Interlake Iron Corp.

National Labor Relations Board - Board Decisions

Jan 10, 1942

38 N.L.R.B. 139 (N.L.R.B. 1942)

In the Matter Of INTERLAKE IRON CORPORATION and LOCAL UNION 1657,
STEEL WORKERS ORGANIZING COMMITTEE, C. I. O.
Case No. R-3255.-Decided January 10, 1942
Jurisdiction : pig iron, coke, and coal byproducts industry.
Investigation and Certification of Representatives : existence of question. rival
labor organizations ; controversy concerning representation of employees ; con-
tract entered into after Company had notice of petitioning union's claim to
representation, no bar to prior certification issued more than 3 years ago, no
bar to proceeding; election necessary.
Spot check of authorization cards by Trial Examiner and report of Re-
gional Director on evidence of unions' claim to represent employees are
taken not as proof of precise number of employees who desire to be repre-
sented by the unions but rather to ascertain whether a substantial number
of employees desire to be so represented
Unit Appropriate for Collective Bargaining : unit as previously determined by
Board, comprising all employees paid on an hourly rate and heaters paid on a
monthly rate, including laboratory samplers, but excluding supervisory em-
ployees, cafeteria managers, patrolmen and watchmen, office employees, gate
and first-aid men, bus operators, chemists, monthly paid yard clerks and weigh-
masters, and blue-print boy; laboratory samplers previously excluded, included
at request of all parties.
Mr. Lester Asher, for the Board.
Pope & Ballard, by Mr. Lee C. Shaw and Mr. Charles P. Preston,
of Chicago, Ill., for the Company.
Mr. John J. Brownlee and Mr. George Mischeau, of Chicago, Ill.,
for the S. W. O. C.
Mr. John F. Cusack and Mr. Harry Snell, of Chicago, Ill., for the
Association.
Mr. Frederic B. Parkes, 2nd, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On September 27,1941, Local Union 1657, Steel Workers Organizing
Committee, C. 1. 0., herein called the S. W. O. C., filed with the Regional
Director for the Thirteenth Region (Chicago, Illinois), a petition
38 N. L . R B, No. 35.
139
140 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
alleging that a question affecting commerce had arisen concerning the
representation of employees of Interlake Iron Corporation, Chicago,
Illinois, herein called the Company, and requesting an investigation
and certification of representatives pursuant to Section 9 (c) of the
National Labor Relations Act, 49 Stat. 449, herein called the Act. On
October 23, 1941, the National Labor Relations Board, herein called the
Board, acting pursuant to Section 9 (c) of the Act and Article III,
Section 3, of National Labor Relations Board4 Rules and Regulations-
Series 2, as amended, ordered an investigation and authorized the Re-
gional Director to conduct it and to provide for an appropriate hearing
upon due notice.
On October 24 and 27, 1941, respectively, the Regional Director issued
a notice of hearing and an order continuing hearing, copies of which
were duly served upon the Company, the, S. W. O. C., and Employees
Association of the Interlake Iron Corporation, herein called the Associ-
ation, a labor organization claiming to represent employees directly
affected by the investigation. Pursuant to notice, a hearing was held
on November 5 and 6, 1941, at Chicago, Illinois, before Will Maslow,
the Trial Examiner duly designated by the Chief Trial Examiner. The
Company, the S. W. O. C., and the Association were represented and
participated in the hearing. Full opportunity to be heard, to examine
and cross-examine witnesses, and to introduce evidence bearing on the
issues was afforded all parties. During the hearing the Company and
the Association moved that the petition be dismissed on the grounds
that (1) inasmuch as the Board had certified the Association as the
statutory representative of the Company's employees in 1938, and the
Company and the Association, relying on such certification, had entered
into a collective bargaining contract each year since 1938, the Board
is without power to change the bargaining agency; (2) the contract
entered into on October 1, 1941, is a bar to a present investigation and
certification of representatives; and (3) the evidence of the S. W. O. C.'s
claim to represent the Company's employees submitted to the Regional
Director fails to show that the S. W. O. C. represents a majority or even
a substantial number of the Company's employees. The Trial Exam-
iner reserved ruling on the motions for the Board. For reasons ap-
pearing below, the motions are hereby denied. During the course of
the hearing, the Trial Examiner made various rulings on other motions
and on objections to the admission of evidence. The Board has re-
viewed the rulings of the Trial Examiner and finds that no prejudicial
errors were committed. The rulings are hereby affirmed. On Novem-
ber 28, 1941, the Company and the Association each filed a brief which
the Board has considered.
