Bethlehem Steel Co.

National Labor Relations Board - Board Decisions

Oct 19, 1945

64 N.L.R.B. 352 (N.L.R.B. 1945)

In the Matter of BETHLEHEM STEEL COMPANY, SPARROWS POINT PLANT
and UNITED STEELWORKERS OF AMERICA, C. I.'• 0.
Case No. 5-R-1950.-Decided October, 19, 1945
Mr. Gerald J. Reilly, of Bethlehem, Pa., for the Company.
Mr. Albert Atallah, of Baltimore, Md., for the C. I. O.
Mr. Stanley B. Korengold, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by United Steelworkers of America,
C. I. 0., herein called the C. I. 0., alleging that a question affecting
commerce had arisen concerning the representation of employees of
Bethlehem Steel Company, Sparrows Point Plant, Bethlehem, Penn-
sylvania, herein called the Company, the National Labor Relations
Board provided for an appropriate hearing upon due notice before
Earle K. Shawe, Trial Examiner. Said hearing was held at Baltimore,
Maryland, on June 29, 1945. The Company and the C. I. O. appeared
and participated.' All parties were afforded full opportunity to be
heard, to examine and cross-examine witnesses, and to introduce evi-
dence 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 followings :
I/INDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Bethlehem Steel Company, a Pennsylvania corporation, is engaged
in the manufacture and production of various steel products. The
present proceeding involves only its Sparrows Point Plant, located at
i The Pattern Makers League of North America, A F of L, herein called the Pattern
Makers League, did not appear at the hearing, although it was duly served with notice
thereof
i
64 N. L it B, No. 65
352
BETHLEHEM STEEL COMPANY 353
Sparrows Point, Maryland. During the calender year 1944 the aggre-
gate value of raw materials and semi-finished materials used by the
Company at the Sparrows Point Plant exceeded $80,000,000, of which
over 90 percent was shipped to the plant from points ' outside the
State of Maryland. During the same period the aggregate value of
all steel products manufactured by the Company at the Sparrows
Point Plant amounted to over $150,000,000, of which more than 70
'percent.w'a's'"shippedd to points outside the' State of Maryland.
The Company admits, for the purposes of this proceeding, that
it is engaged in commerce within the meaning of the National Labor
Relations Act.
II. THE ORGANIZATION INVOLVED
United Steelworkers of America, affiliated with the Congress of
Industrial Organizations, is a labor organization admitting to mem-
bership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On or about May 14, 1945, the C. I.. O. informed the Company
that it desired recognition as, the bargaining representative of the
pattern makers employed by the Company. The Company, how-
ever, refused to grant recognition, asserting that the Pattern Makers
League had been previously certified by the,Board as the bargaining
representative of such employees.' ,
A statement of a Board agent, introduced into evidence at the
hearing, indicates that the C. I. O. represents a substantial number
of employees in the unit hereinafter found appropriate.3
We find that a question affecting commerce has arisen concerning
the' representation of employees of the Company, within the mean-
ing of Section 9 (c) and,Section 2 (6) and (7) of the Act.
IN'. THE APPROPRIATE UNIT; THE DETERMINATION OF REPRESENTATIVES
The Company and the C. I. O. are agreed that all pattern makers
and pattern 'takers' apprentices in the pattern shop at the Com-
pany's Sparrows Point Plant, excluding, however, the pattern maker
who acts as pattern checker, the machine hand, janitor, laborer, clerk,
the general foreman, the assistant general foreman, and all other
supervisory employees within the Board's customary definition, con-
stitute an appropriate bargaining unit. The C. I. O. requests, and
the Company does not object, that in the event the majority of the
Batter of Bethlehem Steel Company , Sparrows Point Division , 33 N L R B 806
a The Field Examiner reported that the C I 0 submitted 21 application for membership
cards, that all of these boie the names of persons appealing on the Company's pay roll
of May 18, 1945, that all such cards were dated April 1945, and that there are 34 persons
n, the alleged apps opiiate unit.
07041 7-46-vol 64-24
`354 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
.;employees in the aforesaid group select the C. I. O. as their bargain-
ing representative, the group be then made a part of the existing
:bargaining'. unit of production and maintenance employees which
-the C. I. O. currently represents.-
- As indicated above, in: July 1941, the Board certified the Pattern
Makers League as the exclusive bargaining.representative of the
pattern makers employed by the Company at its Sparrows Poirit
'lant.4 The Pattern Makers League did not, however, enter into
any contractual relations with the Company, following its certifica-
,tion. On September 25; 1941, .pursuant, to a consent election, the
-C. I. O. was designated as the bargaining representative of all pro-
