The Colorado Fuel & Iron Corp.

National Labor Relations Board - Board Decisions

Aug 17, 1942

43 N.L.R.B. 299 (N.L.R.B. 1942)

In the Matter of THE COLORADO FUEL & IRON CORPORATION and UNITED
STEELWORKERS OF AMERICA ( C. I. 0.) FORMERLY - STEEL, WORKERS
ORGANIZING COMMITTEE
Case No. R-4144.-Decided Aug'ust 17, 191
Investigation and Certification of Representatives : stipulation for certification -
upon consent election.
Mr. Louis J. Disser, for the Board.
Mr. Fred Farrar, of Pueblo, Colo., for the Company.
Mr. Hugh Mathews, of Pueblo, Colo., for the Union.
,Miss Melvern R. Krelow, of counsel to the Board.
DECISION
AND
CERTIFICATION, OF REPRESENTATIVES
STATEMENT OF THE CASE -
Upon petition duly filed by United' Steelworkers of America
(C. I. 0.), formerly Steel Workers Organizing Committee, herein
called the Union, alleging that a question affecting commerce had
arisen concerning the representation of employees of The Colorado
Fuel & Iron Corporation, herein called the Company, -engaged at
Pueblo, Colorado, in the manufacture of iron and steel products, the
National Labor Relations Board provided for an appropriate hearing
upon due notice. On July 17, 1942, before a hearing was held, the
Company, the Union, and the Regional Director for the Twenty-sec-
and Region (Denver, Colorado) entered into a "STIPULATION FOR,
CERTIFICATION UPON CONSENT ELECTION." I
Pursuant to the stipulation, an election. by secret ballot was con-,
ducted on July 28 and July 31, 1942, under the direction and super-
vision of the Regional Director, among all production', maintenance,
and construction employees of the Company at its,Minnequa plant,
including first helpers, stove men, riggers, maintenance inspectors,
warehouse employees in the plant, millwrights, weighmen, assistant
rollers, gang leaders, and straw bosses, but excluding, officers, execu-
tives, superintendents, assistant superintendents, --general foremen,
foremen, assistant foremen, foremen inspectors, subforemen who'
43 N L R. B, No. 43.
299
300 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
work more than 50 per cent of their regular working time as fore-
men or assistant foremen, boss loaders, melters, blowers, rollers (ex-
cept the Blooming Mill rollers who are included), timekeepers, office
and clerical employees, mill office clerks, watchmen (including in
this class of exclusion the watchmen who-work part of the time as
timekeepers), technical and professional engineers, draftsmen, chem-
ists, all other professional employees, laboratory employees, metal-
lurgists, employees of the metallurgical and inspection department,
mercantile' store employees, . hospital and dispensary employees;
Y. M. C. A. employees, employees of the Colorado & Wyoming Rail-
-way, ditch and reservoir employees, and plant transportation facility
employees in the blast furnace, open hearth, and merchant mill
departments, to determine whether or not they desired to be repre-
sented by. United Steelworkers of America (C. I. 0.), formerly Steel
Workers Organizing Committee, for the' purposes of collective bar-
`gaining. On August 3, 1942, the Regional Director issued and duly
.served upon the parties an Election Report on the ballot. No objec-
tions to the conduct of the ballot or the Election Report have been
filed by any of the parties.
As to the balloting and its results, the Regional Director reported
as follows :
Total on eligibility list------------------------------------- 6, 219
Total ballots cast -------- _ __________________________'------ 4,726
Total ballots- challenged----------------------------------- 6
Total blank ballots---------------------------------------- - 3
Total void ballots---------------------------- ____________ 8
Total valid votes counted---------------------------------- 4,769
Votes cast for United Steelworkers of America (C I 0)---- 2. 723
Votes cast against United Steelworkers of America (C I 0 986
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. A question affecting commerce has arisen concerning the repre-
sentation of-employees of The Colorado Fuel & Iron Corporation,
Pueblo, Colorado, within the meaning of Section 9 (c) and Section
2 (6) -and (7) of the National Labor Relations Act>
2. All production, maintenance, and construction employees of the
Company at its Minnequa plant, including first helpers, stove men,
riggers, maintenance -inspectors, warehouse employees in the plant,
mill wrights, weighmen, assistant rollers, gang leaders, and straw
bosses, but excluding officers, executives, superintendents, assistant
superintendents, general foremen, foremen, assistant foremen, fore-
men inspectors, subforemen who work more than 50 per cent of their
THE COLORADO FUEL & IRON, CORPORATION 301,
regular working time as foremen or assistant foremen, boss loaders,
melters, blowers, rollers (except the Blooming Mill rollers who are in-
eluded), timekeepers, office and clerical employees,' mill office clerks,
watchmen (including in this class of exclusion the watchmen who
work part of the time as timekeepers), technical and professional
engineers, draftsmen, chemists, all other professional employees,
laboratory employees, metallurgists, employees of the metallurgical,
and inspection department, mercantile store employees, hospital and
dispensary employees, Y. M. C. A. employees, employees of the Col-
orado & Wyoming Railway, ditch and reservoir employees, and plant
transportation facility employees in the blast furnace, open hearth,
and merchant mill departments, constitute a unit appropriate for the
purposes of collective bargaining, within the meaning of Section 9
(b) of the Act.
3. United Steelworkers, of America (C. I. 0.), formerly 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 repre-
sentative 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
Relations Act,
IT IS HEREBY CERTIFIED that United Steel«orkers of America (C. I.
0.), formerly Steel Workers Organizing Committee, has been desig-
nated and selected by a majority of all production, maintenance, and
construction employees of The Colorado Fuel & Iron Corporation,
Pueblo, Colorado, at its Minnequa plant, including first helpers, stove
men, riggers, maintenance inspectors, warehouse employees in the
plant, millwrights, weighmen, assistant rollers, gang leaders, and
straw bosses, but excluding officers, executives, superintendents, assist-
ant superintendents, general foremen, foremen, assistant foremen,
foremen inspectors, subforemen who work more than 50 per cent of
their regular working time as foremen or assistant foremen, boss
loaders, melters, blowers, rollers (except the Blooming Mill rollers
who are included), timekeepers, office and clerical employees, mill
office clerks, watchmen (including in this class of exclusion the watch-
men who work-part of the time as timekeepers), technical and pro-
fessional engineers, draftsmen, chemists, all other professional em-
ployees, laboratory employees, metallurgists, employees of the metal-
lurgical and inspection department, mercantile store employees, hos-
i
3O2 ' DECISIONS OF NATIONAL LABOR RELATIONS BOARD
pital and dispensary employees, Y. M. C. A . employees, employees of
the, Colorado & Wyoming Railway, ditch and reservoir employees,
and plant transportation facility employees in the blast furnace, open"
hearth, and merchant mill departments , as their representative for
the purposes of collective bargaining, and that, pursuant to Section
9 (a) of the Act , United Steelworkers of America f C. I. 0.), formerly
Steel Workers Organizing Committee , is the exclusive representative
of all such - employees for the purposes of collective bargaining in
respect to rates of pay, wages , hours of employment, and other
conditions of employment.