The Colorado Fuel & Iron Corp.

In the Matter of THE COLORADO FUEL & IRON CORPORATION and STEEL WORKERS ORGANIZING COMMITTEE - Case No. B-2190.-Decided February 12, 1941 Jurisdiction : steel manufacturing industry. Investigation and Certification of Representatives : existence of question: re- fusal to accord recognition to the union ; company-dominated organization excluded from ballot ; election necessary. Unit Appropriate for Collective Bargaining : all production, maintenance, and construction employees with specified inclusions and exclusions ; agreement as to. - Mr. Willard F. Morris, for the' Board. Mr: Fred Farrar, of Denver, Colo., for the Company. Mr. Frank Hefferly, of Denver, Colo., for the S. W. O. C. Mr. Lyell F. Crandall, of Pueblo, Colo., for the W. S. S. P. U. Mr. A. T. Stewart, Mr. James; Irwin, and Mr. A. J. Diamond, of Pueblo,' Colo., for the E. R. O. Mrs. Augusta Spaulding, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On August 19, 1940, Steel Workers Organizing Committee, herein called the S. W. O. C., filed a petition, and on November 16, 1940, an amended petition, with the Regional Director for the Twenty- second Region (Denver, Colorado) alleging that a question affecting commerce had arisen concerning the representation of employees of The Colorado Fuel and Iron Corporation,' Pueblo, Colorado, herein called the Company, at its Minnequa plant, Pueblo, Colorado, and requesting an investigation and certification of representatives pur-' suant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On November 4, 1940, the National Labor Relations Board, herein called the Board, acting pursuant to Section ' The nam1 of the Company appears erroneously as Colorado Fuel and Iron Corporation on the petition and other formal papers 29 N. L. R. B., No. 96. 541 .542 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 9 (c) of the Act and Article III, Section 3, of National Labor Rela- tions 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. Pursuant to notice, issued by the Regional Director on November 22, 1940, a hearing was held on December 9, 1940, at Pueblo, Colo- rado, before Gustaf B. Erickson, the Trial Examiner duly designated by the Board. The Board, the Company, and Employees' Repre- sentatives' Organization, herein called the, E. R. 0., appeared and were represented by counsel, the S. W. O. C. and Western States Steel Products Union, herein called the W. S. S. P. U., by their respective representatives, and all participated in the hearing. Full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues was afforded all parties. The Company excepted to the ruling of the Regional Director deny- ing an application for subpoenas duties teceum. to require the produc- tion in evidence of all correspondence between the S. W. O. C. and the Board or its agents' relating to this proceeding. Since the appli- cation does not sufficiently disclose the relevance of this correspon- dence to the issues in this proceeding, the ruling of the Regional Director is hereby sustained. At the commencement of the hearing, the Company moved to dis- miss the.petition or, in the alternative, to postpone the hearing and further proceedings until the conclusion of proceedings for review and enforcement in the Circuit Court of Appeals of the Board's decision that the E. R. O. was a company-dominated organization and its order that the Company should disestablish the E. R. O. and give no effect to a contract between them.' The Trial Examiner de- nied the motion to postpone the hearing, but did not rule upon the motion to dismiss. The motion is hereby denied. During the course of the hearing the Trial Examiner made other rulings on motions and 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 December 21, 1940, the Company filed a written argument,, which the Board has considered. On January 9, 1941, pursuant to notice, a hearing was held before the Board at Washington, D. C., for the purpose of oral argument. The E. R. O. appeared and presented oral argument. 2 Matter of The Colorado Fuel and Iron Corporation and International Ue1ion of Mine, Mill & Smelter Workers, Local 44d; In the Matter of Colorado Fuel & Iron Corporation and Steel Workers Organizing Committee, 22 N L R B 184, decided March 29, 1940; petition to review, No. 2097, filed April 9, 1940 ; answer and petition for enforcement filed June 19, 1940 (C. C. A 10). THE COLORADO FUEL AND' IRON CORPORATION 543 Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY The Colorado Fuel and Iron Corporation has its office and prin- cipal place of business in Denver, Colorado. At Pueblo, Colorado, the Company owns and maintains an iron and steel mill, known as the Minnequa plant, which is the only plant involved in this -proceeding. .In 1939 more than 400,000 long tons of iron, the entire' output of the Company's mine at Sunrise, Wyoming, other raw materials exceeding $5,000,000 in value, and machinery and equipment exceed- ing $2,000,000 in value were