Jones & Laughlin Steel Corp.

In the Matter of JoNEs & LAUGHLIN STEEL CORPORATION and INTER- NATIONAL ASSOCIATION OF BRIDGE, STRUCTURAL AND ORNAMENTAL IRON WORKERS, AFFILIATED WITH THE A. F. OF L. Case No. B-2714.-Decided August 9, 1941 Jurisdiction : steel producing industry. Investigation and Certification of Representatives : existence of question: con- flicting claims of rival representatives ; since more than a year has elapsed since the filing of a previous petition and since no collective bargaining repre- sentative was certified as a result of the previous petition, Company's objec- tion to present petition and hearing held without merit ; election necessary. Unit Appropriate for Collective Bargaining : all warehouse and shop employees at the New Orleans shop and warehouse of the Company, including the truck mechanic and truck drivers, but excluding superintendents, assistant ware- house superintendents, foremen, head shippers, employees in the drawing room, the office janitor, shipping clerks, and watchmen. Mr. Alfred C. Kammer, of New Orleans, La., for the Company. Mr. C. T. Campbell, of New Orleans, La., for the International. Mr. Frank J. Stacy, of New Orleans, La., for the Independent. Mr. Louis Cokin, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On May 31, 1941, International Association of Bridge, Shructural and Ornamental Iron Workers, affiliated with the A. F. of L., herein called the International, filed with the Regional Director for the Fifteenth Region (New Orleans, Louisiana) a petition alleging that a question affecting commerce had arisen concerning the represen- tation of employees 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 Relations Act, 49 Stat. 449, herein called the Act. On June 30, 1941, the National Labor Relations Board, herein called the Board, acting pursuant to Section 9 (c) of the 34 N. L R. B., No. 12. 95 96 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Act, and Article III, Section 3, of National Labor Relations Board Rules and Regulations-Series 2, as amended, ordered an inves- tigation and authorized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice. On July 2, 1941, the Regional Director issued a notice of hearing, copies of which were duly served upon the Company, the Inter- national, and Independent Employees Mutual Association, herein called- the Independent, a labor organization claiming to represent employees directly affected by the investigation. Pursuant to notice, a hearing was held on July 10, 1941, at New Orleans, Louisiana, before C. Paul Barker, the Trial Examiner duly designated by the Chief Trial Examiner. The Company was represented by counsel, the Inter- national and the Independent by their representatives; all partici- pated in the hearing. The Trial Examiner granted a motion to in- tervene filed by the Independent at the commencement of the hear- ing. Full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues was afforded all parties. At the commencement of the hearing, counsel for the Company objected to the petition and the hearing in this proceeding on the ground that the petition herein was filed within a year of the date of a previous petition. The Trial Examiner reserved ruling on the objection. The objection is hereby overruled.'. During the course of the hearing, the Trial Examiner made several rulings on motions and on objections to the admission of evidence. The Board has re- viewed the rulings of the Trial Examiner and finds that no pre- judicial errors were committed. The rulings are hereby affirmed. Upon the entire record in the case, the Board makes the following: FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY Jones & Laughlin Steel Corporation, a Pennsylvania corporation with its principal office and place of business in Pittsburgh, Pennsyl- vania, is engaged in the manufacture of steel. This proceeding in- volves only the shop and warehouse maintained by the Company at New Orleans, Louisiana. During 1940 the Company received all the raw materials used at its New Orleans shop and warehouse from points outside the State of Louisiana. During the same period, it sold ap- proximately 50,000 tons of fabricated and plain steel from its New 1 The previous petition alluded to by counsel for the Company was filed on July 8, 1940. More than a year has elapsed since that petition was filed and no collective bargaining representative was certified as a result of the previous petition. Matter of Jones & Laughlin Steel Corporation and International Association of Bridge, Structural & Orna- mental Iron Workers, Shopmen's Local 619, affiliated with American Federation of Labor, 27 N. L. R. B. 218; 27 N. L. R. B. 223. JONES & LAUGHLIN STEEL CORPORATION 97 Orleans shop and warehouse, approximately 40 per cent of which was shipped by it to points outside the State of Louisiana. II. THE ORGANIZATIONS INVOLVED International Association of Bridge, Structural and Ornamental Iron Workers is a labor organization affiliated with the American Fed- eration of Labor. It admits to membership employees at the New Orleans shop and warehouse of the Company. Independent Employees Mutual Association is an unaffiliated labor organization, admitting to membership employees at the New Orleans shop and warehouse of the Company. III. THE QUESTION CONCERNING REPRESENTATION The International and the Independent each claim to represent a majority of the employees at the New Orleans shop and warehouse of the Company. The Company stated that it has no way of know- ing which labor organization represents a majority of its employees. A statement of the Trial Examiner introduced in evidence shows that the International and the Independent each represent a substantial number of employees of the Company.2 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 International, the Independent, and the Company agree that all warehouse and shop employees at the New Orleans shop and ware- house of the Company should be included in the appropriate unit and that superintendents, assistant warehouse superintendents, foremen, head shippers, employees in the drawing room, and the office janitor, should be excluded. They disagree, however, as to the disposition to be made of other employees and classifications of employees. 2 The Trial Examiner stated that the International presented membership records and application cards bearing the names of 89 persons who appear on the Company 's pay roll of July 10, 1941. He further stated that the Independent presented membership applica- tion cards bearing the names of 96 persons who appear on the Company 's pay roll of July 10, 1941 . There are approximately 175 employees on the July 10, 1941 , pay roll. 98 DECISIONS OF NATIONAL LABOR RELATIONS BOARD L. Simoneaux.