Crucible Steel Co. of America

National Labor Relations Board - Board Decisions

Jun 19, 1964

147 N.L.R.B. 538 (N.L.R.B. 1964)

538 DECISIONS OF NATIONAL LABOR RELATIONS BOARD-
Employees may communicate directly with the Board's Regional Office, 609 Rail-
way Exchange Building, 17th and Champa Streets, Denver, Colorado , Telephone
No. 534-4151 , Extension 513, if they have any questions concerning this notice or
compliance with its provisions.
Trent Tube Company, Subsidiary of Crucible Steel Company of
America and United Steelworkers of America, AFL-CIO, Peti-
tioner. Case No. 13-RC-9279. June 19, 1964
DECISION AND CERTIFICATION OF RESULTS
OF ELECTION
Pursuant to the provisions of a stipulation for certification upon
consent election, an election by secret ballot was conducted by the Re-
gional Director for the Thirteenth Region on April 25, 1963, among
the employees in the stipulated unit. After the election the Regional
Director served upon the parties a tally of ballots which showed that of
approximately 235 eligible voters, 229 votes were cast, of which 104
were for, and 12 were against, the Petitioner, 1 ballot was void, and
1 ballot was challenged. Thereafter, the Petitioner filed timely objec-
tions to conduct affecting the results of the election.
In accordance with the Board"s Rules and Regulations, the Re-
gional Director conducted an investigation and, on June 10, 1963,
issued and duly served upon the parties his report on objections, in
which he found merit in the Petitioner's objection No. 7 and recom-
mended that the election be set aside and a new election held.' The
Employer filed timely exceptions to the Regional Director's report and
recommendations.
Upon the entire record in this case, the Board finds :
1. The Employer is engaged in commerce within the meaning of the
Act and it will effectuate the purposes of the Act to assert jurisdiction
herein.
2. The Petitioner is a labor organization claiming to represent cer-
tain employees of the Employer.
3. A question affecting commerce exists concerning the representa-
tion of employees of the Employer within the meaning of Section
9(c) (1) and Section 2(6) and (7) of the Act.
4. The parties stipulated, and we find, that all production and
maintenance employees employed at the Employer's East Troy, Wis-
consin, plant, including shop clerical employees and laboratory tech-
nicians, but excluding office clerical employees, guards, professional
1 In the absence of exceptions thereto , we shall adopt pro forma the Regional Director's
recommendation that objections Nos. 1 through 6 be overruled.
147 NLRB No. 60.
TRENT TUBE CO., SUBSIDIARY OF CRUCIBLE STEEL CO. 539
employees, draftsmen, timekeeper, and supervisors as defined in the
Act, constitute a unit appropriate for the purposes of collective bar-
gaining within the meaning of Section 9 (b) of the Act.
5. The Petitioner's objection No. 7 relates to a series of letters sent
to employees by the Employer prior to the election, allegedly contain-
ing threats of reprisal.
The Regional Director's investigation revealed that the Employer
sent letters to employees, dated April 5, 12, 18, and 22, attached hereto
as Exhibits A through D. The letter of April 5 discussed the details
of the election to be held on April 25, emphasizing the Employer's op-
position to unionization and stressing the benefits the employees were
now enjoying without unionization.
The Employer's letter of April 12 followed it similar pattern, also
indicating the advantages of the employees' present relationship with
management, such as steady employment and job stability, without the
possibility of strikes which have occurred in organized plants. The
letter stated that present benefits would not necessarily continue under
a union contract and that "bargaining starts from scratch." Subse-
quent communications made no further reference to the subject ad-
verted to in the quoted phrase.
The letter of April 18 discussed in more specific terms the issues
touched upon in the above letters, pointing out that a vote for the
Union is not necessarily a guarantee that there would be wage increases
and other improvements, but that the level of benefits in effect and in
the future would be subject to negotiations between the Union and the
Employer. It also emphasized that the Employer could not pay more
than its competitive position warranted and that the Union's weapon
to force unwarranted concessions would be a strike with resulting
hardship and loss of wages.
The final letter distributed on April 22, 3 days before the election,
reemphasized the stability of working conditions enjoyed by the em-
ployees and the benefits the employees had obtained without unioniza-
tion. Employees were urged to discount the "unfounded rumors"
and "off-hand remarks" being made by the Petitioner in its campaign
and were urged to vote "No" in the election.
