Republic Steel Corp.

National Labor Relations Board - Board Decisions

Oct 22, 1945

64 N.L.R.B. 387 (N.L.R.B. 1945)

In the Matter Of REPUBLIC STEEL CORPORATION TROY FURNACE
DIVISION) and UNITED STEELWORKERS OF AMERICA, CIO
Case No. 2-R-5477.-Decided October 22, 1945
2iIr. George R. Rauschenberg, of Cleveland, Ohio; Mr. B. 7'. Dye,
of Buffalo, N. Y.; and Mr. J. S. Torbic, of Troy, N. Y., for the Com-
pany.
Mr. David Hughes, of Schenectady, N. Y., for the Steelworkers.
Mr. Maurice Enright, of New York City, and Mr. Thomas Cross,
of Waterford, N. Y., for the Brotherhood.
Mrs. Augusta Spaulding, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF TILE CASE
Upon a petition duly filed by United Steelworkers of America, CIO,
herein called the Steelworkers, alleging that a question affecting
commerce had arisen concerning the representation of employees of
Republic Steel Corporation, Troy, New York, herein called the Com-
pany, the National Labor Relations Board provided for an appropri-
ate hearing upon due notice before John J. Cuneo, Trial Examiner.
The hearing was held at Troy, New York, on June 29, 1945. The
Company, the Steelworkers, and Brotherhood of Railroad Train-
men, Trojan Lodge 90, herein called the Brotherhood, appeared, par
ticipated, and were afforded full opportunity to be heard, to examine
and cross-examine witnesses, and to introduce evidence bearing on
the issues. During the course of the hearing, the Brotherhood moved
that the Board dismiss the petition filed herein, on the ground that
a contract between the Company and the Brotherhood constitutes a
bar to a determination of representatives at this time. The Trial
Examiner did not rule on this motion. For reasons which appear
in Section III, below, the motion is denied. The Trial Examiner's
rulings made at the hearing are free from prejudicial error and are
64 N. L. R. B., No. 70.
387
388 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
hereby affirmed., All parties were afforded an opportunity to file
briefs with the Board.
Upon the entire record in the case, the Board snakes the following:
FINDINGS OF FACT
1. THE BUSINESS OF TilE COMPANY
Republic Steel Corporation is a New Jersey corporation, having its
principal executive offices at Cleveland, Ohio. The Company is en-
gaged in the manufacture, sale, and distribution of iron and steel
products with manufacturing and finishing plants in the States of
Ohio, New York, Illinois, Pennsylvania, Indiana, and Alabama and
in Canada. The Company obtains about one-half its requirements
of iron ore and coal from its own mines and the remaining part from
mines of companies in which it has an interest or by purchase from
others. The Company or its subsidiaries own or control iron ore prop-
erties in the States of Michigan, New York, and Alabama, and coal
companies in the States of Pennsylvania, Kentucky, and West Vir-
ginia. A substantial tonnage of raw materials used at each of the
Company's plants and properties is recevied from points located
outside the States in which are located the respective plants at which
the material is used. A substantial tonnage of finished products is
shipped from each of the plants to points outside the States in which
the plants are respectively located. The only plant of the Company
involved in this proceeding is located at Troy, New York, -and is
known as the Troy Furnace Division.
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 is a labor organization affiliated
with the Congress of Industrial Organizations, admitting to member-
ship employees of the Company.
Brotherhood of Railroad Trainmen, Trojan Lodge 90, is an un-
affiliated labor organization, admitting to membership employees of
the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On January 31, 1945, the Steelworkers asked the Company for rec-
ognition as bargaining representative of conductors, engineers, brake
men, and firemen employed in yard services at the Company's Troy
Furnace Division. The Company refused the request, on the ground
' On July 20 , 1945 , the parties entered into a stipulation for the correction of certain
errors appearing in the transcript of the record. The Board orders that the stipulation be,
and it hereby is, made a part of the official record in this proceeding and that the record
be, and it hereby is, corrected in accordance with the stipulation of the parties.
REPUBLIC STEEL CORPORATION 389
that a contract between the Company and the Brotherhood constituted
a bar.
On December 12, 1941, the Company and the Brotherhood entered
into an exclusive bargaining contract covering conductors, engineers,
brakemen, and firemen employed in yard services at the Company's
Troy Furnace Division. This contract by its terms provided that it
remain in full force and effect for 1 year and thereafter from year to
year unless 30 days' notice in writing were given by either party to
change or cancel the same prior to the expiration date. In 1942 and
1943 neither party gave notice to terminate and the contract was au-
tomatically renewed. The Company and the Brotherhood contend
that the contract was again renewed in 1944, prior to the claim of
the Steelworkers, and thus constitutes a bar to this proceeding. The
Steelworkers contends that the contract was reopened by the parties
and that the contract thus constitutes no bar to a determination of
representatives at this time.
The contract between the Company and the Brotherhood was re-
newed on November 12, 1943, the automatic renewal date, for an addi-
tional contract term, when neither party gave the required notice to
the other of a desire to terminate the agreement. Again, on or before
November 12, 1944, neither party gave notice to the other of a desire
to terminate the agreement. On December 1, 1944, however, the
Brotherhood wrote a letter to the Company, requesting that the parties
enter into negotiations for wage increases for the employees concerned.
Following the receipt of the letter, the Company and the Brotherhood
conferred concerning wage increases and these negotiations were still
pending at the time of the hearing. On January 31, 1945, the Steel-
workers made its request for recognition.
By failure to give notice of a desire to terminate the contract on
November 12, 1944, the Company and the Brotherho'c' each lost the
unilateral right to require a change in the terms of their contract for
