Republic Steel Corp.

In the Matter of REPUBLIC STEEL CORPORATION, EMPLOYER and BROTHERHOOD OF LoooMOTIvl: FIREMEN AND ENGINEERS, PETITIONER Case No. 3-RC-186.Decided June 23,194.9 DECISION AND - ORDER Upon a petition duly filed, a hearing was held before David F. Doyle, hearing officer of the National Labor Relations Board. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed. Upon the entire record in this case, the Board finds : 1. The Employer is engaged in commerce within the meaning of the National Labor Relations Act. 2. The Petitioner, and United Steel Workers, CIO, hereinafter called the Intervenor, are labor organizations claiming to' represent employees of the Employer. 3. No question affecting commerce exists concerning the representa- tion of employees of the Employer, within the meaning of Section 9 (c) (1) and Section 2, (6) and (7) of the Act for the following reasons: A. The contract-bar issue The Intervenor contends that a 2-year contract between the Em- ployer and Intervenor, executed April 30, 1947, and supplemented in July 1948, is a bar to the present proceeding; and that the instant petition, dated November 16, 1948, was not timely filed with respect thereto. It is clear that the supplemental agreement went beyond the scope of the modification provision contained in the 1947 contract, as the termination date was extended 1 year (to April 30, 1950). Thus, this case would appear to fall within the premature extension rule under which we have held that executing an agreement extending the contract term during the term of an existing contract renders the contract ineffectual as a bar.' However, going so far as to- hold a 1 See Matter of General Electrac Company, 82 N L R. B 722 , Matter of Robertshaw- Fulton Controls Company, 77 N. L R B. 316 , Matter of Don Juan, Inc., 71 N. L. R. B. 734. 84 N. L. R. B., No. 60. 483 484 DECISIONS OF NATIONAL LABOR RELATIONS BOARD prematurely extended contract to be immediately nugatory tends to upset the industrial stability brought about by established bargaining relationships. This is the result of immediately processing a rival petition, if filed after negotiation of an extension agreement, notwith- standing the fact that the original contract term would not, absent an extension, have expired for many months. Yet in several recent cases such reasonable collective bargaining arrangements have been dis- turbed, sometimes in the middle of, the original contract period, be- cause of the Board's expansion of the premature extension doctrine to situations of this character.2 We have concluded that the premature extension doctrine was too broadly applied in these recent decisions, and that its future applica- tion should, in the interest of industrial stability, be limited to its original purposes. The premature extension of a collective bargain- ing agreement, while it may not lengthen the period of contract bar, should not in and of itself render the extended agreement ineffectual as a bar during the period that the original contract would have re- mained in effect had it not been so extended.3 However, as we find that the unit requested by the Petitioner is in- appropriate and dismiss the petition on that ground, it is unnecessary to rule specifically on the contract-bar issue herein. B. The alleged appropriate unit The Petitioner seeks a unit limited to all standard gauge locomotive engineers and firemen at the Employer's Buffalo, New York, plant. The Intervenor contends that the unit is inappropriate because (1) it excludes the narrow gauge locomotive engineers and firemen, and (2) the work of both narrow gauge and standard gauge railroad locomotive engineers constitutes an integral part of the manufacture of steel and iron. The Intervenor further maintains that the history of collective bargaining at the plant supports both contentions. The Employer takes a neutral position. Standard Gauge Engineers and Narrow Gauge Engineers The Employer operates its own locomotives over approximately 18 miles of standard gauge railroad tracks within the plant area. These tracks connect with trunk line railroads and are used to transport both the finished products and the supplies and materials used in the steel- making process. These raw materials and supplies are shipped to the 2 See Matter of American Can Company, 82 N. L. R. B. 257; Matter of Radio Corpo- ration of America, RCA Victor Division, Lancaster Plant, 81 N. L. R B. 643. x Insofar as inconsistent with this holding, the recent American Can and Radio Corpo- ration of America cases cited in footnote 2, are hereby overruled. REPUBLIC STEEL CORPORATION 485 plant via a number of trunk line railways as well as via the Great Lakes. The standard gauge tracks are located principally outside the buildings of the plant, but in some instances these tracks go into the plant buildings and are parallel with narrow gauge tracks. The standard gauge engines never leave the limits of the plant. However, when making