Pressed Steel Car Co., Inc.

National Labor Relations Board - Board Decisions

Dec 26, 1939

18 N.L.R.B. 700 (N.L.R.B. 1939)

In the Matter Of PRESSED STEEL CAR COMPANY, INC. and STEEL
WORKERS ORGANIZING COMMITTEE
Case No. R-702
THIRD AMENDMENT TO DIRECTION OF ELECTION
December 26, 1939
On June 23, 1938, the National Labor Relations Board, herein called
the Board, issued a Decision and Direction of Election in the above-
entitled case.' The Direction of Election directed that an election by
secret ballot be conducted among the production and maintenance
employees of the Pressed Steel Car Company, Inc., herein called the
Company, at its McKees Rocks plant, who were in the employ of the
Company during the pay-roll period next preceding April 7, 1938,
excluding clerical workers, supervisory officials, salaried employees,
watchmen, timekeepers, gang leaders, and inspectors, and excluding
those who had since quit or been discharged for cause, to determine
whether they desired to be represented by Car and Foundry Workers
Union, Incorporated, or by Steel Workers Organizing Committee for
and in behalf of the Amalgamated Association of Iron, Steel and
Tin Workers of, North America, Lodge No. 1844, affiliated with the
Commitee for Industrial Organization,2 for the purposes of collective
bargaining, or by neither.
On July 6, 1938, the Board issued an amendment to the Direction
of Election.3 The Direction of Election, as amended, provided that
an election should be held within twenty-five (25) days from the date
of the Direction.
After charges and amended charges were filed by Steel Workers
Organizing Committee, alleging that the Company had engaged in
and was engaging in unfair labor practices within the meaning of
Section 8 (1), (2) and (3) of the Act, the Board, on July 19, 1938,
further amended its Direction of Election, as amended, by striking
out the words "within twenty-five (25) days from the date of this
Direction" and substituting therefor the words "at such time as the
Board may in the future direct." 3 Pursuant to the request of Steel
17 N. L. R. B. 1099.
2 Now Congress of Industrial Organizations.
2 8 N. L. R. B. 100.
18 N. L. R. B., No. 81.
700
PRESSED STEEL CAR COMPANY, INC. 701
Workers Organizing Committee, the unfair labor practice charges
were subsequently withdrawn, and on November 10, 1939, Steel Work-
ers Organizing Committee requested the Board to proceed with the
election, providing that a current eligibility date be adopted.
On December 9, 1939, the Board served notice upon all parties
to the proceeding that unless sufficient cause to the contrary shall
have appeared, the Board, on December 22, 1939, would issue its
Third Amendment to the Direction of Election, directing that an
election be held among employees in the appropriate unit "who were
in the employ of the Company during the pay-roll period next
preceding the date of this Third Amendment to Direction of Elec-'
tion." All parties were accorded an opportunity to file objections
and arguments in support thereof, and to request permission to argue
orally before the Board, concerning the proposed Third Amend-
ment. No requests for oral argument have been submitted. The
Car and Foundry Workers Union, Incorporated, filed a general ob-
jection, challenging the Board's authority to change the eligibility
date designated in its original Direction, "for the reason that no evi-
dence has been taken by said Board." The Board has considered
the objection filed by Car and Foundry Workers Union, Incorporated,
and finds it to be without merit. The Board hereby grants the
request of Steel Workers Organizing Committee, that an election
be held and that a current eligibility date be adopted. By letter
of December 11, 1939, Steel Workers Organizing Committee in-
formed the Board that a substantial number of employees of the
Company within the appropriate unit had been temporarily laid
off. In accordance with our usual procedure, we shall include such
employees among those who are eligible to vote.
The, Direction of Election, as amended, is hereby further amended
by striking therefrom the words "at such time as the Board may
in the future direct" and substituting therefor the words "as early
as possible, but not later than thirty (30) days from the date of the
Third Amendment to Direction of Election herein"; also, by striking
therefrom the words "who were in the employ of the Company
during the pay-roll period next preceding April 7, 1938," and substi-
tuting therefor the words "who were in the employ of the Company
during the pay-roll period next preceding the date of the Third
Amendment to Direction of Election herein, including employees
who were then or have since been temporarily laid off;".
MR. WILLIAM M. LEISERSON took no part in the consideration of
the above Third Amendment to Direction of Election.