an additional year. We are not persuaded that their negotiations sub-
sequent to November 12, 1944 , constituted a mutual determination to
enter into a new contract. Thus, we find that the contract remains a
bar to a change of bargaining representative during the full term of
the contract year. A substantial time, however, has now elapsed since
the filing of the petition in this proceeding. We see no good reason
at this date to dismiss the petition filed herein without prejudice to
the filing of a new petition prior to the automatic renewal day, Novem-
ber 12, 1945, a date less than 1 month in the future. The claim of the
Steelworkers to represent the employees herein concerned is the only
substantial issue raised by the petition. We believe that the contract,
under these circumstances, should not constitute a bar to a determina-
tion of representatives to negotiate a new contract when the present
term of the renewed contract shall be terminated . We therefore find
390 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
that, for this reason, the contract is not a bar to a determination of
representatives at this time and for the limited purpose mentioned.
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that the Steelworkers and the Brotherhood each repre-
sents a substantial number of employees in the yard services in the
unit proposed by the Brotherhood.'
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 parties agree that all conductors, engineers, brakemen, and fire-
men employed in yard service at the Company's Troy Furnace Divi-
sion, excluding the yard master and other supervisory employees, con-
stitute an appropriate bargaining unit. Employees so described are
presently covered by the contract between the Company and the
Brotherhood.
Since the Brotherhood is limited in jurisdiction to the employees
whom it may include in a bargaining unit, the Brotherhood desires
that the bargaining unit be confined to the employees described above.
The Steelworkers, however, while conceding that the unit is appropri-
ate, is already bargaining representative of production and mainte-
nance employees in all the Company's plants, including production
and maintenance employees of the Troy Furnace Division. The Com-
pany and the Steelworkers agree that if the Steelworkers is chosen as
the bargaining representative of employees in the yard service at the
Troy Furnace Division, the Steelworkers may bargain for these em-
ployees in the same unit with production and maintenance employees
and that they may all be covered by a single contract. Conductors,
engineers, brakemen, and firemen employed in yard service at other
plants of the Company are covered by the same contract. We see no
objection to the request of the Company and the Steelworkers that, if
the Steelworkers be chosen as the representative of conductors, engi-
neers, brakemen, and firemen employed in yard service at the Troy
Furnace Division, these employees may be considered a part of the
unit for which the Steelworkers is already recognized as exclusive
bargaining representative by the Company. Under these circum-
stances, we shall make no finding with respect to the appropriate unit
for these employees until the results of the election which we shall
direct shall be disclosed.
R The Steelworkers submitted 6 membership cards, and the Brotherhood 10 authorization
cards, all bearing apparently genuine signatures of employees in the Company's yard serv-
ices at Troy. There are approximately 16 employees in the yard services in the unit pro-
posed by the Brotherhood.
REPUBLIC STEEL CORPORATION
V. THE DETERMINATION OF REI;RESENTATIVES
391
We find that the question concerning representation which has.
arisen may best be determined by an election by secret ballot.
Andrew Casale, an employee absent for 2 years on account of illness,
has recently returned to work at the Company's yard. Before his ill-
ness, Casale served as locomotive fireman, and he expects to work
in this capacity, with no loss of seniority, as soon as his strength
permits. Casale is temporarily working on a part-time basis in the
yard as laborer, a category of employment covered by the contract
between the Company and the Steelworkers. The parties agree that
Casale is entitled to reinstatement as fireman. and that he may vote-
in the election as an employee absent from his regular employment.
due to illness, and we so find, deeming the inclusion of Casale among-
eligible employees to be covered by the usual language of our Direction.
Those eligible to vote in the election shall be all conductors, engi-
neers, brakemen, and firemen employed in yard service at the Com--
pany's Troy Furnace Division, excluding the yardmaster and other
supervisory employees with authority to hire, promote, discharge,
discipline, or otherwise effect changes in the status of employees, or
effectively recommend such action, who were employed during the
pay-roll period immediately preceding the date of the issuance of this
Decision and Direction of Election, 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 Rela-
tions 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
Corporation, Troy, 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 Relations Board, and subject to Article
III, Sections 10 and 11, of said Rules and Regulations, among all con-
ductors, engineers, brakemen, and firemen employed in yard service at-
the Company's Troy Furnace Division, who were employed during the
pay-roll period immediately preceding the date of this Direction, in-
cluding employees who did not work during said pay-roll period.
because they were ill or on vacation or temporarily laid off, and in--
392 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
eluding employees in the armed forces of the United States who present
themselves in person at the polls, but excluding the yardmaster, and
any other supervisory employees with authority to hire, promote,
discharge, discipline, or otherwise effect changes in the status of em-
ployees, or effectively recommend such action, and 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 Brotherhood of Railroad Trainmen, Trojan
Lodge 90, for the purposes of collective bargaining, or by neither.
MR. GERARD D. REILLY took no part in the consideration of the above
Decision and Direction of Election.