The Shenango Furnace Co.

National Labor Relations Board - Board Decisions

Jul 10, 1945

62 N.L.R.B. 1231 (N.L.R.B. 1945)

In the Matter of THE SHENANGO FURNACE COMPANY and NATIONAL
MARITIME UNION OF AMERICA, CIO
Case No. 8-iR-1833.Decided July 10, 1945
Duncan, Leckie, McCreary, Schlitz, and Hinslea, by Mr. J. F. Weiser,
of Cleveland, Ohio, for the Company.
Mr. Frank Jones, of Cleveland, Ohio, for the CIO.
Mr. Mardy Polaner, of Detroit, Mich., for the AFL.
Miss Helen Hart, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by National Maritime Union of America,
CIO, herein called the CIO, alleging that a question affecting commerce had
arisen concerning the representation of employees of The Shenango Fur-
nace Company, Cleveland, Ohio, herein called the Company, the National
Labor Relations Board provided for an appropriate hearing upon due
notice before Arthur Stark, Trial Examiner. Said hearing was held at
Cleveland, Ohio, on May 31, 1945. At the commencement of the hearing,
the Trial Examiner granted a motion to intervene made by Seafarers'
International Union of North America (AFL), Great Lakes District,
herein called the AFL. The Company, the CIO, and the AFL appeared,
participated, and 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 OF THE COMPANY
The Shenango Furnace Company, a Pennsylvania corporation with its.
principal office at Pittsburgh, Pennsylvania, has a Steamship Department
62 N. L. R. B., No. 163.
1231
1232 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
located in Cleveland, Ohio, which is solely involved in this proceeding.
The Company is engaged in the operation of, vessels on the Great Lakes
carying bulk cargo such as iron ore and coal. The Company now operates
three steamers with a total capacity of over 30,000 tons. During 1944, the
Company carried approximately 1,000,000 tons of bull( cargo on its vessels
The Company admits that it is engaged in commerce within the meaning
of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
National Maritime Union of America, affiliated with the Congress of
Industrial Organizations, is a labor organization admitting to membership
employees of the Company.
Seafarers' International Union of North America, Great Lakes District,
affiliated with the American Federation of Labor, is a labor organization
admitting to membership 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 the
CIO has been certified by the Board in an appropriate unit.
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! I
We find that a question affecting commerce has arisen concerning the
representation of employees of the Company, within the meaning of Sec-
tion 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
It appears that the CIO and the AFL are in virtual accord with respect
to the appropriate unit, whereas, the Company takes no position.
In substantial accordance with the agreement of the unions and based
upon the entire record, we find that all unlicensed personnel employed on
all vessels operated by the Company constitute a unit appropriate for the
purposes of collective bargaining within the meaning of Section 9 (b) of
the Act.
'The Field Examiner reported that the CIO submitted 74 membership cards and statements; that
the AFL submitted 26 authorization cards ; and that there were 85 employees in the alleged appro-
priate unit.
We are satisfied that the CIO's showing is sufficient to warrant proceeding with a determination
of representatives despite the fact , emphasized try the Company , that no pay -roll check was made
As we have repeatedly held, the requirement of showing is merely an administrative expedient
adopted to enable us to determine for ourselves whether or not further steps in a representation
pioceeding are justified See Matter of Buffalo Arms Corporation , 57 N. L. R B 1560.
THE SHENANGO FURNACE COMPANY 1233
V THE DETERMINATION OF REPRESENTATIVES
We are of the opinion that the question concerning representation which
has arisen can best be resolved by an election by secret ballot.
The CIO and the AFL contend that the port agents or shore-side repre-
sentatives of the unions should he permitted to act as observers at the
Board's election. The unions argue, inter alia, that there is insufficient time,
after a boat docks, to instruct any of its crew as to the duties of an observer.
The Company maintains that the observers for the unions and the Company
should be selected from the unlicensed members of the ship; however, if
the unions are permitted to have their shore agents act in such capacities,
then the Company asks the right to choose any of its personnel, including
supervisory employees, to serve as its observers. Because of the nature of
the maritime industry, deviation from ordinary election procedures may
be required. This is a matter within the discretion of the Regional Director
to dispose of as he deems advisable. Likewise, the CIO's demand that ballot-
ing take place in the pilot house or passenger's quarters rather than in the
captain's quarters is also within the scope of the Regional Director's
authority to decide.
Although the parties ask that the Board abandon its-usual procedure of
determining eligibility to vote by the pay-roll period immediately preceding
the date of the Direction of Election, we perceive no reason to depart from
our customary practice. We have noted that the Company has a monthly
pay roll which ends on the -last day of each calendar month. Since, how-
ever, our Direction of Election is issuing a reasonable time following the
end of the June pay-roll period, our normal policy should result in a
representative vote by eliminating from participation in the election em-
ployees who have worked for a very short time and by permitting em-
ployees to cast ballots who have been employed for a relatively substantial
period.
We shall direct that the question concerning representation which has
arisen be resolved by an election by secret ballot among the employees in
the appropriate unit who were employed during the pay-roll period immedi-
ately preceding the date of the Direction of Election 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
2 We hereby deny the AFL's request that the words "no union" be substituted for the customary
"neither" which is placed on the ballot in two-union elections , finding that no useful purpose will
be served thereby.
1234 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
DIRECTED that, as part of the investigation to ascertain representatives
for the purposes of collective bargaining with The Shenango Furnace Com-
pany, Cleveland, 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 IV, above,-who were employed during the pay-roll period im-
mediately preceding the date of this Direction, including employees who
did not work during said pay-roll period because they were ill or on vaca-
tion or temporarily laid off, and including employees in the armed forces
of the United States who present themselves 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 elec-
tion, to determine whether they desire to be represented by National Mari-
time Union of America, CIO, or by Seafarers' International Union of North
America (AFL), Great Lakes District, for the purposes of collective bar-
gaining, or by neither.
CHAIRMAN HERZOG took no part in the consideration of the above Deci-
sion and Direction of Election.