General Steel Products Corp.

National Labor Relations Board - Board Decisions

May 21, 1948

77 N.L.R.B. 810 (N.L.R.B. 1948)

In the Matter of GENERAL STEEL PRODUCTS CORPORATION, EMPLOYER
and LOCAL 365, UAW-CIO, PETITIONER
Case No. 2-R-6900
SUPPLEMENTAL DECISION
ORDER
AND
DIRECTION OF ELECTION
May 21,1948
On December 30, 1946, pursuant to a Decision and Direction of
Election 1 issued by the Board on December 6, 1946, an election by
secret ballot was conducted under the direction and supervision of
the Regional Director for the Second Region . Upon the conclusion
of the election , a Tally of Ballots was furnished the parties. The
Tally shows that there were approximately 126 eligible voters and
that 113 ballots were cast , of which 45 were for the petitioner, 58 for
the General Steel Products Employees Association , herein called the
Association , 1 for neither, and 1 void, and there were 8 challenged
ballots.
On January 3, 1947, the Petitioner filed objections to the conduct
of election . On April 17, 1947, the Regional Director issued a Report
on Objections , to which the Employer filed timely exceptions. On
June 9, 23, and 24, 1947, a hearing was held at New York City , before
William F. Scharnikow , hearing officer , upon the issues raised by the
Regional Director's report and the Employer 's exceptions.2
Pursuant to the provisions of Section 3 (b) of the National Labor
Relations Act, the Board has delegated its powers in connection with
this case to a three -man panel consisting of the undersigned Board
Members.*
The Petitioner alleges , in substance, that the Employer negotiated
with the Association and reached an agreement upon substantial pro-
visions to be incorporated in a written contract , while this represen-
tation proceeding was pending before the Board.
171N L.R B 986.
'The issue before the Board relates to only one of the Petitioner's seven objections, the
Regional Director having found merit only in the Petitioner's fifth objection.
*Chairman Herzog and Members Murdock and Gray
77 N. L. R. B., No. 137
810
GENERAL STEEL PRODUCTS CORPORATION 811
The Petitioner filed its petition on August 1, 1946. The original
hearing in this case was held on September 16, 1946, and, as stated
above, the Board issued its Decision and Direction of Election on
December 6, 1946. The record shows that new officers of the Asso-
ciation were elected on November 25, 1946, and that shortly there-
after a proposed new agreement with the Employer was prepared
by counsel for the Association, and presented to the Association
membership at a meeting held on the Employer's premises on Decem-
ber 2, 1946. At this meeting the terms of the proposal were amended
by the members, who directed their officers to begin negotiations
looking towards a contract, containing the amended proposals, to begin
December 16, 1946. On December 6, 1946, the Association's commit-
tee, including Camillo Bombardiere, its president, and George
Baroccio, its secretary, met with the Employer's president, Thomas
F. Kearns, and other employer representatives. The record clearly
establishes that, although no new contract was signed, some of the
demands made by the Association were granted by the Employer at
that time. 3 On December 27, 1946, the Friday preceding the Monday
on which the election was held, a circular referring to the Association's
success in securing concessions was distributed to the employees of
the Employer. It stated, in part:
" - We had a contract ending 1946 didn't we? - When it was
time to discuss a new contract, we didn't have to go on strike to get
what we asked for did we?"
. We find that the Employer did, in fact, negotiate with and make
concessions to one of two rival unions during the pendency of the
representation proceeding before this Board, and that the results of
these negotiations were made known to the employees of the Employer
3 days before the Board-conducted election. We believe that in these
circumstances the election did not represent a free choice by the
employees.4 We shall, therefore, set the election aside, and direct
that a new election be held.
ORDER
IT IS HEREBY ORDERED that the election held on December 30, 1946,
among employees of General Steel Products Corporation at its Long
Island City and Flushing, New York, plants, be, and it hereby is,
vacated and set aside.
3 Boraccio and Bombardiere testified that some changes in the existing contract were
accepted by the Employer . Kearns admitted that an agreement was reached on December
6 concerning pay for "overtime in a week of a paid holiday ," and it appears from
Boraccio ' s time cards , introduced as an exhibit , that such an agreement was actually put
into effect shortly afterward
4 Matter of Minnesota Mining & Manufacturing Company, 61 N L R B 697 Cf. Matter
of Elastic Stop Nut Company , 51 N. L. R. B 694 , Matter of Continental Oil Company,
58 N. L. R. B . 169, and cases cited therein.
812 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with General Steel Products Corpo-
ration, New York City, 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 Second Region, and subject to Sections 203.61 and
203.62 of National Labor Relations Board Rules and Regulations-
Series 5, among the employees in the unit found appropriate in the
Decision and Direction of Election issued on December 6, 1946, who
were employed during the pay-roll 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 temporarily
laid off, but excluding those employees who have since quit or been
discharged for cause and have not been rehired or reinstated prior
to the date of the election, and also excluding employees on strike
who are not entitled to reinstatement, to determine whether they
desire to be represented by Local 365, UAW-CIO, or by General Steel
Products Employees Association, for the purposes of collective bar-
gaining, or by neither.