The Regional Director's investigation further revealed that the
Petitioner also sent to employees a series of letters, attached hereto
as Exhibits E, F, and G. These letters for the most part answered
specifically the arguments against unionization posed by the Employer
and presented reasons why the employees should vote for the Peti-
tioner. The letters stressed the advantages of collective bargaining
through a chosen representative and the requirement under law for the
Employer as well as the Union to bargain in good faith, that the Peti-
540 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Gtioner was .not a "strike-happy " union , that employees would them-
selves determine by an election - conducted by -a State agency whether
,they would desire a union shop , and that union officers and committee-
men would be chosen by democratic procedures . We -note further
,that .in ,the ,Union 's final letter of April .23, on the eve of the election,
contentions made by the Employer throughout the campaign were an-
swered point by point.
Viewing the Employer 's .statements in their total context , the Re-
gional Director, re'lyingon Rein Company ( 111 NLRB 537), Dal-Tex
Optical -Company ( 137 NLRB , 1782), and Storkline Corporation (142
NLRB 875), cases in which the Board was concerned with related
types of preelection statements , was of the opinion that the letters were
"calculated to convey to the employees the danger and futility" of
their selecting the Petitioner and constituted a threat of economic loss
and reprisal which interfered with the free choice of the employees.
In reaching this conclusion the Regional Director emphasized the fol-
lowing types of information as having this -effect : ( 1) the references
to various benefits currently enjoyed by the employees ; .(2) the state-
ment that the Petitioner could not guarantee that such benefits could
continue under a collective -bargaining contract and that "bargaining
.starts from scratch",; and (3 ) the stress ,on the possibility of strikes
and.their adverse effect ,upon employees if the Petitioner were certified.
The fact that the Petitioner had an opportunity to respond in detail to
the Employer 's contentions in regard to these matters , in the opinion of
the Regional Director , did not remove the adverse impact of such
statements . Accordingly, he recommended that objection No. 7 be sus-
tained .and the above election be set aside . We do not agree.
We have read the letters of the Employer in their entirety and have
considered not only the contents therein but their timing, the op-
portunity for the Petitioner to respond , and its actual responses
thereto. Contrary to the Regional Director and our dissenting col-
leagues, we conclude .that under all the circumstances the Employer's
four letters differed in tone , context, and impact from the type of pre-
election propaganda relied upon by the Regional . Director in setting
the election aside 2 The pertinent issues of existing benefits , future
benefits, strikes, union administration , and the requirement of good-
faith bargaining were fully brought to the attention of the employees
by the respective electioneering of the Employer and the counter-
electioneering of the Petitioner . In our opinion , the Employer's
letters could clearly be evaluated by the employees as partisan
electioneering.'
2 Cf. American Greetings Corporation, 146 NLRB 1440.
5 See Allen-Morrison Sign Co ., Inc., 138 NLRB 73, 75; Seven-Up Bottling Company,
Inc., 140 NLRB 611, 613; Decorated Products, Inc., 140 NLRB 1383, 1385 ; Arch
Beverage Corporation, 140 NLRB 1385 , 1387; The Lord Baltimore Press, 145 NLRB 888.
Of. Marsh Supermarkets , Inc., 140 NLRB 899, 901-902, enfd . 327 F. 2d 109 (C.A. 7).
TRENT TUBE' CO., SUBSIDIARY OF CRUCIBLE STEEL CO. 541
The Board has held that it will not restrict the right of any party
to inform employees of "the advantages and disadvantages of unions
and of joining them" as long as such information is imparted to em-
ployees in a noncoercive manner.4 Contrary to the view of our dis-
senting colleagues, we see no basis for concluding on the facts of this
case that the employees could reasonably construe the Employer's
statements as constituting threats of reprisals by the Employer in the
event the Petitioner won the election. Accordingly, we shall over-
rule Petitioner's objection No. 7 and certify the results of the election.
[The Board certified that a majority of the valid votes was not
cast for United Steelworkers of America, AFL-CIO, and' that said
labor organization is not the exclusive representative of the employees
in the unit found appropriate.]
MEMBERS FANNING and BROWN, dissenting :
We agree with the Regional Director's conclusion that the Em-
ployer's preelection comment prevented the employees from exercis-
ing free choice. .
