Ohio Ferro-Alloys Corp.

National Labor Relations Board - Board Decisions

May 19, 1942

41 N.L.R.B. 103 (N.L.R.B. 1942)

In, the Matter of Omo FERRO-ALLOYS CORPORATION and STEEL
WORKERS ORGANIZING COMMITTEE, LOCAL 2626, C. I. O.
Case No. R-373.3.-Decided May 19, 1942
Jurisdiction : ferro-chrome and ferro-alloys manufacturing industry,
Investigation and Certification of Representatives : existence of question: re-
fusal of Company to'accord any union recognition'until certified by the Board;
election necessary.'
Unit Appropriate for Collective Bargaining : all production and maintenance
employees at, the Company's Tacoma, Washington, plant, including the store-
room clerk but excluding office, clerical and supervisory employees, chemists,
-and maintenance foremen ; claims of craft unions that employees whom they
represented constitute separate units rejected.
Mr. William Pritz, of Tacoma, Wash., for the Company. -
Mr. AS. J. Brozovich, of Seattle, Wash., for the S. W. O. C:
Mr. Wallace Morrissette, of Tacoma, Wash., for the I. B. E. W.
Mr. Will-lam-Zenk, of Tacoma; Wash., for the I. A. M.
Mr. James Ross, of Tacoma, Wash., for the Operating Engineers.
Mr. A. J. LaFrambois, of Tacoma, Wash., for the Council.
Mr. Louis Cokin, of counsel to the Board. -
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by Steel Workers Organizing Committee,
Local 2626, C. I. 0., herein called -the S. W. O. C., alleging that a
question affecting commerce had arisen concerning the representation
of employees of Ohio Ferro-Alloys Corporation, Tacoma, Washing-
ton, herein called the Company, the National Labor Relations Board
provided for an appropriate hearing upon due notice before Louis S.
Penfield, Trial Examiner. Said hearing was held at Tacoma, Wash--
ington, on,April 15, 1942: The Company, the S. W. O. C., Interna-
tional Brotherhood of Electrical Workers, Local 76, herein called the
I. B. E. W., International Union of Operating Engineers, Local 606,
herein called the_Operating Engineers, International Association of
Machinists, Local 297, herein called the I. A. M., and Tacoma Metal
Trades Council, A. F. of L., herein called the Council, -appeared,
participated, and were afforded full opportunity to be heard, to
41 N. L. R. B., No. 21. -
103
104 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
examine and cross-examine witnesses, and to introduce evidence bear-
ing on the issues. The Trial Examiner's rulings made at the hearing
are free from prejudicial error and are hereby affirmed.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT'
I. THE BUSINESS OF THE COMPANY
`Ohio Ferro-Alloys Corporation is' an 'Ohio corporation with its
principal place of business at Canton, Ohio. We are here concerned
with the, Company,s plant at Tacoma, Washington, where it is
engaged in the production of ferro-chrome and ferro-alloys. The
Company -commenced operations at its Tacoma plant the latter part
of 1941.' During the period which the Tacoma plant operated in
1941, it used 12,000 tons of chrome ore, all of which was shipped to
it from the Philippine Islands, and approximately 5,000 tons of coke,
all of which was shipped to it from outside the State of Washington.
All the finished products at the Tacoma plant are, shipped to points
outside the State of Washington. Th Company admits that it is
engaged in commerce within the meaning of the National Labor
Relations Act.
II. THE ORGANIZATIONS INVOLVED
Steel Workers Organizing Committee, Local 2626, is a labor or-
ganization affiliated with the Congress of Industrial Organizations,
admitting to membership employees of the Company.
International Brotherhood of Electrical Workers, Local 76, Inter-
national Union of Operating Engineers, Local 606, International
Association of Machinists, Local 297, and Tacoma Metal Trades
Council are labor organizations -affiliated with the American Federa-
tion of Labor, admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company stated at the hearing that it will not recognize any
labor organization until the Board determines the bargaining repre-
sentative of its employees. A statement of a Field Examiner of the
Board, introduced into evidence at the hearing, shows that the
S.. W. O. C., the I. B. E. W., and the Operating Engineers each
represents a substantial number of employees in the unit alleged by
each to be appropriate.' -
'The Field Examiner reported that the S . W. O. C presented 39 membership appli-
cation or authorization cards bearing apparently genuine signatures of persons whose
names appeared on the Company 's pay roll of March 10 , 1942. He further reported
OHIO FERRO-ALLOYS CORPORATION 105
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,,TIE APPROPRIATE UNIT
The S.,W. O. C. and the Company urge that all production and
maintenance employees at the Tacoma plant, of the Company,. ex-
cluding office, clerical and supervisory employees, and chemists, con-
stitute an appropriate unit. The I. B. E. W. contends that all
persons at the Tacoma plant who do any work pertaining to electrical
operations constitute an appropriate unit. It could not clarify • its
unit contention further and it appears that the unit claimed by it
would cover most of the employees inasmuch as the plant is electric-
ally operated. Although the Operating Engineers originally claimed
