Bethlehem Steel Co.

National Labor Relations Board - Board Decisions

Jun 25, 1941

32 N.L.R.B. 1131 (N.L.R.B. 1941)

In the Matter of BETHLEHEM STEEL COMPANY, SPARROWS POINT DIvI-
SION and BALTIMORE ASSOCIATION OF THE PATTERN MAKERS LEAGUE
OF NORTH AMERICA
Case No. R-2517--Decided June 25, 1941
Jurisdiction : steel products manufacturing industry.
Investigation and Certification of Representatives : existence of question: re-
fusal to accord union recognition ; election necessary.
Unit Appropriate for Collective Bargaining : pattern makers and pattern-
maker apprentices.
Mr. Lester M. Levin, of Baltimore, Md., for the Board.
Mr. George Q. Lynch, of Washington, D. C., for.the League.
Mr. Anthony Wayne Smith, of Washington,'D. C., and Mr. Meyer
Bernstein, of Pittsburgh, Pa., for the C. I. O.
Mr. Eugene M. Purver, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On September 27, 1940, Baltimore Association of the Pattern Makers
League of North America, herein called the League, filed with the
Regional Director for the Fifth Region (Baltimore, Maryland), a
petition alleging that a question affecting commerce had -arisen con-
cerning the representation of employees of Bethlehem Steel Com-
pany, Sparrows Point Division, Sparrows Point, Maryland, herein
called the Company, and requesting an investigation and certification
of representatives, pursuant to Section 9 (c) of the National Labor
Relations Act, 49 Stat. 449, herein called the Act. On April 3, 1941,
the National Labor Relations Board, herein called the Board, acting
pursuant to Section 9 (c) of the Act, and Article III, Section 3, of
National Labor Relations Board Rules and Regulations-Series 2, as
amended, ordered an investigation and authorized the Regional Direc-
tor to conduct it and to provide for an appropriate hearing upon due
notice.
32 N. L. R. B., No. 176.
1131
1132 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
On April 4, 1941, the Regional Director issued a notice of hearing,'
copies of which were duly served upon the Company and the League,
and upon the Congress of Industrial Organizations and Industrial
Union of Marine and. Shipbuilding Workers of America, both, herein
collectively called the C. I. 0., labor organizations, claiming to repre-
sent employees directly affected by the investigation? Pursuant to
notice, a hearing was held on April 28, 1941, at Baltimore, Maryland,,
before Samuel H. Jaffee, the Trial Examiner duly designated by the
Chief Trial Examiner.. The League and the C. I. O. were represented
and participated in the hearing. The Company did not appear.3 Full
opportunity to be heard, to examine and cross-examine witnesses, and
to introduce evidence bearing upon the issues was afforded all parties.
At the hearing the C. I. O. moved to dismiss the League's petition
on the ground that the bargaining unit sought by,the petitioner is
inappropriate. The Trial Examiner reserved . ruling. On the ' basis
of the facts set forth in Section V, infra, the motion is'hereby.denied.
At the same time the League moved that it ;be certified as bargaining
agent for all journeymen pattern makers and apprentices at the Spar-
rows Point plant. The Trial Examiner reserved decision -on the
motion. The motion is hereby denied.
During the course of the hearing the Trial Examiner made several
rulings on other motions and on objections to the admission of evi-
dence. The Board has reviewed the rulings of the Trial Examiner and
finds that no prejudicial errors were committed. The rulings are
hereby affirmed. On May 12, 1941, the C. I. O. filed a brief, which the
Board has considered.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
'I. THE BUSINESS OF TI-1 E COMPANY
Bethlehem Steel Company is a Pennsylvania corporation engaged,
at its Sparrows Point` Division, the only division of the Company here
involved, in the manufacture and production of steel products and in
the construction of vessels at Sparrows Point, Maryland. During the
calendar year 1940 the, aggregate value of all raw and semi-,finished
materials used by the Company at Sparrows Point; excluding mate-
rials manufactured -or produced at Sparrows' Point, ' was in excess of
1 The American Federation of Labor, and the Association of Employees at the Maryland
plant of Bethlehem Steel Company were also served with notice of hearing, but did not
appear. I
2 Industrial Union of Marine and Shipbuilding Workers (C I. 0.), has been conducting
an organizing campaign at the Bethlehem Steel Company, Sparrows Point Division, in
conjunction with the Steel Workers Organizing Committee.
The company submitted a stipulation concerning its business.
BETHLEHEM STEEL COMPANY 1133
$70,000,000, of which more than 95 per cent was delivered to the Spar-
rows Point plant from points outside the State of Maryland. During
the same time, the aggregate value of all steel products and vessels
manufactured, or constructed, by the Company at Sparrows Point,
Maryland, was in excees of $167,000,000, of which more than 70 per
cent was shipped to points outside the State of Maryland.
II. THE ORGANIZATIONS INVOLVED
Baltimore Association of the Pattern Makers League of North Amer-
ica is a labor organization affiliated with the American Federation of
Labor. It admits.to membership employees of the Company.
Industrial Union of Marine and Shipbuilding Workers of America
and Steel Workers Organizing Committee are labor organizations
affiliated with the Congress of Industrial Organizations, admitting to
membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On August 12, 1940, the League, claiming to represent a majority
of the pattern makers at the Sparrows Point plant, requested recog-
nition as bargaining agent for the pattern makers and sought a collec-
tive bargaining meeting with the Company. The Company refused
to bargain with the League as exclusive bargaining agent for the
pattern makers.
Evidence introduced at the hearing shows that the League repre-
sents a substantial number of employees of the Company in the unit
alleged to be appropriate.4