shipped to the Minnequa plant from States other than Colorado. In the same year the Company shipped front its Minnequa plant to points outside Colorado more than 400,000 tons of iron and steel products, which constituted more than 50 per cent of the total output of the Minnequa plant. During the year 1940 the Company's shipments to and from the Minnequa plant were approximately the same as during the preceeding year. 11. THE ORGANIZATIONS INVOLVED Steel Workers Organizing Committee is a labor organization af- filiated with the Congress of Industrial Organizations. It admits to membership employees of the Company. Western States Steel Products Union is an unaffiliated labor organ- ization. It admits to membership employees of the Company. Employees' Representatives' Organization is. an unaffiliated labor organization. It admits to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION On or about June 27, 1940; a representative of the S. W. O. C. requested the Company to recognize the S. W. O. C. as the exclusive bargaining representative of its production and maintenance em- ployees at the Minnequa plant.. The Company stated that it would' recognize the S. W. O. C. when it had proved that a majority of such employees had designated it as their bargaining representative. A statement prepared by the Regional Director and introduced into evidence discloses that the S. W. O. C. and the W. S. S. P. U. have been designated by a substantial number of employees in the- appropriate unit.3 " The S. W. O. C. presented to the Regional Director in support of its claim to represent a majority of employees in the appropriate unit 2 ,202 application for membership cards,. of which 192 hear dates in 1937, 490 in 1938, 219 in 1939 , and 553 in 1940. 748 cards '544 DECISIONS . OF NATIONAL; ' LABOR RELATIONS ;BOARD , We find that a question has arisen concerning the representation of employees of the Company at its Minnequa plant. 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 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, the S. W. 0. C., and the W. S. S. P. U. agree, and we find, that all production, maintenance, and construction employees of the Company at its Minnequa plant, including first helpers, stove men, riggers, maintenance inspectors, warehouse employees in the plant, millwrights, weighmen, assistant rollers, gang leaders, and straw bosses, but excluding officers, executives, superintendents, as- sistant superintendents, general foremen, foremen,4 assistant foremen, foremen inspectors, subforemen who will have worked as foremen or assistant foremen more than 50 per cent of the regular working time during the month preceding the date of this Decision and Direc- tion of Election, boss loaders, melters, blowers, rollers (except the Blooming Mill rollers who shall be included), timekeepers, office and clerical employees, mill office clerks, watchmen (including in this class of exclusion the watchmen who work part of the time as timekeepers), technical and professional engineers, draftsmen, chemists, all other professional employees, laboratory employees, metallurgists, employ- ees of the metallurgical and inspection department, mercantile store employees, hospital and dispensary employees, Y. M. C. A. employees, employees of the Colorado & Wyoming Railway, ditch and reservoir employees, and plant transportation facility employees in the blast were note dated. Of these cards, all of which- appear to bear genuine signatures, 1,692 bear names of employees listed on the Company's pay roll of August 27, 1940. The W. S. S. P. U., in support of its claim to represent employees in the appropriate unit, submitted 568 application for membership cards, of which 81 bear dates in 1938, 26:3 in 1939, and 210. in 1940 and 14 are undated 427 of, these cards, all of which appear to bear genuine signatures, bear names of employees listed on the Company 's pay roll of August 27, 1940. The number of employees in the appropriate unit at the time of the hearing ,vas approximately 5,000 4 Five persons , although designated on the Company's records as gang leaders or gang foremen are in fact foremen . All parties agree and we find that they should be excluded from the unit. These five foremen are : Louis.Alitto, Ray Rhodes, Robert Brown, Ed C Jenni and Joe' Tedisco. THE COLORADO FUEL AND IRON CORPORATION 545 furnace, open, hearth, and merchant mill departments, constitute a unit appropriate for the purposes of collective bargaining.' We 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 effectuate the policies of the Act. VI. THE DETERMINATION OF' REPRESENTATIVES We find that the question concerning representation can, best be resolved by, and we shall accordingly direct, an election by secret ballot. Since we have found that the E. R. O. is a company-dominated or- ganization,6 we will not provide for its participation in the election. ' -Those eligible to vote in the election shall be employees in the ap- propriate unit who were