Republic Steel Corp.

In the Matter Of REPUBLIC STEEL CORPORATION and UNITED STEEL- WORKERS OF AMERICA,, C. I. O. - In the Matter of REPUBLIC STEEL CORPORATION and BRICKLAYERSUNION No. 1 OF ALABAMA, SUBORDINATE TO BRICKLAYERS, MASONS AND PLAS- TERERS INTERNATIONAL UNION OF AMERICA, A. F. OF L. In the Matter of REPUBLIC STEEL CORPORATION and BRICKLAYERS UNION No. 11 OF ALABAMA, SUBORDINATE TO BRICKLAYERS, MASONS AND PLAS- TERERS INTERNATIONAL UNION OF AMERICA, A. Y. OF L. Cases Nos. R-4749, R-.450, and R-4751, respectively.Decided Februdry 4,143 Jurisdiction : iron and steel products manufacturing industry. • 1 Investigation and Certification of Representatives : existence of question: re- fusal to accord recognition without certification of the Board; election directed among bricklayers, notwithstanding agreement between union and company that union might be certified upon the recoil; election directed among em-* ployees in production and maintenance unit found appropriate, notwithstanding stipulation that certification should be by a cross-check of cards, when election under the circumstances would best effectuate the policies of the Act ; elections necessary. Units Appropriate -for Collective Bargaining : all bricklayers and bricklayer apprentices, but excluding bricklayer foremen, at the Gadsden plant, held an appropriate unit; all production and maintenance employees at the Gadsden plant, with specified inclusions and exclusions; held an appropriate unit; stipulation as to. Practice and Procedure : petition ' of one union dismissed when unit desired embraced single employee only. Mr. E. J. Magee, of Cleveland, Ohio, and Messrs. Hood, Inter, Martin, & Suttle, of Gadsden, Ala., for the Company. Messrs. Noel Beddow, R. E. Farr, and Carey E. Haigler, of Bir-, mningham, Ala., for the U: S. A. Mr. T/ioiru s R. Zeigler, of Birmingham, Ala., for the International. Mr. George N. Scott, of Birmingham, Ala., for Union No. 1. Mr. C. TV. Logan, of Gadsden, Ala., for Union No. 11. ilfr. Robert Silagi, of counsel to the Board. 47 N. L R B., No. 37. 1 317 318 DE-CISIONS OF NATIONAL LABOR RELATIONS BOARD DECISION- DIRECTION OF ELECTIONS AND ORDER STATEMENT OF THE CASE Upon petitions duly filed by the United Steelworkers, of America, C. I. 0., herein called the U. S. A., by Bricklayers Union No.lj of ;Alabama, Subordinate to Bricklayers, Masons and Plasterers Inter- national Union of America, A. F. of L., herein called Union No. 1, and by Bricklayers Union No. 11 of Alabama, subordinate to Brick- layers, Masons and Plasterers 'International Union of America, A.'F. of L., herein called Union NQ. 11,,each alleging that a question affecting commerce had arisen concerning the represent 'ation of em- ployees of Republic Steel Corporation, Birmingham and Gadsden, Alabama, herein called the Company, the National Labor Relations Board consolidated the cases and provided for an appropriate hear- ing upon due notice before William E. Spencer, Trial Examiner. Said hearing was held at Gadsden, Alabama, on January 11, 1943. The Company, the U. S. A., Union No. 1, and Union No. 11, appeared, participated, and were afforded full opportunity to be heard, to exam-, ine 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. Upon the entire record in the case, the Board makes the following: FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY Republic Steel Corporation, a New Jersey corporation, is_engaged in the manufacture, sale, and distribution of iron and steel prods ucts. It owns and operates extensive iron-ore and coal-inuring prop- erties, manufacturing and finishing plants, throughout the United States. This case involves only the plants at Birmingham and - Gadsden, Alabama. A substantial quantity of raw materials is shipped to Alabama from points outside the State and a substantial amount of the value of the finished materials produced at Birming- ham and Gadsden is sent to points outside the State .of Alabama. The entire production of the Company is for the war industry. The Company admits that, it is engaged- in commerce within the meaning of the National Labor Relations Act. I A representative of the Bricklayers Masons and Plasterers International Union of America, A F of L, also participated in the hearing REPUBLIC STEEL CORPORATION 319 II. THE ORGANIZATIONS INVOLVED Uliited Steelworkers of America, affiliated with the Congress of Industrial Organizations, is a labor organization 'admitting to mein- bership employees of the Company. Bricklayers Union Nos. 1 and 11 of Alabama, Subordinate to