Bethlehem Steel Corp.

National Labor Relations Board - Board Decisions

Jun 2, 1941

32 N.L.R.B. 264 (N.L.R.B. 1941)

In the Matter of BETHLEHEM STEEL' CORPORATION, BETHLEHEM S'I'IE:EL
COMPANY, AND SOUTH BUFFALO RAILWAY Co. and STEEL WORKERS
ORGANIZING COMMITTEE, LOCAL UNION 1024, C. I. O.
Case No. 11-2415
SUPPLEMENTAL DECISION
AND
CERTIFICATION OF REPRESENTATIVES
June 2, 1947
On April 7, 1941', the National Labor Relations Board issued a
Decision, Direction of Election and Order in the above-entitled pro-
ceeding., Pursuant to the Direction of Election, an election by
secret ballot was conducted on May 14, 1941, under the direction and
supervision of the Regional Director for the Third Region (Buffalo,
New York). On May 16, 1941, the Regional Director, acting pur-
suant to Article III, Section 9, of National Labor Relations Board
Rules and Regulations-Series 2, as amended, issued and dilly served
upon the parties his Election Report.
As to the balloting and its results, the Regional Director reported
as follows :
Total on eligibility list------------------------------ 12,445
Total ballots cast---------------------------------------- 11,590
Total ballots challenged----------------------------------- 353
Total blank ballots ---------------------------------------- 29
Total void ballots ---------------------------------------- 24
Total valid votes cast------------------------------------ 11,184
Votes cast for Steel workers Organizing Committee, Local
Union 1024, C I. 0------------------------------------ 8,223
Votes cast against Steel Workers Organizing Committee,
Local Union 1024, C. I 0------------------------------- 2,961
Objections to the said Election Report were filed only by Bethle-
hem Steel Corporation. On May 23, 1941, the Regional Director
issued his Report on Objections, and the attorneys for the Corpora-
tion, by letter dated May 24, commented on the said Report on
Objections.
1 30 N L R B 1006.
32 N. L R. B., No. 55.
264
BETHLEHEM STEEL CORPORATION 265
The objections are based upon the allegation that ". . . none of
the employees at said Lackawanna Plant and none of the persons
who voted or were eligible to vote in said election was at the date
of said election or is at the date hereof an employee of Bethlehem
Steel Corporation . . ." The Board, in a previous Decision and
Order 2 and in its Decision , Direction of Election and Order in the
present proceeding ,3 found that the Corporation , which controls the
Company, must be held responsible for the activities of the Company
in connection -with labor relations and that the Corporation has
directly participated in matters affecting labor relations . In a recent
decision ,4 the United States Court of Appeals for the District of
Columbia sustained the Board 's view.
We find that the Corporation is an employer of the employees at
the Lackawanna Plant. We find upon the entire record of the case,
including the Election Report, the Objections of Bethlehem Steel
Corporation to the said Election Report, the Regional Director's
Report on Objections , and the letter from the attorneys for the
Corporation , that the said objections do not raise substantial and
material issues with respect to the conduct of the ballot or the
Election Report.
By virtue of and pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) of the National Labor Re-
lations 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 CERTIFIED that Steel Workers Organizing Committee,
Local Union 1024, C. I. 0., has been designated and selected by a
majority of all production and maintenance employees of Bethlehem
Steel Company and Bethlehem Steel Corporation at the Lackawanna
Plant, excluding executives , foremen, assistant foremen who from
time to time act as foremen, employees in the main office, bridge-shop
office, strip -mill office, company police, watchmen, nurses , doctors,
and full -time first-aid and safety employees , as their representative
for the purposes of collective bargaining , and that pursuant to the
provisions of Section 9 (a) of the National Labor Relations Act,
Steel Workers Organizing Committee , Local Union 1024, C. I. 0.,
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.
114 N L. R. B. 539.
R See footnote 1, above
4 Decided May 12, 1941