.duction and maintenance employees at the Company's Sparrows Point
-Plant, excluding the pattern makers. Thereafter, in August 1942,
the'Company and the C.'I. O. executed a collective bargaining agree-
ment,embodying the above-stated unit., Upon the expiration of that
agreement, the parties, on April- 23; 1945, entered into a new con-
-tract, encompassing within the bargaining unit the production and-
maintenance employees in all the Company's plants, 'excluding, how-
,,ever, the einp] oyees in, the Die Sinking Division. at the Bethlehem
Plant and the pattern 'miikers and the pattern- makers' apprentices
at the Sparrows Point Plant; in all other plants of the Company,
--the pattern makers and the pattern makers' apprentices were included
in the contract unit, . I - ,
Although we normally adhere to a prior Board finding as to the
.appropriate,bargaining unit, we are not precluded from ,redetermin-
ing the propriety of such unit where, as here, the certification of a
bargaining representative failed to result in an' effective bargaining
history.' As indicated above, the 'Pattern Makers League never
.executed a collective bargainilg contract with the Company. Further-
more, the evidence shows that the Pattern Makers League has at. iio
time since its certification represented the pattern makers m.present-
ing grievances to the Company, or otherwise maintained bargaining'
relations with the Company. Also, as previously stated, the Pattern
-Makers League was duly notified of the hearing but failed to appear
.or participate therein. We have frequently held that the pattern
makers may appropriately be included, in a unit of production and
maintenance employees ° and, in view of the foregoing circumstances,
including the absence of objection by the Pattern Makers League, we
find that our prior determination does not now preclude the pattern
4 See footnote 1, supra.
Cf. Matter of McGann Manufacturing Company, Inc, 57 N L R B. 246; Matter of
Thomasville Chair Company (Plant B, Old Bard Plant), 54 N. L R B 1071. Cf also:
Matter of The Duff-Norton Manufacturinq Company. 60 N. L R B 186, where we' reaf-
firmed a prior unit finding because of the subsequent bargaining history predicated thereon.
e see Matter of Cooper-Bessemer Corporation, Grove City Plant, 62 N. L. R B. 1451;
.Matter of York,Oorporation, ,61 N. L. R. B. 462.
BETHLEHEM STEEL COMPANY - 355
makers from being included in the present bargaining unit of pro-
duction and maintenance employees if they so desire. Accordingly,
we shall direct an election among the pattern makers and pattern
makers' apprentices to deternime whether or not they wish to be rep-
resented by the C. I. O. In the event a majority of these employees
select the C. I. O. as their collective bargaining representatives, they
will thereby be deemed to have indicated their desire to be included
in the existing unit of production and maintenance- employees•-and
will be part of such unit.
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among the pat-
tern makers and pattern makers' apprentices in the pattern shop at
the Company's Sparrows Point Plant, excluding the machine hand,
the pattern maker who acts as pattern checker, janitor, laborer, clerk,
the general foreman, the 'assistant general foreman and all other super-
visory employees with authority to hire, promote, discharge, disci-,
pline, or otherwise effect changes in the status of employees or effec-
tively recommend such action, who were employed' by the Company
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 Rela-
tions Board Rules and Regulations-Series 3, as amended, it is
hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the' purposes of collective bargaining with Bethlehem Steel'
Company, Sparrows Point Plant, 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, under
the direction, and supervision of the Regional Director for the Fifth
Region, acting in this matter as agent for the National Labor 'Rela-
tions Board, and subject to Article III, Sections 10 and 11, of said
Rules and Regulations, among the employees in the voting group
described in Section IV, above, who were employed during the pay-
roll period immediately preceding the date of this Direction, includ-
ing employees who did not work during said pay-roll period because
they were ill or on vacation or temporarily laid off,' and including
' The Company stated at the hearing that Vernon Hill ,' H. Bryant, Braden Praetorius,
and J A. Owen, all of whom were laid off on May 22, 1945 , were only temporarily laid off
and were not permanently severed from the pay roll. Accordingly , we deem them eligible
to vote.
356 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
employees in the armed forces of the United States who present them-
selves 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 United Steel Workers of America, C. I. 0.,
for the purposes of collective bargaining.
MR.. GERARD D. REILLY took no part in the consideration of the
above Decision and Direction of Election.