Brick- layers, Masons and Plasters International Union of America, affili- ated with the American Federation of Labor, are labor organizations admitting to membership employees of the Company. - III. THE QUESTIONS CONCERNING REPRESENTATION The Company has refused to grant exclusive bargaining rights to any labor organization, until there has been a'certification by the Board. - A statement of the Trial Examiner, introduced into evidence at the hearing, indicates that the unions represent a substantial number of employees in the units hereinafter found appropriate.2 We find that questions affecting commerce have 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 UNITS Union No. 11 requests a unit consisting of all bricklayers, brick- layer apprentices and bricklayer foremen at the Gadsden plant. The Company and the U. S. A. agree to a separate unit for, bricklayers, but the Company seeks the exclusion of the foremen. The record shows that there are three regular foremen who spend all their time in supervising bricklayer workmen, and only in cases of emergency do they lay brick. Foremen are eligible to membership in the Brick- layers International Union, but since they are not working foremen, we shall exclude them from the unit. There are two other bricklayers who on occasion substitute for the regular foremen in cases of absence or. when an enlarged crew is put to work on some special job. Be- 2 Union No. 1 submitted a petition signed October 28, 1942 , acknowledging membership in the union and designating it as sole collective bargaining agency. The petition bore the apparently genuine signatures of both men whose names appeared on the bricklayers' pay roll of December 12, 1942, at Birmingham. Union No. 11 submitted a similar petition which bore 29 apparently authentic signatures. The petition was checked against the Gadsden pay roll of December 12, 1942, which con- tained the names of 36 bricklayers , apprentices , and foremen Twenty-seven of the names appearing on the petition were identical with names on the pay roll., The U S . A. submitted 2,796 authorization and membership cards , bearing what ap- peared to he authentic signatures. About half were signed in 1941 and half in 1942. The Company's pay roll of December 12, 1942, showed a total of approximately 3,670 hourly paid employees at its Gadsden plant . The Trial Examiner selected at random 116 cards, and of this number ,. the navies on 79 cards likewise appeared on the pay roll On thetbasis of thiF spot-check. the parties .stipulated that the U S A had a substantial interest in representation of the Company 's employees at Gadsden 320 DECISIONS O'F NATIONAL LABOR RELATIONS BOARD cause the major portion of their time' is devoted to, journeyman brick- layer work, we shall include them in the unit of bricklayers. We find that all bricklayers and, bricklayer appreltices ' of the Company employed at the Gadsden plant, but excluding bricklayer foremen, constitute a unit appropriate for the purposes of collec- tive bargaining within the 'meaning of Section 9 (b) of the Act. Union No. 1 requests a unit it Birmingham similar to the one sought by Union No. 11 at Gadsden : The Birmingham plant nor- mally employs only two bricklayers , including the foreman. When- ever additional men are needed , they are loaned by, the Gadsden plant, and remain on the Gadsden pay roll, or are hired locally on a temporary basis. The bricklayer foreman, who is also foreman 'of a gang of laborers, performs no; masonry work , but devotes all his time to supervision ; accordingly, we shall exclude him from the unit.. There thus remains only one emyloyee in'the unit desired by Union No. 1. We have often held that a single individual is not an appro- priate unit for the purposes of collective bargaining within the mean- ing of the Act.' We shall therefore dismiss the petition of Union No.1. ' The Company and the U. S. A. stipulated and we find that all the production and maintenance employees' of the Company employed at the Gadsden plant, but' excluding executives , foremen, assistant foremen, supervisors who do not work with tools, draftsmen , .time- keepers, first-aid men and nurses , watchmen, office and, salaried em- ployees, bricklayers , bricklayer apprentices, commissary employees, and production and maintenance employees of the Truscon Steel Company employed in its Gadsden operation , constitute ,a unit appro- priate for the purposes of collective bargaining within the meaning, of Section 9 (b) of the Act.. V. THE DETERMINATION OF REPRESENTATIVES On July 15, 1941, the Company, the predecessor of the U. S. A., and an agent of the Board entered into astipulatioh which provided for Board certification of the U.