Upon the entire record in the case, the Board makes the following:
INTERLAKE IRON CORPORATION 141
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Interlake Iron Corporation, a New York corporation, is engaged
in the business of manufacturing and distributing pig iron, coke, and
coal byproducts at its plant at Chicago, Illinois. The Company op-
erates manufacturing plants and blast furnaces in the States of Minne-
sota, Pennsylvania, Ohio, and Illinois. Practically all the raw
materials used each year by the Company at its Chicago plant, consist-
ing chiefly of between 600,000 and 700,000 tons of iron ore, approxi-
mately 1,000,000 tons of coal, and large quantities of limestone, are
shipped to its plant from points outside the State of Illinois. The
total production of the Company's Chicago plant consists annually of
approximately 350,000 tons of pig iron, 700,000 tons of coke, and large
quantities of gas, tar, light oil, and ammonia. Approximately 35 per-
cent of the pig iron and 25 percent of the coke are sold and shipped to
points outside the State of Illinois. Light oil and ammonia are
also sold and shipped throughout the United States. The Company
employs approximately 1,000 employees at its Chicago plant.
TI. THE ORGANIZATIONS INVOLVED
Local Union 1657, Steel Workers Organizing Committee, is a labor
organization affiliated with the Congress of Industrial Organizations,
admitting employees of the Company to membership.
Employees Association of the Interlake Iron Corporation is an
unaffiliated labor organization admitting employees of the Company to
membership.
III. THE QUESTION CONCERNING REPRESENTATION
On November 9, 1937, the Board directed that an election be con-
ducted among certain of the Company's employees to determine if they
desired to be represented by Amalgamated Association of Iron, Steel,
and Tin Workers of North America, Local No. 1657, or by the Asso-
ciation.' The Association won the election and was certified by the
Board as statutory representative on April 23, 1938.2 On August 1,
1938, the Company and the Association entered into a contract, for
the term of 1 year, recognizing the Association as the sole collective
bargaining agency for the Company's employees at its Chicago plant.
Each year thereafter they negotiated a new contract. The contract
i Matter of Interlake Iron Corporation and Amalgamated Association of Iron, Steel, and
Tin Workers of North Ameroca, Local No 1657, 4 N. L. R B. 55
2 Ibid, 6 N. L. R . B. 780.
142 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
executed by the Company and the Association on October 1, 1940, pro-
vides that it "shall remain in effect for one year from the date hereof.
Negotiations for any change may start thirty (30) days prior to the
said termination." On August 22, 1941, the Association and the
Company agreed that prior to October 1, 1941, they would meet to
negotiate a new agreement. In a letter dated September 18, 1941,
the S. W. O. C. informed the Company of its claim to represent a
majority of the Company's employees and protested the signing of
a new agreement with the Association. The Company replied in a
letter dated September 22, 1941, that it could not negotiate with the
S. W. O. C. for the reason that the Association had been certified by
the Board and that the Company was in the process of negotiating a
renewal of its contract with the Association. On September 27, 1941,
the S. W. O. C. filed its petition with the Regional Director.
On September 24, 1941, the Company entered into negotiations with
the Association and after three or five conferences executed a con-
tract dated October 1, 1941, recognizing the Association as the sole
collective bargaining agency for the Company's employees at its Chi-
cago plant and providing that the contract shall be in force for 1 year.
The Company and the Association contend that their contract consti-
tutes a bar to a present investigation and certification of representa-
tives. We find this contention to be without merit since the contract
was entered into after the Company had notice of the S. W. O. C.'s
claim to represent employees of the Company.3 The Company and
the Association also contend that the Board is without power to change
the bargaining agency, since, as mentioned above, the Board had pre-
viously certified the Association as the statutory representative of
the Company's employees and, pursuant to that certification, the
Company had entered into several contracts with the Association.
In view of the fact that more than 3 years have elapsed since the
original certification was issued, Ave are of the opinion and find that
the prior certification is no bar to this proceeding.4
Statements of the Regional Director and the Trial Examiner
introduced into evidence at the hearing show that the S. W. O. C. rep-
resents a substantial number of employees in the unit hereinafter
found to be appropriate.'
