Jones & Laughlin Steel Corp.

National Labor Relations Board - Board Decisions

Feb 6, 1942

38 N.L.R.B. 962 (N.L.R.B. 1942)

In the Matter of MARINE WAYS DEPARTMENT , RIVER TRANSPORTATION
DIVISION , JONES & LAUGHLIN STEEL CORPORATION and STEEL, WORKERS
ORGANIZING COMMITTEE , LOCAL UNION No. 1535, C. I. O.
Case No. R-3471.-Decided February 6,1942
Jurisdiction : iron and steel products manufacturing industry
Investigation and Certification of Representatives : existence of questions re-
fusal to accord union recognition until certified by the Board ; election
necessary.
Unit Appropriate for Collective Bargaining : all production and maintenance
employees, exclusive of supervisory and clerical employees and full-time
watchmen of the Company's Marine Ways Department; stipulation as to.
Mr. J. T. Ross, of Pittsburgh, Pa., for the Company.
Mr. Paul J. Fasser, of Pittsburgh, Pa., for the S. W. O. C.
Mr. Robert E. Tillman, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On November 12, 1941, Steel Workers Organizing Committee,
Local Union No. 1535, C. I. 0., herein called the S. W. O. C., filed
with the Regional Director for the Sixth Region (Pittsburgh, Penn-
sylvania) a petition alleging that a question affecting commerce had
arisen concerning the representation of employees of Marine Ways
Department, River Transportation Division, Jones & Laughlin Steel
Corporation, Floreff, Pennsylvania (home office, Pittsburgh, Penn-
sylvania), herein called the Company, and requesting an investiga-
tion and certification of representatives pursuant to Section 9 (c) of
the National Labor Relations Act, 49 Stat. 449, herein called the Act.
On December 12, 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 Board Rules and
Regulations-Series 2, as amended, ordered an investigation and
authorized the Regional Director to conduct it and to provide for
an appropriate hearing upon due notice.
38 N. L. R. B., No. 173.
962
JONES & LAUGHLIN STEEL CORPORATION 963
On January 10, 1942, the Regional Director issued a notice of
hearing, copies of which were duly served upon the Company and
the S. W. O. C. Pursuant to notice, a hearing was held on January
20, 1942, at Pittsburgh, Pennsylvania, before Henry Shore, the Trial
Examiner duly designated by the Chief Trial Examiner. The Com-
pany and the S. W. O. C. were represented and participated in the
hearing. Full opportunity to be heard, to examine and cross-
examine the witnesses, and to introduce evidence bearing on the issues
was afforded all parties. During the course of the hearing the Trial
Examiner made rulings on motions and on objections to the admission
of evidence. The Board has reviewed the rulings of the Trial
Examiner and finds that no prejudicial errors were committed. The
rulings are hereby affirmed.
Upon the entire record in the case, the Board makes the following
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Jones & Laughlin Steel Corporation , a Pennsylvania corporation,
has its principal office in Pittsburgh , Pennsylvania . The Company
is engaged in the manufacture and sale of iron and steel products, its
manufacturing plants being located at Aliquippa and Pittsburgh,
Pennsylvania . For the year 1941 , in excess of $500 ,000 worth of raw
materials were purchased by the Company for use at its plants in the
Commonwealth of Pennsylvania , of which more than 10 percent rep-
resented raw materials imported from points outside the Common-
wealth of Pennsylvania to its plants in the Commonwealth of Penn-
sylvania . For the year 1941, the dollar value of products manufac-
tured by the Company at its plants in the Commonwealth of Penn-
sylvania was in excess of $1,000,000; more than 50 percent of such
products were shipped outside the Commonwealth of Pennsylvania.
In connection with its operations the Company operates a number
of river boats and other river equipment , and in connection therewith
maintains a Marine Ways Department, which department is engaged
in the repairing and servicing of the Company 's river equipment. It
is this department which is involved in the present proceedings.
The Company agrees that it and the Marine Ways Department
operated by it are engaged in commerce within the meaning of the
Act.
H. THE ORGANIZATION INVOLVED
Steel Workers Organizing Committee, Local Union No. 1535, is
a labor organization affiliated with the Congress of Industrial Organ-
izations. It admits to membership employees of the Marine Ways
Department.
964 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
III. THE QUESTION CONCERNING REPRESENTATION
The Company refuses to recognize the S. W. 0. C. as exclusive bar-
gaining agent until an election has been held and the S. W. 0. C. has
been certified by the Board. The S. W. 0. C. has submitted to the
Acting Regional Director evidence showing that it represents a sub-
stantial number of employees in the unit hereinafter found appro-
priate?
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
relation 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 parties stipulated, and we find, that all production and mainte-
nance employees, exclusive of supervisory2 and clerical3 employees, and
full-time watchmen of the Marine Ways Department, constitute a unit
appropriate for the purposes of collective bargaining. We further
find that said 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 the holding of an election by secret ballot, and
we shall so direct. The parties stipulated, and we shall direct, that
these eligible to vote shall be the employees in the appropriate unit who
were employed during the pay-roll period immediately preceding the
i The Acting Regional Director ' s statement shows that the S. W. O. C. submitted 84
membership cards, of which 65 are dated September 1041; 5 are dated October 1941; and
14 are undated . All the signatures appear to be genuine , and 83 of the names thereon
appear on the pay roll of November 1, 1941, which contains names of 88 employees in the
alleged appropriate unit.
2 The parties further stipulated that supervisory employees , include the carpenter and
barge yard foreman, the boiler and structural foreman, master mechanic , electrical depart-
ment foreman , labor foreman , naval engineer and architect, and inspector.
3 The parties stipulated that clerical employees include the storeroom clerk in addition
to, office clerks.
JONES & LAUGHLIN STEEL CORPORATION 965
date of our Direction of Election, subject to the limitations and
additions set forth therein.
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 Marine Ways Department, River Trans-
portation Division, Jones & Laughlin Steel Corporation, Floreff, Penn-
sylvania (home office, Pittsburgh, Pennsylvania) within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
2. All production and maintenance employees of the Marine Ways
Department, exclusive of supervisory and clerical employees, and full-
time watchmen, constitute a unit appropriate for the purposes of col-
lective bargaining within the mean 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,
49 Stat. 449, and pursuant to Article III, Section 8, of National Labor
Relations Board Rules and Regulations-Series 2, as amended, it is
hereby
DIRECTED that, as part of the investigation ordered by the Board to
ascertain representatives for the purposes of collective bargaining
with Marine Ways Department, River Transportation Division, Jones
& Laughlin Steel Corporation, Floreff, Pennsylvania (home office,
Pittsburgh, Pennsylvania), an election by secret ballot shall be con-
ducted as early as possible, but not later than thirty (30) days from
the date of this Direction of Election under the direction and super-
vision of the Acting Regional Director for the Sixth Region, acting in
this matter as agent for the National Labor Relations Board, and sub-
ject to Article III, Section 9, of said Rules and Regulations, among all
production and maintenance employees of the Marine Ways Depart-
ment who were employed during the pay-roll period immediately pre-
ceding the date of this Direction of Election, including employees who
did not work during said 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 and clerical
employees, full-time watchmen, and those employees who have since
quit or been discharged for cause, to determine whether or not they de-
sire to be represented by Steel Workers Organizing Committee, Local
Union No. 1535, C. I. 0., for the purposes of collective bargaining.