employed during the pay-roll period im- mediately preceding the date of our Direction of Election, including employees who did not work during such pay-roll period because they were ill or on vacation, employees on leave,' and employees who were then or have since been temporarily laid off, but excluding employees who have since quit or been discharged for cause. On 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 The Colorado Fuel and Iron Corporation, Pueblo, Colorado, at its Minnequa plant, within the meaning of Sec- tion 9 (c) and Section 2 (6) and (7) of the Act. 2. All production, maintenance, and construction employees of The Colorado Fuel and Iron Corporation, Pueblo, Colorado, at its Minnequa plant, including first helpers, stove men, riggers, mainte- nance inspectors, warehouse employees in the plant, millwrights, weighmen, assistant rollers, gang leaders, and strawbosses, but ex- cluding officers, executives, superintendents, assistant superintendents, general foremen, foremen, assistant foremen, foremen inspectors, sub- foremen who will have worked as foremen or assistant foremen more than 50 per cent of the regular working time during the month pre- 6 The E. R. O. contends that plant transportation facility employees in the blast furnace department , excluding engineers , should be included in the bargaining unit Since, as noted below , we are not providing a place on the ballot for the E. R. 0 and the other parties wish to exclude such employees from the unit , we will not include them. 9 See footnote 2 above. 7 The Company maintains an inactive pay roll for men on leave of absence. The S. W. O. C desires that men on leave should be eligible to vote in the election. The Company and the W. S S P. U . do not object to their eligibility. N 546 DECISIONS OF NATIONAL LABOR RELATIONS BOARD ceding the date of our Direction of Election, boss loaders, melters, blowers, rollers (except the Blooming Mill rollers who shall be in- cluded), timekeepers, office and clerical employees, mill office clerks, watchmen (including in this class of exclusion the watchmen who work part of the time as timekeepers), technical and professional engineers, draftsmen, chemists, all other professional employees, lab- oratory employees, metallurgists, employees of the metallurgical and inspection department, mercantile store employees, hospital and dis- pensary employees, Y. M. C. A. employees, employees of the Colorado and Wyoming Railway Company, ditch and reservoir employees, and plant transportation facility employees in the blast furnace, open hearth, and merchant mill departments, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Sec- tion 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 authorized by the Board to' ascertain representatives for collective bargaining with The Colo- rado Fuel and Iron Corporation, Pueblo, Colorado, 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 Twenty- second 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 production, maintenance, and construc- tion employees of The Colorado Fuel and Iron Corporation, Pueblo, Colorado, at its Minnequa plant, including first helpers, stove men, riggers, maintenance inspectors, warehouse employees in the plant, millwrights, weighmen, assistant rollers, gang leaders, and straw bosses, who were employed during the pay-roll period immediately preceding the date of this Direction of Election, including employees who did not work during that pay-roll period because they were ill or on vacation, employees on leave, and employees who were then or have since been temporarily laid off, but excluding officers, executives, superintendents, assistant superintendents, general foremen, foremen, assistant foremen, foremen inspectors, stibforemen who will have worked as foremen or assistant foremen more than 50 per cent of the regular working time during the 'month preceding the date of this Direction, boss loaders, melters, blowers, rollers (except the Blooming THE COLORADO FUEL AND IRON CORPORATION 547 Mill rollers who shall be included), timekeepers, office and clerical employees, mill office clerks, watchmen (including in this class of exclusion the watchmen who work part of the time as timekeepers), technical and professional engineers, draftsmen, chemists, all other professional employees, laboratory employees, metallurgists, employ- ees of the metallurgical and inspection department, mercantile store employees, hospital and dispensary employees, Y. M. C. A. employ- ees, employees of The Colorado & Wyoming Railway, ditch and reser- voir employees, and plant transportation facility employees in the blast' furnace, open hearth, and merchant mill departments, and em- ployees who" have since quit or been discharged for cause, to determine whether said employees desire to be represented by Steel Workers Organizing Committee or by Western States Steel Products Union, for the purposes of collective bargaining, or by neither. ' 41 3110 2-4 2-vol 29--36