Carnegie-Illinois Steel Corp.

In the Matter of CARNEGIE-ILLINOIS STEEL CORPORATION and NATIONAL ORGANIZATION, MASTERS, MATES & PILOTS, HARBOR 25 In the Matter of CARNEGIE-ILLINOIS STEEL CORPORATION and NATIONAL MARINE ENGINEERS BENEFICIAL ASSOCIATION, AFFILIATED WITH C. Cases Nos. R-3342 and R-311,3.Decided November 08, 1941 Jurisdiction : inland water transportation industry. Investigation and Certification of Representatives : existence of question; re- fusal to recognize or bargain with the petitioners until they have been certified by the Board ; election necessary. Units Appropriate for Collective Bargaining : all licensed engineers performing the work of engineers on river boats owned and operated by the Company, including chief' engineers, second engineers, and 'spare engineers, agreement as to ; held, that all licensed deck officers employed by the Company on its inland boats, including masters, mates, and pilots, constitute an appropriate unit notwithstanding the contention of the Company that they are supervisory employees and should each constitute a separate unit; mates included not- withstanding the fact that they were covered by a former contract together with unlicensed personnel in view of the fact that they are now required by law to be licensed. Mr. L. L. Lewis and Mr. John Foringer, of Pittsburgh, Pa., for the Company. Mr. ,Teno Fritz, of Pittsburgh, Pa., for the M. M. P. Mr. R. E. Goforth, of Pittsburgh, Pa., for the M. E. B. A. Mr. H. C. Meade, of Pittsburgh, Pa., for the N. M. U. Mr. Ralph S. Clifford, of counsel to the Board. DECISION AND DIRECTION OF ELECTIONS STATEMENT OF THE CASE On August 18, 1941, and on September 3, 1941, the National Organ- ization, Masters, Mates & Pilots of America, Harbor 25, affiliated with the A. F. of L., herein called the M. M. P., and National Marine Engineers Beneficial Association, affiliated with-the-C. I.-O., herein called the M. E. B. A., filed their "respective petitions with-the--Re- 37 N. L R. B, No 5. 19 20 DECISIONS OF NATIONAL LABOR RELATIONS BOARD gional Director for the Sixth Region (Pittsburgh, Pennsylvania) each alleging that a question affecting commerce had arisen concern- ing the representation of employees of Carnegie-Illinois Steel Cor- poration, Pittsburgh, Pennsylvania, herein called the Company, and requesting an investigation and certification of representatives pur- suant 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, or- dered an investigation and authorized the Regional Director to con- duct it and to provide for an appropriate hearing upon due notice. On November 3, 1941, the Regional Director issued a notice of hearing, copies of which were duly served upon the Company, the M. M. P. and the M. E. B. A., and National Maritime Union of America, Inland Boatmen's Division, herein called the N. M. U., a labor organization having a contract covering employees directly affected by the investigation. Pursuant to notice, a hearing was held on November 3, 1941,1 at Pittsburgh, Pennsylvania, before Henry Shore, the Trial Examiner, duly designated by the Chief Trial Ex- aminer. The Company, the Al. M. P., the M. E. B. A., and the N. M. U. were represented and all 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 several rulings on motions and on 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. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY Carnegie-Illinois Steel Corporation, a wholly owned subsidiary of United States Steel Corporation, is a Delaware corporation engaged in the business of manufacturing steel and steel products, and has its principal offices in Pittsburgh, Pennsylvania. In connection with its Clairton works, the Company maintains a River Transportation De- partment, which is engaged in operating 12 company-owned boats along the Allegheny, Monongahela, and Ohio Rivers. 1 The record indicates that the parties received copies of the notice of hearing on the day of the hearing, November 3, 1941 , but that all parties waived "the usual notice of heal ing " CARNEGIE -ILLINOIS STEEL CORPORATION 21 The Company and the Board stipulated as follows with regard to the operations of the River Transportation Division : During the calendar year 1940, approximately 14,500,000 net tons of coal, coke, acid, steel scrap, flue dust, pig iron, and other commodi- ties were hauled by, the .River Transportation Department. Approxi- mately 1,700,000 net tons of such tonnage were shipped from points outside the Commonwealth of Pennsylvania to points in other States and approximately 400,000 net tons of such tonnage were shipped from points outside the Commonwealth of Pennsylvania to points within the Commonwealth of Pennsylvania. The above