Republic Steel Corp.

National Labor Relations Board - Board Decisions

Sep 12, 1941

35 N.L.R.B. 389 (N.L.R.B. 1941)

In the Matter of TROY IRON WORKS, SUBSIDIARY OF REPUBLIC STEEL
CORPORATION and BROTHERHOOD OF RAILROAD TRAINMEN
Case No. R-2928.-Decided September 12, 1941
Investigation and Certification of Representatives : stipulation for certification
upon pay-roll check.
Mr. Thomas F. Patten, of Cleveland, Ohio, for the Company.
Mr. J. R. Lavin, of Jamaica, N. Y., for the Union.
Mr. William H. Bartley, of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
STATEMENT OF THE CASE
. On June 2, 1941, the Brotherhood of Railroad Trainmen, herein
called the Union, filed with the Regional Director for the Second
Region (New York City), a petition alleging that a question affecting
commerce had arisen concerning the representation of employees of
Troy Iron Works, subsidiary of Republic Steel Corporation, herein
called the Company, engaged in the manufacture of steel at Troy,
New York, and requesting investigation and certification of repre-
sentatives pursuant to Section 9 (c) of the National Labor Relations
Act, 49 Stat. 449, herein called the Act. On August 13, 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, nuns pro tune, as of July 31, 1941, an investi-
gation and authorized the Regional Director to conduct it and to
provide for an appropriate hearing on due notice. On July 31, 1941,
the Company, the Union, and an attorney for the Board entered into
a "STIPULATION FOR CERTIFICATION UPON PAY-ROLL
CHECK."
Pursuant to the stipulation, a pay-roll check by comparing the
Union's authorization cards with the pay roll furnished by the
Company was conducted on August 8, 1941, under the direction and
supervision of the Regional Director among all conductors, engi-
neers, brakemen, and firemen employed in yard service at the Troy
35 N. L. R. B., No. 80.
389
390 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Iron Works Division of the Company in Troy, New York, to deter-
mine whether or not said employees desired to be represented by the
Union for the purposes of collective bargaining with the Company.
On August 14, 1941, the Regional Director issued and duly served
upon the parties her Cross-Check Report. No objections to the
Cross-Check Report have been filed by any of the parties.
In her Cross-Check Report the Regional. Director reported that
of the 15 eligible employees on the pay roll of the Company as of
July 15, 1941, 13 employees have signed cards authorizing the Union
to represent them for the purposes of collective bargaining.
Upon the basis of the stipulation, the Cross-Check Report, and
the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. A question affecting commerce has arisen concerning the rep-
resentation of employees of Troy Iron Works, subsidiary of Republic
Steel Corporation, Troy, New York, within the meaning of Section
9 (c) and Section 2 (6) and (7) of the National Labor Relations
Act.
2. All conductors,, engineers, brakemen, and firemen employed in
yard service at the Troy Iron Works Division of the Company
constitute a unit appropriate for the purposes of collective bargain-
ing, within the meaning of Section 9 (b) of the National Labor
Relations Act.
3. Brotherhood of Railroad Trainmen has been designated and
selected by a majority of the employees in the above unit as 'their
representative for the purposes of collective bargaining and is the
exclusive representative of all the employees in said unit, within the
meaning of Section 9 (a) of the National Labor Relations Act.
CERTIFICATION OF REPRESENTATIVES
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.
IT IS HEREBY CERTIFIED that Brotherhood of Railroad Trainmen
has been designated and selected by a majority of all conductors,
engineers, brakemen, and firemen employed in yard service at the
Troy Iron Works, subsidiary of Republic Steel Corporation, Troy,
New York, as their representative for the purposes of collective bar-
gaining and that, pursuant to the provisions of Section 9 (a) of the
Act, Brotherhood of Railroad Trainmen is the exclusive representa-
tive of all such employees for the purposes of collective bargaining
in respect to rates of pay, wages, hours of employment, and other
conditions of employment.