Bethlehem Steel Co.

In the Matter of BETHLEHEM STEEL COMPANY (SHIPBUILDING DIVISION) and INTERNATIONAL MOLDERS AND FOUNDRY WORKERS UNION OF NORTH AMERICA, LOCAL No. 81 (A. F. OF L.) In the Matter of BETHLEHEM STEEL COMPANY (SHIPBUILDING Divi- SION) and LOCAL 96, INTERNATIONAL UNION OF OPERATING ENGINEERS (A. F. OF L.) In the Matter of BETHLEHEM STEEL COMPANY ( SHIPBUILDING DIVISION and INDUSTRIAL UNION OF MARINE AND SHIPBUILDING WORKERS OF AMERICA, LOCAL No. 12 (C. I. 0.) In the Matter of BETHLEHEM STEEL COMPANY (SHIPBUILDING DIVISION) and LOCAL 807, INTERNATIONAL BROTHERHOOD OF TEAM- STERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS (A. F. OF L.) Cases Nos. R-2691 to R-0694 inclusive AMENDMENT AND SUPPLEMENT TO DECISION DIRECTION OF ELECTIONS AND ORDER On August 5, 1941, the National Labor Relations Board, herein called the Board, issued its Decision, Direction of Elections, and Order in the above-entitled cases.'. In its Decision, involving only the Staten Island Yard of Bethlehem Steel Company (Shipbuilding Division), herein called the Company, the Board directed an election in a plant-wide unit, with certain exclusions, and an election among foundry employees. A petition which had been filed by Local 807, International Brotherhood of Teamsters, Chauffers, Warehousemen and Helpers (A. F. of L.), herein called the Teamsters, was dismissed on the ground that the unit contended for by the Teamsters was inappropriate. . On August 15, 1941, the Teamsters filed another petition with the Board alleging that a question affecting commerce had arisen con- cerning the representation of truck drivers at the Staten Island Yard 1 33 N. L. R. B. 1064. 35 N. L R. B., No. 9. 34 BETHLEHEM STEEL COMPANY 35 of the Company and requesting an investigation and certification of representatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449. On August 15,' 1941, the Teamsters, the Company,-and Industrial Union of Marine and Shipbuilding Workers of America, Local No. 12 (C. I. 0.), herein called the Industrial Union, entered into a consent election agreement whereby the Board's Regional Director for the Second Region was authorized to conduct an election among the truck drivers in the Company's Staten Island Yard. On August 15, 1941, the Teamsters and the Industrial Union joined in a petition to the Board requesting the Board to amend its Decision, Direction of Elections, and Order of August 5, 1941, and exclude the employees claimed by the Teamsters from the plant-wide election directed by the Board in the August 5, 1941, Decision, Direc- tion of Elections, and Order; and that the Board amend its August 5, 1941, Decision, Direction of Elections, and Order to permit-the determination of the question of representation of the truck drivers in the Staten Island Yard of the Company in accordance with the above-mentioned consent election agreement entered into between the parties. Although the Company did not join in this latter petition to the Board, it has indicated to the Board in writing that it does not oppose the petition. Under all the circumstances and in accordance with the request of all interested parties, the Board hereby amends its Decision, Direction of Elections, and Order 2 of August 5, 1941, in the above- entitled cases by - (1) Inserting at page 5, line 4, the following sentence : The Industrial Union and Company agree to exclude the truck drivers claimed by the Teamsters from the plant-wide unit. (2) Striking the last two paragraphs on page 6. (3) Inserting at page 8, line 19 after the word "basis," and before the word "and" the following : "truck drivers,". (4) Inserting at page 9, in the sixth line from the end of the last full paragraph, after the word "basis," and before the word "and" the following : "truck drivers,". (5) Striking at page 10, line 3, the period after the word "dis- missed" and inserting at -that -point the following : ", that of the Teamsters without prejudice.". ,'Reference hereinafter is to the mimeographed copy of the Decision, Direction of Elec- tions, and Order 451270-42-vol 35 4 36 DECISIONS OF NATIONAL LABOR RELATIONS BOARD [SAME TITLE] SUPPLEMENTAL DECISION AND CERTIFICATION OF REPRESENTATIVES September 23, 1941 On August 5, 1941, the National Labor Relations Board, herein called the Board, issued its Decision, Direction of Elections, and Order in the above-entitled proceeding., On August 28, 1941, the Board issued an Amendment and Supplement to Decision, Direction of Elections, and Order. Pursuant to the Direction of Elections, elections by secret ballot were conducted on August 29, 1941, under the direction and supervision of the Regional Director for the Second Region (New York City). On September 4, 1941, the Regional Director, acting pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended, issued an Elections Report, copies of which were duly served upon the parties. No objections to the conduct of the ballot or the Elections Report have been filed by any of the parties. As to the balloting and its results, the Regional Director reported as follows : With respect to Group 1 ( Case No. R-2691) Total number eligible to vote______________________________ 96 Total number of ballots cast______________________________ 91 Total number of valid ballots ______________________________ 88 Total number of votes in favor of Industrial Union of Marine and Shipbuilding Workers of America, Local No. 12, C. I. 0.