coke hauls, they cross a trunk line railroad which comes into the plant area. This crossing procedure is governed by a standard signal indication. The narrow gauge locomotives operate on narrow gauge tracks lo- cated principally within the buildings of the plant. The primary function of the narrow gauge railroad engineers and firemen is to transport the various ingredients used in the steel making process to the open hearth furnaces and to perform other transporting duties inci- dental to the manufacture of steel. There are approximately 23 standard gauge locomotive engineers and 18 narrow gauge locomotive engineers. Narrow gauge locomo- tives weigh about 37 tons while the standard gauge weigh from 85 to 100 tons. Both are Diesel type engines. Both the narrow gauge and the standard gauge engineers are under the supervision of the superintendent of maintenance. This superin- tendent possesses the ultimate authority in matters of discharge, grievances, etc., as to both classes of engineers. Operating instructions are given to standard gauge engineers by the roundhouse foremen and to the narrow gauge engineers by the supervisors in the open hearth department. Both classes of engineers are required to obtain a license which is issued by the city of Buffalo after satisfactory completion of an ex- amination. These licenses are of three grades, any one of which permits the holder to operate either the standard gauge or narrow gauge locomotives. It clearly appears from the evidence that there iti no distinction between the two classes of engineers on the basis of licenses. For purposes of promotion and lay-off, the narrow gauge and stand- ard gauge engineers are on a separate seniority list. There appears to be little interchange among them. Pursuant to a War Labor Board directive in 1944 a study of wage inequities was begun with respect to the Employer's employees. When the locomotive engineers and firemen, both narrow and standard gauge, came into the over-all plant-wide unit, they were treated the same as all other workers in the plant in the matter of wage adjustments. The job evaluation study was finished in 1947, resulting in both classes of locomotive engineers being placed into Class No. 13 of the wage schedule. Other employees also fall into this classification. Retro- 486 DECISIONS OF NATIONAL LABOR RELATIONS BOARD active pay to December 23, 1943, was also given. At present, these employees receive $1.72 per hour. Provision was also made for the narrow gauge engineers to make an additional amount beyond that guaranteed by Class No. 13 based on a tonnage rate. However, as to this point, the Employer testified that "during the past 90 days there has been no tonnage paid on the jobs in that guaranteed hourly rate since it was greater than tonnage." Other testimony indicates that no tonnage has been paid since completion of the wage inequity program. History of Collective Bargaining On September 15, 1941, the Steel Workers Organizing Committee (predecessor to the Intervenor) was certified as the bargaining agent for all production and maintenance employees of the Employer, in- cluding those employees at the Buffalo, New York, plant.4 The Em- ployer and the Intervenor agreed that if any group of employees not then a part of the unit were to evince a desire to be represented by the Steel Workers, and if Board certification were made to that effect, then those employees would become part of the industrial unit. At that time there were two fringe groups, one composed of the loco- motive engineers, firemen, hostlers, and hostlers' helpers, and another composed of conductors, switchmen, and switchmen helpers. On November 1, 1941, the Petitioner filed a petition with the Board seeking a separate unit of the locomotive engineers, firemen, hostlers, and hostlers' helpers. At the same time, the Switchmen's Union of North America filed a petition for the conductors, switchmen and their helpers as a separate unit. Pursuant to the results of Board- directed elections thereafter held in these two groups of employees, the Petitioner was certified as the bargaining agent of the locomotive engi- neers, firemen, hostlers, and hostlers' helpers.5 This included all such employees in both narrow and standard gauge operations. The Steel Workers was certified as the bargaining agent of the conductors, switchmen and their helpers. Following this the engineers and firemen were bargained for by the Petitioner as a separate appropriate unit. In 1944, following a second Board-directed election among the loco- motive engineers, firemen, hostlers, and hostlers' helpers which the Petitioner won, it was again certified as the bargaining agent for all those employees, both narrow and standard gauge.6 In 1947, pursuant to a petition filed by the Intervenor, a third election was held among the same employees. The Intervenor won 4 Matter of Republic Steel Corporation, 35 N. L R B 653 -'"-Matter of -Republic Steet.Corporatson; 41 N L