Jones & Laughlin Steel Corp.

National Labor Relations Board - Board Decisions

May 3, 1943

49 N.L.R.B. 390 (N.L.R.B. 1943)

In the Matter of JONES & LAUGHLIN STEEL CORPORATION , OTIS WORKS,
and UNITED STEELWORKERS OF AMERICA _ (CIO )
Case No. B-5143.-Decided May 3,1943
Mr. Earl F. Blank , of Pittsburgh , Pa., and Mr. F . W. Mumper, of
Cleveland , Ohio, for the Company.
Mr. William F.+Donovan, of Cleveland , Ohio, for the Union.
Mr. David V. Easton, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by United Steelworkers of America (CIO),
herein called the Union, alleging that a question affecting commerce
had arisen concerning the representation of employees of" Jones &
Laughlin Steel Corporation, Otis Works, Cleveland, Ohio, herein
called the Company, the National Labor Relations Board provided
for an appropriate hearing upon due notice before Louis Plost, Trial
Examiner. Said hearing was held at Cleveland, Ohio, on April 8,
1943. The Company and the Union appeared, participated, and were
afforded full opportunity to be heard, to examine and cross- examine
witnesses, and to introduce evidence bearing on the issues. The Com-
pany made a motion to dismiss the petition on the ground that a unit
of guards is not appropriate. The Trial Examiner referred this
motion to the Board. For reasons appearing below this motion is
denied. The Trial Examiner's rulings made at the hearing are' free
from prejudicial `error and are hereby affirmed. The Company sub-
mitted a statement by an official of the Bethlehem Steel Corporation
to the House Military Affairs Committee which has been considered
by the Board in lieu of a brief. - ' '
Upon the entire record in the case, the Board makes the following :
49 N. L. R. B., No. 50.
390
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JONES & LAUGHLIN STEEL CORPORATION
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
391
Jones & Laughlin Steel Corporation, a Pennsylvania corporation
licensed to do business in Ohio, operates plants in Cleveland, Ohio,
known as the Otis Works, with which we are concerned herein. The
Company is engaged in the manufacture of steel and steel products in
various forms. During the year 1942 the raw materials used by the
Company and the finished products manufactured by the Company
amounted in each instance to more than $1,000,000. In excess of
50 percent of the raw materials and finished products came to the
Company and were shipped and sold by the Company from and to
points outside the State of Ohio. The Company is engaged in produc-
tion for the national war effort and admits that it is engaged in com-
merce within the meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
United Steelworkers of America is a labor organization affiliated
with the Congress of Industrial Organizations admitting to member-
ship employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On February 17, 1943, the Union requested recognition as a bargain-
ing representative of its plant-protection employees. The Company
refused to recognize the Union unless it was certified by the Board.
A statement of the Field Examiner, introduced into evidence at the
hearing, indicates that the Union represents a substantial number of
,employees in the unit hereinafter found appropriate.1
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 contends that all patrolmen, watchmen, and'firemen, in-
cluding dump laborers 2 but excluding lieutenants, captains,` and super-
visors employed at the Otis Works constitute a unit appropriate for the
purposes of collective bargaining. The Company maintains that such
employees are not an appropriate unit, claiming that these employees
1 The Field Examiner reported that the Union . submitted 37 designation cards bearing
apparently genuine original, signatures ,', of which-34!contained names appearing upon the
Company ; s pay . roll of March 2, 1943. , This pay roll contained 62 names within the
appropriate unit.
2 The dump laborers as well as the other classifications sought by the Union perform
plant-protection work.
392 DEOISIONS ' OF NATIONAL LABOR , RELATIONS BOARD
should not be permitted to choose a collective bargaining agent since
they are either sworn-members of the auxiliary military police or under
its control . However, the record discloses that although the employees
in the proposed unit take the Army oath , they are under the control of
the Company as to pay, conditions of employment , and benefits. We
have frequently found that plant guards hired and paid by private
employers , are employees within the meaning of the Act , and may
designate a representative for the purposes of collective bargaining,
even though they are members of the auxiliary military police.3 Ac-
cordingly , the Company 's contention is rejected.
The Union already represents all production and maintenance em-
ployees of the Company under a contract dated December 2, 1942, and
the employees in the unit proposed herein are specifically excluded from
the benefits of the above -mentioned contract . However , the Union does
not intend to merge the plant-protection employees with the unit for
which it has already been recognized as the exclusive bargaining agent,
but intends to bargain for them as a separate unit. We have, on sev-
eral occasions heretofore ; permitted the same labor organization to
bargain for the production and maintenance employees and the plant-
protection employees in separate units.4•
Accordingly, we find that all patrolmen , watchmen , and firemen,
including dump laborers employed by the Company at its Otis Works,
but excluding lieutenants , captains , and supervisors , constitute a unit
appropriate for the purposes of collective bargaining within the mean-
ing,of Section 9 ( b) of the Act .'
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,tlie date of our Direction of Election,
subject to the limitations and additions set forth therein.
3 Matter of Westinghouse Air Brake Company and United Electrical , Radio & Machine
Workers of America, Local No. 610, 42 N. L R. B. 525; Matter of Chrysler Corporation,
Highland Park Plant and Local 114, United Automobile , Aircraft, and Agricultural Imple-
ment,Workers.of,America, affiliated with the C.1I . 00., 44 N. L R., B. 881; Curtiss -Wright
Corporation and American Federation of Labor,, 45_N. L . R. B, 592; Willidm J. Burns
Detective Agency and American Federation of Labor. 47 N L. It. B.,.610.
±Matter of Phelps Dodge Copper Products Corp and United Electrical, Radio & Machine-
,
of America, Local No. 441, affiliated with the'Con6ress of Industrial organizations,
'41 N.1L: - R. B. 973; Chrysler Corp oration,'1ighland Park Plant and'Local 114, United
Automobile, Aircraft , and Agricultural Implement Workers of America, affiliated with the
0. 1. 0., 44 N. L. R. B. 881.
5 Matter of Chrysler Corporation , Highland Park Plant and Local 114; United Automobile,
Aircraft, and Agricultural Implement Workers of America ; affiliated with the C. 1. 0.,
supra.
JONES & LAUGHLIN STEEL CORPORATION 393
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 2, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representatives
for the purposes of collective bargaining with Jones & Laughlin-Steel
Corporation, Otis Works, Cleveland, Ohio, 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 super-
vision of the Regional Director for the Eighth Region, acting in this
matter as agent for the National Labor Relations Board, and subject
to Article III, Section 10, 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 any such employees who did not work dur-
ing said pay-roll period because they were ill or on vacation or tempo-
rarily laid off, and including employees in the armed forces of the
United States who present themselves in person at the polls, but ex-
cluding any who have since quit or been discharged for cause, to deter-
mine whether or not they desire to be represented by United Steel-
workers of America, affiliated with the Congress of Industrial Organi-
zations, for the purposes of collective bargaining.
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