Republic Steel Corp.

11 In the Matter of REPUBLIC STEEL CORPORATION and BROTHERHOOD OF LOCOMOTIVE FIREMEN AND ENGINEMEN AND SWITCHMEN'S UNION OF NORTH AMERICA (A. F. OF L.) Case No. R-34.20.-Decided March 11, 11942 Jurisdiction : iron and steel products manufacturing industry. Investigation and Certification of Representatives : existence of question: rival labor organizations; refusal to recognize or bargain with petitioning unions unless and'until they were certified by the Board; election necessary. Unit Appropriate for Collective Bargaining : election ordered to determine whether (1) all engineers, firemen, hosteler's and hostelers' helpers; and (2) all conductors, switchmen and switchmen's helpers, shall constitute separate units or be part of the multi-plant unit desired by the industrial organization. Mr. W. B. Belden, of Cleveland, Ohio, and Mr. E. J. Magee, of Cleveland, Ohio, for the Company. Mr. C. H. Keenen, of Cleveland, Ohio, and Mr. John Anderson, of Buffalo, N. Y., for the Brotherhood. Mr. John Lungergan, of Buffalo, N. Y., and Mr. Joseph L. Foster, of Buffalo, N. Y., for the Switchmen. Mr. Ralph W. Nolan, of Buffalo, N. Y., for the S. W. O. C. Mr. J. Benson Saks, of counsel to the Board. DECISION AND DIRECTION OF ELECTIONS STATEMENT OF THE CASE On November 3, 1941, Brotherhood of Locomotive Firemen and Enginemen, herein called the Brotherhood, and Switchmen's Union of North America (A. F. of L.), herein called the Switchmen, filed with the Regional Director for the Third Region (Buffalo, New York) a joint petition alleging that a question affecting commerce had arisen concerning the representation of the engine- and train-service em- ployees of Republic Steel Corporation, Buffalo, New York, 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 December 8, 1941, the National Labor Relations Board, herein called the Board, 39 N. L. R. B., No. 131. 687 448105-42-vol 39--45 688 DECISIONS OF NATIONAL LABOR RELATIONS BOARD acting pursuant to Section 9 (c) of the Act and Article III, Section 3, of National Labor Relations Board Rules and Regulations-Series 2, as amended, ordered an investigation and authorized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice. On December 11, 1941, the Regional Director issued a notice of hearing, copies of which were duly served upon the Company, the Brotherhood, the Switchmen, and, Steel Workers Organizing Commit- tee, affiliated with the Congress of Industrial Organizations, herein called the S. W. O. C., a labor organization claiming to represent em- ployees directly affected by the investigation. Pursuant to notice, a hearing was held on December 19, 1941, at Buffalo, New York, before Peter J. Crotty, the Trial Examiner duly designated by the Chief Trial Examiner. The Company was represented by counsel, the Brotherhood, the Switchmen, and the S. W. O. C. by their representa- tives; all participated in the hearing. Full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues was afforded all parties. During the course of the hearing, the Trial Examiner made several rulings on motions and on objections to the admission of evidence. The Board has reviewed the rulings of the Trial Examiner and finds that no prejudicial errors were committed. The rulings are hereby affirmed. Upon the entire record in the case, the Board makes the following: FINDINGS OF FACT 1. THE- BUSINESS OF THE COMPANY The Company is,engaged in the manufacture, sale, and distribution of iron and steel products. It has 17 principal manufacturing and finishing plants in present operation. From September 1, 1940, to November 30, 1941, the value of the raw materials used at the Com- pany's Buffalo, New York, plant amounted to approximately $20,- 000,000, of which about 40 percent were obtained from points outside the State of New York. From December 1, 1940, to November 30, 1941, the value of the finished products produced at the Company's Buffalo, New York, plant amounted to approximately $29,000,000, of which 76 percent were-shipped to points, outside the State of New York. The Company concedes that it is engaged in commerce within the meaning of the Act. II. THE ORGANIZATIONS INVOLVED Brotherhood of Locomotive Firemen and Enginemen is a labor organization, admitting to membership employees of the Company. Switchmen's Union of North America is a labor organization affiliated with the American Federation of Labor. It admits to membership employees of the Company. REPUBLIC STEEL CORPORAT'IONS 689 • Steel Workers Organizing Committee is a labor organization affiliated with the Congress of Industrial Organizations. .It admits to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The Brotherhood and the Switchmen requested 'the Company to recognize -them as the collective bargaining representatives of "all locomotive engineers, firemen, hostelers, hostelers' helpers, conduc- tors, switchmen and their helpers employed at the Buffalo, New York, plant." The Company refused to bargain collectively with the Brotherhood and the Switchmen unless and until they were certified by the Board. A report