The Greer Steel Co.

National Labor Relations Board - Board Decisions

Dec 3, 1937

4 N.L.R.B. 333 (N.L.R.B. 1937)

In the Matter of THE GREER STEEL COMPANY and TuscoRA LODGE No,
173, AMALGAMATED ASSOCIATION OF IRON, STEEL , AND TIN WORKERS
Cases Nos. R-387 and C-2941.-Decided December 3, 1937
Iron and Steel Industry-Settlement : agreement to comply with Act-Order:
entered on stipulation-Investigation of Representatives : agreement for elec-
tion-Election Ordered-Petition Dismissed: no representative chosen by em-
ployees.
Mr. Harry L. Lodisl% and Mr. Peter Di Leone, for the Board.
Bowers, Stafford cf Bowers, by Dlr. R. C. Bowers and Mr. H. I. N.
Stafford, of New Philadelphia, Ohio, for the Company.
Mr. J. Mark Jacobson, of counsel to the Board.
DECISION
ORDER
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On April 26, 1937, Tuscora Lodge No. 173, Amalgamated Associa-
tion of Iron, Steel, and Tin Workers, herein called the Amalgamated,
filed with the Regional Director for the Eighth Region (Cleveland,
Ohio) a petition alleging that a question affecting commerce had
arisen concerning the representation of employees of The Greer Steel
Company, Dover, Ohio, herein called the Company, and requesting
an investigation and certification of representatives pursuant to
Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein
called the Act.
On July 26, 1937, the Amalgamated filed a charge with the
Regional Director for the Eighth Region against the Company,
alleging violation of Section 8 (1) and (2) of the Act. On October
4, 1937, the National Labor Relations Board, herein called the
Board, acting pursuant to Article III, Sections 3 and 10 (c) (2), and
Article II, Section 37 (b), of National Labor Relations Board Rules
and Regulations-Series 1, as amended, ordered a consolidation of
these cases and ordered an investigation of representatives, authoriz-
ing the Regional Director to conduct it and to provide for an ap-
propriate hearing upon due notice. ,
On November 1, 1937, the Regional Director issued a complaint,
copies of which were duly served upon the Company, the Amalga-
333
334 NATIONAL LABOR RELATIONS BOARD
mated, and Greer Employees Association, herein called the Associa-
tion, a labor organization. The complaint alleged that the respond-
ent had engaged in and was engaging in unfair labor practices af-
fecting commerce, within the meaning of Section 8 (1) and (2) and
Section 2 (6) and (7) of the Act. The respondent thereafter filed
an answer, denying the essential allegations of the complaint.
Pursuant to notice to the Company, the Amalgamated, and the
Association, which is a labor organization purporting to represent
employees directly affected by the investigation based on the peti-
tion, a hearing on both the petition and complaint was held at New
Philadelphia, Ohio, on November 11 and 12, 1937, before J. Ray-
mond Walsh, the Trial Examiner duly designated by the Board.
The Board and the Company were represented by counsel.
During the hearing the Company stipulated and admitted the fol-
lowing facts concerning its business. The Company was incorporated
on January 20, 1920, in West Virginia. Its principal office and
place of business is located in Dover, Ohio. It has plants located at
Dover, Ohio; Detroit, Michigan; Anderson, Indiana; and Greer,
West Virginia. It has resident salesmen at Detroit, Michigan;
Anderson, Indiana; and Chicago, Illinois. The Company is en-
gaged in the business of producing cold rolled strip steel in Dover,
Ohio. The principal raw material used by the Company, hot rolled
strip steel, comes from Youngstown, Ohio ; Cleveland, Ohio ;
Chicago, Illinois; Pittsburgh, Pennsylvania; and West Virginia.
Thirty per cent of the hot rolled strip steel comes from points out-
side the State of Ohio. More than 60 per cent of the finished
product is shipped to points outside the State of Ohio by the Penn-
sylvania and Baltimore & Ohio railroads. The total purchases made
during the year 1936 were over $200,000 and total sales, over
$300,000.
Also during the hearing, the Company and the Amalgamated"
agreed to the following stipulation :
(A) The Respondent is engaged in the business of producing
cold rolled strip steel in Dover, Ohio, and, by admission is
engaged in inter-state commerce.