that compressor men constitute a separate unit, it changed its position
at the close of the hearing and stated that it desired that the employees
originally claimed by it be a part of the unit asked for by the
I. B. E.' W. As stated above, the I. A. M. does not claim to have
any representation among the employees of the Company,, but it
appears that that organization claims that machine repairmen consti-
tute a separate appropriate unit. -
The Council, of which the I. B. E. W., the I. A. M., and,the Op-
erating Engineers are members, presented a proposed contract to the
Company in the fall of 1941 covering all employees of, the -Company.
While the Council presented the contract and was conducting nego-
tiations pursuant thereto, the I. _B. •E. W. was organizing the em-
ployees of the Company under the banner of the Council. The
I..-B. E; W;, the I. A. M., and the Operating Engineers continued
-to negotiate with the Company on an industrial basis, through the
Council, until the S. W. O. C.'s claim upon the Company in February
1942. Thereafter, they took the positions set out above. The record
indicates that the employees claimed by the I. B. E. W., the Operating
Engineers, and the I.. A. M. do not constitute separate- and distinct
crafts but are regular production and maintenance employees. The
J. B. E. W., the I. A. M., and the Operating Engineers stated at the
hearing that in the event the Board finds that their claims to separate
units are not valid, they then desire a single plant-wide unit under
that the I . B E. W. presented 27 authorization cards'bearing apparently genuine
signatures of persons whose names appeared on that pay roll ', There are approximately
62 employees on the March 10, 1942 , pay roll The Field Examiner also reported that
the Operating Engineers presented 4 authorization cards bearing the apparently genuine
signatures of persons whose names appeared on the March 10, 1942, pay roll. There
are 4 employees on that pay roll in the unit originally alleged to be appropriate by the
Operating Engineers. The I. A. M. stated at the hearing that it did - not have any
representation among the Company ' s employees The I . B. E. W., the Operating
Engineers , and the I. A. M. are members of the Council.
1106 DECISIONS -OF NATIONAL LABOR RELATIONS BOARD
,the Council. Under all, the circumstances ^ of the ,case, we find that a
single-unit composed of all, production and maintenance employees of
the Company.can best effectuate the purposes-of the Act. ': _ . ,=
The parties are in disagreement as to the disposition of a storeroom
clerk and five maintenance foremen. - -
The ,Company, urges that the storeroom clerk be excluded from
-the unit on the ground- that be is a clerical employee. All 'the labor
organizations desire that he be 'included. This employee keeps,a
cle`r'ical record of all disbursements of materials in 'the storeroom and
actually handle's the materials. We shall include the storeroom clerk
in' the unit. ,
The Company has five employees listed by it as maintenance fore-
men. The Company urges that 'such employees be excluded from
the`unit and the labor organizations-that they be included., Although
-these employees' spend a majority of their time performing manual
duties at the present time, they are actually being trained to become
non-working foremen in'the future. - They-can recommend the hire
or' discharge of employees and they are paid on a salary basis in
contrast to the rest of the employees who are paid on an 'hourly basis.
We shall exclude the maintenance foremen from the unit.
We' find that all production and maintenance employees at the
Tacoma plant of the Company, including the storeroom clerk,' but
excluding office, clerical and supervisory employees, chemists, and
maintenance foremen, constitute a' unit appropriate for the purposes
'of collective bargaining, within the meaning of Section 9 (b) of the
Act.
V. THE DETERMINATION OF REPRESENTATIVES
We find that the question concerning representation which has
arisen can best be resolved by ' an election by secret ballot. We shall
direct that the employees of the Company eligible to vote shall be
those 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.
All the parties agree that in the event the Board finds that the
unit urged by the I. B. E. W. is inappropriate then the ballot should
contain only the names of the S. W. O. C. and the Council. In ac-
cordance with the stipulation of the parties, we shall place the name
of the Council on the ballot. - -
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-
OHIO FERRO-ALLOYS CORPORATION 107
tions 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 to ascertain representa-
tives for the purposes of collective bargaining with Ohio Ferro-Alloys
Corporation, Tacoma, Washington, 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 Nineteenth 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 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 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 any who have since quit or
been discharged for cause, to determine whether they desire to be
represented by Steel Workers Organizing Committee, Local 2626,
affiliated with the Congress of Industrial Organizations, or by
Tacoma Metal Trades Council, affiliated with the American Federa-
tion of Labor, for the purposes of collective bargaining, or by neither.