American Bridge Co.

I In the Matter of AMERICAN BRIDGE COMPANY, TRENTON, NEW JERSEY, PLANT and INTERNATIONAL ASSOCIATION OF BRIDGE, STRIICTIIRAL, ORNAMENTAL IRON WORKERS, LOCAL No. 579, A. F. OF L. Case No. R-2812.=Decided August 23, 1941 Jurisdiction : structural steel manufacturing and erecting industry. Investigation and Certification of Representatives : existence of question: in view of conflicting claims of rival representatives Company refused to accord recognition to petitioner until it had been certified by the Board ; election necessary. Unit Appropriate for Collective Bargaining : single plant unit held appropriate notwithstanding request of the two intervening unions for a company-wide unit where neither intervening union had members in all the plants and although one intervenor had a company-wide members only contract, no company-wide system of collecting bargaining had developed. Mr. L. L. Lewis, of Pittsburgh, Pa., for the Company. Mr. Harold Stern,, of New York City, for the International. Mr. Joseph Kovner, of Washington, D. C., and Mr. Meyer Bern- stein, of Pittsburgh, Pa., for the S. W. O. C. Mr. Stephen J. Kanuch, of Gary, Ind., for the Council. Mr. Charles W. Schneider, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE On June 23, 1941, International Association of Bridge, Structural, Ornamental Iron Workers, Local No. 579, A. F. of L., herein called the International, filed a petition with the Regional Director for the Fourth Region (Philadelphia, Pennsylvania) alleging that a question affecting commerce had arisen concerning the representa- tion of employees of the Trenton, New Jersey, plant, of American Bridge Company, Trenton, New Jersey, herein called the Company, and requesting an investigation and certification of representatives pursuant to Section 9 (c) of they 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 34 N. L. R. B., No. 102. - 839 840 DECISIONS OF NATIONAL LABOR RELATIONS BOARD csnduct it and to provide for an appropriate hearing upon due notice. On July 11, 1941,,the Regional Director issued a notice of hearing, and on July 14, 1941, an order postponing the hearing, copies of which were duly served upon the Company, the International, and the following organizations claiming to represent employees directly affected by the investigation : Employees Bargaining Association, Allied Council Employees Bargaining Association, herein called the Council, and Steel Workers Organizing Committee, herein called the S. W. 0. C. Pursuant to notices, a hearing was held on July 28, 1941, at Trenton, New Jersey, before Theodore W. Kheel, the Trial Examiner duly designated by the Chief Trial Examiner. The Company, the International, the Council, and the S. W. O. C. were represented by counsel or duly authorized representatives 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. At the conclusion of the hearing the S. W. O. C. moved to dismiss the petition on the ground that the unit requested is inappropriate. The Trial Examiner reserved ruling and referred the motion to the Board. For reasons appearing here- inafter the motion is hereby denied. At the conclusion of the hear- ing both the International and the S. W. 'O. C. moved for certifi- cation on the basis of the record as collective bargaining agents within the units they respectively allege to be appropriate. The Trial Ex- aminer referred the motions to the Board. They are hereby denied. During the course of the hearing the Trial Examiner excluded cer- tain evidence offered by the International and the S. W. O. C. to show the nature of collective bargaining in the steel industry. The proffered evidence was placed in a rejected exhibit file and accom- panied the record. We shall admit the rejected exhibits in evidence and have considered them. During the course of the hearing the Trial Examiner made several rulings on other motions and on objec- tions to the admission of evidence. The Board has reviewed these rulings of the Trial Examiner and finds that no prejudicial errors were committed; except as noted above, they are hereby affirmed. The International 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 American Bridge Company is a New Jersey corporation whose voting stock is wholly owned by the United States Steel Corporation. AMERICAN BRIDGE COMPANY 841 The Company is engaged in the manufacture, erection, and sale of structural steel, barges, and towers. In connection with its busi- ness the Company owns and operates plants at the following cities : Elmira, New York; Trenton, New Jersey; Pittsburgh and Ambridge, Pennsylvania ; Gary, Indiana ; and Minneapolis, Minnesota. The general offices of the Company are located in Pittsburgh, Pennsyl- vania, and sales offices are maintained by the Company in the prin- cipal cities of the United States. The Company is licensed to do business in 48 States. Its total employment is approximately 10,010. The plant herein involved is that at Trenton, New Jersey, which is principally engaged in the fabrication and sale of structural steel and steel bargeg. The principal raw material used at the Trenton plant is steel, all of which is manufactured by