Republic Steel Co.

National Labor Relations Board - Board Decisions

Jun 5, 1942

41 N.L.R.B. 733 (N.L.R.B. 1942)

In the Matter of REPUBLIC STEEL COMPANY and INTERNATIONAL UNION
OF OPERATING ENGINEERS , A. F. OF L.
Case No. R-3642.-Decided June 5, 19.442
Jurisdiction : iron and steel products manufacturing industry
Investigation and Certification of Representatives : existence of question : re-
fusal to accord. petitioner recognition; dispute as to appropriate unit; elections
necessary.
Unit Appropriate for Collective Bargaining : determination of whether (1) loco-
motive crane operators, operator helpers, and crane conductors, and (2) sta-
tionary engineers should constitute separate units and be represented by craft
unions or whether they should be represented by an industrial union previ-
ously certified as the collective bargaining representative of- all production
and maintenance employees exclusive of the employees in question, held depend-
ent upon the desires of the employees themselves.
Mr. Peter J. Crotty, for the Board.
Mr. W. B. Belden, of Cleveland, Ohio, and Mr. M. H. Stearns, of
Buffalo. N. Y., for the Company.
Mr. D. B. Shortal, of Buffalo, N. Y., for the A. F. of L.
Mr. George W. Lennon, of Buffalo, N. Y., for Local 17-B.
Mr. Wilmer E. Danat, of Buffalo, N. Y., and Mr. William F.
Donahue. of Kenmore, N. Y., for Local 907.
Mr. Edward D. Flaherty, of Buffalo, N. Y., for the S. W. O. C.
Mr. C. H. Keenen, of Cleveland, Ohio, and Mr. John Anderson,
of Buffalo, N. Y., for the Brotherhood.
Mr. Fred A. Dewey, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
Upon petition duly filed by International Union of Operating
Engineers , A. F. of "L., herein called the A. F. of L ., alleging that a
question affecting commerce had arisen concerning the representation
of employees of Republic Steel Company , Buffalo, New York , herein
called the Company , the National Labor Relations Board provided
for a hearing upon due notice before Peter J. Crotty, Trial Examiner,
and for a further hearing upon due notice before Samuel Edes, Trial
41N.I. R.B,No.136
733
734 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Examiner. The first such hearing was held at Buffalo, New York,,
on March 13, 1942., The Company, the A. F. of L., International
Union of Operating Engineers, Locals 17-B and 907, herein called
Local 17-B and Local 907; respectively, Steel Workers Organizing
Committee, Local 1743,'C. I. O. herein called the S. W. O. C., and
Brotherhood of Locomotive Firemen and Enginemen, herein called
the Brotherhood, appeared and participated. The further hearing
was held at Buffalo, New York, on May 4, 1942. With the addition
of the Board 1 and the exception of the Brotherhood,2 the same par-
ties appeared and participated." At both hearings all parties were
afforded full opportunity to be heard, to examine and cross-examine
witnesses and to introduce evidence bearing on the issues. The rul-
ings of the Trial Examiners made at the hearings are free from preju-
dicial error and are hereby affirmed.
Upon the entire record in the case, the Board, makes the, following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COSIPANY
The Company is a New Jersey corporation with its principal office
and place of business in Cleveland, Ohio. It is engaged in the manu-
facture, sale, and distribution of iron and steel products and has 18
manufacturing and finishing plants located throughout various
States of the United States and in Canada. This proceeding concerns
employees at the Company's Buffalo, New York, plant. During 1941,
the value of raw materials used at the Company's Buffalo plant
amounted to approximately $26,000,000 of which approximately 59
percent represents shipments to the plant from points, outside the
State of New York. During the same year, the value of finished
products produced at the Buffalo plant amounted to approximately
$41,900,000, of which approximately 76 percent was shipped from said
plant to points outside the State of New York.' The Company admits
that it is engaged in commerce within the meaning of the National
Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
International Union of Operating Engineers, A. F. of L., and
Locals 17-B and 907 thereof, Steel Workers Organizing Committee,
Local 1743, C. I. 0., and Brotherhood of Locomotive' Firemen and'
1 The Board was represented at the second hearing by Peter J. Crotty, the Trial Exam-
iner at the first hearing.
2 The Brotherhood disclaimed any interest in the proceedings at the original hearing.
8 Local 17-B and Local 907 are affiliated with the A . F. of L. - and were ' represented
at the second hearing by the attorney for the A. F. of L.
REPUBLIC STEEL COMPANY 735
Enginemen, are labor organizations admitting to membership em-
ployees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company refused to recognize the A. F. of L. as the collective
bargaining representative of the locomotive crane engineers and fire-
men and the stationary engineers employed by the Company at its
plant in Buffalo, New York. A dispute exists between the A. F.,
of L., and the S. W. O. C. as to the appropriate unit. A statement
made by the Trial Examiner at the further hearing shows that the
A. F. of L. and the S. W. O. C. each represent a substantial number
of the employees herein in question .4
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 DETERMINATION OF REPRESENTATIVES-
The A. F. of L., Local 907 and Local 17-B urge that the following
two units are each appropriate; one composed of the locomotive crane
engineers and firemen to be represented by Local 17-B and the other
composed of the stationary engineers to be represented by Local 907.
