Jones & Laughlin Steel Corp.

In the Matter Of JONES & LAUGHLIN STEEL CORPORATION and NATIONAL ORGANIZATION MASTERS, MATES & PILOTS OF AMERICA, LOCAL No. 25, AFFILIATED WITH THE AMERICAN FEDERATION OF LABOR In the Matter of JONES & LAUGHLIN STEEL CORPORATION and NATIONAL MARINE ENGINEERS BENEFICIAL ASSOCIATION, AFFILIATED WITH THE CONGRESS OF INDUSTRIAL ORGANIZATIONS In the Matter of JONES & LAUGHLIN STEEL CORPORATION and NATIONAL MARITIME UNION, AFFILIATED WITH THE CONGRESS OF INDUSTRIAL ORGANIZATIONS Cases Nos. R-3246 to R-3248, inclusive. Decided December 6, 1941 Jurisdiction : water transportation industry. Investigation and Certification of Representatives : existence of question: Coin- pany refused to accord unions recognition without certification by the Board ; elections necessary. Units Appropriate for Collective Bargaining : (1) masters, licensed mates, and pilots on river boats; mates are included in the unit notwithstanding their prior inclusion by the Board in a unit comprising unlicensed personnel, in view of a showing of a material change in circumstances; ( 2) licensed marine engineers ; and (3 ) unlicensed personnel. Mr. W. L. Copeland and Mr. H. Johnson, of Pittsburgh, Pa., for the Company. Mr. Zeno Fritz and Mr. W. H. Griffith, of Pittsburgh, Pa., for the M. M. P. Mr. William L. Standard, by Mr. Edward J. Malament, of New York City, for the N. M. U. and the M. E. B. A. 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. Wm. F. Scharnilcow, of counsel to the Board. DECISION AND DIRECTION OF ELECTIONS STATEMENT OF THE CASE On August 13, 1941, National Organization Masters, Mates & Pilots of America, Local No. 25, affiliated with the American Federation of 37 N. L. R. B., No. 60. 366 JON-ES & IJAUGHLIN SIPEEL CORPORATION 367 Labor; herein called the M. M. P.; on August 25, 1941, the National Marine Engineers Beneficial Association, affiliated with the Congress of Industrial Organizations, herein called the M. E. B. A.; and on September 22, 1941, the National Maritime Union,, affiliated with the Congress of Industrial Organizations, herein called the N. M. U., filed with the Regional Director for the Sixth Region (Pittsburgh, Pennsylvania) ,petitions, each alleging, that a question affecting com- merce had arisen concerning the representation of employees of Jones & Laughlin Steel Corporation, Pittsburgh, Pennsylvania, herein called the Company, and requesting an investigation and certification of representatives pursuant to Section 9 (c) of the Na- tional Labor Relations Act, 49 Stat. 449, herein called the Act. ` On October 16, 1941, the National Labor Relations Board, herein called the Board, acting pursuant to Section 9 (c) of the Act and Article III, Section 3, and Section 10 (c) (2), Of the National Labor Relations Board Rules and Regulations-Series 2, as amended, ordered an investigation and authorized the Regional Director to con- duct it and to provide for an appropriate hearing upon due notice, and further ordered that the cases be consolidated. On October 21, 1941, the Regional Director issued a notice of hear- ing. Copies of said notice together• with copies of the petitions, were duly served upon the,Company, the M. M. P., the M. E. B. A., and the N. M. U. Pursuant to the notice, a hearing was held on October 31, 1941, at Pittsburgh, Pennsylvania, before W. G. Stuart Sherman, the Trial Examiner duly designated by the Chief Trial Examiner. The Company, the M. M. P., the M. E. B. A., and the N. M. U. were represented by counsel and participated in the hearing. Full opportunity to be heard, to examine and cross-examine wit- nesses, and to introduce evidence bearing on the issues was afforded all parties. During the course of the hearing the Trial Examiner made certain rulings on motions and on objections to the admission of evidence. The Board has reviewed the rulings of the Trial Ex- aminer and finds that no prejudicial errors were committed. The rulings are hereby affirmed. After, the hearing, the Company filed a Statement of Position with .the Board'-which it has considered. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Jones & Laughlin Steel Corporation is a Pennsylvania corpora- tion engaged in the manufacture and sale of iron and steel products, 368 DECISIONS OF NATIONAL LABOR RELATIONS BOARD with plants in Pittsburgh and Aliquippa, Pennsylvania. By cor- porate merger on July 26, 1941, the Company acquired the assets of Vesta Coal Company, its wholly owned subsidiary, including nine self-propelled towboats and one motor vessel. It now operates these boats, solely on its own account, to haul coal by river from its Penn- sylvania mines or Pittsburgh- pools to its plants at Pittsburgh and Aliquippa, and also to haul its products down river to points outside Pennsylvania along the Ohio and Mississippi Rivers. Between July 26, 1941, and October 15, 1941, the coal so hauled amounted to 1,268,000 tons and the Company products so transported, to, 32,000 tons. The employees concerned in the present proceedings are the approximately 230 persons employed on these boats. The Company stipulates that it is subject to the jurisdiction of the Board for the purpose of the hearing. II. THE ORGANIZATIONS INVOLVED National Organization Masters, Mates & Pilots of 'America, Local No. 25, is a labor organization affiliated with the American Federation of Labor, admitting to membership employees of the Company' National Marine EngineBrs Beneficial Association, is a labor or- ganization affiliated with the Congress of Industrial Organizations, admitting to membership employees of the Company. National Maritime, Union, is a labor organization affiliated withthe Congress of Industrial Organizations, admitting to membership em- ployees of the Company. III. THE QUESTIONS CONCERNING REPRESENTATION The M. M. P., the'M. E. B. A., and the N. M. U. requested recog- nition by the Company as the respective bargaining representatives of mutually exclusive groups of the Company's employees. The Company has refused to recognize or bargain with any of them with- out certification by the Board, and 'disputes in several particulars the appropriateness of the units sought. Statements prepared by the Regional Director 'and introduced in evidence show that the M. M. P., the M. E. B. A., and the N. M. U. I The Company contended that the petitioning Local, No 25 , of the M. M. P. is not a labor, but purely a social, organization . However, since 1892 the Local has held a charter from the National Organization Masters, Mates & Pilots of America ( then the American Association of Masters , Mates & Pilots ), affiliated with the American Federa- tion of Labor, which, through its locals , holds approximately 240 labor agreements with various employers . From the start the Local has negotiated for its members , tried to improve their working conditions, and taken part in several strikes . It has requested recognition as bargaining agent by the Company and other companies , and has negotiated a contract with the wheeling Steel cCorporation. JOKES & IIAUGHLIN. SIPEEL,'OORPORATION 369 each represents a substantial number of the Company's employees in the unit requested by it and hereinafter found to be appropriate.2 We find that questions have arisen concerning the representation of the employees of the Company. IV. THE EFFECT OF THE QUESTIONS CONCERNING REPRESENTATION UPON COMMERCE We find that the questions concerning representation which have arisen, occurring in connection with the operations of the Company described in Section I, above, have a close, intimate, and substantial relation to trade, traffic, and commerce among the several States and tend- toAeada tb labor, disputes burdening 'and obstructing commerce and the free flow of commerce. V. THE APPROPRIATE UNITS The M. M. P., the M. E. B. A., and the N. M. U. claim that there are three mutually exclusive groups of employees of the Company, each constituting an appropriate unit. The M. M. P. requests a unit of approximately 35 employees, comprising all masters, licensed mates, and pilots; the M. E. B. A. claims that the licensed marine engineers, approximately 23 in number, constitute an appropriate unit; and the N. M. U. requests a unit of approximately 172 employees, com- prising watchrneii; deck hands, boiler deck hands, firemen, strikers, cook house or galley employees, stewardesses, chambermaids, coal passers, and all other categories of unlicensed personnel employed by the Company on river boats, excluding captains, pilots, mates, and cngineers.3 The Company objects to the inclusion of masters and mates in the unit requested by the M. M. P. and to the exclusion of mates from the unit requested by the N. M. U. Otherwise, there is no dispute as to the composition of the various units proposed by the petitioning unions. - 2 The M M . P. submitted 27 authorization cards, all with apparently genuine signa- tures, 20 of which were the names of persons appearing on the Company' s pay roll of 35 employees in the appropriate unit of licensed deck officers as of October 15, 1941. The cards range in date from April to October 1941. The M. E B. A submitted 12 applications for membership and 1 authorization card, all with apparently genuine signatures, 11 of which were the names of persons appear- ing on the Company's pay roll of 23 employees in the appropriate unit of engineers as of October 15, 1941. The authorization card was a post card postmarked September 9, 1941. The application cards were dated, one each in 1913, 1928, 1929, October 1933, March 1933, 1935 , 1939, October 1940, April 1940, August 1941, February 1941, and January 1941. They N. M. U submitted 107 application cards , all with apparently genuine signatures, 86 of which were the names of persons appearing on the Company's pay roll of 172 employees in the appropriate unit of unlicensed personnel as of October 15, 1941. The dates of the cards range from November 1939 to October 1941, and 27 were undated. a The N M U., at the hearing, amended its petition to exclude mates from the unit claimed by it to be appropriate. 