Truscon Steel Co.

National Labor Relations Board - Board Decisions

Nov 15, 1941

36 N.L.R.B. 983 (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-9561 and R-2565
SECOND SUPPLEMENTAL DECISION
AND
DIRECTION
November 15, 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 Elec-
tions, 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) among certain production em-
ployees and among certain machine-shop employees. On August
18, 1941, the Board issued a Supplemental Decision, Direction of
Run-off Election, and Certification of Representatives in the above-
entitled proceeding.2 Pursuant to the Direction of Run-off Election,
an election by secret ,ballot was conducted on September 10, 1941,
among all production employees, including carpenters and elec-
tricians not working under the supervision of the master mechanics,
but excluding machinists, machinist helpers, inspectors, millwrights,
and related employees in the mechanical department. On September
17, 1941, the Regional Director, acting pursuant to Article III, Sec-
tion 9, of. National Labor Relations Board Rules and Regulations-
Series 2, as amended, issued and duly served upon the parties his
Election Report.
1 33 N. L. R. B., No. 14.
2 34 N. L. R. B., No. 64.
36 N. L. R. B., No. 203.
983
984 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
As to the balloting and its results, the Regional Director reported
as follows :
Total on eligibility list------------------------------------ 1,438
Total ballots cast----- ------------------------------------ 1,337
Total ballots challenged -------------------------------- -_ 18
Total blank ballots----------------------------------------- 3
Total void ballots------ ---------------------------------- 11
Total valid votes cast------------------------------------- 1,313
Votes cast for Steel Workers Organizing Committee
(C. I. 0.) ---------------------------------------- ------ 654
Votes cast for Local 487, International Association of Bridge,
Structural and Ornamental Iron Workers (A. F. of L.)__-- '659
In his Election Report, the Regional Director stated that of the
25 absentee ballots sent on September 2, 1941, to employees in the
military service, 5 were returned within the time specified, namely,
noon, September 9, 1941, and are considered in the foregoing tabula-
tion. In his Election Report, the Regional Director recommended
that the absentee ballots of three employees in military service, re-
ceived by the Regional Director on September 10 and 11, 1941, be
opened and counted and that the challenges to the ballots of Newell
Shields, Melvin Davis, James Earl Thornton, William H. Thomas,
W. J. O'Connor, Honor D. Kelly, Armanda Mastropietro, Paul
Wallich, Nick Fleishman, Andy Sandusky, Jared Davies, and Ralph
S. Boals be overruled and the ballots opened and counted. He also
recommended that the challenges to the ballots of Walter Arens,
Robert Davis, S. Bachtell, Howard Price, James Durkin, and George
Schuller be sustained and the ballots be not opened. The Regional
Director made no recommendation as to the validity of the two ques-
tioned ballots.
On September 22, 1941, Local 487, International Association of
Bridge, Structural and Ornamental Iron Workers, affiliated with the
American Federation of Labor, herein called Local 48^, filed with.
the Regional Director objections to the counting of the two ques-
tioned ballots. On September 23, 1941, Steel Workers Organizing
Committee, affiliated with the Congress of Industrial Organizations,
herein called the S. W. O. C., filed with the Regional Director objec-
tions to the portions of the Election Report which recommended that
the challenges to the ballots of Honor D. Kelly and Ralph S. Boals
be overruled and the ballots counted and that the challenge to the
ballot of George Schuller be sustained. The S. W. O. C. also re-
quested that the two questioned ballots be counted and that a further
opportunity to vote be given all employees of the Company now in
the military service of the United States who did not return ballots.
On October 11, 1941, the Regional Director, acting pursuant to
1 Plus 2 questioned ballots subject to questioned ballots and challenges.
TRUSCON STEEL COMPANY 985
Article III, Section 9, of the aforesaid Rules and Regulations, issued
a Report on Objections, copies of which were duly served upon all
the parties. In his Report on Objections, the.' Regional Director
reversed his recommendation made in his Election Report, sustaining
the challenge to the ballot of George Schuller, and recommended
that said ballot be opened and counted. The Regional Director
again reeommended that the challenges to the ballots of Honor D.
Kelly and Ralph S. Boals be overruled and the ballots opened and
counted.
The issues raised by the objections of the S. W. O. C. and Local
487 involve the challenged ballots of Honor D. Kelly, Ralph S. Boals,
and George Schuller, the ballots of employees in military service,
and the two ballots whose validity was questioned.