-S. A. as sole collective bargaining repre- sentative of the employees at the various plants of-the Company in the event a check of union cards'against the Company's pay roll showed that the Union had been designated by a majority in the agreed appro- priate units. Pursuant to this stipulation the Board conducted cross- checks of union cards against coinpany pay rolls at many plants, in- cluding the Birmingham plant, bind made its certifications on the basis of its findings., No cross-check, however,' has been conducted at the s See Matter of The Central Foundry and Steel lVoikers Organizing Committee, 20 N L. R. B. 131 and cases cited therein. REPUBLIC STEEL CORPORATION 321 Gadsden plant. In August 1941 and again in September of the same year strikes occurred at the Gadsden plant. As a condition of cessa- tion of the strikes, agreements were entered into between the Company and the U. S. A. which provided, iii part, that if and when the U. S. A. requested certification for the Gadsden plant, the procedure for such certification should be the same as provided for in the stipulation above-mentioned. The Company insists that any certification in this proceeding should be-by a cross-check of cards, pursuant to the stipulation, whereas' the U. S. A. desires an election. Although the stipulation entered into in July 1941 contemplated' that future certifications in other plants of the Clolnpany should be based upon cross-checks, it cannot preclude resolving the present question,of representation by means of an elec- tion. About half the cards submitted by the U. S. A. were signed 2 years ago and some question has been raised as to the good standing of those members. Under these circumstances, we are of the opinion that an election by secret ballot will best effectuate the policies of the Act and avoid any disputes which might arise in connection with a cross-check. Although the Company and Union No. 11 agreed that Union No. 11 Tight be certified upon the record, we find that an election among the bricklayers at the Gadsden plant can best resolve the question con- cerning representation as to these employees. We shall direct that the questions concerning representation which, have arisen be resolved by separate elections by secret ballot among the employees in the appropriate units who were employed during the pay-roll period immediately preceding the date of the Direction of Elections herein, subject to the limitations and additions set forth in the Direction. DIRECTION OF ELECTIONS 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 2, 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, Gadsden, Alabama, separate elections 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 super- vision of the Regional Director for the Tenth Region, acting in this matter as agent for the National Labor Relations Board, and subject to Article III, Section 10, of said Rules and Regulations, among the employees in the units found appropriate in Section IV, above, who 513024-43-vol 47--21 1 322 DECISIONS OF NATIONAL LABOR RELATIONS BOARD were employed during the pay-roll period immediately preceding the date of this Direction, including employees who did not work during 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 themselves in person at the polls, but excluding those employees who have since quit or been discharged for cause (1) to determine whether or not the employees in the bricklayers' unit desire to be represented by Bricklayers Union No. 11 of Alabama, Sub- ordinate to Bricklayers, Masons and Plasterers International Union of America, affiliated with the American Federation of Labor, for the purposes of collective bargaining; and (2) to determine whether or not the employees in the production and maintenance unit desire to be represented by United Steelworkers of America, affiliated with the Congress of Industrial Organizations, for the purposes of collective bargaining. ORDER Upon the basis of the foregoing findings of fact, and upon the entire record in the case, the National Labor Relations Board hereby orders that the petition for investigation and certification of representatives of employees of Republic Steel Corporation, at its Birmingham, Ala- bama, plant, filed by Bricklayers Union No. 1 of Alabama, Subordinate to Bricklayers, Masons and Plasterers International Union of Amer- ica, A. F. of L., be, and it hereby is, dismissed.