other subsidiaries of the United States Steel Corporation. During the year 1940 the Trenton plant used approximately 27,518 tons of steel, all of which was received from points outside the State of New Jersey. During the same period the Company shipped from the Trenton plant ap- proximately 21,685 tons of finished materials, of which approximately 13,925 tons, or 64 percent, were shipped to points outside the State of New Jersey. Total employment at the Trenton plant is approxi- mately 626. II. THE ORGANIZATIONS INVOLVED International Association of Bridge, Structural, Ornamental Iron Workers, Local No. 579, is a labor organization affiliated with the American Federation of Labor, admitting to membership employees of the Company. Steel Workers Organizing Committee is a labor organization affili- ated with the Congress of Industrial Organizations, admitting to membership employees of the Company. The Allied Council Employees Bargaining Association is a labor organization, admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION On or about March 31, 1941, the International requested recogni- tion as exclusive bargaining agent for the employees at the Trenton plant. On or about June 16 the Company, in view of conflicting claims to representation, refused to recognize the International as exclusive representative at the Trenton plant until it had been certi- fied by the Board. Evidence adduced at the hearing establishes that the International; the Council, and S. W. O. C. each represents a substantial number 842 DECISIONS OF NATIONAL LABOR RELATIONS BOARD of the Company's employees in the unit claimed' by each to be ap- propriate? 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 All the unions agree that the appropriate unit should consist of production and maintenance employees, excluding foremen, assistant foremen or supervisors in charge of any class of labor, watchmen, guards, clerical and salaried employees. The controversy arises as to whether the appropriate unit consists of the Trenton employees alone, as the International contends, or of the employees in all six of the Company's plants together, as the S. W. 0. C. and the Council con- tend. The S. W. 0. C. and the Council have requested an election among the employees of the six plants as one unit. The Company agrees that the exclusions are proper, but takes no further position. Plant Eligible voters S. W. O. C. membership Council mem- bership Gary---- ----------------------------- 1,405 890------------------------------------ 600 Ambridge----------------------------- 3,137 2,890---------------------------------- 650 Minneapolis-------------------------- 82 66------------------------------------ None Pittsburgh---------------------------- 224 210------------------------------------ None Elmira-------------------------------- 663 No membership or local------- --------- 250 Trenton--- --------------------------- 493 10 (no local) --------------------------- 200 All the plants are engaged in the fabrication of structural steel, which is manufactured at other subsidiaries of United States Steel i A report of the Regional Director admitted into evidence at the hearing discloses that the International submitted 404 signed membership-authorization cards, of which 358 con- tain the names of persons on the Company 's pay roll, 197 being dated between April 5 and November 10, 1940; 160 between January 6 and June 15, 1941; 1 was undated. Representatives of the S. W. O. C. and the Council testified at the hearing as follows With regard to membership among employees of the Company : Only about 50 of the Council's members at Trenton are in good standing. Its representa- tive stated at the hearing that of those in arrears "quite a few" are also members of the International. AMERICAN BRIDGE COMPANY 843 Corporation. -The nature of the work is similar in each plant.' Personnel interchange is feasible, but is less than 3 per cent, and is confined to supervisory and technical employees and skilled me- chanics. All general labor policy relating to conditions of employ- ment and bargaining recognition is determined for each plant by the Pittsburgh office, and is apparently uniform throughout the system, although there are some wage differentials." Each plant manager reports to the Pittsburgh office. Trenton has its own pay- master and bank account and makes its own job evaluations on forms provided by Pittsburgh 4 There is no evidence of collective bargaining by the Company prior to April 23, 1937. On that date the S. W. O. C. secured a Company-wide contract for its members only, expiring on March 31, 1938, which was renewed for an indefinite period on April 1, 1938, and replaced by a similar agreement with no definite expiration date on April1,1941.5 The Council is composed of a group of independent labor organi- zations which represents employees at Trenton, Elmira, Gary, and Ambridge." Although the Council has no contract with the Company there is evidence that it has bargained with the Company.' The International (Local No. 579) was formed about October 1937 with jurisdiction over the city of Trenton and vicinity, but did not begin organizational work at the Company's Trenton plant until about December 1939 or January 1940. It first approached the Trenton management for recognition on March 31, 1941. An International Local (No. 621) at Elmira was recognized by the Company on August 29, 1940, for its members at the Elmira plant, but there is no evidence of an agreement, grievance negotiation, or other bargaining. It is apparent from the foregoing facts that none of the unions has organized or has members in all the plants of the Company here involved nor has collective bargaining on a Company-wide basis ever 3 With the exception that Ambridge and Trenton are the only plants that construct barges ; and Pittsburgh, the only one in which transmission towers are constructed. 