Republic Steel Corp.

In the Matter of REPUBLIC STEEL CORPORATION , NTT,-F. s STEEL. PROD- UCTS DIVISION and THE NILES STEEL FABRICATING EMPLOYEES' Asso- CIATION ( INDEPENDENT) Case No. B-2830.-Decided September 12, 1941 Jurisdiction : steel fabricating and stamping industry. Investigation and Certification of Representatives : existence of question: stipu- lated; election necessary. Unit Appropriate ' for Collective Bargaining : all production and maintenance employees, excluding executives, foremen, assistant foremen, supervisors who do not work with tools, draftsmen, timekeepers, nurses, first-aid men, watch- men, and office and salaried employees ; stipulation as to. Mr. T. F. Patton, of Cleveland, Ohio, for the Company. Mr. Paul Z. Hodge, of Warren, Ohio, for the Association. Mr. Meyer Bernstein, of Pittsburgh, Pa., for the S. W. O. C. Mr. Frederic B. Parkes, 2nd, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On April 3, 1941, The Niles Steel Fabricating Employees' Asso- ciation (Independent), herein called the Association, filed with the Regional Director for the Eighth Region (Cleveland, Ohio) a peti- tion alleging that a question affecting commerce had arisen concerning the representation of employees of Republic Steel Cor- poration, Niles Steel Products Division,' Niles, Ohio, herein called the Company, and requesting an investigation and certification of representatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On July 8, 1941, 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. i Incorrectly designated as The Niles Steel Products Company in the pleadings and amended by stipulation of all parties at the hearing. 35 N. L R. B, No 75. 363 364 DECISIONS OF NATIONAL LABOR RELATIONS BOARD On July 21, 1941, the Regional Director issued a notice of hear- ing, copies of which were duly served upon the Company and the Association and upon Local No. 2347, Steel Workers Organizing Committee, affiliated with the Congress of Industrial Organizations, herein called the S. W. O. C., a labor organization claiming to represent employees directly affected by the investigation. Pur- suant to notice, a hearing was held on August 1, 1941, at Niles, Ohio, before Harry L. Lodish, the Trial Examiner duly designated by the Chief Trial Examiner. The Company, the Association, and the S. W. O. C. were represented by counsel and 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. No objections to the introduction of evi- dence or to the rulings of the Trial Examiner were made by any of the parties. The Board has reviewed the rulings of the Trial Ex- aminer and finds that no prejudicial errors were committed. The rulings are hereby affirmed. On August 20, 1941, the Association and the S. W. O. C. 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 Republic Steel Corporation, Niles Steel Products Division, is en- gaged in the manufacture of steel pails, barrels, boxes, drums, skid platforms, foundry flasks, and steel stampings for the automobile, agricultural machine, and miscellaneous industries at its plant in Niles, Ohio. In 1940, the Company sold products valued at $3,401,- 366.36, $2,294,208.73 worth of which were sold and shipped to points outside the State of Ohio. The Company employs approximately 600 employees. II. THE ORGANIZATIONS INVOLVED The Niles Steel Fabricating Employees' Association is an un- affiliated labor organization, admitting employees of the Company to membership. Local No. 2347, Steel Workers Organizing Committee,' is a labor organization, affiliated with the Congress of Industrial Organizations, admitting employees of the Company to membership. III. THE QUESTION CONCERNING REPRESENTATION At the hearing, the Company, the Association, and the S. W. O. C. stipulated that a question concerning representation had arisen and REPUBLIC STEEL CORPORATION 365 that the Association and the S. W. O. C. represent a substantial number of employees in the unit found below to be appropriate. 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 At the hearing, the Company, the Association, and the S. W. O. C.z stipulated, and we find, that all production and maintenance em- ployees of the Company's plant at Niles, Ohio, excluding executives, foremen, assistant foremen, supervisors who do not work with tools, draftsmen, timekeepers, nurses, first-aid men, watchmen; and office and salaried employees, constitute a unit appropriate for the pur- poses of collective bargaining. We further find 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 effectu- ate the policies of the Act. VI. THE DETERMINAIION OF REPRESENTATIVES We find that the question concerning representation which has arisen can best be resolved by means of an election by secret ballot. 