Jones & Laughlin Steel Corp.

In the Matter Of JONES & LAUGHLIN STEEL CORPORATION and INTER- NATIONAL ASSOCIATION OF BRIDGE, STRUCTURAL, & ORNAMENTAL IRON WORKERS, SHOPMEN'S LOCAL 619, AFFILIATED wITH AMERICAN FEDERA- TION OF LABOR Case No . R-1991.Decided September 14, 1940 Jurisdiction : warehousing"industry. Investigation and Certification of Representatives : existence ' of question : re- fusal to accord -recognition to the union and' request that certification be obtained; election necessary. Unit Appropriate for Collective Bargaining : all the warehouse and shop em- ployees in the Company's New Orleans, Louisiana, plant, exclusive of office and clerical personnel, supervisory employees, the head shipper and assistant shippers in the shipping department, expediters, cleaning men or porters, watchmen, temporary employees, and drafting-room personnel. Mr. B. A. Murray of St. Louis, Mo., and Mr. F. O. Hagner of New Orleans, La., for the Union. Rosen, Kammer, Wolf cC Farrar, of New Orleans, La., by Mr. Louis L. Rosen, for the Company. Mr.'Edward Scheuneniann, of counsel to the Board. 1 DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On July $, 1940, International Association of Bridge, Structural, & Ornamental Iron Workers, Shopmen's Local 619, affiliated with, the American Federation of Labor, herein called the Union, filed with the Regional Director for the Fifteenth Region (New Orleans, Louisiana), a petition, and on August 9, 1940, an amended petition, alleging that a question affecting commerce had arisen concerning the representation of employees in the warehouse and shop of Jones & Laughlin Steel Corporation, New Orleans, Louisiana, herein called the Company, and requesting an investigation and certification of representatives pursuant to Section 9 (c) of the National Labor Rela- tions Act, 49 Stat. 449, herein called the Act. 27 N. L. R. B.. No. 47. 218 JONES & LAUGHLIN STEEL CORPORATION 219 On August' 3, 1940, 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 Regulations-Series 2, as amended, ordered an investigation and authorized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice. On August 3, 1940, the Regional Director issued a notice of hear- ing, copies of which were duly served upon the Company and the Union. Pursuant to the notice, a hearing was held on August 12, 1940, in New Orleans, Louisiana, before Samuel Lang, the Trial Examiner duly designated by the Board. The Company, represented by counsel; and the Union, by its officials, participated in the hearing and were afforded full opportunity to be heard, to examine and cross- examine witnesses, and to introduce evidence bearing on the issues. During the course of the hearing, the Trial Examiner made a number of rulings on motions and on objections to the admission of evidence. The Board has reviewed the rulings of the Trial Examiner and finds that no prejudicial errors were committed. The rulings are hereby affirmed. On September 3, 1940, the Company, and on September 6, 1940, the Union, filed briefs, which the Board has considered.' Upon the entire record in the case, the Board makes the following: FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Jones & Laughlin Steel Corporation, a Pennsylvania corporation with its principal office and place of business in Pittsburgh, Penn- sylvania, is engaged in the manufacture of steel. It owns and oper- ates two plants in Pittsburgh, Pennsylvania, and maintains ware- houses in New Orleans, Louisiana ; New York City ; Pittsburgh, Penn- sylvania; Detroit, Michigan; Chicago, Illinois; Cincinnati, Ohio; and Memphis, Tennessee. This proceeding involves only the Company's New Orleans shop and warehouse. The Company employs approxi- mately 210 persons in its New Orleans shop and warehouse. ' During the year 1939 the Company received all of the raw materials used in its- New Orleans shop and warehouse from outside the State of Louisiana. During the same period, it sold approximately 50,000 tons of fabricated and plain steel from its New Orleans shop and warehouse, and it shipped approximately 40 per cent of such mate- rials to States other than Louisiana. I On August 29. 1940, the Company suggested certain corrections in the transcript of the hearing,. and on September 4, 1940, the - Union agreed to the corrections. 220 DECISIONS OF NATIONAL LABOR RELATIONS BOARD II: THE ORGANIZATION INVOLVED - International Association of Bridge, Structural & Ornamental Iron Workers, Shopmen's Local 619 is a labor organization affiliated with, the American Federation of Labor. It admits to membership em- ployees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The parties stipulated at the hearing that the Company refuses to recognize the Union as the exclusive bargaining agency for its em- ployees within an appropriate unit unless and until the Union is cer- tified as' exclusive bargaining representative by the Board. There was introduced in evidence a statement of the Regional Director showing that the Union had submitted to him 113 applications for membership, all of which bore apparently genuine signatures of per- sons on the Company's pay roll of July 19, 1940. We find that a question has arisen concerning the