Bethlehem Steel Corp.

National Labor Relations Board - Board Decisions

Mar 4, 1943

47 N.L.R.B. 1330 (N.L.R.B. 1943)

r
In the Matter of BETHLEHEM STEEL CORPORATION AND BETHLEHEM
STEEL COMPANY and AMERICAN FEDERATION ,OF LABOR
Case No. R-4846.-Decided March 4, 1943
Jurisdiction : steel products manufacturing industry -
Investigation ,and Certilication' of Representatives : existence ofPquestiou stipu-
lation as to ; election necessary
Unit ' Appropriate for Collective , Bargaining : a]1 plant-protection employees at
four plants of company held an appropriate unit , notwithstanding their,
deputization. -
Cravath, de Gersdorff, Swaine cc Wood, by Mr. C. A. McLain and
Mr: E. E. Buelianan, both of New York City, for the Company and
the Corporation.
Mr. Neil J. Cunningham, of Buffalo, N. Y., for the Union.
Miss Muriel J. Lever, of counsel to the Board.
DECISION' ,
DIRECTION OEELECTION
AND'
ORDER
ST'^ TEMENT OF THE CASE
Upon petition duly filed, by American Federation of Labor, herein
called the Union, alleging that a ,question affecting commerce had
arisen concerning the representation of employees of Bethlehem Steel
Company at its Lackawanna plant, at Lackawanna, Buffalo, and the
township of Hamburg, New York, herein called the Company, and/or
of Bethlehem Steel Corporation, herein called the Corporation, the
National Labor Relations Board provided for a n appropriate hearing
upon clue notice before Peter J.'Crotty, Trial Examiner. Said hearin g
was held at Buffalo, New York, on February 5, 1943. The Company
and the'Union appeared, participated, and were afforded full oppor-
tunity to be heard, to examine and cross-examine witnesses, and -to
introduce evidence bearing on the issues!
At the close of the hearing the Company made a motion to dismiss
the petition on the following grounds: (1) that the guards were not
employees within the meaning of the Act and (2) that the unit claimed
47 N L 11 B, No. 170 -
1330
BETHLEHEM 'STEEL CORPORATION_ . 1331
by tl?,e'Union was inappropriate. The Trial•Examiiier_reserved ruling
for the Board. The motion is denied for reasons hereinafter stated.
The Corporation appeared specially and moved to dismiss the petition
as to it, on the ground that the guards at the Company's Lackawanna
plant are not employees of the Corporation. The Trial Examiner
reserved ruling on the motion for the Board. There is no evidence
that the guards here involved are employees of the Corporation or
that the Corporation is a necessary party to this proceeding. Accord-,
ingly, the motion to dismiss as to the Corporation is hereby granted.
ThelTrial Examiner's rulings made at the hearing are free from.
prejudicial error and are-hereby affirmed. The Company filed a brief{
which the Board has duly considered.
Upon the entire record, in the case, the Board makes the following t,
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Bethlehem Steel Company, a Pennsylvania corporation, is engaged
at its Lackawanna plant, situated at Lackawanna, Buffalo, and the
township of Hamburg, all in New York State, in the manufacture
and production of various steel products. During the year 1942, the
aggregate value of raw materials used by the Company at its Lacka-
wanna plant was in excess of'$66,000,000,, of which more than 85 per-
cent was shipped from points outside the State of New York. Dur-
ing the same period, the Company nlttinufactured at its Lackawanna
plant finished products valued in excess of $119,000,000, of which more
than 80 percent yeas-shipped to points outside the State of New York.'
It. THE ORGANIZATION INVOLVED
The American Federation of Labor is a labor organization, admit-
ting to membership employees of tlie'Company.
III 'I HE QUESTION CONCERNING REPRESENTATION
The parties agreed that the Union asked the Company to bargain
collectively and that the Company refused recognition on the ground
that it! does not consider that the guards constitute an appropriate
bargaining unit.
. A statement of the Field Examiner, Introduced in evidence at the
hearing, indicates that the Union represents a substantial number
of employees 1 in the unit hereinafter found appropr iate.'
'For reasons indicated below, we find that the guards are employees within the
meaning of the Act.
