Ohio Ferro-Alloys Corp.

In, the Matter of Omo FERRO-ALLOYS CORPORATION and STEEL WORKERS ORGANIZING COMMITTEE, LOCAL 2626, C. I. O. Case No. R-373.3.-Decided May 19, 1942 Jurisdiction : ferro-chrome and ferro-alloys manufacturing industry, Investigation and Certification of Representatives : existence of question: re- fusal of Company to'accord any union recognition'until certified by the Board; election necessary.' Unit Appropriate for Collective Bargaining : all production and maintenance employees at, the Company's Tacoma, Washington, plant, including the store- room clerk but excluding office, clerical and supervisory employees, chemists, -and maintenance foremen ; claims of craft unions that employees whom they represented constitute separate units rejected. Mr. William Pritz, of Tacoma, Wash., for the Company. - Mr. AS. J. Brozovich, of Seattle, Wash., for the S. W. O. C: Mr. Wallace Morrissette, of Tacoma, Wash., for the I. B. E. W. Mr. Will-lam-Zenk, of Tacoma; Wash., for the I. A. M. Mr. James Ross, of Tacoma, Wash., for the Operating Engineers. Mr. A. J. LaFrambois, of Tacoma, Wash., for the Council. Mr. Louis Cokin, of counsel to the Board. - DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by Steel Workers Organizing Committee, Local 2626, C. I. 0., herein called -the S. W. O. C., alleging that a question affecting commerce had arisen concerning the representation of employees of Ohio Ferro-Alloys Corporation, Tacoma, Washing- ton, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Louis S. Penfield, Trial Examiner. Said hearing was held at Tacoma, Wash-- ington, on,April 15, 1942: The Company, the S. W. O. C., Interna- tional Brotherhood of Electrical Workers, Local 76, herein called the I. B. E. W., International Union of Operating Engineers, Local 606, herein called the_Operating Engineers, International Association of Machinists, Local 297, herein called the I. A. M., and Tacoma Metal Trades Council, A. F. of L., herein called the Council, -appeared, participated, and were afforded full opportunity to be heard, to 41 N. L. R. B., No. 21. - 103 104 DECISIONS OF NATIONAL LABOR RELATIONS BOARD examine and cross-examine witnesses, and to introduce evidence bear- ing 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 `Ohio Ferro-Alloys Corporation is' an 'Ohio corporation with its principal place of business at Canton, Ohio. We are here concerned with the, Company,s plant at Tacoma, Washington, where it is engaged in the production of ferro-chrome and ferro-alloys. The Company -commenced operations at its Tacoma plant the latter part of 1941.' During the period which the Tacoma plant operated in 1941, it used 12,000 tons of chrome ore, all of which was shipped to it from the Philippine Islands, and approximately 5,000 tons of coke, all of which was shipped to it from outside the State of Washington. All the finished products at the Tacoma plant are, shipped to points outside the State of Washington. Th Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATIONS INVOLVED Steel Workers Organizing Committee, Local 2626, is a labor or- ganization affiliated with the Congress of Industrial Organizations, admitting to membership employees of the Company. International Brotherhood of Electrical Workers, Local 76, Inter- national Union of Operating Engineers, Local 606, International Association of Machinists, Local 297, and Tacoma Metal Trades Council are labor organizations -affiliated with the American Federa- tion of Labor, admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The Company stated at the hearing that it will not recognize any labor organization until the Board determines the bargaining repre- sentative of its employees. A statement of a Field Examiner of the Board, introduced into evidence at the hearing, shows that the S.. W. O. C., the I. B. E. W., and the Operating Engineers each represents a substantial number of employees in the unit alleged by each to be appropriate.' - 'The Field Examiner reported that the S . W. O. C presented 39 membership appli- cation or authorization cards bearing apparently genuine signatures of persons whose names appeared on the Company 's pay roll of March 10 , 1942. He further reported OHIO FERRO-ALLOYS CORPORATION 105 We find that a question affecting commerce has 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,,TIE APPROPRIATE UNIT The S.,W. O. C. and the Company urge that all production and maintenance employees at the Tacoma plant, of the Company,. ex- cluding office, clerical and supervisory employees, and chemists, con- stitute an appropriate unit. The I. B. E. W. contends that all persons at the Tacoma plant who do any work pertaining to electrical operations constitute an appropriate unit. It could not clarify • its unit contention further and it appears that the unit claimed by it would cover most of the employees inasmuch as the plant is electric- ally operated. Although the Operating Engineers originally claimed that compressor men constitute a separate unit, it changed its position at the close of the hearing and stated that it desired that the employees originally claimed by it be a part of the unit asked for by the I. B. E.' W. As stated above, the I. A. M. does not claim to have any representation among the employees of the Company,, but it appears that that organization claims that machine repairmen consti- tute a separate appropriate unit. - The Council, of which the I. B. E. W., the I. A. M., and,the Op- erating Engineers are members, presented a proposed contract to the Company in the fall of 1941 covering all employees of, the -Company. While the Council presented the contract and was conducting nego- tiations pursuant thereto, the I. _B. •E. W. was organizing the em- ployees of the Company under the banner of the Council. The I..