370 DECISIONS OF NATIONAL LABOR RELATIONS BOARD A. Masters A licensed master or captain is in charge of each boat, its operation,. and its personnel. A mate is second in command, hooks up the tow, works the men on deck, and steers a watch. The pilot also steers a watch. - Except while "down river," the crew is hired by the office and the master may merely recommend hiring or firing. When the boat is- "down river," only two of the boats ever being so engaged, the master has a right to hire men to fill vaciincies and to "evict- (undesirable employees) from the tow." The master makes up the pay-roll list and distributes the individual salary checks drawn by the office and sent to him. He has a drawing account of $800 for emergencies. The Company contends that the- masters should be' excluded from the unit requested by the M. M. P. because they are supervisory employees and representatives of management. Under the circum- stances of this case, however, such exclusion is not warranted, for the unit of licensed deck officers sought by the M. M. P. is composed entirely of supervisory employees with comparable skills, qualifica- tions, duties, authority, responsibilities and interests.' We shall, therefore, include masters in the unit requested by the M. M. P. B. Mates The Company objects to the exclusion of mates from the unit now requested by the N. M. U. because on October 8, 1940, in a prior pro- ceeding, the Board included them in the unit on the petition of N. M. U., and the N. M. U. lost the subsequent election held from November 8 to 11, 1940.6 There being no competing union, no representative was certified. The Company contends that the Board's earlier determina- tion of unit, within a year prior to the filing of the present petition and the hearing herein, still controls and that the present petition was filed in bad faith. The N. M. U. explains its change of position. by pointing out that it admits only unlicensed personnel to membership and that, since September 30, 1941, mates on all boats in excess of 200 4In Matter of Seas Shipping Company and National Organization Masters, Mates d Pilots of America, 8 N L. R B 422, and Matter of New York it Cuba Mail Steamship Company and National Organization Masters, Mates it Pilots of America, 9 N L R B 51, 53, we refused to exclude masters from units otherwise composed of mates and pilots, although the only unions involved and the companies therein had so stipulated See also Matter of Standard Oil Company of New Jersey and United'Licensed Officers of the U. S. A, 8 N L. R. B 936, 940; and Matter of Tide Water Associated Oil Company and United Licensed Officers of the U S A , 9 N I. R L' 823, 827 In none of the decisions cited by the Company herein, did we exclude a supervisol y class from a unit otherwise composed only of employees of the same general type 5Matter of The Vesta Coal Company and National Maiitime Union, Inland Boatmen's Division, affiliated with the C. I. 0., 27 N. L R B, No 131 , 28 N I. R B., No 138. i JONEIS & LAUGHLIN STEEL CORPORATION, 371 tons must be licensed. Only two of the Company's boats are of less than 200 tons. We have held that a prior determination of unit is not necessarily controlling,s and that, upon the showing of a material change in cir- cumstances, we will depart from our earlier determination.? The re- cent requirement that mates be licensed and the filing of the present petition of the M. M. P. to include mates in a unit with other licensed deck officers substantially alter the situation previously presented to us. Upon these considerations,8 we believe it proper to consider anew the entire question of the limits of the appropriate unit. The Company further objects to the inclusion of licensed mates in the unit requested by the M. M. P. because it contends that they are not eligible to membership in the petitioning Local of the M. M. P. The Constitution and By-Laws of the National Organization Masters,, Mates & Pilots, and the Constitution and By-Laws` of 'its chartered Local, as amended in 1940, expressly admit mates to membership. In practice, the petitioning Local of the M. M. P. has always solicited mates and included them in its membership. In any event, the Local undertakes representation of the mates, and eligibility for member- ship in the union seeking recognition is not prerequisite to inclusion in the unit." For the same reasons stated in connection with, our deter- mination to include masters, we shall also include licensed mates in- the unit requested by the M. M. P. We find that all masters, licensed mates, and pilots employed by- the Company constitute a unit appropriate for the purposes of collec- tive bargaining; that all licensed marine engineers so employed con- stitute a second unit appropriate for the purposes of collective bar-- gaining; that watchmen, deck hands, boiler deck hands, ,firemen,. strikers, cook house or galley employees, stewardesses, chambermaids,, coal passers, and all other categories of unlicensed personnel employed by the Company on river boats, excluding captains, pilots, mates, and' 9 Matter of Pacific Greyhound Lines and Amalgamated Association of Street, Electric Railway and Motor Coach Employes of America, 9 N L R B 557, 573-574 'Matter of International Nickel Co , Inc and Square Deal Lodge No. 4 0 Amalgamated Association of Iron, Steel and Tin Workers of North America , Through Steel Workers- Organizing Committee, 7 N. L R B 46, Matter of Hoffman Beverage Co. and Interna- tional Brotherhood of Firemen and Oilers, Local #55 , 8 N. L. R. B . 1367 ; Matter of Wilson, and Co , Inc. and International Brotherhood of Teamsters , Chauffeurs and Stablemen, and Helpers of America, Local #202, affiliated with the A. F. of L, 25 N. L R B , No 103. 