The Employer keynoted its entire campaign in its April 5 letter by
explicitly stating its opposition to unionism and by emphasizing the
benefits the Company provided which it asserted were "rarely found"'
elsewhere. On April 12 the employees were reminded that the advent
of the Union "cannot guarantee that present benefits will continue
under 'a Union Contract. Bargaining starts from scratek!" The
Employer again detailed several of the benefits, which the employees
currently enjoyed. In its letter of April 18, the Employer further
stressed the conditional nature of these benefits by stating that
"[u]nder the law, an employer is not obligated to continue in effect
its existing benefits if a union. becomes bargaining agent." 5 Carefully
juxtaposed with this statement was the Employer's suggestion that
the only way the"Union could enforce its demands would be to call
a strike which would cause the employees severe economic losses.
Finally, the Employer's letter of April 22 renewed its emphasis on
existing benefits and warned that although the employees had an
exceptional program and job security "under present conditions" the
future would be unpredictable "if outsiders push themselves into the
picture."
4 See Sharnay Hosiery Mills , Inc., 120 NLRB 750, 751; ' Motec Industries ; 156 NLRB
711, 712; Decorated Pro diets, supra; Oak Manufacturing Company, 141 NLRB 1323,
1326. See also Thomas v. Collins , 323 U.S. 516-532.
6 In view of this statement we cannot accept our colleagues ' assertion that "bargaining
from scratch" was not referred to after April 12 as correct in other than a meaninglessly
literal sense . Our view that the election should be set aside obviously Is not based upon
simply the literal inclusion of that phrase , but its fuse nonetheless aptly illustrates the-
tone of the Employer's campaign.
542 DECISIONS, OF NATIONAL LABOR RELATIONS BOARD
In short; the letters taken as a whole clearly contrast economic loss,
inevitability of strikes if collective bargaining were to occur, and
futility of selecting a bargaining representative with the desirable
job conditions the employees would retain if they rejected the Union.
We cannot agree that expression aimed at evoking fears of -such dire
results and forebodings of futility contributes to the registering of
an uncoerced vote. The Employer's emphasis upon "bargaining from
scratch" is a somewhat more subtle but no less potent attempt to con-
vince employees that they would avoid the dangers of financial loss
and lack of job security if they rejected the Union than was found in
Dal-Tex 6 We have recognized that the implications of an employer's
statements 'alluding to restrictions on benefits are all too clear to
employees who are aware that the employer, through its sole control of
their economic well-being, is likely to translate its preelection threats
into reality if the union is certified.
Our colleagues"heavy reliance on the Petitioner's attempts to dull
the impact of these threats is misplaced. Their recital of the "timing"
of the letters, "the opportunity for the Petitioner to respond, and its
actual responses thereto" were exactly those factors which the Board
declared to be irrelevant when the employer's campaign is based upon
threats? For such conduct by one having economic control over the
voters cannot be dissipated or abated by a response from any outside
source. By approving the Employer's statements herein, the Board
countenances the use of threats and reprisals as legitimate preelection
expression.
We agree with our colleagues that employees may-indeed they
should-be told the benefits and detriments of unionism. Such in-
formation is the basis of rational choice. But there is a difference be-
tween information and threats. The line may be difficult to draw,
but to us it is clear that this Employer's campaign was not informative
but rather was designed to indicate to employees that they could be
affected only adversely by choosing the Union. Because so much of
what the E mployer said suggested what its course of action would
be, to call it simply "electioneering" obscures its real impact. Accord-
ingly, we would direct the Regional Director to hold another election.
6 Dal-Tea Optical Company, supra. See also Marsh Supermarkets Inc., supra, foot-
note 3, where similar statements violated Section 8(a)(1) of the Act. We also see no
meaningful difference between the Employer 's "bargaining from scratch " statements made
here and those substantially relied upon in setting aside the election in General Industries
Electronics Company, 146 NLRB 1130 . Both campaigns stressed that conditions of em-
ployment could only deteriorate if employees voted for representation.
P Oak Manufacturing Company, 141 NLRB 1323: The Lord Ralliniore Press, 142
NLI B 328.
TRENT TUBE CO., SUBSIDIARY OF CRUCIBLE STEEL CO . 543
EXHIBIT A
TRENT TUBE COMPANY
subsidiary
(Crucible Steel Company of America)
Mills at East Troy, Wisconsin, Fullerton, California and Carrollton, Georgia
General Office
East Troy, Wisconsin
APRIL 5, 1963.
To ALL EMPLOYEES:
As you know, the United Steelworkers of America has filed a petition requesting
a representation election to he conducted by the National Labor Relations Board
for shop employees at East Troy. A meeting was held Thursday, April 4, with
representatives of the Union and the NLRB to arrange the details of an election
which will be held Thursday, April 25, at the plant during working hours. This will
be a secret ballot election. Only you will know how you voted.