The ballot of Honor D. Kelly was challenged by the S. W. O. C.
on the ground that he had left the Company's employ more than 3
weeks before the run-off election and had not since worked for the
Company. The Regional Director's investigation discloses (1) that
Kelly, a business representative of Local 487, has worked for a
number of years for the Company and took a temporary leave of
absence in order to devote his full time to the run-off election cam-
paign, (2) that Kelly has expressed his intention to return to work
as soon as the representation question has' been determined, (3) that
Kelly has paid his fees for group health insurance, hospitalization,
and garage rent at the Company's plant through the month of Sep-
tember by cash remittance, indicating that he expected to return to
the employment of the Company, (4) that the Company expects
Kelly to return to its employ, and (5) that the employee now work-
ing in Kelly's position assumed it with the understanding that the
job would be temporary. We agree with the Regional Director's
conclusion that Kelly cannot be considered to have terminated his
employment with the Company. We shall direct that his ballot be
opened and counted.
The ballot of Ralph S. Boals was challenged by the Board's agents
on the grounds that when Boals appeared to vote, his name had
already been checked on the list as having voted. None of the ob-
servers questioned Boals' eligibility to vote and all acknowledged
that he had not previously voted. The Regional Director in his
Election Report recommended that Boals' ballot should be counted
as valid. We hereby sustain the Regional Director's recommenda-
tion and we shall accordingly direct that the ballot of Ralph S.
Boals be opened and counted.
The ballot of George Schuller was challenged by Local 487 on
the grounds that he was a guard maker and therefore eligible to vote
only in the machine-shop unit in accordance with the stipulation
of the parties. The Regional Director's investigation discloses that
986 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
although Schuller is listed on the Company's pay roll as "guard-
maker and misc.," Schuller is actually employed as a handy man
and maintenance employee in a production department. Although
Schuller had previously been working as a guard maker under the
master mechanic, Schuller was transferred to Department E in 1939,
where he works under the direction of the department superintendent
and foreman. Incidental to his duties of keeping the machinery
and equipment in repair, Schuller is sometimes employed in making
guards for the protection of workers from the exposed parts of ma-
chinery. He voted in the original election without challenge. In
view of these facts, we shall direct that his ballot be opened and
counted.
Absentee ballots were mailed to 25 employees of the Company in
the military service of the United States on September 2, 1941, with
instructions to return the ballots by noon, September 9, 1941. Five
ballots were returned within the prescribed time, but three were
received by the Regional Director on September 10 and 11, 1941.
The Regional Director's investigation discloses that the time allowed
for the return of these three ballots was insufficient because the men
were on field maneuvers, thereby delaying the receipt of the ballots.
In view of these circumstances and the fact that the ballots were
returned as promptly as possible, we shall direct that the three
ballots received by the Regional Director on September 10 and 11,
1941, be opened and counted. Since the ballots of the remaining 17
employees in military service were not returned on or after Sep-
tember 9, 1941, or up to the date of the Regional Director's Report
on Objections, issued on October 11, 1941, more than a month after
the date on which they were due, and since the results of the election
have been announced, we are of the opinion and find that a further
opportunity to vote should not be granted the 17 employees in
military service who did not return ballots.
Two questioned ballot's were considered valid by the S. W. O. C.
observers, and invalid by the observers of Local 487.. One had a
clear cross in the S. W. O. C. square but also had a large question
mark made by a different colored pencil in the body of the ballot.
The other ballot had X's on each side of the S. W. O. C. square and
a large X.passed from corner to corner of the larger box in which
the square is included. We are of the opinion that the additional
marks on the ballots violate the secrecy of the ballots. We find that
the ballots are invalid and shall direct that they be not counted.
No objections were made by any of the parties to the Regional
Director's recommendations that the challenges to the ballots of
Newell Shields, Melvin Davis, James Earl Thornton, William H.
Thomas, W. J. O'Connor, Armanda Mastropietro, Paul Wallich,
TRUSCON STEEL COMPANY 987
Nick Fleishman, Andy Sandusky, and Jared Davies, be overruled
and the ballots opened and counted and that the challenges to the
ballots of Walter Arens, Robert Davis, S. Bachtell, Howard Price,
and James Durkin, be sustained and the ballots not counted. In
view of the facts set forth in the Regional Director's Election Report
and Report on Objections, we shall direct that the ballots of Newell
Shields, Melvin Davis, James Earl Thornton, William H. Thomas,
W. J. O'Connor, Armanda Mastropietro, Paul Wallich, Nick Fleish-
man, Andy Sandusky, and Jared Davies be opened and counted and
that the ballots of Walter Arens, Robert Davis, S. Bachtell, Howard
Price, and James Durkin be not counted.
