Edgewater Steel Co.

National Labor Relations Board - Board Decisions

May 8, 1945

61 N.L.R.B. 1006 (N.L.R.B. 1945)

In the Matter of EDGEWATER STEEL COMPANY and UNITED STEEL-
WORKERS OF AMERICA, CIO
Case No. 6-R-1113.-Decided May 8, 1945
Messrs. C. M. Thorp, Jr., and D. S. Bell, both of Pittsburgh, Pa.,
for the Company.
Mr. S. Harold Grossman, of Tarentum, Pa., Mr. Stanley I. Brown-
ing, of Verona, Pa., and Mr. Phillip M. Curran, of Pittsburgh, Pa.,
for the Union.
Miss Helen Hart, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by United Steelworkers of America,
CIO, herein called the Union, alleging that a question affecting com-
merce had arisen concerning the representation of employees of Edge-
water Steel Company, Oakmont, Pennsylvania, herein called the
Company, the National Labor Relations Board provided for an
appropriate hearing upon due notice before Allen Sinsheimer, Jr.,
Trial Examiner. Said hearing was held at Pittsburgh, Pennsyl-
vania, on March 20, 1945. The Company and the Union appeared
and participated.' All parties were afforded full opportunity to be
heard, to examine and cross-examine witnesses, and to introduce evi-
dence bearing on the issues. At the hearing the Company moved to
dismiss the petition and the Trial Examiner referred the motion to
the Board. For reasons set forth hereinafter, the motion is denied.
The Trial Examiner's rulings made at the hearing are free from
prejudicial error and are hereby affirmed. All parties were afforded
an opportunity to file briefs with the Board.
Upon the entire record in the case,' the Board makes the following:
'Edgewater Employees Independent Union was served with Notice of Hearing but failed
to appear.
2 Subsequent to the hearing , the parties filed with the Board a stipulation to correct the
record in certain respects . The record is corrected accordingly.
61 N L. R B., No. 161).
1006
EDGEWATER STEEL COMPANY
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
1007
Edgewater Steel Company, a Pennsylvania corporation with its
principal office and place of business in Oakmont, Pennsylvania, is
engaged in the manufacture of steel products, principally consisting
of locomotive tires, rolled steel railroad wheels, rolled steel rings, and
ring springs. During the year 1944, the Company purchased raw
materials amounting in value to approximately $6,000,000, of which
about 35 percent was shipped to the Company's Oakmont plant from
points outside the Commonwealth of Pennsylvania. During the same
period the company produced finished products valued in excess of
$13,000,000, of which approximately 70 percent was shipped from the
Company's Oakmont plant to points outside the Commonwealth of
Pennsylvania.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
. United Steelworkers of America, affiliated with the Congress of
Industrial Organizations, is a labor organization admitting to mem-
bership employees of the Company.
III. THE QUESTION CONCERNtN' G REPRESENTATION
The Company refuses to recognize the Union as the collective bar-
gaining representative of certain of its employees.
The Company contends that no election should be directed at this
time for the reason that an election was conducted by the Board on
July 19, 1944, in which the Union failed to obtain a majority of the
votes cast.3 In the present case, the Union has submitted designa-
tions dated subsequent to the July election which indicate it represents
a substantial number of the Company's employees in the unit it alleges
to be appropriate,4 these designations reflect a proportional increase
in interest over that indicated by the results of the July election,5
and almost 10 months have elapsed since that election. Under these
circumstances, we believe that the policies of the Act will best be
effectuated by directing another election at this time.e
3 See Matter of Edgewater Steel Company, 56 N L R. B 1778
4 The Field Examiner reported that the Union submitted 615 authorization cards bearing
apparently genuine signatures , of which 494 cards contained names which were listed on
the pay roll of March 3 , 1945 ; that 11 of these cards were dated prior to the election, 46
were undated , and 558 dated since the election By stipulation, the Company and the
Union agreed that at present there are 963 persons in the alleged appropriate unit
6 Forty-five percent of the employees in the alleged appropriate unit signed cards dated
subsequent to the first election which checked with the pay roll of March 3, 1945. In the
July election , the Union polled only 41 percent of the total number eligible to vote
3 Matter of Vermont Copper Company , Inc., 59 N. L. R B. 853, Matter of Columbia
Aircraft Corporation, 60 N. L R B. 257.
1008 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
We find that a question, affecting commerce has arisen concerning
