Republic Steel Corp.

National Labor Relations Board - Board Decisions

Aug 21, 1945

63 N.L.R.B. 451 (N.L.R.B. 1945)

In the Matter of REPUBLIC STEEL CORPORATION ( PORT HENRY
DIVISION ) and UNITED STEELWORKERS OF AMERICO, CIO
Case No. 2-R-5450.Decided August 21,1945 -
Mr. George R. Rauschenberg, of Cleveland , Ohio, and Mr . Robert
J. Linney, of Port Henry, N. Y., for the Company.
Mr. Adron Coldiron , of Tupper Lake, N. Y., for the CIO.
Mr. John J. Walsh , of Utica, N . Y., for the AFL.
Mr. Samuel G. Hamilton, 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 commerce
had arisen concerning the representation of employees of Republic
Steel Corporation (Port Henry Division), Mineville, New York, herein
called the Company, the National Labor Relations Board provided
for an appropriate hearing upon due notice before Cyril W. O'Gorman,
Trial Examiner. Said hearing was held at Port Henry, New York,
on June 5, 1945. The Company, the CIO, and Iron Ore Miners' Union,
Local 22247, AFL, herein called the AFL, 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 af-
forded an opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Republic Steel Corporation, a New Jersey corporation with its
principal executive offices at Cleveland, Ohio, operates iron ore mines
at Mineville, Witherbee, and Port Henry, New York. It'also operates
a concentrating mill, where the iron ore is processed for the purpose of
63 N. L. R. B., No 69.
662514-46-vol. 63-30 451
452 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
removing impurities, at Port Henry, New York: These operations
comprise the Port Henry Division, which is solely involved herein.
During the year 1944, the Company purchased from points outside
the State of New York more than 5,000 tons of raw materials, consist-
ing chiefly of anthracite coal. During the same period, the Company
shipped to points outside the State more than 500,000 tons of finished
products, consisting chiefly of processed iron ore and sinter.
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, is a labor organization admitting to mem-
bership employees of the Company.
Iron Ore Miners' Union, Local 22247, affiliated with the American
Federation of Labor, is a labor organization admitting to member-
ship employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the CIO as the
exclusive bargaining representative of certain of its employees until
(lie CIO has been certified by the Board in an appropriate unit.
On October 19, 1940, the AFL was certified as the collective bar-
gaining representative of the employees of the Port Henry Division.'
On April 7, 1941, the Company and the AFL entered into a written
contract, which expired on April 7,1942. On August 11, 1942, another
written contract was entered into, which expired on August 11, 1943.
In October or November 1943, certain matters in dispute arising in
connection with the proposed terms and conditions of a new written
contract, were, certified to the National War Labor Board. All of the
points in dispute were resolved and incorporated in a directive order
issued by the Regional War Labor Board on June 27, 1944, and an
amendment thereto issued on January 18, 1945. Although the direc-
tive order requires incorporation in a signed agreement of the terms
and conditions approved by the Regional War Labor Board, no \yritten
contract has been executed by the parties due to a current dispute be-
tween the Company and the AFL with respect to certain provisions
of the directive order of the Regional War Labor Board. The Com-
pany and the AFL have been operating since September 1943, under
an oral agreement whereby the terms and conditions of the 1942 written
contract were ,to be effective until such time as the National War Labor
Board made its ruling and a new contract was executed.
' See Matter of Republic Steel Corporation, 27 N. L. R. B. 955.
REPUBLIC STEEL CORPORATION 453
The AFL contends that the oral agreement bars this proceeding.
We do not agree. In Matter of Eicor, Inc.,2 we established the policy,
to which we have since firmly adhered, that an oral contract is no bar
to a determination of representatives. Nor does the fact that, as the
AFL in effect contends, the oral agreement was made to cover the
period during which a dispute was pending before the National War
Labor Board establish any such equitable claim to remain undisturbed
as has been recognized by the Board in Matter of Allis-Chalmers and
related cases 3 The mere pendency of proceedings before the National
War Labor Board does not bar an election where the exclusive bar-
gaining representative has enjoyed ample opportunity since securing
certification or recognition to obtain substantial benefits for the
employees., Here, more than 4 years have elapsed since the AFL was
certified by the Board as bargaining representative, during which
time the AFL had ample opportunity to secure, and did secure, sub-
stantial contractual benefits for the employees. Accordingly, we find
the contention of the AFL to be without merit.
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that the CIO represents a substantial number of em-
ployees in the unit hereinafter found appropriate.5
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 accord with the agreement of the parties,
that all production and maintenance employees of the Company, in-
cluding assistant foremen," but excluding executives, foremen, drafts-
men, timekeepers, first-aid men, nurses, watchmen, office and clerical
employees and all supervisory employees with authority to hire, pro-
mote, discharge, discipline, or otherwise effect changes in the status of
employees, or effectively recommend such action, constitute a unit ap-
46 N. L. R B 1035
See Matter of Allis-Chalmers Manufacturing Company, 50 N. L. R B. 306 ; Matter of
Taylor Forge and Pipe Works, 58 N. L. R B 1375, and cases cited therein.
4 See Matter of American Car R Foundry Company ( Chicago Plant ), 60 N. L. It. B. 735;
Matter of Great Lakes Carbon Corporation , 57 N. L. R. B. 115 ; Matter of Struthers Wells
Corporation, 59 N. L. R B. 454
6 The Field Examiner reported that the CIO submitted 361 membership cards ; that the
names of 339 persons appearing on the cards were listed on the Company's pay roll of
April 16, 1945, which contained the names of 734 employees in the alleged appropriate
unit ; and that 119 of the cards were dated February 1945, 218 March 1945, and 2 were
undated . The AFL relies upon its oral contract as evidence of its interest.
6 The Company seeks to include the assistant foremen ; the AFL and the CIO take no
position with respect to these employees . While assistant foremen direct the work of
small groups of employees , practically all of their time is devoted to manual labor and they
have no authority effectively to recommend changes in the status of the employees under
their direction Accordingly, we find that assistant foremen are not supervisory employees
within the Board's customary definition thereof.
454- DECISIONS OF NATIONAL LABOR RELATIONS BOARD
propriate for the purposes of collective bargaining within the mean-
ing of Section 9 (b) of the Act.
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 Relations Act,
and pursuant to Article III, Section 9, of National Labor Relations
Board Rules and Regulations-Series 3, 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 Cor-
poration (Port Henry Division), Mineville, New York, 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 Second
Region, acting in this matter as agent for the National Labor Rela-
tions Board, and subject to Article III, Sections 10 and 11, of said
Rules and Regulations, among the employees in the unit found appro-
priate in Section IV, above, 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 including
employees in the armed forces of the United States who present them-
selves in person at the polls, but excluding those employees 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, CIO,
or by Iron Ore Miners' Union, Local 22247, AFL, for the purposes of
collective bargaining, or by neither.
T The request of the AFL that it be designated on the ballot otherwise than as hereimm
set forth is hereby referred to the Regional Director to whom the Board has delegated dis-
cretionary authority in matters relating to the conduct of elections.