West Virginia Steel Corp.

National Labor Relations Board - Board Decisions

Mar 28, 1944

55 N.L.R.B. 789 (N.L.R.B. 1944)

In the Matter of WEST VIRGINIA STEEL CORPORATION and DIs'riucT
50, UNITED MINE WORKERS OF AMERICA
Case No. 9-B-1336.-Decided March 28, 1944
Mr. Henry 1'. Butts, of Charleston, W. Va., for the Company.
Mr. E. E. Hollyleld, of Charleston, W. Va., for the Union.
Miss Fannie M. Boyls, of counsel to the Board.
DECISION
A ND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by District 50, United Mine Workers
of America, herein called the Union, alleging that a question affecting
commerce had arisen concerning the representation of employees of
West Virginia Steel Corporation, Charleston, West Virginia, herein
called the Company, the National Labor Relations Board provided
for an appropriate hearing upon due notice before Thomas E.
Shroyer, Trial Examiner. Said hearing was held at Charleston,
West Virginia, on February 24, 1944. The Company-and the Union
appeared and participated.' All parties were afforded full oppor-
tunity to be heard, to examine and cross-examine witnesses, and to
introduce evidence bearing on the issues. The Trial Examiner's
rulings made at the hearing are free from prejudicial error and are
hereby affirmed. All parties were afforded an opportunity to file
briefs with the Board.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
West Virginia Steel Corporation, a West Virginia corporation, has
its principal place of business at Charleston, We,t Virginia, where
IInternational Brotherhood of Teamsters, Chauffeurs, warehousemen and Helpers of
America, Local 175, A. F of L, herein called the Teamsteis' Union and International
Association of Bridge Structural and Ornamental lion workers, labor organizations which
in the past had manifested an interest in employees of the Company, were each duly served
with notice of the hearing, but neither appeared.
55 N L. R. B , No. 143.
789
790 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
it is engaged principally in the fabrication of structural steel. It
uses more than 4,000 tons of raw steel annually , almost all of which
comes to it from outside West Viri inia . Almost all of its finished
products , valued in excess of $500,000 , are shipped outside the State.
The Company employs approximately 125 production and main-
tenance employees . It admits that it is engaged in commerce within
the meaning of the National Labor Relations Act.
IT. THE ORGANIZATION INVOLVED
District 50, United Mine Workers of America , Local Union 12804,2
is a labor organization admitting to membership employees of the
Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the Union as the
exclusive bargaining representative of its employees until the Union
has been certified by the Board in an appropriate unit.
A statement of a Board agent, introduced into evidence at the
hearing, indicates that the Union represents a substantial number of
employees in the unit hereinafter found appropriate.'
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
We find, in accordance with a stipulation of the parties, that all
production and maintenance employees of the Company, including
truck drivers 4 and toolroonl attendants, but excluding office-clerical
employees, shipping clerks, the regular full-time janitor,' and super-
visory employees with authority to hire, promote, discharge, disci-
pline, or otherwise effect changes in the status of employees, or
2 The Local of the Union , which was chartered after the filing of the petition and which
admits to membership the Company 's employees , is #12804. The Union's request that its
name appear on the ballot as above designated is granted.
' The Field Examiner reported that there are 125 employees in the appropriate unit ; that
the Union submitted 122 membership cards ; and that 100 cards were dated prior to
December 31 , 1943, 18 were dated January 1944, and 4 were undated
* During the course of the hearing the Trial Examiner received a letter from an officer of
the Teamsters ' Union, in which the Teamsters ' Union , although not purporting to represent
any employees of the Company , objected to the inclusion of the truck drivers and ware-
housemen in the same unit with other employees Inasmuch as no evidence was offered
or introduced in support of this contention , the Trial Examiner properly refused to admit
the letter in evidence.
6 The parties agreed that one employee whose time is about equally divided between pro-
duction work and janitor ' s work in the production departments and who Is paid on the
same basis as other production employees should be included within the unit; we shall
include him.
WEST VIRGINIA STEEL CORPORATION 791
effectively recommend such action, constitute a -unit appropriate for
the purposes of collective bargaining within the meaning of Section
9 (b) of the Act.
V. THE DE1 ERMINATION OF REPRESENTATIVES
The Union urges that the pay roll nearest the date of the hearing
should be used to determine eligibility to vote. However, we do not
believe that the record discloses any valid reason for departing from
our usual practice of using a current pay-roll date.
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among the em-
ployees in the appropriate unit who were employed during the pay-roll
period immediately preceding the date of the Direction of Election
herein, subject to the limitations and additions set forth in the
Direction.
DIRECTION OF ELECTION
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, Section 9, of National Labor Relations
Board Rules and Regulations-Series 3, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with West Virginia
Steel Corporation, Charleston, West Virginia, 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, under the direction and
supervision of the Regional Director for the Ninth Region, acting in
this matter as agent for the National Labor Relations Board, and sub-
ject to Article III, Sections 10 and 11, of said Rules and Regulations,
among the employees in the unit found appropriate in Section IV,
above, who were employed during the pay-roll period immediately pre-
ceding the date of this Direction, including employees who did not
work during said pay-roll period because they were ill or on vacation
or temporarily laid off, and including employees in the armed forces
of the United States who present themselves in person at the polls, but
excluding any who have since quit or been discharged for cause and
have not been rehired or reinstated prior to the date of the election, to
determine whether or not they desire to be represented by District 50,
United Mine Workers of America, Local Union 12804, for the purposes
of collective bargaining.