the representation of employees of the Company, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
The Union and the Company agree that the production and mainte-
nance unit established by the Board in the previous proceeding affect-
ing the Company's employees is appropriate.7 Disagreement arises
over the question of whether or not certain employees have authority
comparable to that of foremen, a group excluded from the unit. The
Company classifies C. C. Moore, Frank Mitchell, Robert Haskins, and
Leroy Nail, employees in the electrical department, and A. M. Fesce-
meyer, W. F. Glew, J. D. Curran, and Harold Nelson, employees in
the mechanical department, as gang leaders, a category included in
the unit ; it contends that they should be accordingly included. It
classifies A. Arango and A. M. Haney, as electrician and oiler respec-
tively, and therefore also requests their inclusion. The Union main-
tains that all these employees are foremen , in fact, and asks for their
exclusion. Uncontradicted testimony indicates that the employees
above-mentioned classified by the Company as gang leaders are more-
experienced employees who direct other men on specific jobs, but who
have no authority to hire or discharge their assistants or effectively
recommend such action. We shall include them. Arango and Haney
are also highly skilled employees who may on certain jobs act in a
capacity similar to that of a gang leader. They, too, lack authority
to alter the status of an employee and we shall include them in the
unit s
We find that all production and maintenance employees ° of the
Company at its plant at Oakmont, Pennsylvania, including truck
drivers, loadmen, watchmen, lay-out men, stencilers, janitors, the first
janitor, checkers, toolroom attendants, powerhouse attendants, loco-
motive engineers , elevator operators, trainers , servicemeii," laboratory
employees, weighmen , and gang leaders," but excluding the chief in-
spector, timekeepers, all plant guards, recorders (production record-
'' Matter of Edgewater Steel Company , cited in footnote 3, supra.
8 A chart drawn by the superintendent of the electrical department was introduced into
evidence by the Union This chart classified C. C. Moore, Frank Mitchell , Robert Haskins,
Leroy Nail, A. Arango and A. M Haney as foremen. However , it was not authorized by
the Company.
9 Including A. Arango and A. M. Haney ; F. w' Meckel and C F. Park are also included
in accordance with the agreement of the parties.
10 Including W. F King, in accordance with the unopposed request of the Company, and
Arthur Bollinger , pursuant to the stipulation of the parties.
11 Including the gang leaders in the mechanical department , A. M Fescemeyer, W. F.
Glew, J. D Curran , and Harold Nelson ; and the gang leaders in the electrical department,
C. C. Moore, Frank Mitchell, Robert Haskins, and Leroy Nail.
EDGEWATER STEEL COMPANY 1009
ers),12 clerical employees, superintendents,13 assistant superintendents,
foremen '14 and all supervisory employees with authority to hire, pro-
mote, discharge, discipline, or otherwise effect changes in the status
of employees, or effectively recommend such action, constitute a unit
appropriate for the purposes of collective bargaining within the mean-
ing of Section 9 (b) of the Act.15
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-
tion herein, subject to the limitations and additions set forth iii 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 Rela-
tions Act, and pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 3, as amended, it is
hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Edgewater Steel
Company, Oakmont, 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 supervision
of the Regional Director for the Sixth Region, acting in this matter
as agent for the National Labor Relations Board, and subject to Ar-
ticle III, Sections 10 and 11, of said Rules and Regulations, among
the employees in the unit found appropriate 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 the said pay-roll period because they were ill or on vacation or
temporarily laid off, and including employees in the armed forces of
the United States who present themselves in person at the polls, but
excluding any who have since quit or been discharged for cause and
have not been rehired or reinstated prior to the date of the election,
to determine whether or not they desire to be represented by United
Steelworkers of America, CIO, for, the purposes of collective
bargaining.
32 Including Harry Overbeck, by agreement of the parties.
13 Including A. W. McAuley, by agreement of the parties.
14 Including Louis Aiello, A. Ambler and J. Miller, in accordance with the parties' agree-
ment.
1' This is the same unit found appropriate by the Board in the previous case involving
the Company's employees.