------------------------------------------------- 4 Total number of votes in favor of International Molders and Foundry Workers Union of North America, Local No. 81, A. F. of L---------------------------------------------- 84 Total number of votes in favor of neither union _____________ 0 Total number of blank votes_______________________________ 0 Total number of void ballots------------------------------ 1 Total number of challenged votes__________________________ 2 With respect to Gioup 2 (Case No. R-2693) Total number eligible to vote_____________________________ 3681 Total number of ballots cast_______________________________ 2876 Total number of valid ballots----------------------------- 2818 Total number of votes in favor of Industrial Union of Marine and Shipbuilding Workers of America, Local 12, C. I. 0-_ 2193 Total number of votes against afore-mentioned union ------ 625 Total number of blank votes______________________________ 6 Total number of void ballots_______________________________ - 3 Total number of challenged votes__ ________________________ 49 I 33 N. L R . B 1064. BETHLEHEM STEEL COMPANY 37 In the Decision of August 5, 1941 , as amended , the Board made no final determination as to the appropriate unit or units , but stated that such determination would depend upon the results of the elec- tions ordered. Upon the entire record in the case, the Board makes the following : SUPPLEMENTARY FINDINGS OF FACT We find that all foundry employees in the Staten Island Yard of Bethlehem Steel Company ( Shipbuilding Division ) engaged in the production of castings , but excluding crane operators and pattern makers, constitute a unit appropriate for the purposes of collective bargaining, and that said unit will insure to employees of the Com- pany the full benefit of their right to self-organization and to col- lective bargaining and otherwise effectuate the policies of the Act. We find that all employees of Bethlehem Steel Company (Ship- building Division) in the Staten Island Yard, excluding all foundry employees ( other than crane operators and pattern makers ) engaged in the production of castings , all salaried employees and executives or supervisors who do not work with tools, foremen, timekeepers , drafts- men, watchmen , employees of the engineering department including technical employees in that department ,.'janitors and janitresses, office and clerical employees, snappers who are paid on a salary basis, truck drivers, and all technical employees working on a salary, constitute a unit appropriate for the 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 effectuate the policies of the Act. On the basis of the above findings of fact and upon the entire record in the case, the Board makes the following : SUPPLEMENTARY CONCLUSIONS OF LAW 1. All foundry employees in the Staten Island Yard, of Bethlehem Steel Company (Shipbuilding Division), New York City, engaged in the production of castings, but excluding crane operators and pattern makers, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the National Labor Relations Act. 2. All employees of Bethlehem Steel Company (Shipbuilding Divi- sion), New York City, in its Staten Island Yard, excluding all foundry employees (other than crane operators and pattern makers) engaged in the production of castings , all salaried employees and executives or supervisors who do not work with tools, foremen, time- keepers, draftsmen, watchmen , employees of the,engineering depart- ment including technical employees in that department , janitors and janitresses, office and clerical employees , snappers who are paid on 38 DECISIONS OF NATIONAL LABOR RELATIONS BOARD a salary basis, truck drivers, and all technical employees working on a salary, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the National Labor Relations Act. CERTIFICATION OF REPRESENTATIVES 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 International Molders and Foundry Workers Union of North America, Local No. 81, affiliated with the American Federation of Labor, has been designated and selected by a majority bf the foundry employees engaged in the production of castings employed by Bethlehem Steel Company (Shipbuilding Divi- sion ), New York City, in its Staten Island Yard, excluding crane operators and pattern makers , as their representative for the purposes of collective bargaining, and that, pursuant to the provisions of Sec- tion 9 (a) of the National Labor Relations Act, International Molders and Foundry Workers Union of North America, Local No. 81, affil- iated with the American Federation of Labor, is the exclusive repre- sentative of all such employees for the purposes of collective bar- gaining with respect to rates of pay, wages, hours of employment, and other conditions of employment; and IT IS HEREBY FURTHER CERTIFIED that Industrial Union of Marine and Shipbuilding Workers of America, Local No. 12, affiliated with the Congress of Industrial Organizations, has been designated and selected by a majority of all employees of Bethlehem Steel Company (Shipbuilding Division ), New York City, in its Staten Island Yard, excluding all foundry employees (other than crane operators and pattern makers) engaged in the production of castings , all salaried employees and executives or supervisors who do not work with tools, foremen, timekeepers , draftsmen , watchmen, employees of the engi- neering department including technical employees in that department, janitors and janitresses, office and clerical employees , snappers who are paid on a salary basis , truck drivers, and all technical employees working on a salary, as their representative for the purposes of col- lective bargaining, and that, pursuant to the provisions of Section 9 (a) of the National Labor Relations Act, Industrial Union of Ma- rine and Shipbuilding Workers of America, Local No. 12, affiliated with the Congress of Industrial Organizations , is the exclusive repre- sentative of all such employees for the purposes of collective bargain- ing with respect to rates of pay , wages, hours of employment, and other conditions of employment. 35 N. L. R. B, No. 9a.