windows, metal lath, automobile stampings, refrigerator cabinets, other pressed-steel products, and road mesh. The petition requested an investigation and certification of representatives pursuant to Section 9 (c) of the Act. On August 19, 1941, the Board, acting pursuant to Section 9 (c) of the Act and Article III, Section 3, of said Rules and Regulations, ordered an investigation and authorized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice. On August 22, 1941, the Board, acting pursuant to Article III, Section 10 (c) (1), of said Rules and Regulations, ordered that the case be transferred to and continued before the Board, and pursuant to Article III, Section 10 (c) (2), of said Rules and Regulations, ordered that the two cases be consolidated for all purposes. On July 15, 1941, the Corporation, the Union, and the Board entered into a "STIPULATION FOR CERTIFICATION UPON PAYROLL CHECK", covering the employees of the Corporation's steel plant and continuous strip mill at Cleveland, Ohio; Steel and Tubes Division at Cleveland, Ohio; steel plant at Youngstown, Ohio; plants at Warren and Niles, Ohio; Culvert Division at Canton, Ohio; Union Drawn Steel Division at Massillon, Ohio; Ideal Foundry Division, at Newton Falls, Ohio; steel plant at Buffalo, New York; and steel plants at South Chicago and Grand Crossing, Chicago, Illinois. On the same day, the Corporation, the Union, and the Board entered into a "STIPULATION FOR CERTIFICA- TION UPON PAYROLL CHECK BY BOARD AGENT", cover- ing the employees of the Corporation's steel plants at Canton, Ohio; Berger Manufacturing Division at Canton, Ohio; steel plant at Massillon, Ohio; and Bolt and Nut Division at Cleveland, Ohio. On July 23, 1941, the Corporation, the Union, and the Board entered REPUBLIC STEEL CORPORATION 655 into a "STIPULATION FOR CERTIFICATION UPON PAY- ROLL CHECK", covering the employees of the Corporation's plant at Troy, New York. On August 19, 1941, the Company, the Union, and 'the Board entered into a "STIPULATION FOR CERTIFI- CATION UPON PAYROLL CHECK", covering the employees of The Company's plant at Cleveland, Ohio. Pursuant to the stipulations, a pay-roll check by comparison of union designations with the pay rolls of the Corporation and the Company for the period ending July 15, 1941, was made from August 4 to 9, 1941, inclusive, under the supervision of the Acting Director of the Field Division, to determine the number of produc- tion and maintenance employees, at the plants of the 'Corporation and the Company set forth above, excluding executives, foremen, assistant foremen, supervisors who do not work with tools, draftsmen, timekeepers, first-aid men and nurses, watchmen, and office and salaried employees, and excluding bricklayers at the Corporation's steel plants at Warren, Niles, Canton, and Massillon, Ohio, and at South Chicago and Grand Crossing, Chicago, Illinois; locomotive engineers and firemen, stationary engineers, locomotive' crane engineers, and switchmen at the Corporation's plant at Buffalo, New York; brakemen, engineers, conductors, and firemen at the Corpora- lion's plant at Troy, New York, who were members in good stand- ing of the Union and of Amalgamated Association of Iron, Steel and Tin Workers of North America, herein called the Amalgamated, an affiliate of the Union, as of August 1, 1941. On August 30, 1941, the Acting Director of the Field Division, acting pursuant to the stipulations, issued two separate Payroll Check Reports, copies of which were duly served upon the Corporation, the Company, and the Union and upon United Roll Turners Associa- tion of America, Division No. 11, herein called the Roll Turners, a labor organization claiming to represent employees directly affected by the pay-roll check. On September 10, 1941, the Roll Turners filed with the Board a motion to intervene and exceptions to the pay- roll check report which the Board has considered. The motion is hereby denied and the exceptions are hereby overruled without prej- udice to the proceeding on the petition filed by the Roll Turners in Matter of Republic Steel Corporation and United Roll Turners Association of America, Division #11, Independent, Case Number VIII-R-586.1 The Acting Director of the Field Division reported that, as to the plants listed below, the pay-roll check indicated that the total num- ' On August 26, 1941, the Roll Turners filed with