I would like you to know the Company's position on this most important matter
which you must decide. To put it plainly, we are opposed to unionization at Trent.
We do not believe that an outsider with interests of its own is either necessary or
desirable. Any problems which we might have can be solved between ourselves as
in the past. You have enjoyed over many years high-level employment, high
annual earnings and excellent benefits. It did not take a Union to obtain these
advantages for you. The recently announced overall improvements, based on your
becoming salaried employees, provide benefits rarely found in other companies and
most certainly unavailable in this general area. This program was extended to you
as a matter of Trent policy because we believe that as a company with a common
purpose and with continued loyalty we together can maintain and improve our posi-
tion in today's highly competitive tube-fabricating market.
During the next three weeks you will hear many statements questioning our
benefits, policies and other matters affecting your job here at Trent. We cannot
permit anyone to mislead you by putting your salary, working conditions, benefits
and job security in an unfair or improper light.
We will do everything possible to give you the facts on any matter so that your
eventual decision can be based on knowledge rather than rumor.
Sincerely,
VA4&" a®O*eet
L_ d
F. E. WENZEL,
MANUFACTURER OF STAINLESS AND ALLOY TUBING EXCLUSIVELY
EXHIBIT B
TRENT TUBE COMPANY
subsidiary
(Crucible Steel Company of America)
Mills at East Troy, Wisconsin, Fullerton, California and Carrollton, Georgia
General Office
East Troy, Wisconsin
APRIL 12, 1963.
To ALL EMPLOYEES:
April 25 will be -one of the most important days you will have as an employee
at-Trent. On that day you will decide whether you-will continue to have the right
544. DECISIONS OF NATIONAL LABOR RELATIONS BOARD
and freedom to speak and act for yourself directly , or whether the United Steel-
workers of America, an outside third party , will do it . Yes, this is truly an im-
portant milestone along the way-so important to you and your family that I am
sure you are giving it much thought and careful consideration., As you think it
over, please remember that although you may have signed a card you can still vote
"No" which means for the Company and against the Union : The election will be
secret, and you have the right of free choice.
Take a few minutes to reflect and carefully weigh the advantages you now enjoy
at this plant against what you think you might gain under Union conditions . Remem-
ber,' the Union cannot guarantee that present benefits will continue under a Union
Contract . Bargaining starts from scratch!
=The Union may suggest that no harm can come from trying a Union for a while.
However, it is easier to get a Union in than it is to get rid of a Union when it does
not live up to your expectations.
As you undoubtedly realize, there are some things a Union can never do for
employees , such as providing jobs and meeting the payroll. Without the Union
the Company has provided over 40 hours of work per week ' during the last 10
years. Job stability and uninterrupted income such as this does not exist . for em-
ployees in the Basic Steel Industry who are represented by the United Steelworkers
of America. During the 10-year period I mentioned, employees represented 'by the
Steelworkers in Basic Steel were on strike for 209 days. Those employees lost
7-months' pay, and these figures do not include the numerous wildcat strikes. Wages
that these employees lost can never be made up.
It has always been one of the strongest policies of the Company to give our
employees first consideration . Larry Miller 's and my doors have never been closed
to anyone . We have always been on -hand to listen to problems or complaints. It
has always been most important to us that you receive fair and honest treatment as
an individual and as a Trent employee. We believe , also, that we have provided
you with a good place in which to work in a friendly atmosphere . This, I assure
you, remains our continuing policy.
Sincerely,
"%J
' F. E. WENZEL.
S".4.4 &400600
T
MANUFACTURER OF STAINLESS AND ALLOY TUBING EXCLUSIVELY
EXHIBIT C
TRENT TUBE COMPANY
subsidiary
('Crucible Steel Company of America)
Mills at East Troy, Wisconsin, Fullerton, California and Carrollton, Georgia
General Office
East Troy • Wisconsin
To ALL EMPLOYEES:
APRIL 18, 1963.
In my letter of April 12, I asked you to consider in connection with the April 25th
election, the benefits and conditions you enjoy- at this plant and compare them with
what some may think they will gain under a union. I briefly summarized in that
letter the favorable conditions that exist at this plant without a union. Now I want
to comment on what having ^a union means.
It is natural to assume that a change will result in improvement, but a union often
brings more problems than it alleviates. Unions are run by men and, as men, they .
