General Steel Castings Corp.

In the Matter of GENERAL STEEL CASTINGS CORPORATION and STEEL. WORKERS ORGANIZING COMMITTEE , C. I. O. , . Case No. R-3754.-Decided May 07, 1942 Jurisdiction : steel casting manufacturing industry. Investigation and Certification of Representatives : existence of question: re- fusal of Company to bargain until competing organizations received certifi- cation from the Board ; election necessary. Unit Appropriate for Collective Bargaining : all production and maintenance employees at the Company's Eddystone plant, including working gang leaders, stores attendants, instructors, cafeteria employees, and hourly paid department clerks accounting, but excluding pattern makers, pattern makers' apprentices, foremen, assistant foremen, non-working gang leaders, supervisory employees, other office and clerical employees, watchmen, inspectors, routine chemists, outside truck drivers, office janitors, management employees, and executives. Mr. J. H. Ward Hinkson, of Chester, Pa., for the Company. "Mr. M. H. "Goldstein, of Philadelphia, Pa., for the S. W. O. C. Mr. Malcolm B. Petrikin, of Chester, Pa., for the Association. Mrs. Augusta Spaulding, of counsel to the Board. DECISION, AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by Steel Workers Organizing Committee, C. I. 0., herein called the C. I. 0., alleging that a question affecting commerce had arisen concerning the representation of employees of General Steel Castings Corporation, Eddystone, Pennsylvania, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Jack Davis, Trial Examiner. Said hearing was held at Chester, Pennsylvania, on, April 21, 1942. The Company, the S. W. O. C., and General Steel Employees Association, herein called the Association, appeared, par- ticipated, and were afforded full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing upon the issues. The Trial Examiner's rulings made at the hearing are free from prejudicial error and are hereby affirmed. On May 6,1942, the Association, and on May 8,1942, the S. W. O. C., filed briefs which the Board has considered. Upon the entire record in the case, the Board makes the following : 41 N. L. It. B., No. 74. 350 I GENERAL STEEL CASTINGS CORPORATION FINDINGS OF FACT 351 I. THE BUSINESS OF THE COMPANY General Steel Castings Corporation is engaged in the manufac- ture and sale of large steel castings at Eddystone, Pennsylvania. The principal- raw- materials used by the Company in its manufacture are steel scrap, pig iron, ferro silicon, silico manganese, molybdic oxide, ferrochrome, ferro molybdenum, fluorspar,- magnesite, sand, clay, and lime. The purchase of such materials is made to a large extent from. processors and dealers. During 1941 the products made .at the Eddystone plant amounted to 35,779 net tons,, approximately 63 percent of which was shipped to points outside, Pennsylvania, in- cluding points in several foreign countries. IS. THE ORGANIZATIONS INVOLVED The Steel Workers Organizing Committee is a labor organization affiliated-- with '. the -Congress • of Industrial Organizations, admitting to membership employees of the Company. General Steel Employees Association is an unaffiliated labor organi- zation, admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION On January 28, 1941, the Company entered into a contract with the Association terminable by appropriate notice on January 2, 1942, and otherwise renewable thereafter from year to year. In July 1941 the Company and the Association by supplemental agreement extended the-first term of their contract to April 1, 1942. On Jan- uary 23, 1942, the Association notified the Company that it desired bargaining- conferences for adjustments in the contract. Before such conferences were held, the S. W. O. C., which had begun organizing the Company's employees in 1941, made its demand for recognition as bargaining agent of the same employees. The Company referred the competing organizations to the Board for certification. The Associ- ation contends that the contract is an existing valid contract, but .does not contend that it constitutes a bar to- a determination of repre- sentatives at this time. We find that it is not a bar. A statement prepared by the Regional Director and other evidence introduced at the 'hearing indicate that the S. W. O. C. and the Association each represents a substantial number of employees in the appropriate unit? - I The S. W. O. C. submitted to the Regional Director 867 application cards, of which 656 cards bear apparently genuine signatures of employees of the Company . Of such ,cards, 5 are dated in 1940, 228 in 1941, 239 in 1942, and 184 •are undated. The Association did not submit any evidence of membership to the Regional Director. 