Pressed Steel Car Co., Inc.

F) In the Matter of PRESSED STEEL CAR 'COMPANY, INC. and STEEL WORIIIERS ORGANIZI\ G COAT n TnE, LOCAL UNION 1844 Case No. R-3100.-Decided October 31,19./1 Jurisdiction : railroad and nil tie car manufacturing industry. Practice and Procedure : petition dismissed where no question concerning repre- sentation is found to exist in view of valid existing contract between Company and competing union. Mr. Harry Brownstein, for the Board. Thorp, Bostwick, Reed & Armstrong, by 111r. C. M. Thorp, Jr., and Mr. Donald W. Ebbert, of Pittsburgh, Pa., for the Company. Mr. Myer Bernstein, of Pittsburgh, Pa., for the S. W. O. C. Mr. Joseph I. Winslow, of Pittsburgh,. Pa., for'the Car and Foundry Workers. Mr. Frederic B.'Parkes, end, of counsel to the Board. DECISION AND ORDER STATEMENT Or T17E CASE On September 3, 1941, Steel Workers Organizing Committee, Local Union 1844, herein called the S. W. O. C., filed with the Regional Director for the Sixth Region (Pittsburgh, Pennsylvania) a petition alleging that. a question affecting commerce had arisen concerning the representation of employees of Pressed Steel Car Company, Inc., McNees Rock, .Pennsylvania, herein called the Company, and request- ing 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 September 15, 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. On September 16, 1941, the Regional Director issued a notice of hearing, copies of which were duly served upon the Company and the S. W. O. C. and upon Car and Foundry Workers Union, Inc., 36 N. L. R. B., No. 117. 560 PRESSED STEEL CAR -COMPANY, INC. 561 herein called the Car and Foundry Workers, a labor organization claiming to represent employees directly affected by the investigation. Pursuant to notice, a hearing was held on September 29 and 30, 1941, at Pittsburgh, Pennsylvania, before C. W. Whittemore, the Trial Examiner duly designated by the Chief Trial Examiner. The Board, the Company, the S. W. O. C., and the Car and Foundry Workers were represented 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. During the course of the hearing the Trial Examiner made various 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. Pursuant to notice, a hearing for the purpose of oral argument was held before.the Board on October 16, 1941, at Washington, D. C. The Company, the S. W. O. C., and the Car and Foundry Workers were represented and presented argument. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT I., THE BUSINESS OF THE COMPANY Pressed Steel Car Company, Inc., a Pennsylvania corporation, is engaged in the business of manufacturing and assembling railroad passenger cars, railroad freight cars, mine cars and equipment. and shell forging and armour plate. The Company has a number of sub- sidiaries located in the United States and foreign countries. The Company owns and ' operates two plants, located at 'McKees Rock, Pennsylvania, and Hegewisch, Illinois, respectively. The instant pro- ceeding is concerned only with the employees of the McKees Rock plant. In the- year 1940, the Company purchased materials for use at its McKee Rock plant valued at more than $2,000,000, approximately 50 per cent of which was purchased at points outside the State of Penn- sylvania. In the year 1940, the net sales of the products of the Com- pany's McKees Rock plant amounted to more than $25,000,000, of which approximately 75 per cent was sold and shipped to points out- side the State of Pennsylvania. The Company employs approxi. mately 2,500 production and maintenance employees at its McKees Rock plant. H. THE ORGANIZATIONS INVOLVED Steel Workers Organizing Committee, Local Union 1844, is a labor organization affiliated with.the Congress of Industrial Organizations, admitting employees of the Company to membership. 433118-42-vol. 36-37 562 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Car and Foundry Workers Union, Inc., is all unaffiliated labor organization. Local No. 1 admits employees of the Company to membership. III. THE ALLEGED QUESTION CONCERNING REPRESENTATION The parties stipulated at the hearing that the subregional director of the S. W. O. C. telephoned the Company's works manager and assistant works manager during the period between January 27 and August 14, 1941, concerning grievance matters of members of the S. W. O. C. Sometime between August 14 and 16,1941, the S. W. O. C. informed the Company that it represented a majority of the Company's employees and requested that the Company consent to an immediate election.' The Company refused the S. W. O. C.'s request on the ground that an election could not properly be held because of an exist- ing contract between the Company and the Car and Foundry Workers which had been executed on February 25, 1941. On December 23, 1937, the S. W. O. C. filed a petition requesting an investigation and certification of representatives of the Company's employees. On June 23,1938, the Board issued its Decision and Direc- tion of Election.2 An election was held on January 25, 1940, among the production and maintenance employees to determine whether they desired to be represented by the S. W. O. C.3 or by the Car and Foundry Workers 4 for the purposes of collective bargaining or by neither labor organization. The Car and Foundry Workers won the election, and on February 23, 1940, was formally certified by the Board.5 ' The S. W. O. C. submitted to the Board 's Regional Attorney 1,777 application cards, dated as follows : 3 in December 1940, 4 in January 1941, 54 in February 1941, 142 in March 1941 , 204 in April 1941 , 177 in May 1941 , 23 in June 1941, 23 in July 1941, 588 in August 1941 , 55 in September 1941, and 504 undated. The Regional Attorney reported that 1 , 140 of the 1,777 apparently genuine signatures are the names of persons whose names appear on the Company 's pay roll of August 31 , 1941 . As of that date , there were approxi- mately 2 ,483 employees in the unit alleged by the -S. W. O. C. to be appropriate. The Car and Foundry workers submitted no evidence of its representational claim to the Regional Attorney but introduced into evidence at the hearing an affidavit of its financial secretary as to its membership totals . The affidavit states that as of February 25, 1941, the Car and Foundry workers had 2 ,897 members , of whom 1 ,208 were members in good standing with paid -up dues and that as of March 31, 1941 , the Car and Foundry workers had 2 .958 members , of whom 1,242 were members in good standing with paid -up dues. No check of membership records against the Company's pay roll was made. 2 Matter of Pressed Steel Car Company , Inc. and Steel Workers Organizing Committee, 7 N. L. R. B. 1099. 