Republic Steel Corp.

National Labor Relations Board - Board Decisions

May 27, 1942

41 N.L.R.B. 406 (N.L.R.B. 1942)

In the Matter Of REPUBLIC STEEL CORPORATION and BROTHERHOOD
OF LOCOMOTIVE FIREMEN AND ENGINEMEN AND SWITCHMEN 'S UNION
OF NORTI-I AMERICA (A. F. OF L.)-
Ca.se,No. R-3400
SUPPLEMENTAL DECISION
DIRECTION
AND
CERTIFICATION OF REPRESENTATIVES
May 27,1942
On March 11, 1942, the National Labor Relations Board, issued
& Decision and Direction of Elections in the above -entitled pro-
ceeding. ' Pursuant to the Direction of Elections , elections by secret
ballot were conducted on April 1, 1942 , under the direction and
supervision of the Regional Director for the Third Region ( Buffalo,
New York) among:
(a) All engineers , firemen, hostelers and hostelers ' helpers, to
determine whether they desired to be represented by Brother-
hood of Locomotive Firemen and Enginemen, or by Steel Work=
ers Organizing Committee ( C. I. 0.), for the purposes of col-
lective bargaining , or by neither ; and
(b) All conductors , switchmen and switchmen's helpers, to de-
termine whether they desired to be represented by Switchmen's
Union of North America (A. F. of L.), or by Steel Workers
Organizing Committee ( C. I. 0.), for the purposes of collective
bargaining , or by neither._
On April 22, 1942, the Regional Director, acting pursuant to Article
III, Section 9, of National Labor Relations Board Rules and Regu-
lations-Series 2, as amended , issued and duly served upon the parties
an Election Report.
As to the balloting and its results in Group ( a) above, the Regional
Director reported as follows :
Total on eligibility list___________________________________ 51
Total ballots cast____________ 49
1 39 N L R B 687.
41 N. L. R. B, No 87.
406
REPUBLIC STEEL CORPORATION 407
Total ballots challenged---------------------------------- 10
Total blank ballots---------------------------- -------- ------------- None
Total void ballots---------------------------------------.- None
Total valid votes counted_________________________________ 39
Votes cast for Steel Workers Organizing Committee--------- 14
Votes cast for Brotherhood of Locomotive Firemen and
Enginemen------ --------------------------------------- 25
Votes cast for neither------- ------------------------- None
As to the balloting and its results in Group (b), above, the Re-
gional Director reported as follows :
Total on eligibility list______________________________ ------ 81
Total ballots cast---------------------------------------- 71
Total ballots challenged---------------------------------- 16
Total blank ballots--------------------------------------- None
Total void ballots---------------------------------------- None
Total valid votes counted--------------------------------- 55
Votes cast for Steel Workers Organizing Committee --------- 24
Votes cast for -Switchmen's Union of North America (A.
F. of L )----------------------------------------------- 30
Votes cast for neither------------------------------------ 1
In his Election Report, the Regional Director recommended that
the challenges as to 14 of the 16 challenged ballots in Group (b) be
sustained. The 14 challenges covered train-service employees who
are employees on the open hearth narrow gauge railroad. The
Regional Director recommended further that if the challenges to
the 14 train-service employees are overruled, that certain disposition
be made concerning the remaining 2 challenges.
Thereafter, Steel Workers Organizing Committee (C. I. 0.), here-
inafter called S. W. O. C., filed objections to the Regional Director's
recommendation that the challenges to the ballots' of the 14 train-
service employees be sustained. We have considered the S. W. O. C.'s
objections and the Regional Director's report thereon. The Switch-
men requested a unit of train-service employees. on two intra-plant
iailroad systems at the Buffalo plant of the Company. The 14
employees here challenged worked 'on one of these - -two . systems,
namely, the open hearth narrow gauge railroad. We hereby- over-
rule the recommendations of the Regional Director inasmuch as the
train-service employees on the open hearth narrow gauge railroad
are clearly within the scope of the election unit set out in Group (b)
above. Accordingly, we shall direct that-these 14 ballots be counted.
At this time we will make no finding in respect to the remaining
2 challenges, and shall consider, these 2 ballots only if subsequent
to the opening and counting of the 14 challenged ballots it becomes
necessary to do, so to determine the results of the election.
408 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Upon the entire record in the case, the Board makes the following :
SUPPLEMENTAL FINDINGS OF FACT
In its Decision and Direction of Elections, the Board made no
final determination as to the appropriate unit for the engine em-
ployees of Republic Steel Corporation. In view of the results of the
election and in accordance with our Decision and Direction of Elec-
tions we find that al lengineers, firemen, hostelers and hostelers'
helpers employed by the Company constitute a unit appropriate for
the purposes of collective bargaining, within. the meaning of Sec-
tion 9 (b) of the Act.
DIRECTION
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, and pursuant to Article III, Sections 8 and 9, of Na-
tional Labor Relations Board Rules and Regulations-Series 2, as
amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Republic Steel
Corporation, Buffalo, New York, the Regional Director for the
Third Region (Buffalo, New York) shall, pursuant to the Rules
and Regulations of the Board set forth above, and subject to Ar-
ticle III, Section 9, of said Rules and Regulations, within ten (10)
days from date of this Direction, open and count the 14 challenged
ballots of the narrow gauge train-service employees and shall there-
after prepare and cause to be served upon the parties in this case
a Supplemental Election Report embodying his findings therein and
his recommendations as to the result of the secret ballot.
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, and pursuant to Article III, Sections 8 and 9, of National
Labor Relations Board Rules and Regulations-Series 2, as amended,
IT IS HEREBY CERTIFIED that Brotherhood of Locomotive Firemen
and Enginemen, has been selected by a majority of all engineers, fire-
men, hostelers and hostelers' helpers of Republic Steel Corporation at
its Buffalo, New York, plant, as their representative for the purposes
of collective bargaining, and that pursuant to the, provisions of Sec-
tion 9 (a) of the National Labor Relations 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.
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