8 The base rate at Trenton is 66 cents per hour ; at Ambridge and Gary, 72% cents. 4 It does not appear what the practice is at the other plants in this respect. The 1941 contract provided for a 10-cent per hour wage increase, liberalized vacation provisions, and some improvements in grievance procedure, with submission to an umpire as the final grievance stage. 5 The individual organizations are known as Employees Bargaining Associations. 7 The first of the Associations was formed at the Gary plant on May 10, 1937, and was recognized by the Company for its members at Gary on July 19, 1937, "in accordance with the practice established for other similar bargaining agencies " At about the same time a similar independent was formed at Ambridge, and in 1939 others at Elmira and Trenton, which have also been recognized for their members. On July 11, 1940 , the representatives of these individual organizations met and formed an Allied Council Employees Bargaining Association , which has been recognized by the Company. The Trenton Association made a request for a pay increase in January 1941, which was granted on April 1. The Council has also handled grievances for its members in Elmira and Trenton. 844 DECISIONS OF NATIONAL LABOR RELATIONS BOARD developed. Under the circumstances we are of the opinion that, at the present time, the Trenton plant constitutes an appropriate unit. We find that all production and maintenance employees at the Trenton, New Jersey, plant of the Company, excluding foremen, assistant foremen or supervisors in charge of any class of labor, watchmen, guards, clerical and salaried employees, 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. VI. THE DETERMINATION OF REPRESENTATIVES We find that the question concerning representation which has arisen can best be resolved by an election by secret ballot. The S. W. O. C. and the Council requested that they be placed on the ballot in the event of an election at Trenton alone. The requests are hereby granted. It was indicated at the hearing that the Council under the same circumstances desires to be designated on the ballot as Employees Bargaining Association. It is so ordered. We shall follow our usual practice and direct that the employees of the Company eligible to vote in the election shall be those in the appropri- ate unit employed during the pay-roll period immediately preceding the date of this Direction of Election, 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 the Trenton, New Jersey, plant of American Bridge Company within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act. 2. All production and maintenance employees at the Trenton, New Jersey, plant of the Company excluding foremen, assistant foremen or supervisors in charge of any class of labor, watchmen, guards, clerical and salaried employees, constitute 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, and pursuant to Article III, Section 8, of National AMERICAN BRIDGE COMPANY 845 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 purposes of collective bargaining with American Bridge Company, Trenton, New Jersey, 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 Election, under the direction and supervision of the Regional Director for the Fourth Region, acting in this matter as agent for the National Labor Relations Board, and subject to Article III, Section 9, of said Rules and Regulation, among all production and maintenance em- ployees at the Trenton, New Jersey, plant of the Company, who were employed during the pay-roll period immediately preceding the date of this Direction of Election, including employees who did not work during said 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 foremen, assistant foremen or supervisors in charge of any class of labor, watchmen, guards, clerical and salaried employees, and employees who have since quit or been discharged for cause, to determine whether they desire to be repre- sented for the purposes of collective bargaining by International Association of Bridge, Structural, Ornamental Iron Workers, Local No. 579, affiliated with the American Federation of Labor, or by Steel Workers Organizing Committee, affiliated with the Congress of Industrial Organizations, or by Employees Bargaining Association, or by none of these organizations. MR. EDWIN S. SMITH took no part - in the consideration of the above Decision and Direction of Election.