Carnegie-Illinois Steel Corp.

National Labor Relations Board - Board Decisions

Nov 28, 1941

37 N.L.R.B. 19 (N.L.R.B. 1941)

In the Matter of CARNEGIE-ILLINOIS STEEL CORPORATION and NATIONAL
ORGANIZATION, MASTERS, MATES & PILOTS, HARBOR 25
In the Matter of CARNEGIE-ILLINOIS STEEL CORPORATION and NATIONAL
MARINE ENGINEERS BENEFICIAL ASSOCIATION, AFFILIATED WITH C.
Cases Nos. R-3342 and R-311,3.Decided November 08, 1941
Jurisdiction : inland water transportation industry.
Investigation and Certification of Representatives : existence of question; re-
fusal to recognize or bargain with the petitioners until they have been certified
by the Board ; election necessary.
Units Appropriate for Collective Bargaining : all licensed engineers performing
the work of engineers on river boats owned and operated by the Company,
including chief' engineers, second engineers, and 'spare engineers, agreement
as to ; held, that all licensed deck officers employed by the Company on its
inland boats, including masters, mates, and pilots, constitute an appropriate
unit notwithstanding the contention of the Company that they are supervisory
employees and should each constitute a separate unit; mates included not-
withstanding the fact that they were covered by a former contract together
with unlicensed personnel in view of the fact that they are now required by
law to be licensed.
Mr. L. L. Lewis and Mr. John Foringer, of Pittsburgh, Pa., for the
Company.
Mr. ,Teno Fritz, of Pittsburgh, Pa., for the M. M. P.
Mr. R. E. Goforth, of Pittsburgh, Pa., for the M. E. B. A.
Mr. H. C. Meade, of Pittsburgh, Pa., for the N. M. U.
Mr. Ralph S. Clifford, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
On August 18, 1941, and on September 3, 1941, the National Organ-
ization, Masters, Mates & Pilots of America, Harbor 25, affiliated
with the A. F. of L., herein called the M. M. P., and National Marine
Engineers Beneficial Association, affiliated with-the-C. I.-O., herein
called the M. E. B. A., filed their "respective petitions with-the--Re-
37 N. L R. B, No 5.
19
20 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
gional Director for the Sixth Region (Pittsburgh, Pennsylvania)
each alleging that a question affecting commerce had arisen concern-
ing the representation of employees of Carnegie-Illinois Steel Cor-
poration, Pittsburgh, Pennsylvania, herein called the Company, and
requesting an investigation and certification of representatives pur-
suant to Section 9 (c) of the National Labor Relations Act, 49 Stat.
449, herein called the Act. On September 15, 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, or-
dered an investigation and authorized the Regional Director to con-
duct it and to provide for an appropriate hearing upon due notice.
On November 3, 1941, the Regional Director issued a notice of
hearing, copies of which were duly served upon the Company, the
M. M. P. and the M. E. B. A., and National Maritime Union of
America, Inland Boatmen's Division, herein called the N. M. U., a
labor organization having a contract covering employees directly
affected by the investigation. Pursuant to notice, a hearing was held
on November 3, 1941,1 at Pittsburgh, Pennsylvania, before Henry
Shore, the Trial Examiner, duly designated by the Chief Trial Ex-
aminer. The Company, the Al. M. P., the M. E. B. A., and the
N. M. U. were represented and all participated in the hearing. Full
opportunity to be heard, to examine and cross-examine witnesses,
and to introduce evidence bearing on the issues was afforded all
parties. During the course of the hearing the Trial Examiner made
several rulings on motions and on the admission of evidence. The
Board has reviewed the rulings of the Trial Examiner and finds that
no prejudicial errors were committed. The rulings are hereby
affirmed.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Carnegie-Illinois Steel Corporation, a wholly owned subsidiary of
United States Steel Corporation, is a Delaware corporation engaged
in the business of manufacturing steel and steel products, and has its
principal offices in Pittsburgh, Pennsylvania. In connection with its
Clairton works, the Company maintains a River Transportation De-
partment, which is engaged in operating 12 company-owned boats
along the Allegheny, Monongahela, and Ohio Rivers.
