Youngstown Sheet and Tube Co.

National Labor Relations Board - Board Decisions

Sep 23, 1941

35 N.L.R.B. 660 (N.L.R.B. 1941)

In the Matter of YOUNGSTOWN SHEET AND TUBE COMPANY AND
YOUNGSTOWN METAL PRODUCTS COMPANY and STEEL WORKERS
ORGANIZING COMMITTEE
Case No. R-2717.-Decided September 23, 1941
Investigation and Certification of Representatives : stipulation for Certification
of Representatives upon pay-roll check.
Mr., J. C. Argetsinger, of Youngstown, Ohio, for the Company.
Mr. Lee Pressman, of Washington, D. C., for the Union.
Mr. Frederic B. Parkes, 'end, of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
On July 9, 1941, Steel Workers Organizing Committee, herein
called the Union, filed a petition with the National Labor Relations
Board, herein called the Board, at Washington, D. C., as authorized
by the Board under Article III, Section 10 (a), of National Labor
Relations Board Rules and Regulations--Series 2, as amended, alleg-
ing that a question affecting commerce had arisen concerning the rep-
resentation of employees of Youngstown Sheet and Tube Company
and Youngstown Metal Products Company,' Youngstown, Ohio,
herein collectively called the Company, engaged in the manufacture,
processing, sale, and distribution of iron, steel, and other metal prod-
ucts at the Company's plants at South Chicago, Illinois and Indiana
Harbor, Indiana, in the Chicago District and at the Company's plants
at Brier Hill, Struthers, Campbell, and Hubbard, Ohio in the Youngs-
town District. The petition requested an investigation and certi-
fication of representatives pursuant to Section 9 (c) of the National
Labor Relations Act, 49 Stat. 449, herein called the Act. On July
11, 1941, the Board, acting pursuant to Section 9 (c) of the Act,
and Article III, Section 10 (b), of National Labor Relations Board
Rules and Regulations-Series 2, as amended, ordered an investiga-
' Youngstown Metal Products Company is a wholly owned subsidiary of Youngstown
Sheet and Tube Company and operates a plant at Girard, Ohio , adjacent to the Brier Hill
plant of Youngstown Sheet and Tube Company.
35 N. L R. B., No. 143
660
YOUNGSTOWN SHEET AND TUBE, COMPANY ET AL. 661
tion and authorized the Acting Director of Field Division to conduct
it and to provide for an appropriate hearing upon due notice. On,
July 9, 1941, the Company and the Union entered into a stipulation:
for certification upon consent pay-roll check.
Pursuant to the stipulation, a pay-roll check by comparison of
union.dues ledger cards with the pay roll of the Company for the
period ending June 1, 1941, was made from August 4 to 11, 1941,
inclusive, for the Company's plants in the Youngstown District and
on August 13 and 14, 1941, for its plants in the Chicago District,
under the supervision of the Acting Director of the Field Division,,
to determine the number of production and maintenance employees
of the Company, excluding executives, foremen, assistant foremen,
supervisors who do not work with tools, watchmen, office employees,
nurses, and clerical and salaried employees, -and excluding brick-
layers at the Company's plants at South Chicago, Illinois, and Indi-
ana Harbor, Indiana, in the Chicago District, who designated the,
Union as their bargaining agency. On August 30, 1941, the Acting
Director of the Field Division, acting pursuant to the stipulations,
issued and duly served upon the parties his Pay Roll Check Report.
No objections to the report have been filed by any of the parties.
In his report the Acting Director of the Field Division reported
that the comparison of the union dues ledger cards with. the pay
roll of the Company showed that 8,828 out of 12,738 eligible em-
ployees of the Company at its plants at Brier Hill, Struthers, Camp-
bell, and Hubbard, Ohio, in the Youngstown District, were members
of the Union in good standing as of June 1, 1941, and that 5,972 out
of 7,395 eligible employees of the Company at its plants at South
Chicago, Illinois, and Indiana Harbor, Indiana, in the Chicago Dis-
trict were members of the Union in good standing as of June 1,
1941.
Upon the basis of the stipulation, the Pay Roll Check 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 Youngstown Sheet and Tube Company and
Youngstown Metal Products Company, Youngstown, Ohio, at the
Company's plants at South Chicago, Illinois, and Indiana Harbor,
Indiana, in the Chicago District and at the Company's plants at
Brier Hill, Struthers, Campbell, and Hubbard, Ohio, in the Youngs-
town District, within the meaning of Section 9 (c) and Section 2 (6)
and (7) of the Act.
2. All production and maintenance employees of the Company
at its plants at Brier Hill, Struthers, Campbell, and Hubbard, Ohio,
662 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
in the Youngstown District and at its plants at South Chicago, Illi-
nois , and Indiana Harbor, Indiana, in the Chicago District , exclud-
ing executives , foremen, assistant foremen, supervisors who do not
work with tools, watchmen , office employees , nurses, and clerical and
salaried employees , and excluding bricklayers at the Company's
plants at South Chicago , Illinois , and Indiana Harbor , Indiana, in
the Chicago District , constitute a unit appropriate for the purposes
of collective bargaining within the meaning of Section 9 (b) of the
Act.
3. 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 representative of all the 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 Steel Workers Organizing Committee,
affiliated with the Congress of Industrial Organizations, has been
designated and selected by a majority of the production and main-
tenance employees of Youngstown Sheet and Tube Company and
Youngstown Metal Products Company, Youngstown, Ohio, at the
Company's plants at Brier Hill, Struthers, Campbell, and Hubbard,
Ohio, in the Youngstown District and at the Company's plants at
South Chicago, Illinois, and Indiana Harbor, Indiana, in the Chi-
cago District, excluding executives, foremen, assistant foremen, super-
visors who do not work with tools, watchmen, office employees,
nurses, and clerical and salaried employees, and excluding brick-
layers at the Company's plants at South Chicago, Illinois, and Indi-
ana Harbor, Indiana, in the Chicago District, as their representative
for the purposes of collective bargaining, and that pursuant to the
provisions of Section 9 (a) of the Act, Steel Workers Organizing
Committee, affiliated with the Congress of Industrial Organizations,
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.