Great Lakes Steel Corp.

National Labor Relations Board - Board Decisions

Feb 27, 1945

60 N.L.R.B. 910 (N.L.R.B. 1945)

In the Matter of STRAN STEEL, DIVISION OF GREAT LAKES STEEL
CORPORATION and UNITED STEELWORKERS OF AMERICA, C. I. 0.
In the Matter Of STRAN STEEL, DIVISION OF GREAT LAKES STEEL
CORPORATION and AMERICAN FEDERATION OF LABOR
In the Matter Of STRAN STEEL, DIVISION OF GREAT LAKES STEEL
CORPORATION and UNITED CONSTRUCTION WORKERS, AFFILIATED WITH
UNITED MINE WORKERS OF AMERICA
Cases Nos. 11-R-733,11-R-745 and 11-R-747, respectively.Decided
February 27, 1945
Messrs. William 0. Murdock and Clifford L. Hardy, for the Board.
Mr. Prewitt Semmes, of Detroit, Mich., for the Company.
Messrs. James Robb and John V. Riffe, of Indianapolis, Ind., for
the U. S. A.
Mr. T. N. Taylor, of Terre Haute, Ind., for the A. F. L.
Mr. Stanley Denlinger, of Akron, Ohio, and Mr. Frank Barnhart,
of Hammond, Ind., for the U. C. W.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon separate petitions duly filed by United Steelworkers of
America, C. I. 0., herein called, the U. S. A., American Federation of
Labor, herein called the A. F. L., and United Construction Workers,
affiliated with United Mine Workers of America, herein called the
U. C. W., alleging that questions affecting commerce had arisen con-
cerning the representation of employees of Stran Steel, Division of
Great Lakes Steel Corporation, Terre Haute, Indiana, herein called
the Company, the National Labor Relations Board consolidated the
cases and provided for an appropriate hearing upon due notice before
James C.Batten, Trial Examiner. Said hearing was held at Terre
Haute, Indiana, on January 25 and 26, 1945. The Board,. the Com-
pany, the U. S. A., the A. F. L., and the U. C. W. appeared, partici-
60 N. L. R. B., No. 157.
910
STRAN STEEL 911
pated, and were afforded full opportunity to be heard, to examine and
cross-examine witnesses, and to" introduce evidence bearing on the
issues. At the opening and close of the hearing, the U. S. A. moved to
dismiss the petition. Ruling upon the motion to dismiss was reserved
for the Board. The motion is hereby denied. The Trial Examiner's
rulings made at the hearing are free from prejudicial error and are
hereby affirmed. All parties were afforded opportunity to file briefs
with the Board.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Stran Steel, Division of Great Lakes Steel Corporation, is a Dela-
ware corporation operating a plant at Terre Haute, Indiana, where
it is engaged in the manufacture of fabricated steel housing for the
United States Navy. All raw materials used at the Terre Haute
plant are shipped to it from points outside the State of Indiana. All
products produced at the'Terre Haute plant are used by the armed
forces of the United States and are shipped to points outside the State
of Indiana.
We find that the Company is engaged in commerce within the mean-
ing of the National Labor Relations Act.
H. THE ORGANIZATIONS INVOLVED
United Steelworkers of America is a labor organization affiliated
with the Congress of Industrial Organizations, admitting to member-
ship employees of the Company.
American Federation of Labor is a labor organization, admitting
to membership employees of the Company.
United Construction Workers, affiliated with United Mine Workers
of America, is a labor organization, admitting to membership em-
ployees,of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On November 18, 1944, the U. S. A. requested the Company to
recognize it as the exclusive collective bargaining representative of
the employees at the Terre Haute plant. On November 22, 1944, the
U. S. A. filed its petition herein. During November 1944 the A. F. L.
was actively engaged in organizing the employees at the Terre Haute
plant and notified the Company that it was so engaged. On November
22, 1944, the U. C. W. notified the Regional Director that it claimed
an interest among the' employees involved herein. On December 9,
912 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
1945, a Field Examiner held a conference at Terre Haute pursuant to
the petition of the U. S. A. The Company, the U. S. A., and the
U. C. W. participated in the conference. At that time, the above
enumerated parties agreed upon all terms for a consent election, sub-
ject to the Company's approval. Such approval was not forthcoming,
and on December 18, 1944, the Company and the U. S. A. entered into
.a recognition agreement. Said agreement did not provide for wages,
hours, or working conditions, but merely recognized the U. S. A. as
the exclusive collective bargaining representative of the employees at
the Terre Haute plant. On December 21, 1944, the U. C. W. wrote to
