Truscon Steel Co.

In the Matter of TRUSCON STEEL COMPANY and LOCAL' 487, INTER- NATIONAL ASSOCIATION OF BRIDGE, STRUCTURAL AND ORNAMENTAL -IRON WORKERS (AFL) In the Matter of TRUSCON STEEL COMPANY and NEW DEAL LODGE 404, INTERNATIONAL ASSOCIATION OF MACHINISTS (AFL) Cases Nos. R-2561 and R-2565 SUPPLEMENTAL DECISION DIRECTION OF RUN-OFF ELECTION AND CERTIFICATION OF REPRESENTATIVES August 18, 1941 On June 30, 1941, the National Labor Relations Board, herein called the Board, issued a Decision and Direction of Elections in the above-entitled proceeding.' Pursuant to the Direction of Elections, elections by secret ballot were conducted on July 22, 1941, under the direction and supervision of the Regional Director for the Eighth Region (Cleveland, Ohio). On July 28, 1941, the Regional Director, acting pursuant to Article III, Section 9, of the National Labor Rela- tions Board Rules and Regulations-Series 2, as amended, issued and duly served upon the parties his Election Reports on the balloting. No objection to the conduct of the ballots or the Election Reports have been filed by any of the parties. As to the balloting and its results, the Regional Director reported as follows : Production Employees Total on eligibility list----------------------------------- 1, 487 Total ballots cast----------------------------------------- 1,400 Total ballots challenged ----------------------------------- 16 Total blank ballots--------------------------------------- 1 Total void ballots ---------------------------------------- 6 Total valid votes cast -------------------------------------- 1,377 Votes cast for Steel Workers Organizing Committee (C. I. O.)---------------------------------------------- 640 Votes cast for Local 487, International Association of Bridge, Structural and Ornamental Iron Workers (AFL) -------- 678 Votes cast for neither------------------------------------- 59 133N L.R B.61. 34 N. L. R B., No. 64. 432 TRTJSOON STEEL COMPANY 433 Machine-shop Employees Total on eligibility list------------------------------------ 95 Total ballots cast----------------------------------------- 94 Total ballots challenged ----------------------------------- 0 Total blank ballots- -------------------------------------- 0 Total void ballots---------------------------------------- 0 Total valid votes cast------------------------------------- 94 Votes cast for Steel Workers Organizing Committee (C. I. O.)---------------------------------------------- *19 Votes cast for New Deal Lodge 404, International Association of Machinists (A. F. L.) -------------------------------- 75 Votes cast for neither------------------------------------- 0 Since the number of challenged ballots cannot affect the result of the elections, we find it unnecessary to pass upon the challenges. On July 31, 1941, International Association of Bridge, Structural and Ornamental Iron Workers, affiliated with the American Federa- tion of Labor, filed a request for a run-off election to be held by the Board. Although neither of the competing labor organizations in the election among the production employees of Truscon Steel Com- pany, Youngstown, Ohio, received a majority of the votes cast, the results of the election show that a majority of the employees in ques- tion desire to bargain collectively with the Company. Accordingly we shall direct a run-off election in which such employees will be given an opportunity to decide whether they desire to be represented_ by Local 487, International Association of Bridge, Structural and Ornamental Iron Workers, affiliated with the American Federation of Labor, or by Steel Workers Organizing Committee, affiliated with the Congress of Industrial Organizations, for the purposes of collec- tive bargaining. In the Decision and Direction of Elections previously referred to the Board made no final determination as to the appropriate unit. The Board there stated : If the employees voting in the two elections select the same representative, they will constitute a single appropriate unit. If they choose different representatives, they will constitute two separate and distinct appropriate units. Upon the basis of the entire record in the case, the Board makes the following : SUPPLEMENTAL FINDINGS OF FACT We find that all production employees of Truscon Steel Company, Youngstown, Ohio, including carpenters and electricians not working under the supervision of the master mechanics, but excluding ma- 434 DECISIONS OF NATIONAL LABOR RELATIONS BOARD chinists, machinist helpers, inspectors, millwrights, and related em- ployees in the mechanical department, constitute a unit appropriate for the purposes