the Regional Director for the Eighth Region a petition for investigation and certification of representatives , alleging that 24 roll turners employed at the Corporation 's Corrigan -McKinney plant at Cleveland, Ohio, constitute an appropriate unit. 656 DECISIONS OF NATIONAL LABOR RELATIONS BOARD ber of eligible employees employed on July 15, 1941, by the Corpo- ration and the Company in the units described as appropriate in the stipulations, and the total number of members of the Union and the Amalgamated in good standing as of August 1, 1941, and employed in such units on July 15, 1941, were as follows : Unit for Pay roll Check : Number of Y Dlrog{blew on Number of (1) Steel plant of the Corporation, includ- Pay roll of Members of July 15, Union on ing the continuous strip mill, located 1941. August 1, 1941. at Cleveland, Ohio__________________ 5,229 4,105 (2) Plant of the Steel and Tubes Division, located at Cleveland, Ohio___________ 427 309 (3) Steel plant of the Corporation located at Youngstown, Ohio________________ 8, 047 5,148 (4) Steel plants of the Corporation located at Warren and Niles, Ohio__________ 5,636 4, 620 (5) Plant of the Union Drawn Steel Divi- sion, located at Massillon, Ohio_ 497 395 (6) Plant of the Ideal Foundry Division, located at Newton Falls, Ohio_______ 120 114 (7) Steel plant of the Corporation located at Buffalo, New York_______________ 2, 586 1, 890 (8) Steel plants of the Corporation located at South Chicago and Grand Crossing, Chicago, Illinois____________________ 2, 035 1, 300 (9) Plant of the Corporation located at Troy, New York____________________ 140 131 (10) Plant of the Truscon Steel Company located at Cleveland, Ohio__________ 390 300 ( 11) Steel plants of the Corporation located at Canton, Ohio____________________ 7, 721 5, 107 ( 12) Plants of the Berger Manufacturing Division, located at Canton, Ohio____ 1, 081 800 ( 13) Steel plant of the Corporation located at Massillon, Ohio__________________ 4, 801 2, 789 ( 14) Plant of the Bolt & Nut Division, lo- cated at Cleveland, Ohio____________ 1,806 1,437 The Acting Director of the Field Division further reported that the pay-roll check showed that of the 69 eligible employees at the Corporation 's Culvert Division, located at Canton , Ohio, only 29 had designated the Union as their collective bargaining representative. The master stipulation provides , inter alia, "the employees of the Corporation in such plants . . . in which the Board shall certify that a majority of the eligible employees are members in good stand- ing of the Union or the Amalgamated on August 1, 1941 , shall con- stitute a single appropriate collective bargaining unit. In the event the Union shall at any time or from time to time file a petition to be designated as the exclusive bargaining agency at other steel plants or manufacturing plants of the Corporation or at any of its iron ore mines in Michigan or Minnesota, the procedure therefor shall be REPUBLIC Sf1TEL CORPORATION 657 the same as provided for herein unless otherwise agreed to by the parties, and the employees of the Corporation in such other steel plant or plants or iron ore mines in Michigan or Minnesota . . . in which the Union is designated as the exclusive bargaining agency may be brought within the single appropriate collective bargaining unit." We shall therefore certify the Union as the exclusive bargaining representative of the employees of the Corporation and the Company in a single unit, covering the designated employees in the plants listed above, with the exception of the Corporation's Culvert Division at Canton, Ohio, and covering the employees in the Corporation's Corrigan-McKinney plant at Cleveland, Ohio, whom the Roll Turners now claim to represent. The inclusion -of the employees claimed by the Roll Turners in the above unit shall, however, be subject to such disposition as we shall make pursuant to our in- vestigation of the petition filed by the Roll Turners in Matter of Republic Steel Corporation and United Roll Turners Association of America, Division #11, Independent, Case No. VIII-R-586. Upon the basis of the stipulations, the Pay-roll Check Reports, the exceptions of the Roll Turners, and the entire record in the case, the Board makes the following : FINDINGS OF FACT 1 A question affecting commerce has arisen concerning the rep- resentation of employees of Republic Steel