Republic Steel Corp.

National Labor Relations Board - Board Decisions

Mar 31, 1944

55 N.L.R.B. 956 (N.L.R.B. 1944)

In the Matter of REPUBLIC STEEL CORPORATION, STEEL & TUBE DIVISION,
ELYRIA PLANT and UNITED STEELWORKERS OF AMERICA (CIO )
Case No. 8-R-14434.-Decided March 31, 1.9.1.1
Messrs. E. J. Magee, George R. Rauschenberg, and Raymond Lewis,
all of Cleveland, Ohio, for the Company.
Mr. Michael A. Melia, of Cleveland, Ohio, for the CIO.
Messrs. William J. Moore and Milne E. O'Dell, of Elyria, Ohio, for
the Association.
Mr. William Strong, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by United Steelworkers of America,
(CIO), herein called the CIO, alleging that a question affecting com-
merce had arisen concerning the representation of employees of Re-
public Steel Corporation, Steel & Tubes Division, Elyria Plant, Elyria,
Ohio, herein called the Company, the National Labor Relations Board
provided for an appropriate hearing upon due notice before Louis
Plost, Trial Examiner. Said hearing was held at Cleveland, Ohio, on
March 4, 1944. The Company, the CIO, and the Employees Represen-
tation Association, Steel and Tubes, (Independent), herein called the
Association, appeared and participated. All parties were afforded full
opportunity to be heard, to examine and cross-examine witnesses, and
to introduce evidence bearing on the issues. The Trial Examiner's
rulings made at the hearing are free from prejudicial error and are
hereby affirmed. All parties were afforded an opportunity to file
briefs with the Board.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS 01'' THE COMPANY
The Company, a New Jersey corporation, is engaged in the manu-
facture, sale, and distribution of iron and steel products. Its princi-
55 N. L. R B., No. 170.
956
REPUBLIC STEEL CORPORATION 957
pal plants are located at Youngstown, Warren, Cleveland, Canton,
Massillon, Niles, and Elyria, Ohio ; Brooklyn and Buffalo, New
York; Chicago and Moline, Illinois; Pittsburgh and Beaver Falls,
Pennsylvania ; Gary, Indiana; Birmingham and Gadsden, Alabama ;
and Hamilton, Ontario, Canada. The Company obtains more than
one-half of its requirements of iron ore and coal from its own mines
and the balance from mines of companies in which it has an interest,
and by purchase from others. The Company and its subsidiaries
own or hold under lease iron ore properties in Michigan, New York,
and Alabama, and coal properties in Pennsylvania, Kentucky, and
West Virginia. Substantial tonnages of raw material used at each
of the Corporation's plants and properties are received from points
outside the States in which the respective plants at which such
material is used are located. Substantial tonnages of finished prod-
ucts are shipped from each of said plants to points outside the
States in which the plants are located.
The Elyria plant is the only one with which we are here concerned.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
United Steelworkers of America, affiliated with the Congress of
Industrial Organizations, and Employees Representation Association,
Steel and Tubes, (Independent) are labor organizations admitting to
membership employees of the Company.
III. TIIE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the CIO as the
exclusive bargaining representative of certain of the Company's em-
ployees on the ground that the Company is a party to a contract with
the Association covering the employees whom the CIO claims to
represent. The contract in question, executed in September 1942, is
of indefinite duration and provides that proposed changes may be
negotiated upon 10 days' written notice by either party, and that it
will become abrogated if no change is thereafter agreed upon by the
parties. We find that the contract is not a bar to a present
determination of representatives.
A statement of a Board agent, introduced into evidence at the
hearing, indicates that the CIO represents a substantial number of
employees in the unit hereinafter found appropriate.'
' The Field Examiner reported that the CIO submitted 162 authorization cards, 153 of
which bore the names of persons listed on the Company's pay roll of February 21, 1944,
which contained the navies of about 200 employees in the appropriate unit The Associa-
tion points to its contract with the Company as evidencing its interest in the employees
involved.
958 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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
We find, in substantial agreement with a stipulation of the parties,
that all production and maintenance employees of the Company at
its Elyria, Ohio, plant, Steel & Tubes Division, excluding executives,
foremen, assistant foremen, supervisors who do not work with tools,
draftsmen, timekeepers, first-aid men and nurses, watchmen, office
and salaried employees, and any other supervisory employees with
authority to hire, promote, discharge, discipline, or otherwise effect
changes in the status of employees, or effectively recommend such
action, constitute a unit appropriate for the purposes of collective
bargaining within the meaning of Section 9 (b) of the Act.2
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among the em-
ployees in the appropriate unit who were employed during the pay-
roll period immediately preceding the date of the Direction of Elec-
tion herein, subject to the limitations and additions set forth in the
Direction.
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 Re-
lations Act, and pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 3, it is hereby
DIRECTED that, as part of the investigation to ascertain repre-
sentatives for the purposes of collective bargaining with Republic
Steel Corporation, Steel &, Tubes Division, Elyria Plant, Elyria, Ohio,
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
Eighth Region, acting in this matter as agent for the National
Labor Relations Board, and subject to Article III, Sections 10 and
11, of said Rules and Regulations , among the employees in the unit
found appropriate in Section ITV, who were employed during the
pay-roll period immediately preceding the date of this Direction,
including employees who did not work during the said pay-roll
period because they were ill or on vacation or temporarily laid off, and
8 This is the unit covered by the contract between the Company and the Association.
REPUBLIC STEEL CORPORATION 959
including employees in the armed forces of the United States who
present themselves in person at the polls , but excluding any who
have since quit or been discharged for cause and have not been rehired
or reinstated prior to the date of the election , to determine whether
they desire to be represented by United Steelworkers of America,
affiliated with the Congress of Industrial Organizations, or by the
Employees Representation Association , Steel and Tubes, (Inde-
pendent ) for the purposes of collective bargaining, or by neither.