Canonsburg Steel & Iron Works

National Labor Relations Board - Board Decisions

Feb 4, 1943

47 N.L.R.B. 314 (N.L.R.B. 1943)

In the Matter of CANONSBURG STEEL & IRON WORKS and UNITED
STEELWORKERS OF AMERICA (C. I. 0.)
Case No. R-4'733.-Decided February 4, 1943
Jurisdiction : ordnance manufacturing industry.
Practice and Procedure : petition dismissed when notice of termination of exist-
ing contract and withdrawal thereof, took place before company had official
knowledge of petitioner's claims, and contract under the circumstances was
held to constitute a bar to a present determination of representatives.
Mr. Thomas E. Whitten, of Pittsburgh, Pa., for the Company.
Mr. Frank N. Hoffman, of Pittsburgh, Pa., for the USA.
Messrs. Van B. Carter and Walter Ross,,both of Pittsburgh, Pa., for
i he IAM.
Mr. David V. Easton, of counsel to the Board.
DECISION
AND
ORDER
STATEMENT OF THE CASE - -
Upon amended petition duly filed by United Steelworkers of Amer-
ica, (C. I. 0.), herein called the USA, alleging that a question affecting
commerce had arisen concerning the representation of employees of
Canonsburg Steel & Iron Works, Canonsburg, Pennsylvania , herein
called the Company, the National Labor Relations Board provided for
an appropriate hearing upon due notice before W. G. Stuart Sherman,
Trial Examiner . Said hearing was held at Pittsburgh , Pennsylvania,
on January 7, 1943. The Company, the USA, and International Asso-
ciation of Machinists, herein called the IAM, appeared ,, participated,
and were afforded full opportunity to be heard , to examine and cross-
examine witnesses , and to introduce evidence bearing on the issues.
The Trial Examiner's rulings made at the hearing are free from preju-
dicial error and are hereby affirmed.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF 'TIIE COMPANY
Canonsburg Steel & Iron Works, a Pennsylvania corporation with
its principal office in New York City, and its plant at Canonsburg,
47 N L. B. B., No. 36.
314
CANONSBURG STEEL Si IRON WORKS 315
Pennsylvania, is engaged in the manufacture of munitions for the
United States Government. This proceeding involves the plant at
Canonsburg,' Pennsylvania.
During the 12 months preceding January 7, 1943, the Company used
at its Canonsburg plant raw materials valued at over $300,000, ap-
proximately 30 percent of which was purchased and transported from
points outside the State of Pennsylvania. During the same period, the
Company produced finished products valued in excess of $2,400,000,
nearly all of which was transported to points outside the State of Penn-
sylvania. The Company admits that it is engaged in commerce within
the meaning of the National Labor Relations Act.
II. 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.
International Association 'of Madhinists is a labor organization
affiliated with the American Federation of Labor, Admitting to mem-
bership employees of the Company..
III. THE ALLEGED QUESTION CONCERNING REPRESENTATION
The USA began organizing the Company's employees in August
1942, and on or about October 13, 1942, requested recognition as bar-
gaining representative of the production and maintenance employees
at the Canonsburg plant. The Company refused, contending that it
had a contract with the IAM, which was still in existence, and which
constituted a bar to.this proceeding.
The contract above mentioned was executed on May 20, 1942, retro-
active to May 1, and expires May 1, 1943. It provided for recognition
of the IAM as the exclusive bargaining agent of such employees of
the Company who were members thereof, and contained the following
provisions relating to changes and amendments :
Article VIII
Thirty (30) days prior to the expiration of one (1) year from
the above date either party, by written notice served upon the
other party, may propose changes in the rules and working con-
ditions of this agreement, specifying the changes desired.
After one (1) year from the above date either party, by written
notice served upon the other, may propose changes in rates and
working conditions of this agreement specifying the changes
desired.
,316 DECIS-+ONS OF NATIONALLABOR RELATIONS BOARD,
Proposals to change any provision's of this agreement may be
made by either party to the other by serving a thirty .(30) days
notice, in writing at any time, specifying the changes desired.'
Conferences will be started within ten (10) -'days from date
notice served in either of the above instances.
There was 'no specific provision relating to termination of the con-
tract before May 1, 1943. ' '
• On August 6,'1942, the IAM notified the Company by letter that its
members had voted to terminate the contract, and it was therefore
serving 30 days' notice of termination. .However, after negotiations
had been entered upon between the contracting parties, it was agreed
between them that the notification of August 6, 1942, was canceled ;
and, as a result of these negotiations, an addendum dated October 1,
1942, was executed. This addendum accorded the IAM exclusive `rec-
ognition and provided' for a "union ;shop." No changes were made in
the provisions relating to amendments and termination. Both the
Company and the IAM contend that the contract, as amended by the
addendum, constitutes a bar to this, proceeding.
The USA contends that the contract is not a bar, basing, its con-
tention upon the letter of August 6, 1942, which stated that the IAM
was "serving 30 days' notice-for the termination of [its] contract ...".
However, this is merely unilateral action which could not be binding
upon the parties unless acquiesced in by the Company. This" did not
occur, as indicated' by the withdrawal of the alleged notice of termina-
tion and the execution of the addendum of October 11, 1942, which
merely modified some of the provisions of the contract. While it is
true that the Company had some unofficial knowledge of the organ-
izational activities of the USA which had begun in August 1942, it
was only after the addendum of October 1 was executed that the USA
asserted its claim. Under these circumstances, we find that the con-
tract between the Company and the IAM constitutes a bar to a present
determination of representatives. However, our finding in this re-
spect is without prejudice to the filing of a new petition shortly before
April 1, 1943, when notice pursuant to the contract is due.
We find that no question has arisen concerning the representation
of employees of the Company.
ORDER
Y
Upon the basis of the above findings of fact, the. National Labor
Relations Board hereby orders that the amended petition for investi-
gation and certification of representatives of employees of Canonsburg
Steel & Iron Works, Canonsburg, Pennsylvania, filed by^United Steel-
workers of America, (C. I. 0.) be, and it hereby is, dismissed.