3 See Matter of The Great Atlantic it Pacific Tea Company and United Retail and Whole-
sale Employees of America , C. 1. 0., 33 N. L R . B , No 189 , and cases cited therein
4 See Matter of Wilson if Co , Inc . and International Brotherhood of Teamsters , Chauf-
feurs , Stablemen and Helpers of America, Local #202, affiliated with the A F of L, 25
N. L R B 938 , and cases cited therein
5 The S W O. C submitted to the Regional Director 454 authorization cards , of which
285 were dated between August 1 and October 1941, 26 were dated between April 1 and
July 31 , 1941, 73 between January 1 and March 31, 1941, 5 between July 1 and December
31, 1940, and 65 were undated The Regional Director reported that all the signatures
were apparently genuine During' the course of the hearing , the Trial Examiner made a
INTERLAKE IRON .CORPORATION 143
We find that a question has arisen concerning the representation of
employees of the Company.
IV. THE EFFECT OF THE QUESTION' CONCERNING REPRESENTATION UPON
COMMERCE
We find that the question concerning representation which has
arisen, occurring in connection with the operations of the Company
described in Section I above, has a close, intimate, and substantial rela-
tion to trade, traffic, and commerce among the several States and tends
to lead to labor disputes burdening and obstructing commerce and the
free flow of commerce.
V. THE APPROPRIATE UNIT
The Company, the S. W. 0. C., and the Association stipulated at
the hearing that all hourly paid employees and heaters paid on a
monthly basis, excluding supervisory employees, cafeteria managers,
patrolmen and watchmen, and office employees, should be included in
the bargaining unit. They also agree that seven laboratory samplers,
who obtain materials from various parts of the plant to be tested by
the laboratory chemists, should be included in the appropriate unit.
In addition, the Company and the Association would include, and the
S. W. 0. C. would exclude from the unit, gate and first-aid men, bus
operators, chemists, monthly-paid yard clerks and weighmasters, and
the blue-print boy. These employees were all excluded from the unit
found by the Board to be appropriate in its earlier Decision and Cer-
tification of Representatives.' Although such employees have since
spot-check of 10 percent of the cards submitted by the S W 0 C , namely 46 , and found
38 cards were signed by persons whose names appear on the Company ' s pay roll of
September 27, 1941 He also stated that of the 285 cards found by the Regional Director
to be dated between August 1 and October , 1941, 24 were dated after October 1, 1941.
There are approximately 831 employees within the unit found below to be appropriate
The Company and the Association objected to the introduction of the Regional Director's
statement into evidence for the reason that the cards had not been checked against pay roll
records . They contend that the S W 0 C did not represent a majority of the Company's
employees at the time recognition was requested . The objections are hereby overruled.
The report of the Regional Director and the spot -check of the Trial Examiner are taken
not as proof of the precise number of employees who desire to be represented by the
S. W. 0 C but rather to ascertain whether a substantial number of employees desire to be
so represented.
e See platter of Interlake Iron Corporation and Amalgamated Association of Iron, Steel,
and Tin TPorkcis of North America, Local No 1657 , 6 N. L R B 780 The Board therein
stated "that the employees paid on an hourly rate and the heaters paid on a monthly rate
employed by the Company at its Chicago , Illinois, plant , excluding all supervisory enr
ployees, cafeteria managers , patrolmen , watchmen, gatemen , first-aid men , bus operators,
and laboratory samplers and chemists , constitute a unit appropriate for the purposes of
collective bargaining." The blue -print boy is paid on a monthly late and hence was
excluded from this unit
The Board 's Decision was issued on Aptil 23 , 1938 On May 13, 1938, the Association
requested the Company to recognize it as the bargaining representative of the laboratory
144 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
been covered by the various contracts between the Company and the
Association, we are of the opinion that they should be excluded from
the appropriate unit in this proceeding.
We find that all employees paid on an hourly rate and heaters paid
on a monthly rate, employed by the Company at its Chicago plant, in-
cluding laboratory samplers, but excluding supervisory employees,
cafeteria managers, patrolmen and watchmen, office employees, gate
and first-aid men, bus operators, chemists, monthly paid yard clerks
and weighmasters, and the blue-print boy, constitute a unit appropri-
ate for the purposes of collective bargaining and that such unit will
insure to employees of the Company the full benefit of their right to
self-organization and to collective bargaining and otherwise will
effectuate the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
We find that the question concerning representation which has
arisen can best be resolved by means of an election by secret ballot.