TRENT TUBE CO., SUBSIDIARY OF CRUCIBLE STEEL CO. 545,
have no special gifts for curing the ills of mankind . They have the. same prejudices,
frailties and faults as do other individuals, and have no particular knack or power for
correcting real or fancied complaints in a plant.
Problems and complaints we are sure exist in every plant, and I suspect that they
exist in our plant . I can assure you these problems are as important to me as they
are to you and that I will do my very best, as I have tried in the past, to resolve them
honestly and fairly.
We know the Steelworkers have made the usual promises with regard to additional
wage increases and benefits. Of course the union can promise most anything-but
promises are cheap. Remember, the union doesn't provide jobs or meet the payroll.
Many employees voting in a National Labor Relations Board election mistakenly
assure that if they vote a union in they, are bound to get a wage increase and other
improvements. Nothing could be further from the truth. Under the law, an em-
ployer. is not obligated to continue in effect its existing benefits if a union becomes
bargaining agent. What the wages and conditions thereafter will be depend upon
the results of the negotiations between the union and the employer. The law does
not require the employer to agree to increase wages or improve benefits. The union
can obtain in negotiations only what an employer is willing to agree to give. Trent,
of course, merely because we had a union, would not agree to wages or other condi-
tions which would make our costs out of line .and our prices higher than our com-
petition . The most recent .reduction in seamless pipe prices to within 4.8% of welded
is still another reason why our costs must be controlled carefully.
The only weapon a union has to attempt to force concessions from an unwilling
employer is the strike . I don't even like to write about it, but if a union is voted
in as bargaining agent you must be willing to accept the serious possibility of a strike.
And even a strike has no guarantee of success. The strike often brings with it hard
feelings, ill will, resentment-all the things that are out of place in a community such
as ours. A strike, of course, is toughest on the employee and his family. Strikers
cannot collect unemployment insurance. Before long, bills pile up and other financial
problems appear. The pay checks lost during a strike can never be made up. You
may be told that the membership decides on whether or not to strike. But don't you
believe it. There are many strikes called against the wishes of the workers at the
plant involved . Such loss of wages is one of the serious potential disadvantages of
unionization you must weigh.
Of course, you may think that this ad the sad experiences other employees have
undergone with a union won't happen here. But why not? The only way to be sure
is to keep the union out in the first place.
But a worker stands to lose even more under a union shop. He . loses his identity,
his individual freedom, the right to speak for himself. The Union's control and in-
fluence even extend beyond the worker's relationship as an employee of the Company.
The union or. its officials even attempt to dictate the members ' political beliefs and ac-
tions. Be sure that you want to surrender yourself and your destiny to the domination
and control of the paid agents of the union before you decide to vote for it.
The union officials will claim that the union is run by the membership . But this
is true only in theory. In actual practice, the paid union officials 'and a few of the
more 'radical members determine the policy and action of the local . But that is not
all-there usually is bickering and power moves within the union over control. The
paid agents are interested in maintaining themselves on the payroll , so most of their
action is dictated by self-interest.
Finally, it should be clearly understood that the union is a business . Obviously
one of the main concerns of its representatives is to, increase. its income through the
collection of dues, fees, assessments, etc. The benefits the employees have at Trent
are enjoyed without the necessity of paying $60.00 or more -a year to any union.
Let me summarize. We will continue to treat our employees fairly under any
conditions . On the other hand , the Company will not be pressured into granting
unwarranted concessions at the demand of the Steelworkers or any other union.
The Company will withstand 'any such pressure. I do not feel that the employees
will gain by bringing the Steelworkers into this plant but, on the contrary, that they
will lose individual freedom and initiative and run the danger of strikes and violence
associated with unionization, in addition to being subject to monthly payments to the
union . I feel that friendly and peaceful relations will be better maintained without
intervention of a union, that we can accomplish more for the mutual benefit of the
Company and the employees without interference from a union, and that our em-
ployees will find disappointment and disillusionment in unionization by the Steel-
756-23G-65-vol. 147---36
546, DECISIONS OF NATIONAL LABOR RELATIONS BOARD.
workers. These are the reasons the Company opposes the union. While the grass
usually appears greener on the other side of the street, most often it is not.. Before
jumping to the other side, look and think before you leap.
I do not believe that a majority of our local employees want the Steelworkers to
be their bargaining agent and I hope this is demonstrated next week by a large "No"
vote. -
Sincerely,
F. E. WENZEL.
MANUFACTURER OF STAINLESS AND ALLOY TUBING EXCLUSIVELY
EXHIBIT D
TRENT TUBE COMPANY
subsidiary
(Crucible Steel Company of America)
Mills at East Troy, Wisconsin, Fullerton, California and Carrollton, Georgia
General Office
East Troy, Wisconsin
APRIL 22, 1963.