the Company claiming to represent a substantial number of the em-
ployees involved herein and requested a conference for collective bar-
gaining purposes. On January 3 and 4,1945, respectively, the A. F. L.
and the U. C. W. filed their petitions herein. On January 3, 1945,
the Regional Director advised the Company of the filing of a petition
by the A. F. L. On January 5, 1945, a Field Examiner of the Board
conducted a conference at Terre Haute, at which were present repre-
sentatives of the Company, the U. C. W., and the A. F. L. The U. S. A.
representatives did not appear. After the close of said conference,
but later the same day, the Company and the U. S. A. signed an
exclusive collective bargaining contract providing for hours, wages,
and working conditions for the employees involved herein.
The U. S. A. contends that its agreements of December 18, 1944, and
January 5, 1945, constitute bars to the instant proceeding and urges
that all petitions be dismissed. It is apparent from the foregoing facts
that the Company and the U. S. A. possessed full knowledge of the
A. F. L's and U. C. W.'s claims on December 18, 1944, and January 5,
1945. The U. S. A. and the Company were also familiar, as a result
of the Debember 9, 1944, conference, with the fact that the entire matter
of employee representation was pending before the Board. Inasmuch
as the agreements of December 18, 1944, and January 5, 1945, were
entered into subsequent to the claims of the A. F. L. and the U. C. W.
and at a time when the entire matter was pending before the Board,
we find that they do not constitute bars to a determination of repre-
sentatives at this time.
A statement of a, Field Examiner of the Board, introduced into
evidence at the hearing, indicates that the U. S. A. and the A. F. L.
each represents a substantial number of employees in the unit herein-
after found to be appropriate.
'The Field Examiner reported that the U . S. A. and the A F. L. presented 108 and 58
authorization cards, respectively , bearing the names of persons who appear on the Com-
pany's pay roll of December 16, 1944. There are approximately 140 employees in the.
appropriate unit. The Trial Examiner further reported that the U . C. W. presented 27
authorization cards bearing the names of persons who appear on the Company ' s pay roll of
December 16, 1944.
STRAN STEEL 913
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
We find, in substantial agreement with the parties, that all produc-
tion and maintenance employees at the Terre Haute, Indiana, plant
of the Company, excluding plant-protection employees, clerical and
office employees, foremen, assistant foremen, and any other super-
visory employees with authority to hire, promote, discharge, dis-
cipline, or otherwise effect changes in the status of employees, or effec-
tively recommend such action, constitute a unit appropriate for the
purposes of collective bargaining, within the meaning of Section 9 (b)
of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by means of an election by secret ballot among
the employees in the appropriate unit who were employed during the
pay-roll period immediately preceding the date of the Direction of
Election herein, subject to the limitations and additions set forth in
the Direction.
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 and pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations- Series 3, as amended, it is
hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Stran Steel, Divi-
sion of Great Lakes Steel Corporation, Terre Haute, Indiana, 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 Eleventh
Region, acting in this matter as agent for the National Labor Relations
Board, and subject to Article III, Sections 10 and 11, of said Rules
and Regulations, among the employees in the unit found appropriate
in Section TV, above, who were employed during the pay-roll period
immediately preceding the date of this Direction, including employees
who did not work during said pay-roll period because they were ill
or on vacation or temporarily laid off, and including employees in the
armed forces of the United States who present themselves in person
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914 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
at the polls, but excluding any who have since quit or been discharged
for cause and have not been rehired or reinstated prior to the date
of the election, to determine whether they desire to be represented by
United Steelworkers of America, C. I. 0., or by United Construction
Workers, affiliated with United Mine Workers of America, or by Amer-
ican Federation of Labor, for the purposes of collective bargaining,
or by none of said organizations.