'The Field Examiner reported that the Union had submitted 160 designations , of winch
150, all bearing apparently genuine signatures , appear on the Company ' s pay roll of
January 2, 1943, ahich contains 273 names in the appropriate unit.
1332 DECISION'S, OF, NATIONAL LABOR RELATIONS BOARD
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.
IV. THE APPROPRIATE UNIT
The Union contends 'that' the plant=protection employees' at the
Company's 'Lackawanna plant, 'with, certain' exc`lusions' hereinafter
described, constitute 'an appropriate unit.
The Company contends that the'guards represent the Company in
'protecting its property-' and 'en forcing discipline and are thus too
closely identified with their corporate employer to be properly deemed
employees .within the meaning of the Act, and that a unit composed
of guards is inappropriate because they are subject to conflicting duties
and responsibilities since they, have been sworn as Auxiliary Military
Police and have been deputized. There is no merit in the Company's
contentions. We have frequently found that plant guards hired and
paid by employers are employees within, the meaning of the Act and
may, designate a representative for purposes of collective - bargaining
even though.they are i7iembers of-the Auxiliary Military Police.8 We
can see no reason to depart from this position.
The parties have agreed that if the Company's guards are found to
constitute an appropriate unit, that unit should be composed as here-
inafter described. We find, in accordance with this agreement and
with our'usual policy, that all plant-protection employees of the Com-
pany at its Lackawanna plant,b at Lackawanna, 'Buffalo, and Ham-
burg, New York, excluding the chief, the senior captain, captains, first
and second- lieutenants, and desk sergeants, constitute a unit appropri-
ate for the purposes of collective bargaining within the meaning of
Section 9 (b) of the Act. ,
V. THE'-DETERMINATION; OF REPRESENTATIVES
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
See Matter of Chrysler Corporation, Highland Park Plant and Local 114, United Auto-
mobile, Aircraft and Agricultural Implement Workers of America, affi liated with the.
0. I. 0., 44 N. L R. B. 881; Curtiss-Wright Corporation and American Federation of Labor,
45 N. L. R. B. 592.
,' We have already held that the guards of another plant of the Company constitute an
appropriate unit although the same contentions were made by the Company. See Bethlehem-
Steel Company and Local 1845, United Steelworkers of America, 0. I 0 , 46 N L R. B. 794.
5It appears from the record and we find that the Lackawanna plant embraces the Fab-
ricating Woiks at Bell' & Abby Streets, the Strip Mill Plant, the Bar Mill Plant, the
Specialties Shop, the Kalman Plant, the Seneca Plant, the Coke Yard, and the following
bridges ; the Lake Avenue Bridge at Woodlawn, N Y., the Manilla Street Bridge in Buffalo,
N. Y, the B & 0. Bridge and the Lake Shore Bridge.
BETHLEHEM STEEL CORPORATION 1333
period immediately preceding the date of our Direction of Election,
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 2,` 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, Lackawanna, Buffalo, and the township-of Hamburg, New
York, an election by secret ballot shall be conducted as early as pos-
sible, but not later than thirty (30), days from the date'of this Direc-
tion, under the direction and supervision of the Regional Director fqr
.the Third Region, acting in this matter as agent for the National
Labor Relations Board, and subject to Article III, Section 10, of said
Rules and Regulations, among the employees in the unit found appro-
priate in' Section IV, above, who were employed during the pay-roll
period immediately preceding .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 em-
ployees in the armedforces 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, to determine whether or not they desire to
be represented by American Federation of Labor for the, purposes of
collective bargaining.,
ORDER
IT Is IMREBY ORDERED that the petition , of the American Federation
of Labor, insofar as it alleges that a question, affecting commerce has
arisen concerning the representation of employees of Bethlehem Steel
Corporation, be, and it hereby is, dismissed.