To ALL EMPLOYEES:
Over the past several weeks we have tried to keep you informed regarding the
NLRB election to be held on April 25. The union is waging a typical union cam-
paign in an effort to undermine your confidence in us. Unfounded rumors, off-hand
remarks, statements that aren't true, anything that might influence your vote are
being used. Do not be misled.
Back in 1951 when the same union made a strenuous effort to organize our plant
employees and was defeated, I said in a letter to Trent employees prior to the
election:
"We have had no strikes. Steady employment has been your experience
and our objective."
Today, almost 12 years later, we can say with justifiable pride that these condi-
tions have prevailed without interruption. Essentially, with few exceptions, those
who received that letter in 1951 are working at Trent today. Need we say .more
about job security?
In addition, consider what has happened recently. The salary program was
installed. This made it possible to provide other benefits including excused ab-
sence with pay; salary continuance when sick; paid health insurance; increased and
excellent life insurance coverage; a sound retirement plan; and, on top of this, a pay
increase. The whole concept was based on mutual trust and is one of few such
programs in the country.
I would like to remind you once again that the vote will be by secret ballot. If
you have signed a union card, you do not have to vote for the union; you may vote
against the union. No one will know how you vote.
It is of utmost importance, however, that all of you vote because it is the majority
of you that vote that will count-not the majority of those of you who have the
right to vote. If you don't vote, you may be very sorry that the result of the elec-
tion will be against your wishes; therefore again I urge each and everyone of you
to vote.
We have had in this company an unusually fine relationship-you don't want to
spoil it and neither do we. You know what you have now and what you will con-
TRENT. TUBE. CO., SUBSIDIARY OF CRUCIBLE STEEL CO. 547
tinue to have under present conditions . No one can foretell what the situation will
be if outsiders push themselves into the picture.
VOTE at the election . VOTE "NO."
Sincerely,
F. E. WENZEL.*
%&*" 8400668
IAA
MANUFACTURER OF STAINLESS AND ALLOY TUBING EXCLUSIVELY
DAVID J. McDONALD
PRESIDENT
EXHIBIT E'
I. W. ABEL
SECRETARY-TREASURER
UNITED STEELWORKERS OF AMERICA
WALTER J. BURKE
DIRECTOR
Broadway 6-2781
To All Trent Tube Employees,
East Troy, Wisconsin.
DEAR TRENT TUBE EMPLOYEE:,
. District 32
MILWAUKEE 3, Wis.
April 17, 1963
HOWARD R. HAGUE
VICE- PRESIDENT
308 Welch Building
714 W. Wisconsin Ave.
Pursuant to the urgent request of a large group of your fellow workers, the United
Steelworkers of America has petitioned the National Labor Relations Board on your
behalf. As a result of this petition, a secret ballot Representation Election will be
conducted at your plant by agents of the Board, on April 25th, 1963.
If you are one of the overwhelming majority of Trent Tube employees who
has signed a Steelworkers application card, we wish to thank you for your support.
You have demonstrated a willingness to help yourself and those with whom you
work, to achieve economic justice and greater job security through collective bargain-
ing. If you have not as yet signed a membership application card, we urge you to
do so. An application card can be obtained from any number of employees with
whom you work.
Your Company has started its usual anti-union letter-writing campaign, supple-
mented with personal "interviews". The contents of these letters is being carefully
studied, and you may be sure that at an appropriate time the record will be set
straight.
Don't be deceived by the boss's self-serving, admittedly anti-union propaganda.
This is your organizing campaign. The Union which results will be your Union.
Keep up the good work, and most assuredly an overwhelming victory will be achieved
on Election day, April 25th.
Sincerely yours,
WALTER J. BURKE, Director, Dist. #32
United Steelworkers of America
JOSEPH G. SCHUESSLER, Representative
WJB:jg United Steelworkers of America
548 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
EXHIBIT F
TRENT TUBE EMPLOYEE 'S VOLUNTARY ORGANIZING
COMMITTEE
4/22/63
To All Trent Tube Employees
East Troy, Wisconsin
DEAR FELLOW EMPLOYEE:
As many of you know-the movement to organize a Local Union to speak on be-
half of all the bargaining unit employees of the Trent Tube Company was started by
a group of your fellow workers.
