Republic Steel Corp.

National Labor Relations Board - Board Decisions

Sep 23, 1942

44 N.L.R.B. 378 (N.L.R.B. 1942)

III the Matter Of REPUBLIC STEEL CORPORATION and UNITED STEEL-
WORKERS OF AMERICA
In the Matter of TRUscoN STEEL COMPANY, A MICHIG \N CORPORATION
and UNITED STEELWORKERS OF AMERICA
III the Matter of REPUBLIC STEEL CORPORATION and BROTHERHOOD OF
LOCOMOTIVE FIREMEN AND ENCINEMEN 4ND SWITCHMEN'S UNION OF
NORTH AMERICA (A. F. OF L.)
In-the Matter of REPUBLIC STEEL CODfPANY and INTERNATIONAL UNION
OF OPERATING ENGINEERS , A. F. OF L.
Cases Nos. R-2716, R-2909, R0, and fl-30',/12, respectively
SUPPLEMENTAL DECISION
AND
CERTIFICATIONS OF, REPRESENTATIVES
September 23,,19_112
On March 11, 1942, the National Labor Relations Board issued a
Decision and Direction of Elections in Hatter of Republic Steep Cor-
poration and Brotherhood of Locomotive Firemen and Enginemen
and Switchmen's Union of North America (A. F. or L.), Case No.
R-3420.1
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 the following employees at the Buffalo plant :
(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 collec-
tivebargaining, 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 Regula•
1 39 N. L. R. B. 687.
44 N. L. R. B, No. 72
378
-REPUBLIC STEEL• CORPORATION 379
t'ions-Series 2, as amended , issued and duly served upon the parties
an Election Report, setting forth conclusive determination of the col-
lective bargaining representative as to Group ( a), above, but report-
ing that as to Group (b), there were 16 challenged ballots which might
materially affect the results of the election . On May. 27, 1942, the
Board issued a Supplemental Decision , Direction and Certification
of Representatives for Group ( a) and a Direction that 14 of the 16
challenged ballots in Group (b ) be opened and counted.2
On June 4, 1942 , the Regional Director having opened and counted
the 14 challenged ballots , issued his Supplemental Election Report,
copies of which, were duly served upon the parties . No objections
to the Supplemental Election Report were filed by any of the parties.
As to the balloting and its results in Group (b) the Regional
Director reported as follows:
Total on eligibili!y list------------------------------------ 81
Total ballots cast_________________________________________ 71
Total ballots challenged----------------------------------- 16
Total challenged ballots ruled eligible----------------------- 14
Total blank ballots---------------------------------------- 0
Total void ballots----------------------------------------- 0
Total valid votes counted---------------------------------- 69
Votes cast for Steel Workers Organizing Committee---------- 38
Votes cast for Switchmen's Union of North America (A. F. -
of L.)------------------------------------- -------------- 30
Votes cast for neither------------------------------------- 1
On June 5, 1942, the Board issued a Decision and Direction of Elec-
tions 3 and on June 25, 1942, an Amendment to Direction of Elections,4
in Matter o/ Republic Steel Company and International Union of
Operating Engineers; A. F. of L., Case No. R-3642. Pursuant to the
Direction of Elections, as amended, elections by secret ballot were con-
ducted on June 29, 1942, under the direction and supervision of the
Regional Director for the Third Region (Buffalo, New York) among
the following employees at the Buffalo, plant:
(a) All employees who spend a major portion of their time
working in one or more of the categories of employment desig-
nated as locomotive crane operators, operator helpers, or crane
conductors, to determine whether they desire to be represented by
International Union of Operating Engineers, Local 17-B, or by
United Steelworkers of America, C. I. 0., for the purposes of col-
lective bargaining, or by neither; and
(b) All stationary engineers to determine whether or not they
desire to be represented by International Union of Operating
Engineers, Local 907, for the purposes of collective bargaining.
2 41 N. L . R B. 406
3 41 N. L R. B. 733
4 41 N. L. R. B. 739
380 DECISIONS OF NATIONAL, LABOR- RELATIONS BOARD
On June 30, 1942, the Regional Director, acting pursuant to Article
III, Section 9; of National Labor-Relations Board Rules and Regula-
tions-Series 2, as amended, issued,and duly served upon the parties
an Election Report. -No-objections to the Election Report were filed •
by any of the parties.
As to the balloting and its results in Group (a), above, the Regional
Director reported as follows :
Total on eligibility list------------------------------------ 25
Total ballots cast----------------------------------------- 22
Total ballots,challenged ----------------------------------- 0
Total blank ballots--------------------------------------- 0
Total void ballots----------------------------------------- 0
Total valid votes counted---------------------------------- 22
Votes cast for United Steelworkers of America, C I. 0------- 16
Votes cast for International Union of Operating Engineers,
Local 17-B--------------------------------------------- 6
Votes cast for Neither------------------------------------ 0
As to the balloting and the results of. the election in Group (b),
Regional Director reported as follows :
Total on eligibility list----------------------------------- 8
Total ballots cast ---------------------------------------- 6
Total ballots challenged----------------------------------- 0
Total blank ballots--------------------------------------- 0
Total void ballots--- -------------------------------------- 0
Total valid votes counted---------------------------------- 6
Votes cast for International Union of Operating Enguieers,
Local 907--------------------------------------------- 4
Votes cast against International Union of Operating Engi-
neers, Local 937---------------------------------------- 2