(B) At the hearing on November 11, 1937, following a,Com-
plaint charging violations of paragraphs 8 (1) and (2) of the
Act the following stipulations were agreed upon by the Board
and Respondent : It is hereby stipulated by and between Counsel
for the respective parties :
I. The National Labor Relations Board may make findings
that the Respondent has engaged in some of the unfair labor
I Counsel for the Board participated in the conferences leading to the stipulation merely
for the purpose of expediting the settlement.
DECISIONS AND ORDERS 335
practices as alleged in the Complaint issued by the Board on
November 1, 1937, in the above-entitled matter.
II. It is further stipulated that the Board may enter a Cease
and Desist Order in this case to the following effect :
The Respondent shall :
1. Cease and desist from in any manner interfering with,
restraining or coercing its employees in the exercise of their
right to self-organization, to form, join or assist labor organiza-
tions, to bargain collectively through representatives of their
own choosing and to engage in concerted activities for the pur-
poses of collective bargaining or other mutual aid or protection
as guaranteed under Section 7 of this Act.
2. Cease and desist from discouraging by any means
membership in the Tuscora Lodge #173, of the Amalgamated
Association of Iron, Steel Tin Workers or any other labor
organization of its employees choosing.
3. Cease and desist from in any manner domiiiating or inter-
fering with the administration of any labor organization of its
employees, from contributing financial aid to said organizations,
from recognizing or dealing in any manner with the Greer Em-
ployees Association or any group or committee purporting to
represent the said organization or from forming or maintaining
any groups or designating any individuals to act as the repre-
sentatives of the employees for the purposes of collective bar-
gaining respecting any of the terms or conditions of employment.
4. Take the following affirmative action to effectuate the
policies and purposes of the National Labor Relations Act :
a. That the Respondent will withdraw all recognition from
the Greer Employees Association as the representatives of their
employees, or any of them, for the purpose of dealing with the
Respondent concerning grievances, labor disputes, wages, rates of
pay, hours of employment or other conditions of employment.
b. That the Respondent will post notices in conspicuous places
about their plant stating that the Greer Employees Association
is disestablished as the representative of their employees or any
of them for the purpose of collective bargaining and that the
Respondent will not extend any recognition to such organization,
the said notices to remain posted for at least thirty (30) days
from the date of posting.
c. That they will personally inform, in writing, the officers of
the Greer Employees Association that the National Labor Rela-
tions Board has made a finding that this organization has been
formed and administered in violation of the National Labor Re-
lations Act and that they will not, in any manner, deal with or
recognize such organization.
336 NATIONAL LABOR RELATIONS BOARD
d. That they will inform all of their officials and agents, in-
cluding superintendents, foremen and other supervisory em-
ployees, that they shall not in any manner approach employees
concerning or discuss with the employees the question of their
labor affiliation or threaten employees in any manner because of
their membership in any labor organization in general or The
Amalgamated Association of Iron, Steel & Tin Workers, Tuscora
Lodge #173 in particular.
III. It is further stipulated that upon compliance with the
Order of the Board, as aforesaid,, within thirty (30) days after
the date of the posting of a notice by the company, which date
of posting of such notice is to be November 17, 1937, and upon
notification to the Board of compliance with the terms of the
Order, the Tuscora Lodge #173 Amalgamated Association
of Iron, Steel & Tin Workers, will withdraw the Charge and
Amended Charge which it filed against the Respondent herein
and will request the Board to dismiss the Complaint herein.
IV. It is further stipulated by agreement of parties that the
Board or the Regional Office may order and conduct an election
to' determine whether or not the employees of the Greer Steel
Company desire the Amalgamated Association of Iron, Steel &
Tin Workers, Local #173, as their exclusive bargaining agency in
accordance with the National Labor Relations Act. It is agreed
that the election is to be held during the month of November, if
possible, between the hours of 7: 00 a. in. and 5: 00 p. in., ap-
proximately. That the pay roll of October 31, 1937, be used and
that the appropriate unit is composed of all production and
maintenance employees of The Greer Steel Company excluding
all supervisory help defined to include foremen and assistant
foremen, excluding clerical help and watchmen. It is further
agreed that Ira Walters may be included in this pay roll, if he
is not there shown. It is further agreed that the following em-
ployees shall be considered disputed : two mill clerks, two sam-
ple boys, one store keeper, one paper cutter and two shipping
clerks, one annealling record runner and Ira Walters. That these
ten employees will be allowed to vote and their ballots segregated
and kept undisclosed, to be used only if necessary to determine
the result; if unnecessary, they will be destroyed, if necessary
they will be the subject of a further order by the Board as to
their eligibility.