1 The record indicates that the parties received copies of the notice of hearing on the
day of the hearing , November 3, 1941 , but that all parties waived "the usual notice of
heal ing "
CARNEGIE -ILLINOIS STEEL CORPORATION 21
The Company and the Board stipulated as follows with regard to
the operations of the River Transportation Division :
During the calendar year 1940, approximately 14,500,000 net tons
of coal, coke, acid, steel scrap, flue dust, pig iron, and other commodi-
ties were hauled by, the .River Transportation Department. Approxi-
mately 1,700,000 net tons of such tonnage were shipped from points
outside the Commonwealth of Pennsylvania to points in other States
and approximately 400,000 net tons of such tonnage were shipped
from points outside the Commonwealth of Pennsylvania to points
within the Commonwealth of Pennsylvania. The above figures are
proportionately the same for the first 10 months of 1941.
The Company admits that it is engaged in commerce within the
meaning of the Act.
We find that the Company is engaged in trade, traffic, transporta-
tion, and commerce among the several States, and that the licensed
dock officers and the licensed engineers employed on its boats are
directly engaged in such trade, traffic, transportation, and commerce.
II. THE LABOR ORGANIZATIONS INVOLVED
National Organization, Masters, Mates &. Pilots of America,
Harbor 25, is a labor organization affiliated with the American
Federation of Labor, admitting to membership employees of the
Company.
National Marine Engineers Beneficial Association and National
Maritime Union of America, Inland Boatmen's Division, both affiliated
with the Congress of Industrial Organizations, are labor organizations
admitting to membership employees of the Company.
III. THE QUESTIONS CONCERNING REPRESENTATION
At the hearing the parties stipulated that the Company refuses to
recognize the M. M. P. and the M. E. B. A..as representatives of
employees in the units they allege to be appropriate until they have
been certified by the Board.2
2 The record discloses that the Company and the N D[ U entered into a contract
covering the unlicensed personnel, including mates, on June 25, 1941 On September 1,
1941, pursuant to notice by the Bureau of 1[arine Inspection and Navigation, a ruling
became effective by which mates on inland waters were renuued to be licensed On Sep-
tember 19, 1941, the AI --NI P and the N JI U entered into a stipulation by which the
N All U waived and dreclarmed its right, under the said contract, to represent the mates
Neither the Company nor the N At U contends that this contract constitutes a bar to a
determination of representatn es among the employees of the Company in the units sought
by the ii M P and the DI E. B A -
433257-42--von. 37-3
22 DECISIONS OF NATIONAL LABOR RELATIONS -BOARD
The record discloses that the Al. E. B. A. and the M. Al. P. represent
a substantial number of the Company's employees, in the units herein-
after found appropriate.'
We find that questions have arisen concerning the representation
of employees of the Company and that such questions tend to lead
to labor disputes burdening and obstructing commerce and the free
flow of commerce.
IV. THE APPROPRIATE UNIT
At the hearing the Company and the M. E. B. A. stipulated, and
we find, that all licensed engineers on river boats owned and operated
by the Company,-including chief engineers, second engineers, and
spare engineers, 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 to
collective bargaining and otherwise will effectuate the policies of the
Act.'
The M. M. P. contends that the masters, mates, and pilots employed
on the Company's inland boats should be included in a single unit,-"
while the Company contends that the masters, mates and pilots con-
stitute three separate units. The Company's claim for three separate
units is based on the contention that the master is a supervisor as to the
deck crew, including the pilot and mate, and that the pilot,, in the
absence of the master, is a supervisor as to the mate and the deck crew,
while the mate is the supervisor of the deck crew.
The record indicates,that there has been no history of collective
bargaining between the Company and the licensed deck officers includ-
ing masters, mates, and pilots, except that the mates were covered by
the June 25, 1941, N. M. U. contract, heretofore mentioned, together
with other unlicensed personnel, as the mates were not then required
to be licensed. However, the Trial Examiner reported that the author-
ization cards submitted by the M. M. P. indicate that the M. M. P.
now represents 9 of the 12 masters, 19 of the 21 pilots, and 17 of the 23
mates employed by the Company as of November 1, 1941.
3 The M E B A submitted 29 cards to the Trial Examiner, all bearing apparently
genuine signatures of engineers employed by the Company, 11 of which were dated between
July 14, 1941, and September 11, 1941, and 18 of which were undated There are 37
engineers listed on the Company's pay roll of November 1, 1941.
