Great Lakes Steel Corp.

National Labor Relations Board - Board Decisions

Sep 13, 1945

63 N.L.R.B. 874 (N.L.R.B. 1945)

In the Matter of GREAT LAKES STEEL CORPORATION and UNITED
STEELWORKERS OF AMERICA, CIO
Case No. 7-R-2037.-Decided September 13, 1945
Mr. Prewitt Semmes, of Detroit, Mich., for the Company.
Messrs. Nicholas J. Rothe and Matt Goretta, of Detroit, Mich., for
the CIO.
Mr. Donald H. Frank, 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 CIO, alleging that a question affecting commerce had
arisen concerning the representation of employees of Great Lakes
Steel Corporation, Ecorse, Michigan, herein called the Company, the
National Labor Relations Board provided for an appropriate hearing
upon due notice before David Citrin, Trial Examiner. The hearing
was held at Detroit, Michigan, on June 29, 1945. The Company and
the CIO appeared and participated. All parties were afforded full
opportunity to be heard, to examine and cross-examine witnesses,
and to introduce evidence bearing on the issues. 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 :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Great Lakes Steel Corporation, a Delaware corporation, is a wholly
owned subsidiary of National,Steel Corporation, also a Delaware
corporation. The plants of Great Lakes Steel Corporation are the
Great Lakes Steel Plant and the Michigan Steel Plant, at Ecorse,
Michigan, and the Hanna Furnace Plant,' at River Rouge, Michigan.
% .The Company 's blast furnace plant.
63 N. L R. B., No. 134.
874
GREAT LAKES STEEL CORPORATION 875
The principal raw materials used by the Company in its manufac-
turing processes are ore, coal, coke, limestone, scrap, and fuel oil.
The Company's finished products include hot and cold rolled sheets
and strip, carbon and alloy bars, plates, enameling sheets, high tensile
steels, and Stran-Steel framing. During the 3 months'preceding the,
hearing, the Company used raw materials valued at approximately
$9,000,000, of which about 66 percent was shipped to it from points
outside the State of Michigan. During the same period, the Company
produced finished products valued at approximately. $28,000,000, of
which about 78 percent was shipped from it to points outside the
State of Michigan. At the time of the hearing the Company was
engaged entirely in war production.
The Company is engaged in commerce within the meaning of the
National Labor Relations Act.
H. 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 CONCERNING REPRESENTATION
The Company has refused to grant recognition to the CIO as the
exclusive bargaining representative of the Company's plant-protection
employees until the CIO has been certified by the Board in an appro-
priate unit.
The Company asserts that its current contract with the CIO, cov-
ering the Company's production and maintenance employees but
excluding from that unit the plant-protection personnel, inferentially
was an agreement by the CIO not to attempt to represent its plant-
protection employees.' We considered that contention of the Company,
in the previous case 3 involving these same employees and found it to
be without merit. No reason appears in this case for a reversal of our
previous finding.
A statement of a Board agent, introduced into evidence at the
hearing, indicates that the CIO represents a substantial number of
employees in the unit hereinafter found appropriate.4
2 At the hearing, a CIO representative testified that the CIO has established Local No.
3212 for the purpose of representing plant-protection personnel only.
Matter of Great Lakes Steel Corporation , 56 N. L. R B. 242.
The Trial Examiner reported that the CIO submitted 55 dues-receipt cards ; that the
names of 42 persons appearing on the cards were listed on the Company's pay roll of May
21, 1945, which contained the names of 82 employees in the appropriate unit ; and that the
cards were dated, 1 in January, 2 in February , 2 in March, 14 in April, 10 in May, and 26
in June 1945.
876 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 CIO seeks a unit of all the Company's plant-protection em-
ployees at the Company's Great Lakes Steel, Michigan Steel, and
Hanna Furnace Plants, excluding the chief, superintendents, lieuten-
ants, sergeants, and all other supervisory employees within our usual
definition. The Company agrees that the employees whom the CIO
would exclude are supervisory employees.
The Company contends that no unit is appropriate for the plant-
protection employees because they are not employees within the mean-
ing of the Act and because a collective bargaining unit for these em-
ployees would not effectuate the policies of the Act. These contentions
were considered by us not only in the previous case involving this Com-
pany and these employees (footnote 3, supra), but in many subsequent
cases, and we have found them to be without merit.-5 Nothing in this
case persuades us to hold otherwise.
These employees perform the same duties as they performed at the
time of the previous hearing. The sole change in their status is that
they are now demilitarized. It is also true that there has been no
change in the situation of the three plants involved. We find, there-
fore, no merit in the Company's position that only separate units at
each of the three plants would be appropriate.
We find that all the Company's plant-protection employees at the
Company's Great Lakes Steel, Michigan Steel, and Hanna Furnace
Plants, but excluding the chief, superintendents, lieutenants, sergeants,
and all other supervisory employees with authority to hire, promote,
discharge, discipline, or otherwise effect changes in the status of em-
jloyees, or effectively recommend such action, constitute a unit appro-
priate for the purposes of collective bargaining within the meaning of
Section 9 (b) of the Act.
V. THE DETERMINATION OF REPRESEN2IATIVES
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 Election
herein, subject to the limitations and additions set forth in the
Direction.
5 Matter of Standard Steel Spring Company, 62 N L R B 660 ; Matter of National Lead
Company , Titanium Divtistion, 62 N. L. R . B. 107; Matter of Sealed Power Corporation, 61
N. L. R. B . 1639; Matter of Bethlehem Steel Company , 61 N. L. R. B. 892 ; Matter of The
Babcock & Wtilcoo, Company, 61 N. L. R. B. 529.
GREAT LAKES STEEL CORPORATION 877
The Company requests that its employees in the armed forces be
permitted to vote, whether or not they present themselves in person at
the polls. ' No persuasive reason appears, however, for departing from
our established rule. The request is hereby denied."
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 9, of National Labor Relations
Board Rules and Regulations-Series 3, as amended , it is hereby
DIREurm that , as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Great Lakes Steel
Corporation , Ecorse , Michigan , 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 Seventh Region, acting in this matter as
agent for the National Labor Relations Board, and subject to Article
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
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.
CHAIRMAN HERZOG took no part in the consideration of the above
Decision and Direction of Election.
9 Matter of T C. Esser Company , 00 N. L R B 105 ; Matter of Mine Safety Appliances
Co., Callery Plant , Callery, Pa, 55 N. L. R. B. 1190.