On July 8 and August 11, 1942, United Steelworkers of America,
herein called U. S. A., filed motions requesting that the Board amend
the caption and the relevant portions of the records in Case No. R-3420
and in Matter of Republic Steel Corporation and Steel Workers Or-
ganizing Committee, and in Matter of T? uscon Steel Company, a
Michigan Corporation, and Steel Workers Organizing Committee,
Cases Nos. 8-2716 and R-2909, by substituting the name "United
Steelworkers of America" for "Steel Workers Organizing Committee"
wherever the latter name appears in the above-named proceedings.
Rules to show cause having been issued on the parties in the above-
mentioned proceedings as to why the motions should not be granted
and response thereto not having been received, the Board hereby
amends the above-named proceedings by striking therefrom the words
"Steel Workers Organizing Committee" wherever they appear and
substituting therefor the words "United Steelworkers of America."
Upon the entire record in the case, the Board makes the following
supplemental findings of fact which, to the extent that they are in-
REPUBLIC STEEL CORPORATION 381
consistent therewith, supersede the findings of fact heretofore made in
these -cases :
SI PPLEDIENTAL FINDINGS OF FACT
In its Decision and Direction of Election in Case No. R-3420, the
Board made no final determination as to the appropriate unit for the
train-service employees employed by the Company at its plant in
Buffalo, New York, stating in part: '
If the S. W. O. C. should win either election, or both, we shall
amend-our previous Decision and' Certification of Representatives
by including the engine employees or train-service employees, or
both, as the case may be, in the multi-plant unit and-certify the
S. W. O. C. as the exclusive representative of the appropriate unit
as thus ' amended.
In its Decision and Direction of Election in Case No. R-3642, the
Board made no final determination as to the appropriate unit for the
employees involved at the Company's plant in Buffalo, New York,
stating in part:
We shall certify the union, if any, designated by a majority of
the employees within each election group as the exclusive repre-
sentative thereof. If the S. W. O. C. wins the election, either or
both groups, we shall entertain an application to amend our pre-
vious Decision and Certification of Representatives by including
the employees in such group or groups in the multi-plant unit for
which the S. W. O. C. has previously been certified.
On July 29, 1942, U. S. A. requested the Board to include the em-
ployees who selected it as their representative in Case No. R-3642,
within the multi-plant unit found appropriate in Cases Nos. R-2716
and R-2909. Ri'nles to show ca use why we should not amend our prior
certification by including employees who selected United Steelworkers
of America in Cases Nos. R-3420''and R-3647 having issued and no
response'received'thereto, we hereby amend our previous Decision and
Certification of Representatives' in Cases Nos. R-2716 and R-2909
by including-conductors, switclunen-and switchmen's helpers and em-
ployees "who spend a major portion of their time working in one or
more of the categories of employment designated as locomotive crane
operators, operator helpers,'or crane conductors," but excluding sta-
tionary engineers. employed by the Company at its Buffalo, New York.
plant, within time unit there found appropriate for the purposes of
35N L.R B-65,
382 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
collective bargaining, within the meaning of Section 9 (b) of the Act_
We find that all stationary engineers. employed by the Company at
its Buffalo, New York, plant constitute a unit appropriate for the pur-
poses of collective bargaining, within the meaning of Section 9 (b)
of the Act.
CERTIFICATIONS 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,
and pursuant to Article III, Sections 8 and 9, of National Labor Re-
lations Board Rules and Regulations-Series 2, as amended,
IT IS HEREBY CERTIFIED that United Steelworkers of America, affiliated
with the Congress of Industrial Organizations, has been designated
and selected by a majority of the production and maintenance em-
ployees of the 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, including conductors, switchmen and switchmen's
helpers, locomotive crane operators, operator helpers, or crane con-
ductors, employed therein; steel plants at South Chicago and Grand
Crossing, Chicago, Illinois; steel plants at Canton, Ohio; Berger Man-
ufacturing'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, timekeepers, first-aid men and
nurses, watchmen, office and salaried employees, and excluding brick-
layers at the Corporation's steel plants located at Warren, Niles, Can-
ton, and Massillon, Ohio, and at, South Chicago and "Grand Crossing,
Chicago, Illinois; locomotive engineers and firemen, and stationary
enginoers;'at the Corporation's plant at'Buffalo, New York;"and brake-
men, 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 Section 9 (a) of the
Act, United Steelworkers of America,, affiliated with the Congress of
Industrial Organizations, 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.
IT iS,'HEREBY FURTHER CERTIFIED that International Union,of Operat-
ing Engineers, Local 907, affiliated with the American Federation of
REPUBLIC STEEL CORPORATION 383
Labor, has been designated and selected by a majority of the stationary
engineers of Republic Steel Company at its Buffalo, New York, plant,
as their representative for the purposes of collective bargaining, and
that, pursuant to the provisions of Section 9 (a) of the National Labor
Relations Act, International Union of Operating Engineers, Local 907,
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.