Truscon Steel Co.

National Labor Relations Board - Board Decisions

Aug 18, 1941

34 N.L.R.B. 432 (N.L.R.B. 1941)

In the Matter of TRUSCON STEEL COMPANY and LOCAL' 487, INTER-
NATIONAL ASSOCIATION OF BRIDGE, STRUCTURAL AND ORNAMENTAL
-IRON WORKERS (AFL)
In the Matter of TRUSCON STEEL COMPANY and NEW DEAL LODGE 404,
INTERNATIONAL ASSOCIATION OF MACHINISTS (AFL)
Cases Nos. R-2561 and R-2565
SUPPLEMENTAL DECISION
DIRECTION OF RUN-OFF ELECTION
AND
CERTIFICATION OF REPRESENTATIVES
August 18, 1941
On June 30, 1941, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Elections in the
above-entitled proceeding.' Pursuant to the Direction of Elections,
elections by secret ballot were conducted on July 22, 1941, under
the direction and supervision of the Regional Director for the Eighth
Region (Cleveland, Ohio). On July 28, 1941, the Regional Director,
acting pursuant to Article III, Section 9, of the National Labor Rela-
tions Board Rules and Regulations-Series 2, as amended, issued and
duly served upon the parties his Election Reports on the balloting.
No objection to the conduct of the ballots or the Election Reports
have been filed by any of the parties.
As to the balloting and its results, the Regional Director reported
as follows :
Production Employees
Total on eligibility list- ---------------------------------- 1, 487
Total ballots cast----------------------------------------- 1,400
Total ballots challenged ----------------------------------- 16
Total blank ballots--------------------------------------- 1
Total void ballots---------------------------------------- 6
Total valid votes cast -------------------------------------- 1,377
Votes cast for Steel Workers Organizing Committee
(C. I. O.)---------------------------------------------- 640
Votes cast for Local 487, International Association of Bridge,
Structural and Ornamental Iron Workers (AFL) -------- 678
Votes cast for neither------------------------------------- 59
133N L.R B.61.
34 N. L. R B., No. 64.
432
TRTJSOON STEEL COMPANY 433
Machine-shop Employees
Total on eligibility list------------------------------------ 95
Total ballots cast----------------------------------------- 94
Total ballots challenged ----------------------------------- 0
Total blank ballots- -------------------------------------- 0
Total void ballots---------------------------------------- 0
Total valid votes cast------------------------------------- 94
Votes cast for Steel Workers Organizing Committee
(C. I. O.)---------------------------------------------- *19
Votes cast for New Deal Lodge 404, International Association
of Machinists (A. F. L.) -------------------------------- 75
Votes cast for neither------------------------------------- 0
Since the number of challenged ballots cannot affect the result of
the elections, we find it unnecessary to pass upon the challenges.
On July 31, 1941, International Association of Bridge, Structural
and Ornamental Iron Workers, affiliated with the American Federa-
tion of Labor, filed a request for a run-off election to be held by the
Board. Although neither of the competing labor organizations in
the election among the production employees of Truscon Steel Com-
pany, Youngstown, Ohio, received a majority of the votes cast, the
results of the election show that a majority of the employees in ques-
tion desire to bargain collectively with the Company. Accordingly
we shall direct a run-off election in which such employees will be
given an opportunity to decide whether they desire to be represented_
by Local 487, International Association of Bridge, Structural and
Ornamental Iron Workers, affiliated with the American Federation
of Labor, or by Steel Workers Organizing Committee, affiliated with
the Congress of Industrial Organizations, for the purposes of collec-
tive bargaining.
In the Decision and Direction of Elections previously referred to
the Board made no final determination as to the appropriate unit.
The Board there stated :
If the employees voting in the two elections select the same
representative, they will constitute a single appropriate unit.
If they choose different representatives, they will constitute two
separate and distinct appropriate units.
Upon the basis of the entire record in the case, the Board makes
the following :
SUPPLEMENTAL FINDINGS OF FACT
We find that all production employees of Truscon Steel Company,
Youngstown, Ohio, including carpenters and electricians not working
under the supervision of the master mechanics, but excluding ma-
434 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
chinists, machinist helpers, inspectors, millwrights, and related em-
ployees in the mechanical department, constitute a unit appropriate