V. That inasmuch as part of the garages, the use of which raised
an issue in this proceeding, are located on property not belong-
ing to the Company, the Company stipulates that it is able and
will acquire control of these garages and cease and desist from
DECISIONS AND ORDERS 337
discriminating in any respect with regard to the use or rental
of those garages as well as the garages now located on its
premises and that the Company will build a sufficient number
of additional garages to take care of the demand of its em-.
ployees and will, likewise, refrain from discriminating with re-
gard to those additional garages. That the number of garages
necessary is to be determined as soon as possible and not later
than December 1, 1937. That the collection of rental, if any,
should be conducted in a uniform way, and that the collector
shall be, preferably, Edward F. Swift, or if for some reason he
is unable to do so, some other supervisor or official of the Com-
pany, particularly an employee who is not within the appropri-
ate unit defined above.
On the basis of the above stipulation, the Board will issue an Order
and a Direction of Election.
THE DETERMINATION OF REPRESENTATIVES
The election which we shall direct, pursuant to the stipulation, will
be among the production and maintenance workers of the Company,
excluding supervisory and clerical employees. For the purposes of
this election foremen and assistant foremen are to be included in the
term supervisory employees. The following employees, two mill
clerks, two sample boys, one store keeper, one paper cutter, two ship-
ping clerks, one annealling record runner, and Ira Walters, shall be
permitted to vote, but their ballots shall be segregated; and their
ballots shall be counted only if necessary to determine the result of
the election and then only if the Board, by further decision, has
determined their eligibility to vote.
ORDER
On the basis of the above stipulation, and pursuant to Section
10 (c) of the National Labor Relations Act, the National Labor Rela-
tions Board hereby orders that The Greer Steel Company, Dover,
Ohio, and its officers, agents, successors, and assigns, shall:
1. Cease and desist from in any manner interfering with, restrain-
ing or coercing its employees in the exercise of their rights to self-
organization, to form, join or assist labor organizations, to bargain
collectively through representatives of their own choosing and to
engage in concerted activities for the purposes of collective bargaining
or other mutual aid or protection as guaranteed in Section 7 of
the Act.
2. Cease and desist from discouraging by any means membership
in the Tuscora Lodge No. 173, of the Amalgamated Association of
338 NATIONAL LABOR RELATIONS BOARD
Iron, Steel and Tin Workers, or any other labor organization of its
employees choosing.
3. Cease and desist from in any manner dominating or interfering
with the administration of any labor organization of its employees,
from contributing financial aid to said organizations, from recogniz-
ing or dealing in any manner with the Greer Employees Association
or any group or committee purporting to represent the said organiza-
tion or from forming or maintaining any groups or designating any
individuals to act as the representatives of the employees for the pur-
poses of collective bargaining respecting any of the terms or condi-
tions of employment.
4. Take the following affirmative action which the Board finds will
effectuate the policies and purposes of the Act :
a. Withdraw all recognition from the Greer Employees Association
as the representative of its employees, or any of them, for the pur-
pose of dealing with the Company concerning grievances, labor dis-
putes, wages, rates of pay, hours of employment, or other conditions
of employment;
b. Post notices in conspicuous places about their plant stating that
the Greer Employees Association is disestablished as the representa-
tive of its employees or any of them for the purpose of collective
bargaining and that the Company will not extend any recognition to
such organization, the said notices to remain posted for at least thirty
(30) days from the date of posting;
c. Personally inform, in writing, the officers of the Greer Em-
ployees Association that it will not, in any manner, deal with or
recognize such organization;
d. Inform all of its officials and agents, including superintendents,
foremen and other supervisory employees, that they shall not in any
manner approach employees concerning or discuss with the employees
the question of their labor affiliation or threaten employees in any
manner because of their membership in any labor organization in
general, or the Amalgamated Association of Iron, Steel and Tin
Workers, Tuscora Lodge No. 173, in particular.