3 The record discloses that the S . W. O. C. commenced its organizational activities approxi- mately 4 years ago and has continued its organizational campaign to the present. ' The Car and Foundry workers commenced its organizational activities in November 1933 . The Car and Foundry workers have chartered three locals. Local No. 1 is limited to employees of the Company ; Local No . 2, organized in 1937 , at Milton , Pennsylvania, is limited to employees of American Car and Foundry Company , Car Shop ; Local No. 3, organ- ized in 1939, is limited to employees of Fort Pitt Malleable Iron Company , McNees Rock, Pennsylvania. 'Matter of Pressed Steel Car Company, Inc. and Steel Workers Organizing Committee, 20 N. L. R. B. 700. PRESSED STEEL CAR COMPANY, INC. 563 On February 25,1941, the Company, entered into a contract with the Car and Foundry Workers, recognizing that labor organization as the exclusive bargaining representative for the Company's employees a The contract provides that it shall be effective from April 1, 1941, to March 31, 1942, and thereafter unless 60 days' notice of termination be given before the annual expiration date. The Company and the Car and Foundry Workers contend that their contract constitutes a bar to a present investigation and certification of representatives. At the time the contract was executed the Car and Foundry Workers was the certified representative of the Company's employees. Admittedly, the first claim of majority representation on the part of the S. W. O. C. was not made until August 14 to 16, 1941., more than 51/2 months after the contract between the Company and the Car and Foundry Workers was executed. The S. W. O. C. concedes that normally under these circumstances the contract between the Com- pany and the Car and Foundry Workers should not be disturbed during its 1-year term. The S. W. O. C., however, urges that the contract should not be held to constitute a bar to a present investiga- tion and certification of representatives because of the following al- legedly extraordinary circumstances: (1) increases in the number of employees from-1,469.in January 1940, the date of the election, to 2,271 in February 1941, the date of execution of the contract between the Company and the Car and Foundry Workers, and to 2,483 on August 31, 1911, the last pay-roll date preceding the hearing; -(2) failure on the part of the Car and Foundry Workers to administer the contract; (3) dissatisfaction of employees with the contract and the bargaining agency as evidenced by numerous spontaneous strikes. We are of the opinion that none of these reasons is sufficient to justify an election at, the present time. The increase in the number of employees is a normal occurrence, particularly in times of great industrial activity. More- over, the record discloses that the parties are operating under the con- tract and have negotiated concerning seniority ratings, wage rates, and other grievance matters. A primary purpose of the Act is to stabilize industrial relations by means of collective bargain- ing agreements., Not to hold a valid exclusive bargaining contract a bar to a determination of representatives during its initial term of 1 year on the grounds urged by the S. W. O. C. would tend to increase industrial unrest rather than to promote industrial peace and thus 9 The 1941 contract supplanted an earlier "members only" contract entered into between, the Company and the Car and Foundry Workers on April 2, 1937. 7 See Consolidated Edison Company et at. v. National Labor Relations Board et at., 305 U. S. 197, affirming as modified, 93 F. (2d) 390 (C. C. A. 2), enforcing Matter of Consolidated" Edison Company of New York, Inc., and its affiliated companies, etc. and United Electrical and Radio Workers of America, affiliated with the Committee for Industrial organization- 4 N. L. R. B. 71. 564, DECISIONS. OF NATIONAL „LABOR RELATIONS BOARD would not best effectuate the policies of the Act. In view of these circumstances, we find that the contract between the Company and the Car and Foundry Workers is a bar to a present investigation and certification of representatives. We shall dismiss the petition without prejudice to the filing of another by the S. W. O. C. within a reasonable period before the expiration of the contract between the Company and the Car and Foundry Workers. We find that no question has arisen concerning the representation of employees of the Company. Upon the basis of the above findings of fact and upon the entire record in the case, the Board makes the following : CONCLUSION OF LAW No question concerning the representation of employees of Pressed Steel Car Company, Inc., McKees Rock, Pennsylvania, exists within the meaning of Section 9 (c) of the Act. ORDER. Upon the basis of the foregoing findings of fact and conclusion of law, the National Labor Relations Board hereby orders that the peti- tion for investigation and certification of representatives filed by Steel Workers Organizing Committee, Local Union 1844, affiliated with the Congress of Industrial Organizations, be, and it hereby is, dismissed.