To determine eligibility to vote, the S. W. 0. C. requests the use
of a pay roll which will include approximately 50 dock employees
who are laid off about December 1 each year when the river freezes
and is closed to navigation during the winter months, and the Com-
pany requests the use of the pay roll immediately preceding the date
of Direction of Election. Since the dock employees apparently fall
within the category of employees who have been temporarily laid off,
as described in our Direction of Election below, we find no reason
to depart from our customary practice and shall direct that those
persons eligible to vote in the election shall be those in the appropriate
unit who were employed during the pay-roll period immediately pre-
ceding the date of the Direction of Election herein, subject to the
limitations and additions hereinafter set forth in the Direction.
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following :
CONCLUSIONS OF LAW
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of Interlake Iron Corporation, Chicago, Illi-
department employees , plant-clerical employees , gate-house department employees, cafeteria
employees , and bus drivers . On August 1, 1938, after checking the Association ' s authori-
zation cards for such employees, the Company entered into a contract with the Association,
recognizing it as "the sole collective bargaining agency for the employees of the Chicago
plant, excepting supervisory forces and those employees acting in a confidential capacity."
Similar contracts were negotiated in 1939 and 1940. The contract executed on October 1,
1941, by the Company and the Association covers "the employees of the Company at its
Chicago plant , excluding superintendents , assistant superintendents, designing engineers,
draftsmen , foremen, assistant foremen, watchmen , office and restaurant employees."
INTERLAKE IRON CORPORATION 145
nois, within the meaning of Section 9 (c) and Section 2 (6) and (7)
of the Act.
2. All employees paid on an hourly rate and heaters paid on a
monthly rate, employed by the Company at its Chicago plant, includ-
ing laboratory samplers, but excluding supervisory employees, cafe-
teria managers, patrolmen and watchmen, office employees, gate and
first-aid men, bus operators, chemists, monthly paid yard clerks and
weighmasters, and the blue-print boy, constitute a unit appropriate
for the purposes of collective bargaining within the meaning of
Section 9 (b) of the Act.
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 8, of National Labor Rela-
tions Board Rules and Regulations-Series 2, as amended, it is hereby
DIRECTED that, as part of the investigation authorized by the Board
to ascertain representatives for the purposes of collective bargaining
with Interlake Iron Corporation, Chicago, Illinois, 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 Thirteenth Region,
acting in this matter as agent for the National Labor Relations Board,
and subject to Article III, Section 9, of said Rules and Regulations,
among all employees paid on an hourly rate and heaters paid on a
monthly rate, employed by the Company at its Chicago plant, who
were employed during the pay-roll period immediately preceding the
date of this Direction, including laboratory samplers and all employ-
ees who did not work during such 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 supervisory em-
ployees, cafeteria managers, patrolmen and watchmen, office employ-
ees, gate and first-aid men, bus operators, chemists, monthly paid
yard clerks and weighmasters, the blue-print boy, and employees who
have since quit or been discharged for cause, to determine whether
they desire to be represented by Local Union 1657, Steel Workers
Organizing Committee, affiliated with the Congress of Industrial
Organizations, or by Employees Association of the Interlake Iron
Corporation, for the purposes of collective bargaining, or by neither.
MR. GERARD D. REILLY took no part in the consideration of the above
Decision and Direction of Election.
438861-42-vol. 38-11
In the Matter Of INTERLAKE IRON CORPORATION and LOCAL UNION
1657, STEEL WORKERS ORGANIZING COMMITTEE, C. I. O.
Case No. R-3255
AMENDMENT TO DIRECTION OF ELECTION
January 30, 1942
On January 10, 1942, the National Labor Relations Board, herein
called the Board, issued its Decision and Direction of Election in the
above-entitled proceeding.' On January 26, 1942, Employees' Asso-
ciation of Interlake Iron Corporation, herein called the Association,
filed with the Board a motion to amend the Direction of Election so
that the Association might be designated therein as "Employees' Asso-
ciation of Interlake Iron Corporation (Independent Union)."
The Board hereby amends the Direction of Election by striking
therefrom the words "Employees Association of the Interlake Iron
Corporation" and inserting in lieu thereof the words "Employees'
Association of Interlake Iron Corporation (Independent Union)."
' 38 N. L R B 139.
38 N. L It B, No 35a
146