representation of 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 Union contends that all warehouse and shop employees of the New Orleans plant of the Company, exclusive of office and clerical personnel, supervisory employees, the head shipper and assistant ship- pers in the shipping department, inspector, expediters, cleaning men or porters, watchmen, temporary employees and drafting-room per-, sonnel, constitute a unit appropriate for purposes- of collective bargaining. The Company agrees with the Union's contention except that it be- lieves the truck drivers should be excluded' from the unit and that the inspector should be included. The Company employs eight truck drivers to haul raw materials " and finished products to and from the warehouse. Occasionally, ware- house employees are hired as truck drivers. The record- does not show any substantial differences in wages, hours, or working conditions be- JONES & LAUGHLIN STEEL CORPORATION 221 tween the truck drivers and the other employees who the parties agree should be included in the unit. While the truck drivers are not eligible for membership in the Union, three of them have authorized the Union to represent them for the purposes of collective bargaining.. We find that the truck drivers should be included in the unit. There is only one employee in the plant designated as an "inspector." He spends approximately one-half of his working time in checking materials and finished products to see that they conform to specifica- tions, and the other half in performing ordinary labor in the ware- house. There is no evidence that he has any supervisory function. We And that he should be included within the unit. We find that all the warehouse and shop employees of the New Or- leans plant of the Company, exclusive of office and clerical personnel, supervisory employees, the head shipper and assistant shippers in the shipping-department, expediters, cleaning men or porters, watchmen, temporary employees and drafting-room personnel constitute a unit appropriate for purposes of collective bargaining and that said unit will insure to employees of the Company the full benefit of their right to self-organization and to collective bargaining and otherwise effec- tuate the policies of the Act. There is a dispute as to whether certain individual employees fall within the groups excluded from the unit. The Union contends that 0. Weiss and P. J. Soland are supervisory employees. Weiss was des- ignated assistant foreman by the Company on July 3, 1940. Although he had not, at the time of the hearing, exercised supervisory authority, he would have power to do'so in the absence of the foreman. We find that he is a supervisory employee and consequently is not within the unit. Soland is designated as an electrician, and there is no evidence that he acts as a supervisory employee. We find that he should be in- cluded within the unit. The Union contends that J. Haro is a clerical employee. Although he is designated as a shipping clerk on the pay roll, his primary duty is to assist in loading the trucks. We find that he is not a clerical employee and should be included within the unit. YT. THE DETERMINATION OF REPRESENTATIVES We find that the question which has arisen concerning representa- tion can best be resolved by the holding of an election by secret ballot. In accordance with our usual practice, we shall direct that employees within the appropriate unit employed during the pay-roll period im mediately preceding the date of our Direction of Election shall be eligible to vote. The Company contends, and the Union denies, that J. McCoy, R. Picket, and G. L. Dolese are no longer employees of the Company. Picket and McCoy were laid off on July 3, 1940. The Company re- 222 DECISIONS OF NATIONAL LABOR RELATIONS BOARD quested them to return to work prior to the hearing and both men refused on the ground that they were working elsewhere. Dolese did not return to work on August 4, 1940,_ at the conclusion of a strike called by the Union on August 1, 1940. He contended that he had received permission from a company, official to take his vacation at that time. On August 6, 1940, the Company notified him to return to work on August 7, 1940. When he failed to do so, the Company again notified him to return on August 8, 1940, or "Your name will 'automatically be dropped from our pay roll." Dolese ,did not reply until August 10, 1940, at which time the Company had dropped his name from the pay roll. We find that McCoy, Picket, and Dolese are not employees of the Company and are not eligible to vote in the election unless they have been reemployed and are within the appropriate unit during the pay-roll period immedi- ately preceding the date of our Direction of Election. Upon the basis of the above findings of fact and upon the entire record in the case, the Board makes the following : CONCLUSIONS OF LAW 1. A question affecting commerce has arisen concerning the repre- sentation of employees of Jones & Laughlin Steel Corporation in its New Orleans shop and warehouse within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act. 2. All the warehouse and shop employees in the New Orleans, Louisiana, plant of Jones & Laughlin Steel Corporation exclusive of office and clerical personnel, supervisory employees, the head ship- per and assistant shippers in the shipping department, expediters, cleaning men or porters, watchmen, temporary employees, and draft- ing-room personnel, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act. 