Crucible Steel Co. of America

National Labor Relations Board - Board Decisions

Aug 27, 1942

43 N.L.R.B. 730 (N.L.R.B. 1942)

In the Matter of CRUCIBLE STEEL COMPANY OF AMERICA AND ITS SUB-
SIDIARY , NATIONAL DRAWN STEEL COMPANY, INC., and UNITED
STEELWORKERS OF AMERICA
Case No. R-4097.-Decided gugiist 27, 19V
Jurisdiction : steel manufacturing industry.
Investigation and Certification of Representatives : existence of question: re-
fusal to accord petitioner recognition; contract which appeared to corer only
members of petitioning organization, and which was terminable upon 10 days
notice by Company, held no bar; election necessary.
Unit Appropriate for Collective Bargaining : All production and maintenance
employees in all plants, excluding foremen in charge of. any classes of labor,
office clerical workers, guards or watchmen, and salaried employees ; stipu-
lation as to.
Mr. Henry Shore, for the Board. -
Reed, Smith, Shaw and McClay, of Pittsburgh, Pa., by Mr. John
0. Bane, Jr., for the. Companies.
Mr. Eugene Cotton, of Washington, D. C.,'for the Union.
Mr. Joseph E. Gubbins, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
.Upon petition and amended petition duly filed by United Steel-
workers of America, affiliated with the C. I. 0., herein called the
Union,I alleging that a question affecting commerce had arisen con-
. cerning the representation of employees of Crucible Steel Company
of America,.New York City, and its subsidiary, National Drawn Steel
Company, Inc.,' East Liverpool, Ohio, herein collectively called the
Companies, the National Labor Relations Board provided for an ap-
propriate :hearing upon due notice before J. J. Fitzpatrick,, Trial
Examiner. Said hearing was held at Pittsburgh, Pennsylvania, on
July 30, 1942. The Companies and the Union appeared, participated,
and,were afforded full opportunity to be heard, to examine, and cross-
3 At the hearing, without objection, the Trial Examiner granted a motion by the Union
that the papers in this proceeding be amended to show 4ts present name, United Steel-
workers of America, in lieu of its former name, Steel Workers Organizing Committee.
43 N.L:R B, No. 111.
730 '
CRUCIBLE STEEL C0MPANY OF AMERICA 731
examine witnesses, and to introduce evidence bearing upon the is-
sues. The ,Trial Examiner's rulings made at the hearing are free.
from prejudicial error and are hereby affirmed. Thereafter the Com-
panies filed a brief which the Board has considered:
Upon the entire record in the case, the Board makes the-following :
FINDINGS OF FACT
I..THE BUSINESS OF THE COMPANIES
Crucible Steel Company of America is a New Jersey corporation
engaged in the manufacture of steel. It operates plants at Midland,
Pittsburgh, and McKees Rocks, Pennsylvania ; at Harrison and Jer-
sey City, New Jersey; and three plants at Syracuse, New York.
National Drawn Steel Company, Inc., an Ohio, corporation, is a
wholly owned subsidiary of the Crucible Steel Company of America,
and operates a steel manufacturing plant at East Liverpool, Ohio.
The total sales of the plants operated by the Companies during recent
months have been in excess of $100,000,000. Their total shipments of
steel and steel products during recent months have been- in excess of
7,000 tons per month. More than half of the steel products made at
each of these plants moves in interstate commerce and more than 30
percent of the raw materials used, which amount to about 30,000 tons
per, month, moves in interstate commerce to' the plants. The Com-
panies' plants are engaged entirely in war production. '
H. THE ORGANIZATION INVOLVED
United Steelworkers of America and Locals Nos. 1209, 1276, 1277,
1291, 1339, 1420, 1802, 2194, and 1212 thereof are labor organizations
affiliated with the Congress of Industrial Organizations, admitting to
membership employees of the Companies.
III. THE QUESTION CONCERNING REPRESENTATION
At various times during, the, years of 1941 and,, 1942• the Union
requested the Companies to recognize it as the exclusive representa-
tive of their employees, but the Companies have denied these re-
quests. The Companies have stipulated that the Union represents a
substantial number-of employees in the unit hereinafter found to be
appropriate. ' The Companies moved to have the petition dismissed,
claiming that an existing contract between the Companies and the
Union contains all the necessary requirements for the purpose of col-
lective bargaining. The Companies further maintain that the present
contract has been working acceptably silice 1937 and that the -Com-
732 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
panies are not bargaining or threatening to bargain with any other
.labor organization. It appears, however, that the contract covers'
members of the Union only and, can be canceled by the Companies
upon giving 10 days' notice to the Union.
We find that a question affecting commerce has arisen concerning
the representation of employees of the Companies, within the mean-
ing of Section 9 (c) and Section 2 (6) and (7) of the National Labor
Relations Act.
IV. THE APPROPRIATE UNIT
We find, in accordance with a stipulation of the parties, that all
production and maintenance employees of the Companies in all their
steel manufacturing plants, excluding foremen in charge of any
classes of labor, office clerical workers, guards or watchmen, and,sal-
aried employees, constitute a single unit appropriate 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 period immediately preceding the date of the Direction of Elec-
ti on 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 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 purpose of collective bargain-
ing with Crucible Steel Company of America, New York City, and
its subsidiary, National 'Drawn Steel Company; Inc., East Liverpool,
Ohio, 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
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 in the unit found ap-
propriate in Section IV above, who were, employed during the pay-
CRUCIBLE STEEL COMPANY OF AMERICA 733
roll period immediately preceding the date of this Direction of
Election, including employees who did not work during such pay-
roll period because they were ill or on vacation or in the active mili-
tary service or training of the United States, or temporarily laid'
off, but excluding employees who have since quit or been discharged
for cause, to determine whether or not they desire to be represented
by'United Steelworkers of America, affiliated with the C. I. 0., for
the purposes of collective bargaining.
• CHAIRMAN, MILLIs -took no part in the,consideration of the above
Decision and_ Direction of Election.
I