Crucible Steel Co. of America

In the Matter of CRUCIBLE STEEL COMPANY OF AMERICA AND ITS SUB- SIDIARY, NATIONAL DRAWN STEEL COMPANY, INC., and UNITED STEELWORKERS OF AMERICA Case No. R-4097.-Decided gugiist 27, 19V Jurisdiction : steel manufacturing industry. Investigation and Certification of Representatives : existence of question: re- fusal to accord petitioner recognition; contract which appeared to corer only members of petitioning organization, and which was terminable upon 10 days notice by Company, held no bar; election necessary. Unit Appropriate for Collective Bargaining : All production and maintenance employees in all plants, excluding foremen in charge of. any classes of labor, office clerical workers, guards or watchmen, and salaried employees ; stipu- lation as to. Mr. Henry Shore, for the Board. - Reed, Smith, Shaw and McClay, of Pittsburgh, Pa., by Mr. John 0. Bane, Jr., for the. Companies. Mr. Eugene Cotton, of Washington, D. C.,'for the Union. Mr. Joseph E. Gubbins, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE .Upon petition and amended petition duly filed by United Steel- workers of America, affiliated with the C. I. 0., herein called the Union,I alleging that a question affecting commerce had arisen con- . cerning the representation of employees of Crucible Steel Company of America,.New York City, and its subsidiary, National Drawn Steel Company, Inc.,' East Liverpool, Ohio, herein collectively called the Companies, the National Labor Relations Board provided for an ap- propriate :hearing upon due notice before J. J. Fitzpatrick,, Trial Examiner. Said hearing was held at Pittsburgh, Pennsylvania, on July 30, 1942. The Companies and the Union appeared, participated, and,were afforded full opportunity to be heard, to examine, and cross- 3 At the hearing, without objection, the Trial Examiner granted a motion by the Union that the papers in this proceeding be amended to show 4ts present name, United Steel- workers of America, in lieu of its former name, Steel Workers Organizing Committee. 43 N.L:R B, No. 111. 730 ' CRUCIBLE STEEL C0MPANY OF AMERICA 731 examine witnesses, and to introduce evidence bearing upon the is- sues. The ,Trial Examiner's rulings made at the hearing are free. from prejudicial error and are hereby affirmed. Thereafter the Com- panies filed a brief which the Board has considered: Upon the entire record in the case, the Board makes the-following : FINDINGS OF FACT I..THE BUSINESS OF THE COMPANIES Crucible Steel Company of America is a New Jersey corporation engaged in the manufacture of steel. It operates plants at Midland, Pittsburgh, and McKees Rocks, Pennsylvania ; at Harrison and Jer- sey City, New Jersey; and three plants at Syracuse, New York. National Drawn Steel Company, Inc., an Ohio, corporation, is a wholly owned subsidiary of the Crucible Steel Company of America, and operates a steel manufacturing plant at East Liverpool, Ohio. The total sales of the plants operated by the Companies during recent months have been in excess of $100,000,000. Their total shipments of steel and steel products during recent months have been- in excess of 7,000 tons per month. More than half of the steel products made at each of these plants moves in interstate commerce and more than 30 percent of the raw materials used, which amount to about 30,000 tons per, month, moves in interstate commerce to' the plants. The Com- panies' plants are engaged entirely in war production. ' H. THE ORGANIZATION INVOLVED United Steelworkers of America and Locals Nos. 1209, 1276, 1277, 1291, 1339, 1420, 1802, 2194, and 1212 thereof are labor organizations affiliated with the Congress of Industrial Organizations, admitting to membership employees of the Companies. III. THE QUESTION CONCERNING REPRESENTATION At various times during, the, years of 1941 and,, 1942• the Union requested the Companies to recognize it as the exclusive representa- tive of their employees, but the Companies have denied these re- quests. The Companies have stipulated that the Union represents a substantial number-of employees in the unit hereinafter found to be appropriate. ' The Companies moved to have the petition dismissed, claiming that an existing contract between the Companies and the Union contains all the necessary requirements for the purpose of col- lective bargaining. The Companies further maintain that the present contract has been working acceptably silice 1937 and that the -Com- 732 DECISIONS OF NATIONAL LABOR RELATIONS BOARD panies are not bargaining or threatening to bargain with any other .labor organization. It appears, however, that the contract covers' members of the Union only and, can be canceled by the Companies upon giving 10 days' notice to the Union. We find that a question affecting commerce has arisen concerning the representation of employees of the Companies, within the mean- ing of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. IV. THE APPROPRIATE UNIT We find, in accordance with a stipulation of the parties, that all production and maintenance employees of the Companies in all their steel manufacturing plants, excluding foremen in charge of any classes of labor, office clerical workers, guards or watchmen, and,sal- aried employees, constitute a single 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 the em- ployees in the appropriate unit who were employed during the pay- roll period immediately preceding the date of the Direction of Elec- ti on herein, subject to the limitations and additions set forth in the Direction. 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 Relations 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 authorized by the Board to ascertain representatives for the purpose of collective bargain- ing with Crucible Steel Company of America, New York City, and its subsidiary, National 'Drawn Steel Company; Inc., East Liverpool, Ohio, an election by secret ballot shall be conducted as early as pos- sible, but not later than thirty (30) days-from the date of this Direc- tion, under the direction and supervision of the Regional Director for the Sixth 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 ap- propriate in Section IV above, who were, employed during the pay- CRUCIBLE STEEL COMPANY OF AMERICA 733 roll period immediately preceding the date of this Direction of Election, including employees who did not work during such pay- roll period because they were ill or on vacation or in the active mili- tary 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 or not they desire to be represented by'United Steelworkers of America, affiliated with the C. I. 0., for the purposes of collective bargaining. • CHAIRMAN, MILLIs -took no part in the,consideration of the above Decision and_ Direction of Election. I