Pittsburgh Coke and Iron Co.

National Labor Relations Board - Board Decisions

Jul 3, 1943

51 N.L.R.B. 56 (N.L.R.B. 1943)

In the Matter Of PITTSBURGH COKE AND IRON COMPANY and UNITED
STEELWORKERS OF AMERICA,'LOCAL 2687, C. I. O.
Case No. R-5565.-Decided July 3, 1943
Mr. John M. Wilson, of Neville Island, Pa., for the Company.
Mr. Philip M. Curran, of Pittsburgh, Pa., for the Union.
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by United Steelworkers of America, Local
2687, C. 1. 0., herein called the Union, alleging that a question affecting
commerce had arisen concerning the representation of employees of
Pittsburgh Coke and Iron Company, Neville Island, Pennsylvania,
herein called the Company, the National Labor Relations Board pro-
vided for an appropriate hearing upon due notice before Henry Shore,
Trial Examiner. Said hearing was held at Pittsburgh, Pennsylvania,
on June 19, 1943. The Company and the Union appeared, partici-
pated, and were afforded full opportunity to be lieard, 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 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
1. THE BUSINESS OF THE COMPANY
Pittsburgh Coke and Iron Company is a Pennsylvania corporation
operating five plants in the State of Pemnsylvania and one in the
State of Michigan. We are here concerned with its plant at Neville
Island, Pennsylvania, where it is engaged in the manufacture of pig
iron, coke, coke oven by-products, cement, and activated charcoal.
51 N. L. R. B., No. 15.
56
PITTSBURGH COKE AND IRON COMPANY 57
During the 12-month period preceding June 19, 1943, the Company
purchased coal for use at its Neville Island plant valued at about
$2,500,600, all of which was shipped to it from points within the Sate
of Pennsylvania. During the same period the Company manufac-
tured products at its Neville Island plant valued at about $16,000,000,
approximately 25 percent of which was shipped to points outside
the State of Pennsylvania. The Company admits, for the purpose
of this proceeding, that it is engaged in commerce within the meaning
of the National Labor Relations Act.
H. THE ORGANIZATION INVOLVED
United Steelworkers of America, Local 2687, is a labor organiza-
tion affiliated with the Congress of Industrial Organizations, admit-
ting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company refuses to recognize the Union as the exclusive col-
lective bargaining representative of its employees until such time as
the Union is certified by the Board.
A- statement of the Regional Director, introduced into evidence
at the hearing, indicates that the Union represents a substantial
number of employees in the unit hereinafter found to be appropriate?
We find that a question affecting commerce has arisen concern-
ing the representation of employees of the Company, within the
meaning of Section 9 (c) and Sections 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
We find, in substantial agreement with a stipulation of the parties,
that all production and maintenance employees at the Neville Island
plant of the Company, excluding executives, foremen, assistant fore-
men, supervisors in charge of any class of labor, or any other super-
visory employees with authority to hire, promote, discharge, discipline,
or otherwise effect changes in the status of employees, or effectively
recommend such action, office, clerical, or salaried employees,
nurses , and watchmen or guards, 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 Regional Director reported that the Union presented 348 membership-application
cards bearing apparently genuine signatures of persons whose names appear on the Com-
pany's pay roll of May 0, 1943 . There are approximately 750 employees in the appropriate
unit.
58 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 Re-
lations 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 Pittsburgh Coke
and Iron Company, Neville Island, Pennsylvania, an election by se-
cret ballot shall be conducted as early as possible, but not later than
thirty (30) days from the date of this Direction, under the direc-
tion 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 the employees 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 em-
ployees who did not work during said pay-roll period because they
were ill or on vacation or temporarily laid off, and including em-
ployees in the armed forces of the United States who present them-
selves 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 United Steelworkers of America, Local
2687, affiliated with the Congress of Industrial Organizations, for
the purposes of collective bargaining.