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, 49 Stat. 449, and pursuant to Article III, Section 8, of the
National Labor Relations Board Rules and Regulations-Series 1, as
amended, it is
DIRECTED that, as part of the investigation directed by the Board to
ascertain representatives for the purposes of collective bargaining
with The Greer Steel Company, Dover, Ohio, an election by secret
ballot shall be conducted within ten (10) days from the date of this
DECISIONS AND ORDERS 339
Direction , under the direction and supervision of the Regional Di-
rector for the Eighth 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 , and in accordance with the instruc-
tions laid down in the above Decision and with the stipulation entered
into in this case, among the production and maintenance employees
of The Greer Steel Company, Dover, Ohio, as of October 31, 1937,
excluding supervisory and clerical employees and watchmen , to deter-
mine whether or not they desire to be represented by Tuscora Lodge
No. 173, Amalgamated Association of Iron , Steel, and Tin Workers
for the purposes of collective bargaining.
[SAME TITLE]
SUPPLEMENTAL DECISION
AND
ORDER
January 10, 1938
On April 26, 1937, Tuscora Lodge No. 173, Amalgamated Associa-
tion of Iron, Steel , and Tin Workers , herein called the Amalgamated,
filed with the Regional Director for the Eighth Region (Cleveland,
Ohio) a petition alleging that a question affecting commerce had
arisen concerning the representation of employees of The Greer Steel
Company, Dover, Ohio, herein called the Company, and requesting
an investigation and certification of representatives pursuant to Sec-
tion 9 ("c) of the National Labor Relations Act, 49 Stat. 449, herein
called the Act. On October 4 , 1937, 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 1, as amended, ordered an
investigation of representatives , authorizing the Regional Director
to conduct it and to provide for an appropriate hearing upon due
notice.
Pursuant to notice to the Company, the Amalgamated , and Greer
Employees Association , a labor organization purporting to repre-
sent employees directly affected by the investigation based on the
petition , a hearing was held at New Philadelphia, Ohio, on Novem-
ber 11 and 12, 1937 , before J. Raymond Walsh, the Trial Examiner
duly designated by the Board. On December 3, 1937, the Board
issued a Decision, Order, and Direction of Election based upon
stipulations entered into at the hearing by the Company and the
Amalgamated . The Direction of Election provided that an elec-
tion by secret ballot should be held among the production and
340 NATIONAL LABOR RELATIONS BOARD
maintenance employees of the Company, as of October 31, 1937,
excluding supervisory and clerical employees and watchmen, in
accordance with the said stipulation, to determine whether or not
they desired to be represented by Tuscora Lodge No. 173, Amalga-
mated Association of Iron, Steel, and Tin Workers for the purposes
of collective bargaining.
Pursuant to the Direction, balloting was conducted on Decem-
ber 13, 1937. Full opportunity was accorded to all the parties to
this investigation to participate in the conduct of the secret ballot
and to make challenges. Thereafter, the Regional Director, acting
pursuant to Article III, Section 9, of National Labor Relations Board
Rules and Regulations-Series 1, as amended, issued and duly served
upon the parties to the proceeding his Intermediate Report on the
ballot. No exceptions to the Intermediate Report have been filed by
any of the parties.
As to the balloting and its results, the Regional Director reported
as follows :
Total number of employees eligible__________________________ 263
Total number of ballots counted ----------------------------- 248
Total number of votes for Tuscora Lodge No. 173, Amalgamated
Association of Iron, Steel , and Tin Workers________________ 112
Total number of votes against Tuscora Lodge No. 173, Amal-
gamated Association of Iron, Steel , and Tin workers------- 136
Total number of blank ballots_______________________________ 0
Total number of void ballots________________________________ 0
Total number of challenged votes____________________________ 11
The results of the secret ballot show that no collective bargaining
representatives have been selected by a majority of the employees
of the Company in the appropriate unit. We will accordingly dis-
miss the petition for investigation and certification filed by the
Amalgamated.
ORDER
Pursuant to Article III, Sections 8 and 9, of National Labor Rela-
tions Board Rules and Regulations-Series 1, as amended, it is
ordered that the petition filed by Tuscora Lodge No. 173, Amalga-
mated Association of Iron, Steel, and Tin Workers for investigation
and certification of representatives of employees of The Greer Steel
Company, Dover, Ohio, be, and it hereby is, dismissed.