Our reason for contacting the United Steelworkers Union, rather than forming
an independent union , was based on the fact that it is necessary to have trained
personnel to represent us in matters pertaining to contract negotiations, processing
our grievances, legal advice, and other such vital matters. The Company has such
people, so why shouldn't we? We again want to emphasize that we asked for the help
and advice of the United Steelworkers Union . It is not, as the Company states in its
letter, a case of "an outsider with interests of its own" trying to come in and run our
affairs! The United Steelworkers of America is truly a democratic Union and our
Local Union will head up nand run its own ,affairs. This we made sure of before we
asked for Steelworkers' help!
The references by the Company in their letter to the high-level of employment
(they neglect to mention the two big lay-offs we had in the past), high earnings
and benefits we have, were made possible because of the many years in which the
United Steelworkers negotiated a Master Agreement for all Crucible Steel Divisions
they represent. There also have been previous organizational attempts by the
Steelworkers Union at our own East Troy Plant, which undoubtedly had a strong
influence on Trent Tube's labor policy. A close examination, however, of our condi-
tions compared to those in our parent Company-Crucible Steel-will show that in
many areas we have been short changed.
We, the Trent Tube Shop Organizing Committee, ask, if it is the policy-"of
the Company to give our employees first consideration"-as they state in their
letter, why was the Employees' Profit-Sharing Plan arbitrarily discontinued with
no consultation with us, or consideration for our feelings in this vital matter?
The Company's letter leads us to believe we presently resolve our differences
through mutual discussion, but this has not proven true. How many of you are
aware of the important changes the Company has made in the original 'Profit-
Sharing Plan effective September 30, 1944, which are incorporated in the "Restated
Employees' Profit Sharing Trust" (which you were not informed of), effective
November 1, 1959? We refer, for example, to such things as the manner in which
your money is now invested. In the original Plan, 70% of the trust fund had to be
invested in Government Bonds or cash. This has been changed! We also wonder
how much consultation there will be, or what consideration the Company will give
us relative to the manner in which our money will finally be disbursed from the trust
fund? We have discussed these problems with well-informed representatives of the
Steelworkers Union, and have been assured that if chosen as our representative,
the Union will do everything legally possible, through collective bargaining or in
court if necessary, to help us secure fairness and justice.
A close examination of the Company's past action in such matters as the handling
of promotions and lay-offs, will show their actions were not always in the best
interest of the senior employee. Also, the one-sided decisions the Company makes,
such as giving us a Profit Sharing Plan-then taking it away changing us from
an hourly rate to monthly salary, with.its dubious benefits--cause many of us to
wonder! Even now there are Tumors that we will be back on an hourly basis in the
near future.
If we had a strong Local Union, with our own Union Contract, it will be a matter
of collective bargaining on such matters-it will give us the security we need, to
know where we stand from one day to the next.
The Company would lead you to believe if you vote for a Union you will be on
strike often. This is not true! 'We. made a close check on this situation, because
we are just as interested as you are. We have determined that before the plant
could be shut down, Wisconsin State, Law requires a secret ballot vote would have
to be taken, with a majority voting to strike, before strike action could take place.
The record in Wisconsin clearly shows that the Steelworkers Union has always com-
plied with this law.
TRENT TUBE CO:, SUBSIDIARY OF CRUCIBLE STEEL CO . 549
The United Steelworkers Union has pioneered in establishing Human Relations
Committees in the Basic Steel Industry. This has already proven fruitful in creating
more peaceful negotiations, where both parties give due consideration to each others
problems, and an Agreement is reached without a work stoppage. The recent con-
cluded, nationally hailed, Kaiser Steel Agreement is an example of this trend.
Once again, we repeat, this is our own organizing program-started and carried
out by us, and not by an outsider with interests of its own, so-lets get behind our
organization and vote for the Union and show the Company we stand solidly
together.
DAVID J. McDONALD
PRESIDENT
WALTER J. BURKE
DIRECTOR
Broadway 6-2781
To All Employees
Trent Tube Company
East Troy, Wisconsin
Fraternally yours,
TRENT TUBE ORGANIZING COMMITTEE.
elox^A a. 9,
EXHIBIT G
I. W. ABEL HOWARD R. HAGUE
SECRETARY -TREASURER VICE-PRESIDENT
UNITED STEELWORKERS OF AMERICA
• District 32
MILWAUKEE 3, Wis.
