Crucible Steel Co. of America

National Labor Relations Board - Board Decisions

Nov 27, 1942

45 N.L.R.B. 812 (N.L.R.B. 1942)

In the Matter Of CRUCIBLE STEEL COMPANY OF AMERICA, AND ITS SUB-
SIDIARY, CRUCIBLE FUEL COMPANY and NATIONAL MARINE ENGINEERS
BENEFICIAL ASSOCIATION, AFFILIATED WITH THE C. I. O.
Case No. R-4.313.Decided November ^7, 194
Jurisdiction : coal'inining industry.
Investigation and Certification of Representatives : existence of question: re-
fusal to accord union recognition;, election necessary
Unit Appropriate for Collective Bargaining : all licensed engineers employed on
river boats of Company.
Definitions : a parent corporation, owning all the stock of a subsidiary corpora-
tion, and exercising substantial control over its business and labor policies held
to be itself an employer of the employees of the subsidiary within the meaning
of the Act.
Messrs. Reed, Smith , Shaw and McClay , by Mr. Nicholas Unkovic,
of Pittsburgh , Pa., for Crucible Steel and the Company.
Mr. W. H . Griffith, of Pittsburgh , Pa., for the Union.
Mr. Sidney L. Davis, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by National Marine Engineers Beneficial
Association, affiliated with the C. 1. 0.1 herein called the Union, alleging
that a question affecting commerce had arisen concerning the repre-
sentation of employees of Crucible Steel Company of America, New
York City, herein called Crucible Steel, and its subsidiary, Crucible
Fuel Company, Pittsburgh, Pennsylvania, herein called the Company,
the National Labor Relations Board provided for an appropriate hear-
ing upon due notice before W. G. I Stuart Sherman, Trial Examiner.
Said hearing was held at Pittsburgh, Pennsylvania, on September 25,
1942. Crucible Steel, the Company, and the Union appeared, partici-
pated, and were afforded full opportunity to be heard, to examine and
cross-examine witnesses, and to introduce evidence bearing on the is-
sues. During the hearing counsel for Crucible Steel and the Company
45 N. L. R. B., No. 122.
812
CRUCIBLE STEEL COMPANY OF AMERICA 813
moved to dismiss the petition insofar as it named Crucible Steel as a
party. ` Counsel further moved that the petition be dismissed on the
ground that the Board lacked jurisdiction. The Trial Examiner re-
served his ruling on both motions. The motions are hereby denied. The
Trial Examiner's rulings made at the hearing are free from prejudicial
error, and are hereby affirmed.
Upon the entire record in the case, the Board makes the following :
i FINDINGS OF FACT
1. THE BUSINESS OF CRUCIBLE STEEL AND THE COMPANY
Crucible Steel Company of America is a New Jersey corporation
engaged in the manufacture of steel. It operates. plants in Pennsyl-
vania, New Jersey, and New York and is engaged in commerce, within
the meaning of the Act.'
Crucible Fuel Company is a Pennsylvania corporation, with its prin-
cipal offices at Pittsburgh, Pennsylvania. It is engaged in mining and
transporting coal by river boats from the Company's mines located at
Crucible and Glassmere, Pennsylvania, to the plants of Crucible Steel
located at Midland and Pittsburgh, Pennsylvania. Almost all of the
raw materials used in the operation of the Company's river boats are
purchased within the State of Pennsylvania. Practically all of the
coal mined by the Company, amounting to approximately 105,000 tons
per month, is shipped to the Midland and Pittsburgh, Pennsylvania,
plants of Crucible Steel.
The Company is a wholly owned subsidiary of Crucible Steel.,. The
Company and Crucible Steel have the same principal officers. Three
of the five directors of the Company serve on the Board of Directors of
Crucible Steel. The director of labor relations for Crucible Steel also
advises the Company concerning its labor relations policy. It is plain,
and we find, that Crucible Steel as well as the Company is the employer
of the employees involved herein, within the meaning of Section 2 (2)
of the Act 2
In the above-described operations Crucible Steel and the Company
are engaged in commerce, within the meaning of the Act.3
' Matter, of Crucible Steel Company of America and its subsidiary, National Drawn Steel
Company . Inc and United Steelworkers of America, 43 N. L. R. B 730.
2 See Matter of Todd Shipyards Corporation, Robbins Dry Dock and Repair Co., and
Ttetjen and Lang Di I/ Dock Co. and Industrial Union and Marine and Shipbuilding Workers
of America, 5 N. L R. B 20; Matter of Chrysler Detroit Company, and Chrysler Corpora-
tion and International Union, United Autolmobile , Aircraft, and Agiicultnral Implement
Workers of America , affiliated with the C I. 0 .38 N. L. R B 313.
' Cf N L R B. v. Fauiblatt, 306 U S. 601, and cases cited therein.
We find,no merit in the contention of counsel for Crucible Steel and the Company that
the Board lacked jurisdiction in the instant proceedings in view of the fact that in 1040
the National Maritime Union of America which had then filed a petition with the Board,
with respect to employees of the Company, was permitted thereafter to withdraw its
petition . that the National Maritime Union thereafter petitioned the Pennsylvania Labor
814 DECISIONS OF 'NATIONAL LABOR RELATIONS BOARD
II. THE ORGANIZATION INVOLVED
National Marine Engineers Beneficial Association is a labor organ-
ization affiliated with the Congress of Industrial Organizations,
admitting to membership employees of -the Company.
III. THE QUESTION CONCERNING REPRESENTATION
In August 1941, the Union requested the Company to recognize it
as exclusive bargaining representative of the licensed engineers em-
ployed on the Company's river boats. The Company failed to accede
to the Union's request.
A statement of the -Regional Director introduced at the hearing
shows that -the Union represents a substantial number of employees
in the unit hereinafter found' to be appropriate.'
We find that a question affecting commerce has arisen concerning
the representation of employees of Crucible Steel and the Company,
within the meaning of Section 9 (c) and Section 2 (6) and (7) of the
Act.
IV. THE APPROPRIATE UNIT
The Union contends, the Company-does not object, and we find that
all licensed engineers, employed by Crucible Steel and the Company
on the river boats of the Company, constitute a 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 our Direction of
Election herein, subject to the limitations and additions set forth in
said 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 Rela-
tions Act, and pursuant to Article III, Section 9, of the National
Relations Board to investigate the matter and, after hearing, was certifled on May 7, 1941,
by the Pennsylvania Board as collective bargaining representative of the employees of the
Company. The power to determine the lawfully selected bargaining representative of
employees is vested exclusively in the Board . Fur Workers Union v. Zirkin, 105 F (2d) 1
(App. D. C.), affirmed 308 U. S. 522.
4 The Regional Director reported that the Union submitted four membership application
cards , all of which bear names of persons on the Company's pay roll of June 15, 1942.
There are four employees in the unit hereinafter found to be appropriate.
CRUCIBLE STEEL COMPANY OF AMERICA 815
Labor Relations 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 Crucible ' Steel
Company of America, New York City, and its subsidiary, Crucible
Fuel Company, Pittsburgh, Pennsylvania, an election by secret ballot -
shall be conducted as early as possible,,but not later than thirty (30)
days from the date of this Direction, under the direction and super-
vision 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 10, of said Rules and Regulations, among the
employees' in the unit found appropriate in Section IV, above, who
were employed during the pay-toll 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 in the
active military service or training of the United States, or temporarily
laid off, but excluding employees who have since quit or been dis-
charged for cause, to determine whether or not they desire to be rep-
resented by National Marine Engineers Beneficial Association,
affiliated with the Congress of Industrial Organizations, for the pur-
poses of collective bargaining.