of collective bargaining. We find that all machine-shop employees of Truscon Steel Com- pany, Youngstown, Ohio, including machinists, machinist helpers, machinist apprentices, millwrights, pipe fitters, heat treaters, black- smiths, blacksmith helpers, grinders in the machine shop, drill-press operators who work under the master mechanics, diemakers, die re- pairmen, toolroom employees, and boilerhouse employees, but exclud- ing employees in the above-mentioned unit, constitute a separate unit appropriate for the purposes of collective bargaining. We further find that said units 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. Upon the basis of the above findings of fact and upon the entire record in the case, the Board makes the following: SUPPLEMENTAL CONCLUSIONS OF LAW 1. All production employees of Truscon Steel Company, Youngs- town, Ohio, including carpenters and electricians not working under the supervision of the master mechanics, but excluding machinists, machinist helpers, inspectors, millwrights, and related employees in the mechanical department, constitute a unit appropriate for the purposes of collective bargaining, within the meaning of Section 9 (b) of the Act. 2. All machine-shop employees of Truscon Steel Company, Youngs- town, Ohio, including machinists, machinist helpers, machinist ap- prentices, millwrights,, pipe fitters, heat treaters, blacksmiths, black- smith helpers, grinders in the machine shop, drill-press. operators who work under the master mechanics, diemakers, die repairmen, toolroom employees, and boilerhouse employees, but excluding em- ployees in the unit mentioned above in paragraph 1, constitute a separate unit appropriate for the purposes of collective bargaining, within the meaning of Section 9 (b) of the Act. DIRECTION OF RUN-OFF ELECTION By virtue of and pursuant to the power vested in the National Labor Relations Board by Section 9 (c) of the National Labor Re- lations Act, 49 Stat. 449, and pursuant to Article III, Sections 8 and 9, of National Labor Relations Board Rules and Regulations-Series 21• as amended, IT IS HEREBY DIRECTED that, as part of the investigation authorized by the Board to determine representatives for the purposes of col- lective bargaining with Truscon Steel Company, Youngstown, Ohio, TRUSCON STEE'L COMPANY 435 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 Run-Off Election, under the direction and supervision of the Regional Director for the Eighth Region, acting in this matter as ageht for the National Labor Relations Board and subject to Article III, Section 9, of said Rules and Regulations, among the production employees of Truscon Steel Company, Youngstown, Ohio, described in the Direction of Election issued June 30, 1941, but excluding those who have since quit or been discharged for cause, to determine whether they desire to be represented by Local 487, International Association of Bridge, Structural and Ornamental Iron Workers, affiliated with the American Federation of Labor, or by Steel Workers Organizing Committee, affiliated with the Congress of Industrial Organizations, for the purposes of collective bargaining. 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 Re- lations 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 New Deal Lodge 404, International Association of Machinists, affiliated with the American Federation of Labor, has been designated and selected by a majority of all ma- chine-shop employees of Truscon Steel Company, Youngstown, Ohio, including machinists, machinist helpers, machinist apprentices, mill- wrights, pipe fitters, heat treaters, blacksmiths, blacksmith helpers, grinders in the machine shop, drill-press operators who work under the master mechanics, welders in the machine shop, carpenters and electricians who work under the master mechanics, diemakers, die re- pairmen, toolroom employees, and boilerhouse employees, but, exclud- ing production employees and carpenters and electricians not working under the supervision of the master mechanics, as their representative for the purposes of collective bargaining, and that pursuant to the pro- visions of Section 9 (a) of the National Labor Relations Act, New Deal Lodge 404, International Association of Machinists, affiliated with the American Eederation of Labor, is the exclusive representa- tive of all such employees for the purposes of collective bargaining with respect to rates of pay, wages, hours of employment, and other conditions of employment. MR. EDWIN S. SMITH took no part in the consideration of the above Supplemental Decision, Direction of Run-Off Election and Certifi- cation of Representatives.