Wheeling Steel Corp.

In the Matter Of WHEELING STEEL CORPORATION and STEEL WORIu RS ORGANIZING CO_1ixITTEE Case. No. R-1990. Decided August, 31, 19110 Jurisdiction : 'steel products-manufacturing industry. Investigation . and Certification of Representatives : existence of question:re-, fusal to accord recognition to union; eleci on necessary. Unit Appropriate for Collective Bargaining : production and maintenance em- ployees excluding clerical and supervisory employees, watchmen, regular crane operators, part-time clerk and part-time crane operator, and part-time watchman and part-time maintenance man. Mr. John E. Bruce and Mr. John E. Laughlin, Jr., of Wheeling, West Va., for the Company. Mr. William R. Henderson and Mr. Will Watts, of Memphis, Tenn., for the S. W. O. C. Mr. Sidney L. Davis, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE ,On June 24, 1940, Steel Workers Organizing Committee, herein' called the S. W. O. C., filed with the Regional Director for the Tenth Region (Atlanta, Georgia) a petition alleging that a ques- tion affecting commerce had' arisen concerning the representation _ of employees of* Wheeling Steel Corporation, Wheeling, West • Vir- ginia, herein called the Company, at its warehouse and river ter- minal at Memphis, Tennessee, and requesting an investigation and certification of representatives pursuant to Section 9 (c) of the Na- tional Labor Relations Act, 49 Stat. 449, herein called the Act." On July 25, 1910, the National Labor Relations Board, herein called the Board, acting pursuant to Section 9 (c) of the Act and Article III, Section 3, of National Labor Relations Board Rules and Regula- tions-Series 2, as amended, ordered an investigation and authorized 'The petition was also signed by the vice president of the Tennessee State Industrial . Union Council who appeared at the hearing as a representative of the S. W. O. C. 27 N. L. R. B., No. 6. 34 WHEELING STEEL .' CORPORATION 35 the. Regional Director to conduct it and to provide for an appro- priate hearing upon due notice. On August 2, 1940, the Regional Director issued a notice of hear- ing, copies of which were duly served upon the Company and the S. W. O. C. Pursuant to notice, a hearing was held on August 12, 1940, at Memphis, Tennessee , before John C. McRee , the Trial Exam- iner duly designated by the Board. The Company was represented by counsel - and the S. W. O. C. by its representatives . All partici- pated in the hearing and were afforded full opportunity to be heard, to examine and cross-examine witnesses , and to introduce evidence bearing upon the issues . International Longshoremen's Association, herein called the I. L. A., was named in the petition as an interested party and was notified by a representative of the Board of the time and the place of the hearing. The Board representative was in- formed by the I. L. A. that it had no interest in the proceeding and would make no appearance at the hearing nor would it seek to inter- vene. At the hearing, the Trial Examiner granted, without objection, a, 'motion of the S. W. O. C. to amend its petition with respect to its claim concerning the appropriate unit. This ruling is hereby af- firmed . During the course of the, hearing the Trial Examiner made several other rulings on motions. The Board has reviewed the rul- ings of the Trial Examiner and finds that no prejudicial errorswere committed. The rulings are hereby affirmed. ,Upon the entire record in the case, the Board makes the following: FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY Wheeling Steel Corporation , a Delaware corporation with its prin- cipal office in Wheeling, West Virginia, is engaged in manufacturing, selling and distributing various types of iron, steel , and tin products. The Company operates five steel -manufacturing plants in Ohio and West Virginia and warehouses in several States. This proceeding is. concerned only with the warehouse and river terminal at Memphis, .Tennessee. During 1939 the Company's Memphis warehouse received from plants of, the Company located in other States various steel products valued at more than $500,000. Approximately 80 per cent of the products received by the Memphis warehouse were shipped to customers in States other than the State of Tennessee . The Company admits that it is engaged in interstate commerce within the meaning of the Act. H. THE ORGANIZATION INVOLVED Steel Workers Organizing Committee, acting for Amalgamated'As- sociation of Iron, Steel and Tin Workers of North America, is a labor 36 DECISIONS OF NATIONAL LABOR RELATIONS BOARD organization affiliated with the Congress of Industrial Organizations, admitting to membership all employees of the Company excluding supervisory and office positions. III. THE QUESTION CONCERNING REPRESENTATION- In February 1939 the Company entered into a written agreement with Local 1595 of the I. L. ' A., which agreement, effective March 1, 1939, recognized the I. L. A. as the representative for collective bargaining of the employees of the Memphis warehouse and river terminal who were members of that organization. The agreement was renewed with certain minor changes on September 8, 1939. At a meeting with representatives of the Company in May 1940, a com- mittee which had acted in the past as the representative of the I. L. A, notified the representatives of the Company that all members,. officers, and committeemen of the. I. L. A. had become members, officers, and committeemen, respectively, of the S. W. O. C. The Company re- fused to recognize the S. W. O. C. as the exclusive representative of its employees until that organization had been certified by the Board. We find that a question has arisen concerning the representation of the employees of the Company. IV. THE- EFFECT OF THE QUESTION CONCERNING REPRESENTATION 'UPON COMMERCE We find that the question concerning representation which has arisen,. occurring in connection with the operations of the Company described in Section_ I above, has a close, intimate, and substantial relation to trade, traffic, and commerce among the several States, and tends to lead to labor disputes burdening and obstructing commerce and the free flow of commerce. V. THE APPROPRIATE UNIT The Company and the S. W. O. C. stipulated at the hearing, and we find, that all production 'and maintenance employees at the Company's warehouse and river terminal at Memphis, Tennessee, excluding cler- ical and supervisory employees, watchmen , regular crane operators, part-time clerk and part-time crane operator, and part -time watchman and part-time maintenance min , constitute a unit appropriate for the purposes of collective bargaining. VI. 