Pittsburgh Coke & Iron Co.

In the Matter of PITTSBURGH COKE & IRON ColMMFANY and UNITED CoN- STRUCTION WORKERS, DIVISION OF DISTRICT 50, UNITED MINE WORKERS OF AMERICA Case No. 6-B-784.-Decided October Q5, 1943 .Mr. John M. Wilson, of Pittsburgh, Pa., for the Company. Mr. Peter Ferrara, of Ihdiana, Pa., Mr. Luke Brett, of Pittsburgh, Pa., Mr. Albert Lee Slagle, Mr. Robert Leasure, and Mr. Jesse Johns, of Templeton, Pa., for the Union. Mr. William C. Baisinger, Jr., of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE Upon petition duly filed by United Construction Workers, Division of District 50, United Mine Workers of America, herein called the Union, alleging that a question affecting commerce had arisen con- cerning the -representation of employees of Pittsburgh Coke & Iron Company, at Templeton, Pennsylvania, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before S. Craig Carnes, Trial Examiner. Said hear- ing was held at Pittsburgh,, Pennsylvania, on September 24, 1943. The Company and the Union appeared and participated.' All parties were afforded full opportunity to be heard, to examine and cross- examine witnesses, to introduce evidence bearing upon the issues, and to file briefs with the Board. The Trial Examiner's rulings made at the hearing are free from prejudicial error and are hereby affirmed. i A waiver signed by the Union and introduced into evidence at the hearing states that the Union waived the right to protest any election held as a result of this proceeding on the basis of unfair labor charges flied by it in Case No. 6-C-859. 53 N. L. R. B., No. Z8. 89 90 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Upon the entire record in the case, the Board makes the following: FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Pittsburgh Coke & Iron Company, a Pennsylvania corporation, operates plants at Iron River, Michigan, Sharpsville, Templeton, Ches- ter, Carnegie, and Neville Island (Pittsburgh), Pennsylvania. This proceeding involves only the plant at Templeton, Pennsylvania, herein called the Templeton mine, at which the Company is engaged in min- ing limestone. During the past 12 months the Company has pur- chased operating supplies and repair materials valued at approxi- Inately $100,000, all of which was purchased within the Common- wealth of Pennsylvania. During the same period, the Company mined and 'shipped from its Templeton,mine limestone valued at' ap- proximately $275,000, 90 percent of which was shipped to the Com- pany's plant at Neville Island, Pennsylvania, where it was used in the manufacture of pig iron, coke, coke oven byproducts, cement, and acti- vated charcoal valued in excess of $10,000,000, of which approximately 25 percent was shipped to points outside the Commonwealth of Penn- sylvania. The Templeton mine is an integral part of the operations ,of the Company's Neville Island plants.2 For the purpose of this proceeding, the Company admits that at its Templeton mine it is en- gaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATION INVOLVED United Construction Workers, Division of District 50, United Mine Workers of America, is a labor organization, admitting to membership employees of the Company. III. THE ALLEGED QUESTION CONCERNING REPRESENTATION The Union seeks a unit comprised of all production and mainte- nance employees employed at the Company's Templeton mine, exclud- ing office and clerical employees, technical employees, executives, and all supervisory employees with authority to hire, promote, 'discharge, discipline, or otherwise effect changes in the status of employees or effectively recommend such action. At the date of the hearing,the Company's Templeton mine was not in operation and, according to the Company's personnel director, it was contemplated that it would remain shut down for an indefinite period of time. At the hearing the 2 In Matter of Pittsburgh. Coke & Iron Company, 51 N. L. R. B. 56, the Company stipulated and the Board found that at its Neville Island plant the Company was engaged in commerce within the meaning of the Act. PIT'T'SBURGH COKE & IRON COMPANY - 91 Union contended that in view of this fact an election should not be conducted until the mine had resumed operation and that the August 6, 1943 pay roll should be used in determining the eligibility of em- ployees to vote since it was the last pay-roll date before the cessation of operations 3 The Company requests that any election be postponed until the Templeton mine is reopened and argues that inasmuch as the pay roll of August 6, 1943, might contain names of persons who will not return to work when the mine resumes operations, the eligi- bility date should be the date of the first full pay roll after the mine reoopens in the event the Board orders an election. Since the Temple- ton mine-has ceased operating, we are of the opinion that it will serve no useful purpose-to order,an election at the present time. Nor do we find it now expedient to order an election to be conducted some- time in the future, since the record fails to disclose when the mine will resume operations, if at all.4 Accordingly, we find that no question has arisen concerning the representation of employees of the Company, within the meaning of Section 9 (c) 'of the National Labor Relations Act. We shall dismiss the petition without prejudice to refiling at a time which will make possible an election subsequent to the resumption of operations at the Company's Templeton mine. ORDER Upon the basis of the foregoing findings of fact, the National Labor Relations Board hereby orders that the petition for investigation and certification of representatives of employees of Pittsburgh Coke & Iron,Company at Templeton, Pennsylvania, filed by United Construc- tion Workers, Division of District 50, United Mine Workers of America, be, and it hereby is, dismissed. MR. GERARn D. REnLY took no part in the consideration of the above Decision and Order. 8 Subsequent to the hearing, the Union filed with the Board a written statement revoking its position, as asserted at the hearing, with respect to the date on which an elecion should be held and requesting the Board to order an immediate election 4 See Matter of Maine Food Processors, 49 N. L. R. B. 1181.