The S. W. O., C. contends that both of these groups of employees-
belong with the other production and, maintenance employees in a
single multi-plant unit. As has been stated, the Brotherhood claims
no jurisdiction over the employees sought to be represented by Locals
907 and 17-B. The Company takes no position with respect to the
appropriate unit or units. -
On September 15, 1941, the Board, pursuant to a stipulation for
certification upon -pay-roll check issued a Decision and Certification
of Representatives 6 in which it certified the S. W. O. C. as the exclu-
sive collective bargaining representative for a multi-plant unit com-
posed of the production and maintenance employees of the Company
including such employees at the Buffalo plant but excluding among
others, the locomotive engineers and firemen, stationary engineers,
locomotive crane engineers, and switchmen employed at the Com-
' The statement shows that the A F. of L. presented authorization cards tending to
prove that it represents 12 locomotive crane operators and 3 crane conductors and
membership dues books tending to prove that it represents 7 stationary - engineers. The
statement shows that S W. 0 C. presented authorization cards tending to prove that it
represents 11 locomotive crane operators and 5 stationary engineers . All of the author-
ization cards and membership dues books , submitted ' to the Trial Examiner bear the names
of persons who were in the employ of the Company from February 16 to February 28,
1942 . There are approximately 15 employees in the unit of locomotive crane operators,
helpers, and conductors which Local 17-B seeks to represent and approximately 9,. in the
unit of stationary engineers which Local 907 seeks to represent
s 35 N L It. B. ' 653
736 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
pany's'Buffalo, New York, plant: The S. W. O. C. has no contract
with the Company covering the employees in the Buffalo plant, but
for a period of approximately 2 years, it has been bargaining with
the Company on behalf of the employees in the plant and at the
present time a contract is being negotiated. The stipulation leading
to the Board's certification provided that "the exclusion of these
employees (i. e. the locomotive engineers and firemen, stationary
en(yineers, locomotive crane engineers, and switchmen) shall not be
construed as a waiver of any right or claim which the Union (S. W.
O. C.) may wish to assert in any other proceeding before the Board
as to the units which should be held to be appropriate for said em-
ployees or any of them."'
The A. F. of L. began organizing the stationary engineers at the
Company's Buffalo, New York, plant approximately 4-or 5 years
prior to the hearing and a number of the stationary engineers em-
ployed in the Company's Buffalo plant have joined and have remained
members of Local 907.' In 1940, and subsequent thereto, Local 907
attempted to bargain collectively with the Company but the Company
refused to enter into negotiations.
Local 17-B began organizational activities among the Company's
employees at the Buffalo plant in August of 1941 and obtained a
number of members in its organization. Thereafter, the Company'
refused to recognize Local 17-B as the bargaining representative of
the employees, which it claimed to represent. Other craft- unions
affiliated with the American Federation 'of Labor have also attempted
to organize certain groups of employees among those excluded from
the unit for which the S.'W. O. C. was certified as exclusive collective
bargaining representative. On March 11, 1942, the Board issued its
Decision and Direction of Elections in which it held that certain of
these excluded groups might properly be included either in the multi-
plant unit for which the S. W. 0. C. had previously been certified or
in separate units claimed to be appropriate by certain craft unions
affiliated' with the A. F. of L.
The employees designated by the petitioner as locomotive crave
engineers are called locomotive crane operators by the Company to
distinguish them from the standard gauge engineers. They operate
electric and steam cranes in the Company's yard which are used for-
the purpose of loading and unloading,pig iron and scrap. The em-
ployees designated by the petitioner as locomotive crane firemen, are
classified by the Company in two groups called operator helpers and
crane conductors.' Operator helpers work with the cranes attaching
e 39 N r, R B 687 - -
7 While operator helpers and crane conductors ate not specifically excluded from the
unit for which ' the S W 0 C was certified as the exclusive collective bargaining repre-
REPUBLIC STEEL COMPANY 737
and unhooking cables and giving signals to the crane operator to
hoist or swing. The crane conductors receive orders from their
superiors as to what materials are to be handled by the cranes and'
where the materials are to be loaded or unloaded. They direct the
loading and unloading operations. Employees frequently work part
of the time as locomotive crane operators and part of the time as
crane conductors and operator helpers. There are also some em-
ployees who spend a major portion of their time doing other work
and who occasionally work in one or more of the above-mentioned
categories of employment. The stationary engineers are comprised
of turbo blower engineers and motor attendants. They are all
licensed engineers and work in the power plant.
All of the employees involved in this controversy are classified by
the Company as a part of its maintenance department.