R. B - 406 0 Matter of Republic Steel Corpoi ation, 55 N L. R. B 126 REPUBLIC STEEL CORPORATION 487 the election and was thereafter certified as their bargaining agent.' They thus became part of the plant-wide unit then being bargained for by the Intervenor and were covered by the contract executed in April, 047. There is nothing in this history of collective bargaining to show that there was ever any dispute as to the appropriateness of grouping the standard and narrow gauge employees together for the purposes of collective bargaining. On the contrary, the above-cited decisions of the Board indicate that such unit was deemed appropriate as being inclusive of an entire craft group. The Petitioner maintains in its brief that "prior failures to distin- guish between two classes of engineers have no important bearing" and that such argument "places a premium upon the virtue of con- sistency" which "beclouds the issue." Conclusion The collective bargaining history at the Employer's Buffalo, New York, plant shows that pursuant to the Board certifications, the standard and narrow gauge engineers and firemen have been bargained for both as a separate appropriate unit represented by the Petitioner and as part of the production and maintenance unit represented by the Intervenor. As already noted, the narrow gauge employees have never been separated from the standard gauge employees for purposes of collective bargaining." We have recently indicated that justification exists for disturbing established bargaining relationships only when an alleged craft group possesses mechanical skills and qualifications distinguisl ling them from other workers, and showing the need for separate representation better to protect their special interests .9 7 Matter of Republic Steel Corporation , Case No . 3-R-1474 , decided March 17, 1947. 8 Petitioner relies on In, Matter of The New Jersey Zinc Company (of Pa ), 56 N. L R B 264, where a somewhat similar factual situation existed In that case the Petitioner sought all locomotive engineers, firemen , and hostlers engaged in the standard gauge railroad operations of the Employer The Employer contended that the appropriate unit should be plant-wide or that the units requested should include employees operating narrow gauge equipment and locomotive i i tines There were some 35 miles of standard gauge and about 2 miles of narrow gauge . Narrow gauge operations were limited to removal of clinkers from the West plant furnaces The Board held the standard gauge employees "con- stitute a separate group whose functions are clearly distinguishable from those performed by the locomotive crane and narrow gauge operators . Moreover, standard gauge employees, because of the greater skill required are paid at a higher rate than both locomotive crane and narrow gauge employees . . . In that case, however, the Board pointed out that "In determining the appropriateness of the units , requested herein we also take into consid- eration the fact that no other labor organization is seeking at the present time to repre- sent the employees concerned in the more comprehensive alternative units preferred by the Company." 9 Matter of Gulf Oil Corporation, 79 N. L. It. B 1274. 488 DECISIONS OF NATIONAL LABOR RELATIONS BOARD From the facts as presented in the record, we are convinced that the Petitioner seeks to carve out, not the members of a craft unit, but merely a small segment-those working on standard gauge equip- ment 10 We find no justification in the record for severing this group of employees from the more comprehensive unit presently established." Accordingly, we find that the proposed unit is inappropriate, and shall therefore dismiss the petition herein.12 ORDER IT IS HEREBY ORDERED that the petition herein be, and it hereby is, dismissed. 10 Cf. Matter of Permanente Metal Corporation, 82 N L. R B. 692 11 Both parties rely on Matter of National Tube Company, 76 N. L. R B. 1199, to support their unit contentions . After a ruling on the nature of the obligation imposed by Section 9 (b) (2) of the Act, as amended , the Board in that decision held that the work of brick- layers who reline and repair the open hearth furnaces in the steel plant is so integrated with all other steel production employees that it would be inappropriate to designate their group as a separate unit. As we find that the unit sought by the Petitioner consists of only part of the membership of a craft group, it is unnecessary to consider the effect of the National Tube case upon the present proceeding. 12 Board Members Houston and Reynolds dissent from the findings as to the appropriate unit in this case. They would find that the duties, functions, and interests of the standard gauge engineers and firemen are sufficiently distinguishable from those of their narrow gauge counterparts and of the other employees in the production and maintenance unit to warrant establishing them as a separate appropriate unit if they so desire.