DIRECTION
By virtue of and pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) of the National Labor Rela-
tions 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 .
DIRECTED that, as part of the investigation authorized by the Board
to ascertain representatives for the purposes of collective bargaining
with Truscon Steel Company, Youngstown, Ohio, the Regional Di-
rector for the Eighth Region (Cleveland, Ohio) shall, pursuant to
the said Rules and Regulations and subject to Article III, Section
9, 'of said Rules and Regulations, within ten (10) days from the
date of this Direction, open and count the ballots of Honor D. Kelly,
Ralph S. Boals, George Schuller, Newell Shields, Melvin Davis,
James Earl Thornton, William H. Thomas, W. J. O'Connor,
Armanda Mastropietro, Paul Wallich, Nick Fleishman, Andy San-
dusky, Jared Davies, and the three absentee ballots received by the
Regional Director on September 10 and 11, 1941, and not count the
ballots of Walter Arens, Robert Davies, S. Bachtell, Howard Price,
and James Durkin, and the two questioned ballots herein found to be
invalid and shall thereafter prepare and cause to be served upon
the parties a Supplemental Election Report embodying his findings
therein and his recommendations as to the results of the secret ballot.
SAME TITLE'
CERTIFICATION OF REPRESENTATIVES
November 27, 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 Elec-
tions, 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) among certain production.
employees and among certain machine-shop employees. On August
18, 1941, the Board issued a Supplemental Decision, Direction of
Run-off Election, and Certification of Representatives in the above-
entitled proceeding.' Pursuant to the Direction of Run-off Election,
an election by secret ^ ballot was conducted on September 10, 1941,
among all production employees, including carpenters and electri-
cians not working under the supervision of the master mechanics,
but excluding machinists, machinist helpers, inspectors, millwrights,
and related employees in the mechanical department. On Novem-
ber 15, 1941, the Board issued a Second Supplemental Decision and
Direction which, inter alia, directed the Regional Director to open
and count 13 challenged ballots and three absentee ballots returned
late.3 On November 19, 1941, the Regional Director, acting pursuant
to Article III, Section 9, of National Labor Relations Board Rules
and Regulations-Series 2, as amended, issued his Supplemental
Run-off Election Report.
As to the final tabulation of the result of the balloting, the Regional
Director reported as follows :
Total on eligibility list____________________ ------ 1, 438
Total ballots cast (Including 3 draftee ballots returned late
but ordered opened) ----------------------------------- 1,340
Total ballots challenged---------------------------------- 18
Challenged ballots determined eligible--------------------- 13
Challenged ballots determined not eligible----------------- 5
Total blank ballots--------------------------------------- 3
1 33 N. L. R. B., No. 14.
2 34 N . L. R. B., No. 64.
8 36 N. L. R. B., No. 203.
988
TRUSCON STEEL COMPANY . 989
Total void ballots________________________________________ 4
Total valid votes cast------------------------------------ 1,328
Votes cast for Steel Workers Organizing Committee (CIO)_ 656
Votes cast for Local 487, International Association of Bridge,
Structural & Ornamental Iron Workers (AFL) --------- 672
No objections to the counting of the challenged ballots or to the
Supplemental Run-off Election Report have been filed by any of
the parties.
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 Relations Board Rules and Regulations-Series 2,
as amended,
IT IS HEREBY CERTIFIED that Local 487, International Association
of Bridge, Structural and Ornamental Iron Workers, affiliated with
the American Federation of Labor, has been designated and selected
by a majority of the production employees of Truscon Steel Com-
pany, Youngstown, Ohio, including carpenters and electricians not
working under the supervision of the master mechanics, but exclud-
ing machinists, machinist helpers, inspectors, millwrights, and re-
lated employees in the mechanical department, as their respresenta-
tive for the purposes of collective bargaining, and that, pursuant
to the provisions of Section 9 (a) of the Act, Local 487, International
Association of Bridge, Structural and Ornamental Iron Workers,
affiliated with the American Federation of Labor, 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.
36 N. L. R. B., No. 203a.