Under these circumstances, we find that employees who spend a
major portion of their time working in one or more of the categories
of employment designated as locomotive crane operators, operator
helpers, or crane conductors may properly be considered as a separate
unit or as a part of the multi-plant unit desired by the S. W. O. C.,
and that the stationary engineers may also properly be considered
as a separate unit or as a part of the multi-plant unit desired by the
S. W. O. C. Under such circumstances, we shall make no deter-
mination of unit or units at this time but shall direct that the question
concerning representation which has arisen be resolved by separate
elections by secret ballot among these employees as follows :
(a) Among all employees of the Company at its Buffalo, New York,
plant, who spend a major portion of their time working in one or
more of the categories of employment designated as locomotive crane
operators, operator helpers, or crane conductors, to determine whether
they desire to be represented by International Union of Operating
Engineers, Local 17-B, or by Steel Workers Organizing Committee,
Local 1743, C. I. 0., for the purposes of collective bargaining, or by
neither ; and
(b) Among all stationary engineers at said plant, to determine
whether they desire to be represented by International Union of
Operating Engineers, Local 907, or by Steel Workers Organizing
Committee, Local 1743 C. I. 0., for the purposes of collective bar-
gaining, or by neither.
We shall certify the union, if any, designated by a majority of
the employees within each election group as the exclusive representa-
tive thereof. If the S. W. O. C. wins the election in either or both
sentative, they are drawn from a roster of employees commonly called "firemen," and are
subsumed under the category of "firemen " as a group excluded from the appropriate unit
there found.
463892-42-vol 41 47
738 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
groups we shall entertain an application to amend our previous De-
cision and Certification of Representatives by including the employees
in such group or groups, in the multi-plant unit for which the
S. W. O. C. has previously been certified.
Pursuant to our usual practice we shall direct that the employees
eligible to vote shall be those employed by the Company during the
pay-roll period immediately preceding the Direction of Elections,
subject to such limitations and additions as are set forth in the
Direction.
DIRECTION OF ELECTIONS
By virtue of and pursuant to the power vested in the National
Labor Relations Board , by Section 9 (c) of the National Labor Rela-
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 Republic Steel
Corporation, Buffalo, New York, elections by secret ballot shall be
conducted as early as possible but not later than thirty (30) days
from the date of this Direction of Election, under the direction and
supervision of the Regional Director for the Third 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
those employees of Republic Steel Corporation, Buffalo, New York,
who fall within the groups described below and who were employed
by the Company during the pay-roll period immediately preceding
the date of this Direction including employees 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
who were then or have since been temporarily laid off, but excluding
those who have since quit or been discharged for cause;
(a) All employees who spend a major portion of their time working
in one or more of the categories of employment designated as loco-
motive crane operators, operator helpers, or crane conductors, to de-
termine whether they desire to be represented by International Union
of Operating Engineers , Local 17-B, or by Steel Workers Organizing
Committee, Local 1743, C. I. 0., for the purposes of collective bar-
gaining, or by neither; and
(b) All stationary engineers to determine whether they desire to
be represented by International Union of Operating Engineers, Local
907, or by Steel Workers Organizing Committee, Local 1743, C. I. 0.,
for the purposes of collective bargaining, or by neither.
In the Matter of REPUBLIC STEEL COMPANY and INTERNATIONAL
UNION OF OPERATING ENGINEERS, A. F. OF L.
Case No. R-3642
AMENDMENT TO DIRECTION OF ELECTIONS
June 25, 1942
On June 5, 1942, the National Labor Relations Board, herein called
the Board, issued a Decision and Direction of Elections in the above-
entitled proceeding." The Board directed elections among the em-
ployees of the Republic Steel Company, Buffalo, New York, who fall
within the groups described below :
"(a) All employees who spend a major portion of their time work-
ing in one or more of the categories of employment designated as
locomotive crane operators, operator helpers, or crane conductors,
to determine whether they desire to be represented by International
Union of Operating Engineers, Local 17-B, or by Steel Workers
Organizing Committee, Local 1743, C. I. 0., for the purposes of col-
lective bargaining, or by neither; and
"(b) All stationary engineers to determine whether they desire
to be represented by Inter ational Union of Operating Engineers,
Local 907, or by Steel Wo^ers Organizing Committee, Local 1743,
C. 1. 0., for the purposes of collective bargaining, or by neither."
On June 15, 1942, the Steel Workers Organizing Committee, Local
1743, C. I. 0., notified the Board that it desires to withdraw from the
ballot in the election to be held among the employees in group (b),
above, and that it desires to compete in the election among the em-
ployees in group (a), above, under the designation, "United Steel-
workers of America, C. I. O."
The Board hereby amends its Direction of Elections by striking
from clause (a) thereof the'phrase, "or by Steel Workers Organizing
Committee, Local 1743, C. I. 0.," and substituting therefor the words,
"or by United Steelworkers of America, C. I. 0.," subject to the filing
of objections to such amendment with the Board by any of the parties
to the proceeding within five (5) days of the issuance of this Amend-
141 N. L R. B 733 '
41 N. L. R. B., No. 136a.
739
740 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ment to Direction of Elections. The Board further hereby amends
its Direction of Elections by striking clause (b) thereof and substi-
tuting therefor the following: "(b) All stationary engineers to deter-
mine whether or not they desire to be represented by International
Union of Operating Engineers, Local 907, for the purposes of col-
lective bargaining."