Great Lakes Steel Corp.

National Labor Relations Board - Board Decisions

Sep 19, 1939

15 N.L.R.B. 510 (N.L.R.B. 1939)

In the Matter of GREAT LAKES STEEL CORPORATION and BROTHERHOOD
OF RAILROAD TRAINMEN
In the Matter of GREAT LAKES STEEL CORPORATION and BROTHERHOOD
OF LOCOMOTIVE FIREMEN AND ENGINEMEN
Cases Nos. R-1311 and R-1312, respectively
Steel . Manufacturing Industry-Sypplennental Decision-Representatives:
eligibility to participate in choice : employee temporarily transferred to another
division of the Company , eligible to vote ; alleged stipulation between Company
and unions excluding him from eligible voters, held not binding upon Board-
Election Ordered: run-off.
SUPPLEMENTAL DECISION
SECOND DIRECTION OF ELECTION
AND
CERTIFICATION OF REPRESENTATIVES-
September 19,1939
On August 4, 1939, the National Labor Relations Board, herein
called the Board, issued a Decision and Direction of Elections 1 in the
above-entitled case. The Direction of Elections provided' that sep-
arate elections by secret ballot be conducted within fifteen (15) days
from the date of the Direction among (1) the conductors and switch-
men, and (2) the engineers, firemen, and hostlers, employed by the
Great Lakes Steel- Corporation at its Great Lakes Division , Ecorse,
Michigan , during the period preceding the pay roll for March 10, 1939,
including those hired since the date of hearing, but excluding those
who had since quit or been discharged for cause, to determine whether
the conductors and switchmen desired to be represented for the pur-
poses of collective bargaining by the Brotherhood of Railroad Train-
men, by the Independent Steel Workers Association, or by neither,
and whether the engineers, firemen, and hostlers desired to be repre-
sented for the purposes of collective bargaining by the Brotherhood
of Locomotive Firemen and Enginemen, by the Independent Steel
Workers Association, or by neither.
. Pursuant to the Direction, elections by secret ballot were held on
August 18, 1939, under the direction and supervision of the Regional
1 14 N. L. R: B. 197.
15 N. L. R. B., No. 57.
510
GREAT LAKES STEEL CORPORATION 511
Director for the Seventh Region (Detroit, Michigan). On August
21, 1939, the said Regional Director, -acting pursuant to Article III,
Section 9, of National Labor Relations Board Rules and Regula-
tions-Series 2, issued and duly served upon the parties Election Re-
ports on the elections. The Independent Steel Workers Association
filed objections on August 25, 1939, to the Election Report concern-
ing the election among the engineers, firemen, and hostlers, which
objections are. discussed below. No objections to the conduct of the
ballot or to the Election Report concerning the election among the
conductors and switchmen have been filed by any of the parties.
As to the balloting and its results, the Regional Director reported
as follows : °
1. CONDUCTORS AND SWITCHMEN
Total number eligible------------------------------------- 68
Total ballots cast---------------------------------------- 62
Total number of votes for Brotherhood of Railroad Train-
men --------------------------------------------------- 36
Total number of votes for Independent-------------------- 24
Total number of votes for neither------------------------- 2
Total number of challenged ballots--------------------- - 0
Total number of blank ballots--------------------------- 0
Total number of void ballots------------------------------ 0
2. ENGINEERS, FIREMEN, AND HOSTLERS
Total number eligible------------------------------------ 40
Total ballots cast---------------------------------------- 36
Total number of votes for Brotherhood of Locomotive -Fire-
men and Enginemen------- ---------------------------- ' 16
Total number of votes for Independent--------------------- 18
Total number of votes for neither-------------------------- 2
Total number of challenged ballots------------------------ 0
Total number of blank ballots---------------------------- ' 0
Total number of void ballots------------------------------ 0
In its objections to the Election Report, the Independent Steel
Workers Association challenged the eligibility of one' Cyril Delisle
to vote in the election among the engineers, firemen, and hostlers.
It claimed that Delisle had voted in favor of the Brotherhood of
Locomotive Firemen and Enginemen and that the deletion of his
vote would give it a majority of the votes cast. On August 30, 1939,
the Regional Director issued his report on the objections to the Elec-
tion Report in 'which he concluded that the objections raised by the
Independent Steel Workers Association were without merit.
The Election Report, the Objections to the Election Report, and
the Report on Objections reveal the following facts pertaining to
the eligibility of Delisle to vote. Delisle was listed as a hostler on
512 DECISIONS OF NATIONAL' LABOR RELATIONS BOARD
the pay roll of the Company for the period preceding March 10,
1939, which was used to determine the eligibility of employees to vote
in the election. On July 17, 1939, Delisle was transferred to the
Hanna division of the Company and given employment as a bull-
dozer. A Field Examiner for the Board examined the records of the
Company with respect to Delisle's transfer and concluded, as stated
by the Regional Director in his report on the objections, that Delisle