prepared by the Regional Director -of the Board; and admitted into evidence at the hearing, shows that the Brotherhood, the Switchmen, and the S. W. O. C. each represents a substantial number of the employees herein in question.' We find that a question has arisen concerning the representation of employees of the Company. IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON COMMERCE We fmd that the question concerning representation which, has arisen, occurring in connection with the operations of the Company described in Section I above, has- a close, intimate, and substantial relation to trade, traffic, and commerce among the several States and tends to lead to labor disputes burdening and obstructing commerce and the free flow of commerce. V. THE APPROPRIATE UNIT The Brotherhood and the Switchmen urge that the following two units are each appropriate: one composed of engineers, firemen, hostelers and hostelers' helpers, hereinafter sometimes referred to as the engine employees, to be represented by the Brotherhood; the other consisting of conductors, switchmen, and' switchmen's helpers, here- inafter sometimes referred to as the train-service employees, to be represented by the Switchmen. The S. W. O. C. contends that both these groups of employees belong with the other production and maintenance employees in a single multi-plant unit. The Company takes no position with respect to the appropriate unit or units. I The Regional Director reported as follows The Brotherhood submitted 36 cards and the Switchmen 41 cards. All these cards are dated as of 1941 and the signatures appear to be genuine Seventy-three of the signatures are the names of persons who appear on the list of employees submitted by the Company, dated November 21, 1941. The S W 0 C presented a total of 97 cards. Of this number 21 bear dates of 1941, 48 are dated in 1940, 4 are of 1938, 11 were dated in 1937, 1 in 1936, 3 are partially dated , the year date being absent, and 3 cards bear no date at all Of the 91 cards, 87 appear to bear genuine signatures. Of this number of genuine signatures , 52 are the names of persons appearing on the list of employees submitted by the Company, dated November 21, 1941 The Company employs approximately 49 employees in the unit which the Brotherhood , and 76 employees in the unit which the Switchmen seek to represent. 690 DECISIONS OF NATIONAL LABOR RELATIONS BOARD The engine- and train-service employees operate the two intraplant railway systems at the Buffalo plant. The engine employees operate the engines. The train-service employees tend to the switching of the trains and act as conductors thereon. The S. W. O. C. began to organize among the employees of the Buffalo plant in 1936 Sometime in 1938 the S. W. O. C. began meet- ing with the Company in behalf of these employees. At that time the S. W. O. C. handled grievances,of the production and maintenance employees, including the engine- and train-service employees. In January 1938 engine employees at the Buffalo plant undertook to organize separately from the production and maintenance employees. In April 1938 they were admitted to membership in the Brotherhood. On June 10, 1940, the Brotherhood reached an oral agreement with the Company as to wages and conditions of employment affecting the engine employees. On September 15, 1941, the Board, pursuant to a stipulation for certification upon pay-roll check, issued a Decision and Certification of Representatives 2 in which it certified the S. W. O. C. as the exclusive collective bargaining representative for a multi- plant unit composed of the production and maintenance employees of the Company, including such employees at the Buffalo plant, but excluding among others "locomotive engineers and firemen," 3 and "switchmen," 4 at the Buffalo plant. Paragraph 6, sub-section 3, of the stipulation leading to the Board's certification provided that "the exclusion of these employees [i. c. "locomotive engineers and firemen" and "switchmen"] shall not be construed as a waiver of any right or claim which the Union [S. W. O. C.] may wish to assert in any other proceeding before the Board as to the Unit which should be held to be appropriate for said employees, or any of them." In view of the previous bargaining history culminating in the oral agreement of June 10, 1940, noted above, we"find that the engine employees may properly be considered as a separate unit,or as part of the multi-plant unit desired by the S. W. O. C.5 Under these cir- cumstances, in view of the relationships between the engine employees and the train-service employees,,and upon the entire record, we find 35 N. L R B . No. 142 :It would appear that while the Decision and Certification of Representatives does not specifically exclude "hostelers and hostelers' helpers, " nevertheless this group is subsumed under the category , "locomotive engineers and firemen," as a group excluded from the appropriate unit there found 4 It would appear that while the Decision and Certification of Representatives does not specifically exclude conductors and switchmen's helpers, nevertheless these groups are subsumed under the category , "switch- men," as a group excluded from the appropriate unit there found S The S W. 0 C relies on our decision in Matter of Wheeling Steel Corporation and The Railway Con- ductors of America, 8 N. L R B 102 There, however, the S W 0. C. possessed a contract with the Com- pany for production and maintenance employees , including the railway conductors , before the Railway Conductors undertook to negotiate with the Company ; and no agreement written or oral existed between the Railway Conductors and the Company. Cf . Matter of Tennessee Coal, & Iron & R. R. Co and Local B287, International Brotherhood of Electrical Workers R-3190, 39 N L. R B . 