8In the cases cited by the Company, the prior election resulted in the certification of a competing union as the representative of the employees in the unit found appropriate. Matter of Coin'bustion Company , Inc and Steel Workers Organizing Committee, for and in behalf of Amalgamated Association of Iron, Steel and Tin Workers of North America, 5 N L R B . 344; 7 N L R B 123; Matter of Atlantic Basin Iron Works and Industrial Union of Marine and Shipbuilding Workers of America, Local No. 13, 5 N. L R B , 402 ; 6 N. L R B 441 Matter of New York Evening Journal, Inc and Newspaper Guild of New York, 10' N L R B 197 , 212-213; Matter of Sloss Sheffield Steel and lion Company and Brother- hood of Railroad Engineers, 14 N L R. B 186 , 192; Matter of Granite Finishing Company, and International Union of Operating Engineers, 27 N. L. R B., No. 168 '372 DECISIONS OF NATIONAL LABOR RELATIONS BOARD engineers, constitute a third unit appropriate for the purposes of col- lective bargaining; and 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. VI. THE DETERMINATION OF REPRESENTATIVES We find that the questions which have arisen concerning the repre- sentation of employees of the Company can best be resolved by sep- arate elections by secret ballot. In accordance with our usual prac- tice, we shall direct that the persons eligible to vote in the elections shall be the employees in each unit who worked for the Company dur- ing the"pay-roll period last- preceding the date of the Direction of Elections herein, subject to the limitations and additions 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. Questions affecting commerce have arisen concerning the repre- sentation of employees of Jones & Laughlin Steel Corporation, Pitts- burgh, Pensylvania, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 2. All -masters, licensed mates, and pilots employed by the Company constitute a unit appropriate for the purposes of collective bargaining, within the meaning of Section 9 (b) of the National Labor Relations Act. 3. All-licensed marine engineers employed by the Company con- stitute a unit appropriate for the purposes of collective bargaining, within the meaning of Section 9- (b) of the National Labor Relations Act. 4. All watchmen, deck hands, boiler deck hands, firemen, strikers. cook house or galley employees, stewardesses, chambermaids, coal passers; and all other categories of unlicensed personnel employed by the Company on river boats, excluding captains, pilots, mates, and engineers, constitute a unit appropriate 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, 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 JONES & LAUGHLIN &rE'EL CORPORATION 373 DIRECTED that, as part of the investigation authorized by the Board to ascertain representatives for the purposes of collective bargaining with Jones & Laughlin Steel Corporation , Pittsburgh, Pennsylvania, elections by secret ballot shall be conducted as early as possible, but not later than thirty (30) days from the date of this Direction of Elections 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. (a) among all masters, licensed mates , and pilots who worked for the Company during the pay-roll period next preceding the date of this Direction , including employees who did not work during such 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 those employees who have since quit or been dis- charged for cause, to determine whether or not they desire to be represented by National Organization Masters , Mates & Pilots of America, Local No. 25, affiliated with the American Federation of Labor, for the purposes of collective bargaining; (b) among all licensed marine engineers who worked for the Company during the pay-roll period next preceding the date of this Direction, including employees who did not work during such pay- roll period because they were ill or on vacation or in the active military service or training of the United Suites, or temporarily laid off, but excluding those employees who have since quit or been dis- charged for cause, to determine whether or not they, desire to be represented by National Marine Engineers Beneficial Association, affiliated with the Congress of Industrial Organizations, for the pur- poses of collective bargaining; and (c) among all watchmen; deck hands, boiler deck hands, firemen, strikers, cook house or galley employees , stewardesses , chambermaids, coal passers, and all other categories of unlicensed personnel em- ployed by the Company on river boats, who worked for the Company during the pay-roll period next preceding the date of this Direction, including employees who did not work during such pay-roll period Lecause they were ill or on vacation or in the active military service or training of the United States, or temporarily laid off, but exclud- ing captains , pilots, mates , and engineers and those employees who have since quit or been discharged for cause, to determine whether or not they desire to be represented by National Maritime Union, affili- ated with the Congress of Industrial Organizations , for the purposes of collective bargaining. 443257-42-i OL 37--25