Pressed Steel Car Co., Inc.

In the Matter Of PRESSED STEEL CAR COMPANY, INC. and STEEL WORKERS ORGANIZING COMMITTEE Case No. R-702 THIRD AMENDMENT TO DIRECTION OF ELECTION December 26, 1939 On June 23, 1938, the National Labor Relations Board, herein called the Board, issued a Decision and Direction of Election in the above- entitled case.' The Direction of Election directed that an election by secret ballot be conducted among the production and maintenance employees of the Pressed Steel Car Company, Inc., herein called the Company, at its McKees Rocks plant, who were in the employ of the Company during the pay-roll period next preceding April 7, 1938, excluding clerical workers, supervisory officials, salaried employees, watchmen, timekeepers, gang leaders, and inspectors, and excluding those who had since quit or been discharged for cause, to determine whether they desired to be represented by Car and Foundry Workers Union, Incorporated, or by Steel Workers Organizing Committee for and in behalf of the Amalgamated Association of Iron, Steel and Tin Workers of, North America, Lodge No. 1844, affiliated with the Commitee for Industrial Organization,2 for the purposes of collective bargaining, or by neither. On July 6, 1938, the Board issued an amendment to the Direction of Election.3 The Direction of Election, as amended, provided that an election should be held within twenty-five (25) days from the date of the Direction. After charges and amended charges were filed by Steel Workers Organizing Committee, alleging that the Company had engaged in and was engaging in unfair labor practices within the meaning of Section 8 (1), (2) and (3) of the Act, the Board, on July 19, 1938, further amended its Direction of Election, as amended, by striking out the words "within twenty-five (25) days from the date of this Direction" and substituting therefor the words "at such time as the Board may in the future direct." 3 Pursuant to the request of Steel 17 N. L. R. B. 1099. 2 Now Congress of Industrial Organizations. 2 8 N. L. R. B. 100. 18 N. L. R. B., No. 81. 700 PRESSED STEEL CAR COMPANY, INC. 701 Workers Organizing Committee, the unfair labor practice charges were subsequently withdrawn, and on November 10, 1939, Steel Work- ers Organizing Committee requested the Board to proceed with the election, providing that a current eligibility date be adopted. On December 9, 1939, the Board served notice upon all parties to the proceeding that unless sufficient cause to the contrary shall have appeared, the Board, on December 22, 1939, would issue its Third Amendment to the Direction of Election, directing that an election be held among employees in the appropriate unit "who were in the employ of the Company during the pay-roll period next preceding the date of this Third Amendment to Direction of Elec-' tion." All parties were accorded an opportunity to file objections and arguments in support thereof, and to request permission to argue orally before the Board, concerning the proposed Third Amend- ment. No requests for oral argument have been submitted. The Car and Foundry Workers Union, Incorporated, filed a general ob- jection, challenging the Board's authority to change the eligibility date designated in its original Direction, "for the reason that no evi- dence has been taken by said Board." The Board has considered the objection filed by Car and Foundry Workers Union, Incorporated, and finds it to be without merit. The Board hereby grants the request of Steel Workers Organizing Committee, that an election be held and that a current eligibility date be adopted. By letter of December 11, 1939, Steel Workers Organizing Committee in- formed the Board that a substantial number of employees of the Company within the appropriate unit had been temporarily laid off. In accordance with our usual procedure, we shall include such employees among those who are eligible to vote. The, Direction of Election, as amended, is hereby further amended by striking therefrom the words "at such time as the Board may in the future direct" and substituting therefor the words "as early as possible, but not later than thirty (30) days from the date of the Third Amendment to Direction of Election herein"; also, by striking therefrom the words "who were in the employ of the Company during the pay-roll period next preceding April 7, 1938," and substi- tuting therefor the words "who were in the employ of the Company during the pay-roll period next preceding the date of the Third Amendment to Direction of Election herein, including employees who were then or have since been temporarily laid off;". MR. WILLIAM M. LEISERSON took no part in the consideration of the above Third Amendment to Direction of Election.