352 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 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 National Labor Relations Act. IV. THE APPROPRIATE UNIT The S. W. 0. C. and the Association agree,, and we find, that the bargaining unit should include' production and maintenance' em= ployees of, the Company at its Eddystone plant, including workiiig gang leaders and stores-attendants. They further agree, and we find, that pattern makers, pattern makers' apprentices, foremen, assistant foreinen, non-working gang leaders, supervisory employees, watch- men, inspectors, routine chemists, outside truck drivers, office jani- tors, management employees,2 and executives should be excluded from the bargaining unit. _ The S. W. 0. C. would exclude instructors, cafeteria employees, and all office and clerical employees. The Association would include instructors, cafeteria employees, and hourly paid department clerks. accounting, and would exclude all other clerical and office employees. A. Instructors Due to the shortage of trained workers and the Company's in- creased need of them in the present emergency, the Company has found it necessary from time to time to use skilled -experienced em- ployees to train groups of 8 to 20 inexperienced men. The relation between the instructing employees and the learners is similar to that of a master mechanic and his apprentice. Skilled employees may work as instructors for part of a day, or for a day or two, or for several months. During and between instruction assignments they may per- form their regular work. They may be carried on the pay roll as instructors for several months, during which time they may spend comparatively little time on their regular job S.3 The Company chooses for its instructors men who are more success- ful in teaching than others, not necessarily old employees. During Footnote 1 Continued. Its secretary testified that at the time of the hearing the Association had 1 ,250 mem- bers. The C. I 0 concedes that the Association has.a substantial interest and should participate in the e'. ection. , There are about 1 600 employees in the appropriate unit. 2 This term Inc udes rate-setters, metallurgists, shipping clerks, castings chasers, scheduling clef ks. and demonstrators. ' At the hearing, at the request of the Trial Examiner , and with the consent of the partu s, the Company agreed to st bmit a chart showing the names of its production employees who had engaged in instruction cork and the number of hours which each man had spent on instruction work and on his regu 'ar production job, respectively. Board's Exhibit No. 9 was the designation reserved for this chart This chart, having been compiled by the Company and foiwarded to the Board at Washington , has been numbered Board's Exhibit No. 9 and, as such , it is hereby made a part of the record in this proceeding. {iS`i:`S: GENERAL'- STEEL'^ASTINGS°C'ORPORAmI'ONT '' '353 the-period-that piece -workers serve as instructors they are paid -their average wage. ' Hourly employees receive •an additional 20 ' percent' of 'their wabes while they are carried' on the' pay roll as instructors. Some skilled production employees' are inore highly paid than those ,who share the instruction work. Since it clearly appears that such instructors are covered by the 'present contract ' as-production employees, we shall' include ilistruc- tors in the same unit with other production employees. - B: Cafeteria employees ' Cafeteria employees, about 16 in number, perform their work in a building apart from the production workers. The majority of production and maintenance employees carry their lunches and do not patronize the cafeteria. Since, however, cafeteria employees are covered under the present contract and are eligible to membership in both labor organizations, we shall include cafeteria employees in the bargaining unit. C. Department clerks accounting The S. W. O. C. and the Association agree to exclude all office and clerical employees except the so-called hourly paid department clerks accounting, the category used by the Company to describe its time- keepers and time clerks.4 Hourly paid department clerks accounting are divided into two groups, the so-called floor clerks and the so-called office clerks. Floor clerks, popularly called checkers by the production employees, are spot checkers or timekeepers. They check production workers in the department to see that hourly paid workers are working all the time -for which they are paid. They also check the operations of piece workers. Such clerks make records on cards according to their ob- servations. These cards are turned over to the office. clerksI who compile such. material at desks. Floor clerks and office clerks are 'interchangeable and are trained and qualified to, do both the floor work and the recapitulation work done at the desks.-' Since it appears that hourly paid department clerks accounting are covered under the present contract and are eligible to membership in both labor organizations, we shall include them in the bargaining unit with production and maintenance employees. We find that all production and maintenance employees of the Company at its Eddystone plant, including working gang leaders, 4 Some department clerks accounting are salaried employees who the two organizations agree should' be excluded - -- ' - - 5 There are eight clerks who work in small departments , each of whom performs all the functions of floor and office clerks 463892-42-vol 41-23 354 DECISIONS OF NATIONAL LABOR,,RELATIONS, BOARD stores, attendants, instructors, cafeteria employees, and hourly paid department clerks accounting, but excluding pattern makers, pattern makers' apprentices, foremen, assistant foremen, non-working gang leaders, supervisory employees, other office and clerical employees, watchmen, inspectors, routine chemists, outside truck drivers, office janitors, management employees, and executives,- 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 shall direct that the.question concerning representation which has arisen be, resolved by an election by secret ballot among employees of the Company within the appropriate unit who were employed dur- ing the pay-roll period immediately preceding the date of this Direc- tion of Election, subject to the limitations and additions set forth therein. 