617, Matter of Tennessee Coal, and Iron and R. R. Co., Open Hearth Dept of Ensley Works and Brotherhood of Locomotive Firemen and Engine- men, R-8346, 39 N. L. R. B 626. - REPUBLIC STEEL CORPORATION 691 that the trait-service employees also may properly be considered as a separate unit or as part of the multi-plant unit desired by the S. W. 0. C. Under such circumstances, we apply the principle that the determining factor is the desires of the engine- and train-service employees.6 We shall therefore direct separate elections among these employees as follows in order that we may ascertain their wishes: (a) All engineers, 'firemen, hostelers and hostelers' helpers, to determine whether they desire to be represented by Brotherhood of Locomotive Firemen and Enginemen, or by Steel Workers Organizing Committee (C. I. 0.), for the purposes of collective bargaining, or by neither; and (b) All conductors, switchmen and switchmen's helpers, to deter- mine whether they desire to be represented by Switchmen's Union of North America (A. F. of L.), or by Steel Workers Organizing Com- mittee (C. 1. 0.) for the purposes of collective bargaining, or by neither. We shall certify the union, if any, designated by a majority of the employees within each election unit as the exclusive representative thereof. If the S. W. 0. C. should win either election, or both, we shall amend'our previous Decision and Certification of Representatives by including the engine employees or train-service employees or both, as the case may be, in the multi-plant unit and certifying the S. W. 0. C. as the exclusive representative of the appropriate unit as thus amended. VI. THE DETERMINATION OF REPRESENTATIVES The question concerning representation -will be resolved by the elections referred to in Section V above. - Pursuant to our usual practice, we shall direct that the employees eligible to vote shall be those employed by the Company during the pay-roll period immediately preceding the Direction of Elections, subject to such limitations and additions as are set forth in the Direction. - Upon, the basis of the foregoing findings of fact and upon the entire record in the proceedings, the Board makes the following: CONCLUSION OF LAW A question affecting commerce has arisen concerning the representa- tion of employees of Republic Steel Corporation, Buffalo, New York, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. E See Matter of The Globe Machine and Stamping Co and Metal Polishers Union, Local No 8, et at, 3 N. L. R. B. 294, and subsequent cases. 692 DECISIONS OF NATIONAL LABOR RELATIONS BOARD DIRECTION OF ELECTIONS By virtue of and pursuant to the over 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 National Labor Relations Board Rules and Regulations-Series 2, as amended, it is hereby DIRECTED that, as part of the investigation authorized 'by the Board to ascertain representatives for the purposes of collective bargaining with Republic Steel Corporation, Buffalo, New York, elections by secret ballot shall be conducted as early as possible, but not later than thirty (30) days from the date of this Direction of Elections, under the direction and supervision of the Regional Director for the Third 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, among those employees of Republic Steel Corporation, Buffalo, New York, who fall within the groups described below and who were employed by the Company during the pay-roll period immediately preceding the date of this Direction, including employees who did not work during such pay-roll period because they were ill or on vacation, or in the active military service or training of the United, States or who were then or have since been temporarily laid off, but excluding those who have since quit or been discharged for cause: (a) All engineers, firemen, hostelers and hostelers' helpers, to determine whether they desire to be represented by Brotherhood of Locomotive Firemen and Enginemen, or by Steel Workers Organizing Committee (C. I. 0.), for the purposes of collective bargaining, or by neither; and (b) All conductors, switchmen and switchmen's helpers, to deter- mine whether they desire to be represented by Switchmen's Union of North America (A. F. of L.), or by Steel Workers Organizing Com- mittee (C. I. 0.), for the purposes of'collective bargaining, or by neither.