for the purposes of collective bargaining.
We find that all machine-shop employees of Truscon Steel Com-
pany, Youngstown, Ohio, including machinists, machinist helpers,
machinist apprentices, millwrights, pipe fitters, heat treaters, black-
smiths, blacksmith helpers, grinders in the machine shop, drill-press
operators who work under the master mechanics, diemakers, die re-
pairmen, toolroom employees, and boilerhouse employees, but exclud-
ing employees in the above-mentioned unit, constitute a separate
unit appropriate for the purposes of collective bargaining. We
further find that said units will insure to employees of the Company
the full benefit of their right to self-organization and to collective
bargaining and otherwise effectuate the policies of the Act.
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following:
SUPPLEMENTAL CONCLUSIONS OF LAW
1. All production employees of Truscon Steel Company, Youngs-
town, Ohio, including carpenters and electricians not working under
the supervision of the master mechanics, but excluding machinists,
machinist helpers, inspectors, millwrights, and related employees in
the mechanical department, constitute a unit appropriate for the
purposes of collective bargaining, within the meaning of Section 9
(b) of the Act.
2. All machine-shop employees of Truscon Steel Company, Youngs-
town, Ohio, including machinists, machinist helpers, machinist ap-
prentices, millwrights,, pipe fitters, heat treaters, blacksmiths, black-
smith helpers, grinders in the machine shop, drill-press. operators
who work under the master mechanics, diemakers, die repairmen,
toolroom employees, and boilerhouse employees, but excluding em-
ployees in the unit mentioned above in paragraph 1, constitute a
separate unit appropriate for the purposes of collective bargaining,
within the meaning of Section 9 (b) of the Act.
DIRECTION OF RUN-OFF ELECTION
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, 49 Stat. 449, and pursuant to Article III, Sections 8 and
9, of National Labor Relations Board Rules and Regulations-Series
21• as amended,
IT IS HEREBY DIRECTED that, as part of the investigation authorized
by the Board to determine representatives for the purposes of col-
lective bargaining with Truscon Steel Company, Youngstown, Ohio,
TRUSCON STEE'L COMPANY 435
an election by secret ballot shall be conducted as early as possible,
but not later than thirty (30) days from the date of this Direction
of Run-Off Election, under the direction and supervision of the
Regional Director for the Eighth Region, acting in this matter as
ageht for the National Labor Relations Board and subject to Article
III, Section 9, of said Rules and Regulations, among the production
employees of Truscon Steel Company, Youngstown, Ohio, described
in the Direction of Election issued June 30, 1941, but excluding those
who have since quit or been discharged for cause, to determine
whether they desire to be represented by Local 487, International
Association of Bridge, Structural and Ornamental Iron Workers,
affiliated with the American Federation of Labor, or by Steel Workers
Organizing Committee, affiliated with the Congress of Industrial
Organizations, for the purposes of collective bargaining.
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, 49 Stat. 449, 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 New Deal Lodge 404, International
Association of Machinists, affiliated with the American Federation
of Labor, has been designated and selected by a majority of all ma-
chine-shop employees of Truscon Steel Company, Youngstown, Ohio,
including machinists, machinist helpers, machinist apprentices, mill-
wrights, pipe fitters, heat treaters, blacksmiths, blacksmith helpers,
grinders in the machine shop, drill-press operators who work under
the master mechanics, welders in the machine shop, carpenters and
electricians who work under the master mechanics, diemakers, die re-
pairmen, toolroom employees, and boilerhouse employees, but, exclud-
ing production employees and carpenters and electricians not working
under the supervision of the master mechanics, as their representative
for the purposes of collective bargaining, and that pursuant to the pro-
visions of Section 9 (a) of the National Labor Relations Act, New
Deal Lodge 404, International Association of Machinists, affiliated
with the American Eederation of Labor, is the exclusive representa-
tive 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.
MR. EDWIN S. SMITH took no part in the consideration of the above
Supplemental Decision, Direction of Run-Off Election and Certifi-
cation of Representatives.