Corporation, Cleveland, Ohio, at its steel plant and continuous strip mill at Cleveland, Ohio; Steel and Tubes Division at Cleveland, Ohio; steel plant at Youngs- town, Ohio; plants at Warren and Niles, Ohio; Culvert Division at Canton, Ohio; Union Drawn Steel Division at Massillon, Ohio; Ideal Foundry Division, at Newton Falls, Ohio; steel plant at Buffalo, New York; steel plants at South Chicago and Grand Crossing, Chi- cago, Illinois; steel plants at Canton, Ohio; Berger, Manufacturing Division at Canton, Ohio; steel plants at Massillon, Ohio; Bolt and Nut Division at Cleveland,' Ohio; and plant at Troy, New York, and of Truscon Steel Company, Cleveland, Ohio, at its Cleveland plant, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act. 2. All production and maintenance employees of the Corporation at its steel plant and continuous strip mill at Cleveland, Ohio ; Steel and Tubes Division at Cleveland, Ohio ; steel plant at Youngstown, Ohio; plants at Warren and Niles, Ohio; Union Drawn Steel Divi- sion at Massillon, Ohio; Ideal Foundry Division, at Newton Falls, Ohio; steel plant at Buffalo, New York; steel plants at South,Chi- cago and Grand Crossing, Chicago, Illinois; steel plants at Canton, 658 DECISIONS OF NATIONAL, LABOR RELATIONS BOARD Ohio; Berger Manufacturing Division at Canton, Ohio; steel plants at Massillon, Ohio; Bolt and Nut Division at Cleveland, Ohio; and plant at Troy, New York, and of the Company at its Cleveland plant, excluding executives, foremen, assistant foremen, supervisors who do not work with tools, draftsmen, timekeepers, first-aid men and nurses, watchmen, and office and salaried employees, and ex- cluding bricklayers at the Corporation's steel plants at Warren, Niles, Canton, and Massillon, Ohio, and at South Chicago and Grand Cross- ing, Chicago, Illinois; locomotive engineers and firemen, stationary engineers, locomotive crane engineers, and switchmen at the Cor- poration's- plant at Buffalo, New York ; brakemen, engineers, con- ductors, and firemen at the Corporation's plant at Troy, New York, constitute a unit appropriate for the purposes of collective bargain- ing within the meaning of Section 9 (b) of the Act. 3. Steel Workers Organizing Committee has been designated and selected by a majority of the employees in the above unit as their representative for the purposes of collective bargaining and is the exclusive repiesentative of all the 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 Steel Workers Organizing Committee, affiliated with the Congress of Industrial Organizations, has been designated and selected by a majority of the production and main- tenance employees of Republic Steel Corporation, Cleveland, Ohio, at its steel plant and continuous strip mill at Cleveland, Ohio; Steel and Tubes Division at Cleveland, Ohio; steel plant at Youngstown, Ohio; plants at Warren and Niles, Ohio; Union Drawn Steel Division at Massillon, Ohio ; Ideal Foundry Division at Newton Falls, Ohio ; steel plant at Buffalo, New York; steel plants at South Chicago and Grand Crossing, Chicago, Illinois; steel plants at Canton, Ohio; Berger Manufacturing Division at Canton, Ohio; steel plants at Massillon, Ohio; Bolt and Nut Division at Cleveland, Ohio; and plant at Troy, New York, and of Truscon Steel Company, Cleveland, Ohio, at, its Cleveland plant, excluding executives, foremen, assistant foremen, supervisors who do not work with tools, draftsmen, time, keepers, first-aid men and nurses, watchmen, office and salaried em- ployees, and excluding bricklayers at the Corporation's steel plants located at Warren, Niles, Canton, and Massillon, Ohio, and at South Chicago and Grand Crossing,'Chicago, Illinois; locomotive engineers and firemen, stationary engineers, locomotive crane engineers, and REPUBLIC STEEL CORPORATION 659 switchmen at the Corporation's plant at Buffalo, New York; and brakemen, engineers, conductors, and firemen at the Corporation's plant at Troy, New York, as their representative for the purposes of collective bargaining, and that pursuant to the provision of Sec- tion 9 (a) of the Act, Steel Workers Organizing Committee, affiliated with the Congress of Industrial Organizations, is the exclusive rep- resentative of all such employees for the purposes of collective bar- gaining in respect to rates of pay, wages, hours of employment, and other conditions of employment. 4Z 1270-42-vol 35--43