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- tions Act, 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 General Steel Castings Corporation, Eddystone, Pennsylvania, 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 Fourth Region, act- ing in this matter as agent for the National Labor Relations Board and subject to Article III, Section 9, of said Rules and Regulations, among all employees of the Company within the unit found appropri- ate in Section IV, above, who were employed 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 temporarily laid off, but excluding employees who have since quit or been discharged for cause, to determine whether they desire to be represented by Steel Workers Organizing Committee, C. I. 0., or by General Steel Employees Association, for the purposes of collective bargaining, or by neither. MR. GERARD D. REILLY took no part in the consideration of the above Decision and Direction of Election. Qlnithe Matter , of GENERAL STEEL CASTINGS CORPORATION and. UNITED STEELWORKERS OF AMERICA (.C. I. 0.) 'Case No. R-3754 AMENDMENT TO DECISION AND DIRECTION OF ELECTION June 6, 19.1 On May 27, 1942, the National Labor Relations Board issued a Decision and Direction of Election in this proceeding., During the week beginning May 19, 1942, subsequent to the hear- ing 2 but prior to the issuance of the Board's Decision, Steel Workers Organizing Committee, C. I. 0., the petitioner in this proceeding, in convention changed its name to United Steelworkers of America (C. I. 0.). On June 3, 1942, all parties entered into a stipulation, subject to the approval of the Board, consenting that the record and formal papers issued thereafter disclose the correct name of the peti- tioner. On June 4, 1942, the petitioner requested that the correct name of the petitioner appear upon formal documents in this pro- ceeding and that United Steelworkers of America, Local No. 2323, . the correct name of its local, appear upon the ballot in the election directed, by the Board. The Board- approves the stipulation, which is hereby incorporated in-, and-made-part of, the record in this pro- ceeding, and grants the request' of the petitioner set forth above. The Board accordingly amends-the' caption in this proceeding and the Decision and Direction of Election issued on May 27, 1942, by, striking from the caption the words "Steel Workers Organizing Com- mittee, C. I. 0." and substituting therefor the words "United Steel- workers of America (C. I. 0.)," and by striking from the Direction of Election the words "Steel Workers Organizing Committee, C. I. 0." and substituting therefore the words "United Steelworkers of America"Local No. 2323 (C. I. O.)." 141 N. L. R.B 355. s The hearing in this proceeding was held on April 21, 1942. 41 N. L. R. B., No. 74a. 355 In -the Matter 'of GENERAL STEEL CASTINGS CORPORATION' and UNITED STEELWORKERS OF AMERICA (C. I'. 0.) Case No.. R-3154 . CERTIFICATION OF REPRESENTATIVES 4Juune 30, 1942 On May 27, 1942, the National Labor Relations Board issued a Decision and Direction of Election in this proceeding.' On June 6, 1942, the Board issued an Amendment to Decision and Direction of Election.2 Pursuant to the Direction of Election, as amended, an election by secret ballot was conducted on June 16, 1942, under the direction and supervision of the Regional Director for the Fourth Region (Philadelphia, Pennsylvania). On June 19, 1942, the Re- gional Director, acting pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended, issued and duly served upon the parties an Election Report. No objections to the conduct of the ballot or to the Election Report have been filed by any of the parties. As to the balloting and the results, the Regional Director reported as follows : Total on eligibility list- ---------------------------------- 1,609 Total ballots cast---------------------------------------- 1,360 Total ballots challenged---------------------------------- 10 Total blank ballots--------------------------------------- 1 Total void ballots---------------------------------------- 8 Total valid votes counted--------------------------------- 1,341 Votes cast for United Steelworkers of America, C. I. 0------ 1, 019 Votes cast for General Steel Employees Association-------- 307 Votes cast for neither------------------------------------ 15 By virtue of and pursuant to the power 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, Sections 8 and 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended, IT IS HEREBY CERTIFIED that United Steelworkers of America, C. I. 0., has been designated and selected by it majority of all pro- 141 N L R B. 354 2 41 N L R B 355 41 N. L. It B, No 74b. 356 GENERAL STEEL CASTINGS CORPORAT'ION 357 duction and maintenance employees of General Steel Castings Cor- poration, at its Eddystone, Pennsylvania, plant, including working gang leaders, stores attendants, instructors, cafeteria employees, and hourly paid department clerks accounting, but excluding pattern makers, pattern makers' apprentices, foremen, assistant foremen, non- working gang leaders, supervisory employees, other office and clerical employees, watchmen, inspectors, routine chemists, outside truck drivers, office janitors, management employees; and executives, as their representative for the purposes of collective bargaining and that, pursuant to Section 9 (a) of the Act, United Steelworkers of America, C. I. 0., is the exclusive representative of all such employees for the purposes of collective bargaining with respect to rates of pay, wages, hours of employment, and other conditions of employment.