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 ordered by the Board to ascertain representatives for collective bargaining with Jones & Laughlin Steel Corporation in its New Orleans shop and warehouse, 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 JONES & LAUGHLIN STEEL CORPORATION 223 for the Fifteenth 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 all the warehouse and shop employees of the Company in its New Orleans, Louisiana, shop and warehouse, who were employed during the pay-roll period immedi- ately preceding the date of this Direction of Election, including any employees who did not work during that period because they were ill or on vacation, and any who were then or have since been tempo- rarily laid off, but excluding office and clerical personnel, super- visory employees, the head shipper and assistant shippers in the shipping department, expediters, cleaning men or porters, watchmen, and temporary employees, drafting-room personnel, and any employ- ees who have since quit or been discharged for cause, to determine whether or not they desire to be represented by International Asso- ciation of Bridge, Structural & Ornamental Iron Workers, Shopmen's Local 619, affiliated with the American Federation of Labor, for the purposes of collective bargaining. [SAME TITLE] SUPPLEMENTAL DECISION AND ORDER November 15, 1940 On September 14, 1940, the National Labor Relations Board, herein called the Board, issued a Decision and Direction of Election in the above-entitled proceeding. Pursuant to the Direction' of Election an election by secret ballot was conducted on September 23, 1940, at New Orleans, Louisiana, under the direction and supervision of the Re- gional Director for the Fifteenth Region (New Orleans, Louisiana). On September 25, 1940, the Regional Director, acting pursuant. to Article III, Section 9 of National Labor Relations Board Rules and Regulations-Series 2, as amended, issued an Election Report, copies of which were duly served upon International Association of Bridge, Structural & Ornamental Iron Workers, Shopmen's local 619,,af iliated with American Federation of Labor, herein called the Union, and upon Jones & Laughlin Steel Corporation, herein called the Company. As to the balloting and its results, the Regional Director reported as follows : Total on eligibility list______________________________________ 147 Total ballots cast___________________________________________ 140 Total ballots challenged_____________________________________ 0 224 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Total blank ballots ________________________________ 0 Total void ballots________________________________ ________ 0 Total valid votes cast_______________________________________ 140 Votes cast for International Association of Bridge, Structural & Ornamental Iron Workers, Shopmen's Local 619, affiliated with American Federation of Labor________________________ 68 Votes cast against 'International Association of Bridge, Struc- tural & Ornamental Iron Workers , Shopmen's Local 619, affili- ated with American Federation of Labor____________________ 72 On September 25, 1940, the Union filed with the Regional Director a Protest of Election. The Union-objected to the election, in substance, on the grounds that the Company had sponsored a company-dominated union to interfere with the election, had informed the employees that they would receive wage increases if they joined the allegedly com- pany-dominated union, and had coerced employees in the exercise of their rights to select a representative of their own choosing. On Octo- ber 15, 1940, the Regional Director, acting pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations- Series 2, as amended, issued a Report on Objections, copies of which were duly served upon the parties. The Union, although stating that it would supply affidavits in support of its allegations against the Company, has not submitted any such affidavits. The Board has considered the Election Report, the Protest to Elec- tion filed 1^y the Union, and the Report on Objections, and finds that the protest filed by the Union does not present substantial or material issues with respect to the conduct of the ballot or the Election Report. The results of the election show that no collective bargaining repre- sentative has been selected by a majority'of the employees in the appro- priate unit. We shall, therefore, dismiss the Union's petition. ORDER By virtue of 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 ORDERED that the Petition for Investigation and Certifi- cation of Representatives of employees of Jones & Laughlin Steel Cor- poration, New Orleans, Louisiana, filed by International Association of Bridge, Structural & Ornamental Iron Workers, Shopmen's Local 619, affiliated with American Federation of Labor, be and it hereby is dismissed. 27 N. L. R. B., No. 47a.