We find that a question has arisen concerning the representation of
employees of the Company.
IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON
COMMERCE
We find that the question concerning representation which has
arisen, occurring in connection with the operations of the Company
described in Section I, above, has a close, intimate and substantial
relation to trade, traffic, and commerce among the several States and
tends to lead to labor disputes burdening and obstructing commerce
and the free flow of commerce.
4 At the hearing , the League and the C. I. O. stipulated that the League had submitted
in evidence a petition containing 31 genuine signatures of pattern makers or apprentices
who were employees of the Company at the Sparrows Point Division, on August 2, 1940,
the date of the petition . The Company employs 35 pattern makers and pattern-maker
apprentices.
1134 DECISIONS OF NATIONAL. LABOR RELATIONS BOARD
V. THE - APPROPRIATE UNIT
The League contends that the pattern makers and pattern-maker
apprentices employed by the Company at Sparrows Point constitute
a unit appropriate for the purposes of collective bargaining. The
C. I. O. asserts that such a unit is inappropriate for the purposes of
collective bargaining and, therefore, asks that the petition be dis-
missed. It contends that the appropriate unit consists of the em-
ployees of all.the steel plants and the Sparrows Point Shipyard of
the Company. Alternatively, it urges that there are two appropriate
units: one consisting of employees at the shipyard at Sparrows Point;
the other consisting of employees at all the Company's steel plants
including the steel plant at Sparrows Point, and in both cases includ-
ing all the crafts. However, it does not seek an election at this time.
The Company employs approximately. 25,000 persons at Sparrows
Point, of whom 35 are within the unit claimed by the League.
The pattern makers employed by the Company at Sparrows Point
are all in one department in a separate building. They constitute a
well established and highly skilled craft requiring a long apprentice-
ship. The League has bargained with the Company on behalf of the
pattern workers with regard to rates of pay and has had members
in the Sparrows Point plant for 25 years. The League carries tool
insurance, sick and death benefits for its members, has a strike fund,
and renders service to its members as an employment agency. On
the basis of these facts the League argues that a unit composed of
the pattern makers and pattern-maker apprentices is appropriate.
On the other hand the C. I. O. argues that pattern making is an
integral part of the production processes and that the location of the
pattern shop has no relation to the bargaining unit. It contends
further that only by company-wide or plant-wide organization can
all the employees be properly represented. The C. I. O. started
organizing throughout the industry in 1936 and through the Steel
Workers Organizing Committee has bargained and obtained wage
increases throughout the industry which have accrued to the benefit
of the pattern makers. The C. I. O. does not claim any membership
among the pattern makers at Sparrows Point. .
We find that all pattern makers and pattern-maker apprentices of
the Company employed at the Sparrows Point plant constitute a unit
appropriate for the purposes of collective bargaining and that said
unit will insure to employees of the Company the full benefit of their
right to self-organization and collective bargaining and otherwise
effectuate the policies of the Act.
BETHLEHEM STEEL COMPANY
VI. THE DETERMINATION ' OF REPRESENTATIVES
1135
We find that the question which has arisen concerning the repre-
sentation of employees of the Company can best be resolved by an
election by secret ballot. We shall direct that those eligible to vote
in the election shall be those employees within the appropriate unit
who were employed by the Company during the pay-roll period im-
mediately preceding the date of our Direction of Election, subject to
such limitations and additions as are set forth in the Direction. The
C. I. O. requested that its name not be placed on the ballot in the
event that the Board should order an election limited to the pattern
makers. The request is hereby granted.
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following :
CONCLUSIONS OF LAW
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of Bethlehem Steel Company, Sparrows
Point, Maryland, within the meaning of Section 9 (c) and Section
2 (6) and (7) of the Act.
2. All pattern makers and pattern-maker apprentices employed by
the Company at its Sparrows Point Division, constitute a unit ap-
propriate for the purposes of collective bargaining within the meaning
of Section 9 (b) of the Act.
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 Rela-
tions Act and pursuant to Article III, Section 8, 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 Bethlehem Steel Company, Sparrows Point Division, Sparrows
Point, Maryland, 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 Election, under the direction and supervision of
the Regional Director for the Fifth Region, acting in this matter as
agent for the National Labor Relations Board, and subject to Article
III, Section 9, of said Rules and Regulations, among all pattern
makers and pattern-maker apprentices employed by the Company
at its Sparrows Point Division, Sparrows Point, Maryland, who were
employed during the pay-roll period immediately preceding the date
1136 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
of this Direction, including employees who did not work during such
pay-roll period because they were ill or on vacation or in the active
military service or training of the United States, or temporarily laid
off, but excluding those who have since quit or been discharged for
cause, to determine whether or not they desire to be represented for
the purposes of collective bargaining by Baltimore Association of
the Pattern Makers League of North America.