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 use as the date for determining eligibility of employees to vote the pay-roll date immediately preceding the date of this Direction of Election. WHEELING STEEL CORPORATION 37 On the basis of the above findings of fact and upon the entire record in the case, the Board makes the following : O CONCLUSIONS OF LAW 1. A question affecting commerce has arisen concerning the repre- sentation of employees of Wheeling Steel Corporation, Wheeling, West Virginia, at its warehouse and river terminal at Memphis, Ten- nessee, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 2. All production and maintenance employees at the Company's warehouse and river terminal in Memphis, Tennessee, excluding cler- ical and supervisory employees, watchmen, regular crane operators, part-time clerk and part-time crane operator, and part-time watchman and part-time maintenance man, constitute a unit appropriate for the purposes of collective bargaining. 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 ordered by the Board to_ ascertain representatives for the purposes of collective bargaining with Wheeling Steel Corporation, Wheeling, West Virginia, 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 of Election, under the direction and supervision of the Regional Director for the Tenth Region, acting in this matter as agent for the National Labor Rela- tions Board, and subject to Article III, Section 9, of said Rules and Regulations, among all production and maintenance employees of the Company at its warehouse and river terminal at Memphis, Tennessee, who were employed during the pay-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, and employees who were then or have since been temporarily laid off, but excluding clerical and supervisory employees, watchmen, regular crane operators, part-time clerk and part-time crane operator, part- time watchman and part-time maintenance man, and emlloyees who have since quit or been discharged for cause, to determine whether or not they desire to be represented by Steel Workers Organizing Com- mittee, acting for Amalgamated Association of Iron, Steel and Tin Workers of North America, affiliated with the Congress of Industrial Organizations, for the purposes of collective bargaining. 38 - DECISIONS OF NATIONAL LABOR RELATIONS BOARD SAME TITLE] - CERTIFICATION OF REPRESENTATIVES' October 17, 1940 0 On August 31, 1940, the National Labor Relations Board issued a Decision and Direction of Election in the above-entitled proceedings. Pursuant to the Direction of Election, an election by secret ballot was conducted on September 20, 1940, under the direction and supervision of the Regional Director for the Tenth Region (Atlanta, Georgia). -On September 23, 1940, the Regional Director, acting pursuant to Article III, Section 9, of National Labor Relations Rules and Regula- tions-Series 2, as amended, issued and duly served upon the parties an Election Report. No objections to the conduct of the ballot or the Election Report have been filed by any of the parties. As to the balloting and its results, the Regional Director reported as follows : , - Total number eligible-------------------------------------- 61 Total ballots cast------------- ------------- ------- ----------------------- 60 Total number of ballots cast for Steel Workers Organizing Com- mittee acting for Amalgamated Association of Iron, Steel & Tin Workers of N. A-------------------------------------- 58 Total number of ballots cast against Steel Workers Organizing Committee acting for Amalgamated Association of Iron, Steel & Tin Workers of N. A------------------------------------ 0 Total number challenged ballots----------------------------- 2 Total number of void ballots-------------------------------- 0 Total number of blank ballots ------------------------------- 0 - Since the two challenged ballots cannot affect the results of the election, we find it unnecessary to pass upon the challenges. 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, 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 Steel Workers Organizing Committee, acting for Amalgamated Association of Iron, Steel and Tin Workers of North America, has been designated and selected by a majority of the production and maintenance employees of Wheeling Steel Corpo- ration, Wheeling, West Virginia, at its warehouse and river terminal at Memphis, Tennessee, exclusive of clerical and supervisory em- ployees, watchmen, regular crane operators, part'-time clerk and part- time crane operator, part-time watchman and part-time maintenance man- as their representative for the-purposes of collective bargaining, and that, pursuant to Section 9 (a) of the National Labor Relations WHEELING STEEL CORPORATION 39 Act, Steel Workers Organizing Committee, acting for Amalgamated Association of Iron, Steel and Tin Workers of North America, is the exclusive representative of all such employees for, the purposes of col- lective bargaining in respect to rates of pay, wages, hours of employ- ment;, and -other conditions of employment. _ . ` 27 N. L.R. 'B., No.'-6a..