-B. E; W;, the I. A. M., and the Operating Engineers continued -to negotiate with the Company on an industrial basis, through the Council, until the S. W. O. C.'s claim upon the Company in February 1942. Thereafter, they took the positions set out above. The record indicates that the employees claimed by the I. B. E. W., the Operating Engineers, and the I.. A. M. do not constitute separate- and distinct crafts but are regular production and maintenance employees. The J. B. E. W., the I. A. M., and the Operating Engineers stated at the hearing that in the event the Board finds that their claims to separate units are not valid, they then desire a single plant-wide unit under that the I . B E. W. presented 27 authorization cards'bearing apparently genuine signatures of persons whose names appeared on that pay roll ', There are approximately 62 employees on the March 10, 1942 , pay roll The Field Examiner also reported that the Operating Engineers presented 4 authorization cards bearing the apparently genuine signatures of persons whose names appeared on the March 10, 1942, pay roll. There are 4 employees on that pay roll in the unit originally alleged to be appropriate by the Operating Engineers. The I. A. M. stated at the hearing that it did - not have any representation among the Company' s employees The I . B. E. W., the Operating Engineers , and the I. A. M. are members of the Council. 1106 DECISIONS -OF NATIONAL LABOR RELATIONS BOARD ,the Council. Under all, the circumstances ^ of the ,case, we find that a single-unit composed of all, production and maintenance employees of the Company.can best effectuate the purposes-of the Act. ': _ . ,= The parties are in disagreement as to the disposition of a storeroom clerk and five maintenance foremen. - - The ,Company, urges that the storeroom clerk be excluded from -the unit on the ground- that be is a clerical employee. All 'the labor organizations desire that he be 'included. This employee keeps,a cle`r'ical record of all disbursements of materials in 'the storeroom and actually handle's the materials. We shall include the storeroom clerk in' the unit. , The Company has five employees listed by it as maintenance fore- men. The Company urges that 'such employees be excluded from the`unit and the labor organizations-that they be included., Although -these employees' spend a majority of their time performing manual duties at the present time, they are actually being trained to become non-working foremen in'the future. - They-can recommend the hire or' discharge of employees and they are paid on a salary basis in contrast to the rest of the employees who are paid on an 'hourly basis. We shall exclude the maintenance foremen from the unit. We' find that all production and maintenance employees at the Tacoma plant of the Company, including the storeroom clerk,' but excluding office, clerical and supervisory employees, chemists, and maintenance foremen, constitute a' unit appropriate for the purposes 'of collective bargaining, within the meaning of Section 9 (b) of the Act. V. THE DETERMINATION OF REPRESENTATIVES We find that the question concerning representation which has arisen can best be resolved by ' an election by secret ballot. We shall direct that the employees of the Company eligible to vote shall be those in the' appropriate unit who were employed during the pay-roll period immediately preceding the date of the Direction of Election herein, subject to the limitations and additions set forth in the Direction. All the parties agree that in the event the Board finds that the unit urged by the I. B. E. W. is inappropriate then the ballot should contain only the names of the S. W. O. C. and the Council. In ac- cordance with the stipulation of the parties, we shall place the name of the Council on the ballot. - - 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 Rela- OHIO FERRO-ALLOYS CORPORATION 107 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 to ascertain representa- tives for the purposes of collective bargaining with Ohio Ferro-Alloys Corporation, Tacoma, Washington, 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 Nineteenth 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 the employees in the unit found appropriate in Section IV above, who were employed during the pay-roll period immediately preceding the date of this Direction, including any such employees who did not work during said pay-roll period because they were ill or on vacation or in the active military service or training of the United States, or temporarily laid off, but excluding any who have since quit or been discharged for cause, to determine whether they desire to be represented by Steel Workers Organizing Committee, Local 2626, affiliated with the Congress of Industrial Organizations, or by Tacoma Metal Trades Council, affiliated with the American Federa- tion of Labor, for the purposes of collective bargaining, or by neither.