"was temporarily hired by the Hanna division and that he would be
recalled any day to his former position of hostler with the Great
Lakes Steel Corporation, Great Lakes Division." In view of this
circumstance, we find that Cyril Delisle was eligible to vote in the
election among the engineers, firemen, and hostlers of the Great Lakes
division of the Company. The Independent Steel Workers Associa-
tion maintains, nevertheless, that the parties had entered into a stipu-
lation excluding Delisle from the eligible voters. It is not claimed
that the Board was a party, to this stipulation. There is considerable
doubt concerning the execution of this stipulation and counsel for
the Independent Steel Workers Association admits that "no formal
stipulation was negotiated." Assuming that a valid stipulation was
entered into by the Brotherhood of Locomotive Firemen and Engine-
men, the Independent Steel Workers Association, and the Company,
we are of the opinion that it cannot operate to deprive an employee
of his tight to participate in an election, when he is otherwise eligible
to vote pursuant to the Board's Direction of Election. In conse-
quence, we find that the objections filed by the Independent Steel
Workers Association are without merit.
With Delisle's vote included, neither the Independent Steel Work-
ers Association nor the Brotherhood of Locomotive Firemen and
Enginemen have received a majority of the votes cast in the election.
A majority of the employees of the Company in the appropriate unit
have, nonetheless, indicated a desire to bargain collectively with the
Company. The Independent Steel Workers Association, which re-
ceived the greater number of votes validly cast in the election, has
requested the holding of a run-off election as an alternative to its
challenge of Delisle's eligibility to vote in the election. We find that
the question concerning representation which has arisen ^ can best be
resolved by the holding of a run-off election in which the employees
in the appropriate unit will' be given the opportunity to decide
whether or not they desire to be represented by the Independent
Steel Workers Association. We will so direct.
SECOND 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-
GREAT LAKES STEEL CORPORATION 513
lions Act, 49 Stat. 449, and pursuant to Article III, Sections 8 and 9,
of National Labor Relations Board Rules and Regulations-Series 2,.
it is hereby
DIRECTED that, as part of the investigation authorized by the
Board to determine representatives for the purpose of collec-
tive bargaining with Great Lakes Steel Corporation, Ecorse, Mich-
igan, an election by secret ballot shall be conducted within fifteen
(15) clays from the date of this Direction, under the direction and
supervision of the Regional Director for the Seventh Region, acting
in this matter as an agent of the National Labor Relations Board,
among the engineers, firemen, and •hostlers employed by the Great
Lakes Steel Corporation at its Great Lakes division, Ecorse, Michi-.
gain, who were eligible to vote in the election of August 18, 1939,
excluding those who have since quit or been discharged for cause, to
determine whether or not they desire to be represented by the Inde-
pendent Steel Workers Association for the purposes of collective
bargaining.
CERTIFICATION OF REPRESENTATIVES
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, 49 Stat. 449, and pursuant to Article III, Sections 8 and 9,
of National Labor Relations Board Rules and Regulations-Series 2,
IT IS HEREBY CERTIFIED that Brotherhood of Railroad Trainmen has
been designated and selected by a majority of all conductors and
switchmen employed by the Great Lakes Steel Corporation at its
Great Lakes division, Ecorse, Michigan, as their representative for
the purposes of collective bargaining and that, pursuant to the provi-
sions of Section 9 (a) of the Act, Brotherhood of Railroad Trainmen
is the exclusive representative of all such employees for the purposes
of collective bargaining in respect to rates of pay, wages, hours of
employment, and other conditions of employment.
MR. WILLIAM M. LEISERSON took no part in the consideration of
the above Supplemental Decision, Second Direction of Election and
Certification of Representatives.
[SAME TITLE]
AMENDMENT TO SECOND DIRECTION OF ELECTION
October 2, 1939
On September 19, 1939, the National Labor Relations Board, herein
called the Board, issued a Supplemental Decision, Second Direction
of Election, and Certification of Representatives in the above-entitled
514 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
proceeding, the election to be held within fifteen (15) days from the
date of the Direction, under the direction and supervision of the
Regional Director for the Seventh Region (Detroit, Michigan). The
Board, having been advised by the Regional Director for the Seventh
Region that a longer period within which to hold the election is neces-
sary, hereby amends the Second Direction of Election issued on
September 19, 1939, by striking therefrom the words "within fifteen
(15) days from the date of this Direction" and substituting therefor
the words "within thirty (30) days from the date of this Direction."
MR. WILLIAM M. LEISERSON took no part in the consideration of
the above Amendment to Second Direction of Election.
15 N. L. R. B., No. 57a.