2 Although the S. W. 0. C. stipulated at the hearing to a separate election for the Niles Steel Products Division of Republic Steel Corporation , it asserts that such stipulation is not intended to waive its claim that all the plants of the Company , including its iron-ore mines in Michigan and Minnesota , comprise a single appropriate unit. In the event that the S. W. O. C. wins the election at the Company's plant in Niles, Ohio, it requests that the Board certify it, not as the collective bargaining representative for the employees of the Company's plant in Niles, Ohio, alone , but rather append such certification to those which may be made as the result of petitions filed with the Board concerning other of the Company's plants. A stipulation , entered into by the Company and the S. W. 0. C. on July 15, 1941, provides , inter alia, that the employees in the various plants of the Company covered by the stipulation for whom the Board shall certify the S. W. 0. C. as the statutory representative shall constitute 'a single appropriate collective bargaining unit. We are of the opinion, however , that at the present time it is unnecessary to determine the question of certification which will depend upon the outcome of the election. Cf. Matter of Chrysler Corporation and United Automobile Workers of America, Local 371, affiliated with C. 1. 0, 17 N. L. R. B . 737; Matter of Briggs Manufacturing Company and Briggs Indiana Corporation and International Union, United Automobile Workers of Amer- ica, affiliated, with the C. I. 0., and Locals No 312 and No. 265, International Union, United Automobile Workers of America, affiliated with the C. I. 0., 17 N. L. R. B. 749. 366 DECISIONS OF NATIONAL LABOR RELATIONS BOARD The Association desires the use of the pay roll nearest April 3, 1941, for the purpose of determining eligibility to vote. The S. W. O. C. desires the use of the pay roll immediately preceding the date of the Direction of Election. The Company's operations in the past have been highly seasonal in character; the rush season has started in March and ended the latter part of September or October, when the Company has usually laid off 50 per cent of its employees. However, due to the volume of unfilled contracts, it is possible that no further lay-offs will be made this year. Furthermore, it appears that each season the Company rehires workers whom it has previously employed and that the seasonal employees are frequently employed permanently at the end of the busy season. In view of these circumstances, we shall direct that the employees of the Company eligible to vote in the elec- tion shall be those who were employed during the pay-roll period immediately preceding the date of the Direction of Election herein, subject to such limitations and additions as are set forth in the Direction. - 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 Republic Steel Corporation, Niles Steel Products Division, Niles, Ohio, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act. 2. All production and, maintenance employees of the Company's plant at Niles, Ohio, excluding executives, foremen, assistant foremen, supervisors who do not work with tools, draftsmen, timekeepers, nurses, first-aid men, watchmen, and office and salaried employees con- stitute 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 Relations Act, 49 Stat. 449, and pursuant to Article III, Section 8, of National Labor Relations Board Rules and Regulations-Series 2, as amended, it is hereby DmEarED that, as part of the investigation authorized by the Board to ascertain representatives for the purposes of collective bargaining with Republic Steel Corporation, Niles Steel Products Division, Niles, Ohio, an election by secret ballot shall be conducted as early as pos- sible, but not later than thirty (30) days from the date of this Direc- REPUBLIC STEEL CORPORATION 367 tion, under the direction and supervision of the Regional Director for the Eighth 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 and maintenance em- ployees at the Company's plant at Niles, Ohio, who were employed during the pay-roll period immediately preceding the date of this Direction, including employees who did not work during such pay- roll period because they were ill or on vacation or in the active military service or training of the United States, or temporarily laid off, but excluding executives, foremen,, assistant foremen, supervisors who do not work with tools, draftsmen, timekeepers, nurses, first-aid men, watchmen, office and salaried employees, and employees who have since quit or been discharged for cause, to determine whether they desire to be represented by The Niles Steel Fabricating Employees' Associa- tion, or by Local No. 2347, Steel Workers Organizing Committee, affiliated with the Congress of Industrial Organizations, for the pur- poses of collective bargaining, or by neither.