Jones & Laughlin Steel Corp.

National Labor Relations Board - Board Decisions

Mar 2, 1943

47 N.L.R.B. 1272 (N.L.R.B. 1943)

In the Matter Of JONES & LAUGHLIN STEEL CORPORATION and NATIONAL
ORGANIZATION MASTERS MATES & PILOTS OF AMERICA, LOCAL 25,
AFFILIATED WITH THE AMERICAN FEDERATION OF LABOR
Case No. R-488,0.-Decided March 2, 1943
Jurisdiction : coal mining and iron and steel products manufacturing industry.
Investigation and Certification of Representatives : existence of question: stipu-
lation as to ; election necessary.
Unit Appropriate for Collective Bargaining : all masters, mates, and pilots, in-
cluding "temporary contract" pilots, employed by company on its river towboats.
Mr. W. L. Copeland, of Pittsburgh, Pa., for the Company.
Messrs. Zeno Fritz, W. H. Gri fth, and R. E. Goforth, of Pitts-
burgh, Pa., for the M. M. P.
Mr. Wallace E. Royster, of counsel to the Board.
DECISION
AND
DIRECTION, OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by National Organization Masters, Mates
& Pilots of America, Local 25, affiliated with the American Federa-
tion of Labor, herein called the M. M. P., alleging that a question
affecting commerce had arisen concerning the representation of em-
ployees of Jones & Laughlin Steel Corporation, Pittsburgh, Penn-
sylvania, 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 Bearing 'was held at
Pittsburgh, Pennsylvania, on February 11, 1943. The Company and
the M. M. P. appeared, participated, and were afforded full, oppor-'
tunity to be heard, to examine and cross-examine witnesses, and to
,introduce evidence bearing- on the issues. The Trial Examiner's rul-,
ings made at the hearing are free from prejudicial error and are hereby
affirmed.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Jones & Laughlin Steel Corporation is a Pennsylvania corporation,
engaged in the manufacture and sale of iron and steel products. It
47 N. L. R. B., No. 157.
1272
JONES & LAUGHLIN STEEL CORPORATION , 1273
operates plants in Pittsburgh, Pennsylvania, Aliquippa, Pennsylvania,
and Cleveland, Ohio. On July 26, 1941, The Vesta Coal Company
and Shannopin Coal Company, hitherto wholly owned subsidiaries
of the Company, were merged with the Company. By virtue of the
merger, the Company became engaged in the mining of coal in
Washington and Greene counties, Pennsylvania, and succeeded to
ownership of ten river vessels formerly,owned by The Vesta Coal
Company. The Company now operates these vessels in the transport
of coal by river from its Pennsylvania mines and Pittsburgh pools to
its plants in Pittsburgh and Aliquippa. Some of these vessels are
regularly engaged in the transport of finished products from the
Pennsylvania plants to points outside Pennsylvania along the Ohio
and Mississippi rivers, and currently some are engaged in the trans-
port of coal from Huntington, West Virginia, to the Pittsburgh and
Aliquippa plants.
During the period from October 1, 1942 to December 31, 1942, the
Company transported on these vessels, from its Pennsylvania mines
and, Pittsburgh pools, -to its plants in Pittsburgh and- Aliquippa,
approximately 1,189,000 tons of coal. During the same period, some
of these vessels transported approximately 50,000 tons of coal from
Huntington, West Virginia to the Company's plants in Pittsburgh
and Aliquippa, and some transported approximately 29,500 tons of
finished products from the Aliquippa plant to points outside Penn-
sylvania. The employees involved in this proceeding are employed
on these vessels.
The Company concedes for the purpose of this proceeding that it
is engaged in commerce within the meaning of the National Labor
Relations Act.
II. TIDE ORGANIZATION INVOLVED
National Organization Masters, Mates & Pilots of America, Local
25, is a labor organization, affiliated with the American Federation
of Labor, admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
It was stipulated at the hearing that the Company has refused
to recognize the M. M. P. as the bargaining agent for the employees
covered by the petition and that it questions the majority status of
the M. M. P., and the ,propriety of the unit sought by the M. M. P.
A ,statement of the Regional Director, introduced into evidence,
indicates that the M. M. P. represents a substantial number of em-
ployees in the unit hereinafter found appropriate., '
'The Regional Director stated that the'M . M. P. submitted 26 authorization cards, all
bearing apparently . genuine, original signatures , and dated variously from July through
December 1942. Twenty-three cards bore the names of persons whose names appear on
the Company 's pay roll of January 23, 1943. There are approximately 42 employees
in the unit found to be appropriate. ,
1274 DECISIONS' OF NATIONAL LABOR RELATIONS BOARD
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
The M. M. P. requests a unit composed of all masters, mates' and
pilots employed by the Company on its river towboats.
The Company agrees to the inclusion of mates and pilots but seeks
to exclude masters on the ground that they are supervisory employees
and representatives of management. We have previously held, how-
ever, that masters may be included in a unit such as that requested
by the M. M. P.z The unit of masters, mates, and pilots sought here is
composed entirely of supervisory employees witl comparable skills,
qualifications, duties, authority, responsibilities, and interests. We
shall, thereforef include masters in the unit.
The Company would also exclude certain employees who are desig-
nated as "temporary contract" pilots. These employees are employed
on vessels transporting coal from Huntington, West Virginia, to the
Pennsylvania plants of the Company. 'In normal times-the Company
has secured sufficient coal from `its Pennsylvania mines, but for the
past 3 months has found it expedient to haul coal, from Huntington.
It is not known how long this practice will continue, but it,may well
last for some time in the future. ' So long as it continues, these pilots
will be employed.
The "temporary contract" pilots 3 are -paid on a trip basis as are
some other pilots in "the employ of the Company. - Although these
pilots have been selected because they are especially skilled in navi-
gating the river below Pittsburgh, there is no indication that their
duties or responsibilities differ materially from those of the other
pilots who are included by agreement. They are not employed under
a written contract of employment and appear to occupy no different
status -in 'this regard than the other pilots. In addition, although
listed as "temporary contract" pilots, it appears that they will be
retained so long as the coal shortage exists. Consequently, we shall
include them in the unit.
We find that all masters, mates ,' and pilots, including "temporary
contract" pilots, employed by the Company on its river towboats,
constitute a unit appropriate for the purposes of collective bargaining
within the meaning of Section 9 (b) of the Act.
2 See Matter of Dravo Corporation , Keystone Sand Ditiision and National Organization
of Masters, Mates & Pilots, Harbor 25, affiliated with A. F. L., 39 N. L R. B. 846, and
Matter of Jones & Laughlin Steel Corporation and National Organization Masters, Mates
& Pilots, Local No. 25, affiliated with American Federation of Labor, 37 N. L. R. B. 366.
3 It was testified at the hearing that some of this group are members of the M. M. P.
JONES & LAUGHLIN STEEL CORPORATION 1275
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be. resolved by an election by secret ballot among the em-
ployees,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 2, as amended, it is
hereby
DIRECTED that, as part of the investigation to ascertain represent-
atives for the purposes of-collective bargaining with Jones & Laugh-
lin Steel Corporation, Pittsburgh, Pennsylvania, 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 Sixth Region, acting
in this matter as agent for the National Labor Relations Board, and
subject to Article III, Section 10, of said Rules and Regulations,
among all employees of the Company in the unit found appropriate
in Section IV, 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 at the polls, but excluding any who have since quit or been
discharged for cause, to determine whether or not they desire to be
represented -by National Organization Masters, Mates & Pilots of
America, Local 25,-affiliated with the American Federation of Labor,
for the purposes of collective bargaining.