figures are proportionately the same for the first 10 months of 1941. The Company admits that it is engaged in commerce within the meaning of the Act. We find that the Company is engaged in trade, traffic, transporta- tion, and commerce among the several States, and that the licensed dock officers and the licensed engineers employed on its boats are directly engaged in such trade, traffic, transportation, and commerce. II. THE LABOR ORGANIZATIONS INVOLVED National Organization, Masters, Mates &. Pilots of America, Harbor 25, is a labor organization affiliated with the American Federation of Labor, admitting to membership employees of the Company. National Marine Engineers Beneficial Association and National Maritime Union of America, Inland Boatmen's Division, both affiliated with the Congress of Industrial Organizations, are labor organizations admitting to membership employees of the Company. III. THE QUESTIONS CONCERNING REPRESENTATION At the hearing the parties stipulated that the Company refuses to recognize the M. M. P. and the M. E. B. A..as representatives of employees in the units they allege to be appropriate until they have been certified by the Board.2 2 The record discloses that the Company and the N D[ U entered into a contract covering the unlicensed personnel, including mates, on June 25, 1941 On September 1, 1941, pursuant to notice by the Bureau of 1[arine Inspection and Navigation, a ruling became effective by which mates on inland waters were renuued to be licensed On Sep- tember 19, 1941, the AI --NI P and the N JI U entered into a stipulation by which the N All U waived and dreclarmed its right, under the said contract, to represent the mates Neither the Company nor the N At U contends that this contract constitutes a bar to a determination of representatn es among the employees of the Company in the units sought by the ii M P and the DI E. B A - 433257-42--von. 37-3 22 DECISIONS OF NATIONAL LABOR RELATIONS -BOARD The record discloses that the Al. E. B. A. and the M. Al. P. represent a substantial number of the Company's employees, in the units herein- after found appropriate.' We find that questions have arisen concerning the representation of employees of the Company and that such questions tend to lead to labor disputes burdening and obstructing commerce and the free flow of commerce. IV. THE APPROPRIATE UNIT At the hearing the Company and the M. E. B. A. stipulated, and we find, that all licensed engineers on river boats owned and operated by the Company,-including chief engineers, second engineers, and spare engineers, 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 will effectuate the policies of the Act.' The M. M. P. contends that the masters, mates, and pilots employed on the Company's inland boats should be included in a single unit,-" while the Company contends that the masters, mates and pilots con- stitute three separate units. The Company's claim for three separate units is based on the contention that the master is a supervisor as to the deck crew, including the pilot and mate, and that the pilot,, in the absence of the master, is a supervisor as to the mate and the deck crew, while the mate is the supervisor of the deck crew. The record indicates,that there has been no history of collective bargaining between the Company and the licensed deck officers includ- ing masters, mates, and pilots, except that the mates were covered by the June 25, 1941, N. M. U. contract, heretofore mentioned, together with other unlicensed personnel, as the mates were not then required to be licensed. However, the Trial Examiner reported that the author- ization cards submitted by the M. M. P. indicate that the M. M. P. now represents 9 of the 12 masters, 19 of the 21 pilots, and 17 of the 23 mates employed by the Company as of November 1, 1941. 3 The M E B A submitted 29 cards to the Trial Examiner, all bearing apparently genuine signatures of engineers employed by the Company, 11 of which were dated between July 14, 1941, and September 11, 1941, and 18 of which were undated There are 37 engineers listed on the Company's pay roll of November 1, 1941. The _ii 11 P submitted 49 cat (Is, dated between April 2 and October 29, 1941, all bearing apparentli genuine signatures, 43 of which beat the signatures of poisons listed on the Company's pay roll of November 1, 1941. There ate 56 masters , mates, and pilots listed on the November 1, 1941, pay roll 4 The record discloses that the unit, as set out above, does not include employees sought to be represented by any other labor organization or employees coveied by any baigauung contract The unit sought by the Al M P does not include employees sought to be represented