-This employee is classified by the Company as an assistant foreman. The International urges that he be included in the unit and the Company and the Independent that he be excluded. The International contends that he is not an assistant foreman but merely an expediter, and that he engages in manual work. Expediters were excluded in the previous Decision,3 the International agreeing to their exclusion. The superintendent of the Company testified that Simoneaux is classified as a supervisory employee and, in the absence of the foreman, is in complete charge of 25 employees. We find that Simoneaux should be excluded from the unit. Shipping clerks.-The International urges that this class of em- ployees be excluded from the unit and the Company and the Inde- pendent that they be included. It appears that these employees en- gage in purely clerical work. Clerical employees were excluded from the unit in a previous Decision involving the New Orleans warehouse and shop of the Company. We find that shipping clerks should be excluded from the unit. Truck mechanic and truck drivers.-The International urges that these employees be excluded from the unit and the Company and the Independent that they be included. These employees load Company trucks, drive between specified terminals, and unload the trucks. They spend about 30 per cent of their time working in the plant. In the previous Decision these employees were found to be a part of the ap- propriate unit, the International at that time requesting that they be included in the unit. Under the circumstances, we find that the truck mechanic and truck drivers should be included in the unit. Watchmen.-The International contends that the watchmen should be excluded and the Company and the Independent that they be included, These employees guard the premises of the Company. They were, excluded from the unit in the previous Decision. We find that the watchmen should be excluded from the unit. C. J. Thomann.-The International urges the exclusion of this employee from the unit on the ground that he is a shipping clerk. The Company and the Independent contend that he should be in- cluded in the unit inasmuch as he is an ordinary production employee of the Company. The evidence is undisputed that although Thomann was a shipping clerk, he was transferred to the job of car loader several months prior to the hearing in this proceeding and that the Company has no intention of returning him to the job of shipping clerk. Since Thomann is a car loader, we find that he should be included in the unit. 3 Matter of Jones & Laughlin Steel Corporation and International Association of Bridge, Structural & Ornamental Iron Workers, Shoprnen's Local 619, affiliated with American Fede ation of Labor, 27 N L. R B 218. JONES & LAUGHLIN STEEL CORPORATION 99 Hart and Webre.-The International urges that these employees be excluded from the unit on the ground that they are clerical em- ployees. The Company and Independent urged their inclusion in the unit. It is undisputed that these two employees are engaged in clerical work. We shall exclude Hart and Webre from the unit. P. J. Soland.-The Independent urges that this employee, be excluded from the unit on the ground that he is a supervisory employee. The International and the Company contend that he should be included in the unit. Soland is classified by the Company as an electrician and the superintendent testified that Soland has no authority over any other employees. This employee was discussed in the previous Decision and found not to be a supervisory employee. We shall include him in the unit. We find that all warehouse and shop employees at the New Orleans shop and warehouse of the Company, including the truck mechanic and truck drivers, but excluding superintendents, assistant warehouse superintendents, foremen, head shippers, employees in the drawing room, the office janitor, shipping clerks, watchmen, and L. Simoneaux, constitute a unit appropriate for the purposes of collective bargaining and that such 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 an election by secret ballot. At the time of the hearing the Company employed about 25 persons classified by it as temporary employees. The International contends that these employees should be deemed eligible to vote and the Company and Independent con- tend that they should be deemed ineligible to vote. The superinten- dent testified that these employees were hired because of two specific contracts the Company had and that the Company planned to sever these employees from the pay roll around the latter part of July 1941. In accordance with our usual practice, we shall direct that those employees eligible to vote in the election shall be those in the appropriate unit whose names appear on the Company's pay roll for the period immediately preceding the Direction of Election herein, subject to such limitations and additions as are set forth in the Direc- tion hereinafter. Thus, if the temporary employees were employed during this period they will be eligible to vote. Upon the basis of the above findings of fact and upon the entire record in the case, the Board makes the following : 100 DECISIONS OF NATIONAL LABOR RELATIONS BOARD CONCLUSIONS OF LAW 1. A question affecting commerce has arisen concerning the repre- sentation of employees of Jones & Laughlin Steel Corporation, New Orleans, Louisiana, within the meaning of Section 9'(c) and Section 2 (6) and (7) of the National Labor Relations Act. 2. All warehouse and shop employees at the New Orleans shop and -warehouse of the Company, including the truck mechanic and truck drivers, but excluding superintendents, assistant warehouse superin- tendents, foremen, head shippers, employees in the drawing room, the office janitor, shipping clerks, watchmen, and L. Simoneaux, constitute a unit appropriate for the purpose of collective bargaining, within the meaning of Section 9 (b) of the National Labor Relations 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, 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 DIRECTED that, as part of the investigation authorized by the Board to ascertain representatives for the purpose of collective bargaining with Jones & Laughlin Steel Corporation, New Orleans, Louisiana, 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, under the direction and supervision of the Regional Director 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 warehouse and shop employees at the New Orleans shop and warehouse of the Company who were employed during the pay-roll period immediately preceding the date of this Direction, including the truck mechanic, truck drivers, and employees who did not work during such pay-roll period because they were ill or on vacation or in the active military service or train- ing of the United States, or temporarily laid off, but excluding super- intendents, assistant warehouse superintendents, foremen, head shippers, employees in the drawing room, the office janitor, shipping clerks, watchmen, L. Simoneaux, and employees who have since quit or been discharged for cause, to determine whether they desire to be represented by International Association of Bridge, Structural and Ornamental Iron Workers, affiliated with the American Federa- tion of Labor, or by Independent Employees Mutual Association, for the purposes of collective bargaining, or by neither.