The _ii 11 P submitted 49 cat (Is, dated between April 2 and October 29, 1941, all bearing
apparentli genuine signatures, 43 of which beat the signatures of poisons listed on the
Company's pay roll of November 1, 1941. There ate 56 masters , mates, and pilots listed
on the November 1, 1941, pay roll
4 The record discloses that the unit, as set out above, does not include employees sought
to be represented by any other labor organization or employees coveied by any baigauung
contract
The unit sought by the Al M P does not include employees sought to be represented
by any other labor organrz.ttion involved in this proceeding See footnote 2, septa
CARNEGIE-ILLINOIS STEEL CORPORATION 23
We have heretofore held that licensed deck officers may constitute
an appropriate unit. On ocean-going vessels, licensed deck officers
have included masters, pilots, and mates, and the M. M. P., a well-
recognized Union long active in this field, has traditionally repre-
sented licensed mates together with licensed masters and pilots.e Al-
though the mates on the Company boats were not required to be licensed'
until September 1, 1941, no reason appears why they should not.now_be
included in a unit with the other licensed deck officers, in view of
the fact that they are now required by law to be licensed. -
We find that all licensed deck officers employed by the Company on
its inland boats, including masters, mates, and pilots, 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 to collective bargaining and otherwise
will effectuate the policies of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
We find that the, questions concerning representation which have
arisen can best be resolved by elections by secret ballot. We further
find that those eligible to vote shall be the employees in the appropriate
units who were employed during the pay-roll period last preceding the
date of this Direction of Elections, subject to the limitations and
additions set forth in our Direction.
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. Questions affecting commerce have arisen concerning the repre-
sentation of employees of Carnegie-Illinois Steel Corporation, Pitts-'
burgh, Pennsylvania, within the meaning of Section 9 (c) and Section
2 (6) and (7) of the National.Labor Relations Act.
2. All licensed engineer's performing the work of engineers on river
boats owned and operated by the Company, including chief engineers,
second engineers, and spare engineers, constitute a unit. appropriate
for the purposes -of collective bargaining within the meaning of
Section 9 (b)- of the National Labor Relations Act.
a Matter of Intel national Me, cantile Marine Company, et al. and Inteinatsonal Union
of Operating I,'nyineers, Local No 3, 1 N L R B 384; Matter of Lykes Brothers Steam-
ship Company, Inc, it at and National Marine Engineers Beneficial Association, et al
2 N. L. R B 102, Matter of Black Diamond Steamship Corporation and Mafsne Enq veers
Beneficial Association, Local No 33, 2 N L R B 241; Matter of Tidewater Associated
Oil Company and United Licensed Ofceis of the U. S A etc 9 N. L R B 823, Matter
of Cities Service Oil Company and United Licensed Officers or the U S A 10 N L R B
954, Matter of The Texas Company and Texas Tankers Officers Association, 23 N L R B
No 110 , Matter of United States Lines Company and National Organization of Masters,
Mates & Pilots, etc 28 N L R B, No 135
24 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
3. All licensed deck officers employed by the Company on its inland
boats, including masters, mates, and pilots, constitute a unit appro-
priate for the purposes of collective bargaining within the meaning of
Section 9 (b) of the National Labor Relations Act.
DIRECTION OF ELECTIONS
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 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 Carnegie-Illinois Steel Corporation, Pittsburgh, Pennsylvania,
elections by secret ballot shall be conducted as soon as possible but not
later than thirty (30) days from the date of this Direction of Elec-
tions under the direction and supervision of the Regional Director for
the Sixth 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 the employees of Carnegie-Illinois Steel
Corporation, within the two groups described below, who were em-
ployed on inland boats operated by Carnegie-Illinois Steel Corpora-
tion, during the pay-roll period last preceding the date of this Direc-
tion of Elections, including those who did not work during such 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 :
(a) all licensed engineers performing the work of engineers on river
boats owned and operated by the Company, including chief engineers,
second engineers, and spare engineers, to determine whether or not
they desire to be represented for the purposes of collective.bargaining
by National Marine Engineers Beneficial Association, affiliated with
the Congress of Industrial Organizations;
(b) all licensed deck officers employed by the Company on its inland
boats, including masters, mates, and pilots, to determine whether or
not they desire to be represented for the purposes of collective bargain-
ing by National Organization, Masters, Mates & Pilots of America,
Harbor 25, affiliated with the American Federation of Labor.