by any other labor organrz.ttion involved in this proceeding See footnote 2, septa CARNEGIE-ILLINOIS STEEL CORPORATION 23 We have heretofore held that licensed deck officers may constitute an appropriate unit. On ocean-going vessels, licensed deck officers have included masters, pilots, and mates, and the M. M. P., a well- recognized Union long active in this field, has traditionally repre- sented licensed mates together with licensed masters and pilots.e Al- though the mates on the Company boats were not required to be licensed' until September 1, 1941, no reason appears why they should not.now_be included in a unit with the other licensed deck officers, in view of the fact that they are now required by law to be licensed. - We find that all licensed deck officers employed by the Company on its inland boats, including masters, mates, and pilots, 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 will effectuate the policies of the Act. V. THE DETERMINATION OF REPRESENTATIVES We find that the, questions concerning representation which have arisen can best be resolved by elections by secret ballot. We further find that those eligible to vote shall be the employees in the appropriate units who were employed during the pay-roll period last preceding the date of this Direction of Elections, subject to the limitations and additions set forth in our 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. Questions affecting commerce have arisen concerning the repre- sentation of employees of Carnegie-Illinois Steel Corporation, Pitts-' burgh, Pennsylvania, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National.Labor Relations Act. 2. All licensed engineer's performing the work of engineers on river boats owned and operated by the Company, including chief engineers, second engineers, and spare engineers, constitute a unit. appropriate for the purposes -of collective bargaining within the meaning of Section 9 (b)- of the National Labor Relations Act. a Matter of Intel national Me, cantile Marine Company, et al. and Inteinatsonal Union of Operating I,'nyineers, Local No 3, 1 N L R B 384; Matter of Lykes Brothers Steam- ship Company, Inc, it at and National Marine Engineers Beneficial Association, et al 2 N. L. R B 102, Matter of Black Diamond Steamship Corporation and Mafsne Enq veers Beneficial Association, Local No 33, 2 N L R B 241; Matter of Tidewater Associated Oil Company and United Licensed Ofceis of the U. S A etc 9 N. L R B 823, Matter of Cities Service Oil Company and United Licensed Officers or the U S A 10 N L R B 954, Matter of The Texas Company and Texas Tankers Officers Association, 23 N L R B No 110 , Matter of United States Lines Company and National Organization of Masters, Mates & Pilots, etc 28 N L R B, No 135 24 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 3. All licensed deck officers employed by the Company on its inland boats, including masters, mates, and pilots, constitute a unit appro- priate for the purposes of collective bargaining within the meaning of Section 9 (b) of the National Labor Relations Act. DIRECTION OF ELECTIONS 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 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 Carnegie-Illinois Steel Corporation, Pittsburgh, Pennsylvania, elections by secret ballot shall be conducted as soon as possible but not later than thirty (30) days from the date of this Direction of Elec- tions under the direction and supervision of the Regional Director for the Sixth 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 the employees of Carnegie-Illinois Steel Corporation, within the two groups described below, who were em- ployed on inland boats operated by Carnegie-Illinois Steel Corpora- tion, during the pay-roll period last preceding the date of this Direc- tion of Elections, including those who did not work during such 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 those who have since quit or been discharged for cause : (a) all licensed engineers performing the work of engineers on river boats owned and operated by the Company, including chief engineers, second engineers, and spare engineers, to determine whether or not they desire to be represented for the purposes of collective.bargaining by National Marine Engineers Beneficial Association, affiliated with the Congress of Industrial Organizations; (b) all licensed deck officers employed by the Company on its inland boats, including masters, mates, and pilots, to determine whether or not they desire to be represented for the purposes of collective bargain- ing by National Organization, Masters, Mates & Pilots of America, Harbor 25, affiliated with the American Federation of Labor.