April 23, 1963
308 Welch Building
714 W. Wisconsin Ave.
GREETINGS:
During the past five or six weeks, it has been my pleasure to meet and talk per-
sonally with many of you about your desire to bring collective bargaining to your
plant through the United Steelworkers of America. I have tried to give you honest
answers to your questions concerning our Union, and in the process, have learned a
great deal about the problems which face you on the job.
We now stand on the eve of an N.L.R.B. election, in which, by secret ballot, you
will be afforded an opportunity to choose the Steelworkers Union as your collective
bargaining representative. If you vote "Yes" for the Union, as I feel most of you
will, you will then be able to join with employees of your parent organization,
Crucible Steel Company of America, in exercising the right to bargain collectively
with your employer on wages, hours and conditions of employment. Many thou-
sands of Crucible Steel employees now belong to, and enjoy the benefits of good
Labor-Management relations, through the United Steelworkers of America.
Without a Union, you must continue to receive only those benefits which the Com-
pany may see fit to give you. Worse than this, you will be subject to the possibility
of continuing changes in your existing working conditions and benefits, made by the
Company without consultation, or respect for your wishes. On the basis of what
550 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
many of you have told me relative to your feelings-concerning this one-sided activity
:by your employer, I am confident that the vote will be for the Union by a substantial
majority.
- As election day drew near, Management Representatives at your plant shifted into
high gear. with a deluge of anti-union propaganda, composed largely of gratuitous
statements concerning the civils of Trade Unionism, as -they see them. This at-
tempted "snow job" by your boss was predicted in my discussions with you many
weeks ago . - Now it has come to pass. -
An early Company letter, dated April 5, 1963, contains a flat, clear statement
which should provide an understandable explanation for the anti-union tone of all
Company letters you have received. -That statement in the second paragraph of
the April 5th letter reads: "To put it plainly, we are opposed to unionization at
Trent". How much clearer can one be? Certainly, if you are opposed to some-
thing, you fight it! That is exactly what your employer is doing. Such a blind,
unreasoning attitude results in the kind of anti-union propaganda which bears no
relation to the truth, and concerns itself not one bit with the facts. This is the kind
of propaganda you have been receiving.
We have made no wild promises with regard to future wage increases and benefits.
Yet the Company says we have. We have continually told you that you will make
decisions in those areas, and we will be governed by them. The Company knows
this, but ignores the facts.
Our Union is not a strike happy Union. Only you by secret ballot'vote, can call
a strike at your plant! This is a requirement of the Wisconsin-State Law, and
one which the United Steelworkers Union has always observed. Yet the Company
would have you believe differently. We say the facts speak for themselves.
It is true, the law does not require an employer to grant all the requests made by
you through a Union. But the law does require a Company to recognize and
bargain in good faith with a Certified Union, as the representative of all employees
in a collective bargaining unit. If you choose the Steelworkers as your representa-
tive, we will see to it that your Company lives up to its legal obligations.
As to the "horrors" of a Union Shop referred to by the Company, the record
clearly shows that hundreds of thousands of employees, just like you, working in
all kinds of plants throughout America, have freely chosen, and willingly maintained,
a Union Shop provision at their plant. The important thing to know and remember
is that you and only you can vote for and maintain a Union Shop at East Troy. This
again requires, under Wisconsin State Law, a secret ballot election, conducted by rep-
resentatives of the Wisconsin Employment Peace Board, a state agency. Through
such an election you have the exclusive power to obtain or reject a Union Shop.
When your Local Union is chartered, you will elect, by secret ballot, your own
officers and committeemen. Only employees of Trent Tube, who are members of
the Union will vote in this election. There will be no interference from so-called
"outsiders". When elected, your locally chosen officers will, subject to your
mandates, run the affairs of your Union. The Company's statement that "outsiders"
will take over is utterly ridiculous. National Labor Laws, as well as the International
Unions' Constitution, do not permit this. You will definitely run.your own affairs!
I could go on . . . and on, giving reply to additional wild, irresponsible statements
of your Company's spokesman, but do not intend to do so,,because I do not wish
to insult ' your intelligence . I have addressed myself to the major points in the
barrage of anti-union propaganda put out by the Company, and am willing to rely
on your common sense and good judgment for a final decision on.election day. I
don't believe that very many of you will be confused by the Company smoke screen,
and am looking forward to working with you toward the solution of your problems
after election day.
Thank you for your kindness and courtesy, and the many fine friendships which I
have been able to establish among you.
Sincerely,
JGS:jg - JOSEPH G. SCHUESSLER