Republic Steel Corp.

National Labor Relations Board - Board Decisions

Feb 4, 1943

47 N.L.R.B. 317 (N.L.R.B. 1943)

In the Matter Of REPUBLIC STEEL CORPORATION and UNITED STEEL-
WORKERS OF AMERICA,, C. I. O. -
In the Matter of REPUBLIC STEEL CORPORATION and BRICKLAYERSUNION
No. 1 OF ALABAMA, SUBORDINATE TO BRICKLAYERS, MASONS AND PLAS-
TERERS INTERNATIONAL UNION OF AMERICA, A. F. OF L.
In the Matter of REPUBLIC STEEL CORPORATION and BRICKLAYERS UNION
No. 11 OF ALABAMA, SUBORDINATE TO BRICKLAYERS, MASONS AND PLAS-
TERERS INTERNATIONAL UNION OF AMERICA, A. Y. OF L.
Cases Nos. R-4749, R-.450, and R-4751, respectively.Decided
Februdry 4,143
Jurisdiction : iron and steel products manufacturing industry. • 1
Investigation and Certification of Representatives : existence of question: re-
fusal to accord recognition without certification of the Board; election directed
among bricklayers, notwithstanding agreement between union and company
that union might be certified upon the recoil; election directed among em-*
ployees in production and maintenance unit found appropriate, notwithstanding
stipulation that certification should be by a cross-check of cards, when election
under the circumstances would best effectuate the policies of the Act ; elections
necessary.
Units Appropriate -for Collective Bargaining : all bricklayers and bricklayer
apprentices, but excluding bricklayer foremen, at the Gadsden plant, held an
appropriate unit; all production and maintenance employees at the Gadsden
plant, with specified inclusions and exclusions; held an appropriate unit;
stipulation as to.
Practice and Procedure : petition ' of one union dismissed when unit desired
embraced single employee only.
Mr. E. J. Magee, of Cleveland, Ohio, and Messrs. Hood, Inter,
Martin, & Suttle, of Gadsden, Ala., for the Company.
Messrs. Noel Beddow, R. E. Farr, and Carey E. Haigler, of Bir-,
mningham, Ala., for the U: S. A.
Mr. T/ioiru s R. Zeigler, of Birmingham, Ala., for the International.
Mr. George N. Scott, of Birmingham, Ala., for Union No. 1.
Mr. C. TV. Logan, of Gadsden, Ala., for Union No. 11.
ilfr. Robert Silagi, of counsel to the Board.
47 N. L R B., No. 37. 1
317
318 DE-CISIONS OF NATIONAL LABOR RELATIONS BOARD
DECISION-
DIRECTION OF ELECTIONS
AND
ORDER
STATEMENT OF THE CASE
Upon petitions duly filed by the United Steelworkers, of America,
C. I. 0., herein called the U. S. A., by Bricklayers Union No.lj of
;Alabama, Subordinate to Bricklayers, Masons and Plasterers Inter-
national Union of America, A. F. of L., herein called Union No. 1,
and by Bricklayers Union No. 11 of Alabama, subordinate to Brick-
layers, Masons and Plasterers 'International Union of America,
A.'F. of L., herein called Union NQ. 11,,each alleging that a question
affecting commerce had arisen concerning the represent 'ation of em-
ployees of Republic Steel Corporation, Birmingham and Gadsden,
Alabama, herein called the Company, the National Labor Relations
Board consolidated the cases and provided for an appropriate hear-
ing upon due notice before William E. Spencer, Trial Examiner.
Said hearing was held at Gadsden, Alabama, on January 11, 1943.
The Company, the U. S. A., Union No. 1, and Union No. 11, appeared,
participated, and were afforded full opportunity to be heard, to exam-,
ine 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.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Republic Steel Corporation, a New Jersey corporation, is_engaged
in the manufacture, sale, and distribution of iron and steel prods
ucts. It owns and operates extensive iron-ore and coal-inuring prop-
erties, manufacturing and finishing plants, throughout the United
States. This case involves only the plants at Birmingham and -
Gadsden, Alabama. A substantial quantity of raw materials is
shipped to Alabama from points outside the State and a substantial
amount of the value of the finished materials produced at Birming-
ham and Gadsden is sent to points outside the State .of Alabama.
The entire production of the Company is for the war industry.
The Company admits that, it is engaged- in commerce within the
meaning of the National Labor Relations Act.
I A representative of the Bricklayers Masons and Plasterers International Union of
America, A F of L, also participated in the hearing
REPUBLIC STEEL CORPORATION 319
II. THE ORGANIZATIONS INVOLVED
Uliited Steelworkers of America, affiliated with the Congress of
Industrial Organizations, is a labor organization 'admitting to mein-
bership employees of the Company.
Bricklayers Union Nos. 1 and 11 of Alabama, Subordinate to Brick-
layers, Masons and Plasters International Union of America, affili-
ated with the American Federation of Labor, are labor organizations
admitting to membership employees of the Company.
- III. THE QUESTIONS CONCERNING REPRESENTATION
The Company has refused to grant exclusive bargaining rights
to any labor organization, until there has been a'certification by the
Board. -
A statement of the Trial Examiner, introduced into evidence at
the hearing, indicates that the unions represent a substantial number
of employees in the units hereinafter found appropriate.2
We find that questions affecting commerce have 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 UNITS
Union No. 11 requests a unit consisting of all bricklayers, brick-
layer apprentices and bricklayer foremen at the Gadsden plant. The
Company and the U. S. A. agree to a separate unit for, bricklayers,
but the Company seeks the exclusion of the foremen. The record
shows that there are three regular foremen who spend all their time
in supervising bricklayer workmen, and only in cases of emergency
do they lay brick. Foremen are eligible to membership in the Brick-
layers International Union, but since they are not working foremen,
we shall exclude them from the unit. There are two other bricklayers
who on occasion substitute for the regular foremen in cases of absence
or. when an enlarged crew is put to work on some special job. Be-
2 Union No. 1 submitted a petition signed October 28, 1942 , acknowledging membership
in the union and designating it as sole collective bargaining agency. The petition bore the
apparently genuine signatures of both men whose names appeared on the bricklayers' pay
roll of December 12, 1942, at Birmingham.
Union No. 11 submitted a similar petition which bore 29 apparently authentic signatures.
The petition was checked against the Gadsden pay roll of December 12, 1942, which con-
tained the names of 36 bricklayers , apprentices , and foremen Twenty -seven of the
names appearing on the petition were identical with names on the pay roll.,
The U S . A. submitted 2,796 authorization and membership cards , bearing what ap-
peared to he authentic signatures. About half were signed in 1941 and half in 1942.
The Company's pay roll of December 12, 1942, showed a total of approximately 3,670
hourly paid employees at its Gadsden plant . The Trial Examiner selected at random 116
cards, and of this number ,. the navies on 79 cards likewise appeared on the pay roll On
thetbasis of thiF spot -check. the parties . stipulated that the U S A had a substantial
interest in representation of the Company 's employees at Gadsden
320 DECISIONS O'F NATIONAL LABOR RELATIONS BOARD
cause the major portion of their time ' is devoted to, journeyman brick-
layer work , we shall include them in the unit of bricklayers.
We find that all bricklayers and, bricklayer appreltices ' of the
Company employed at the Gadsden plant, but excluding bricklayer
foremen, constitute a unit appropriate for the purposes of collec-
tive bargaining within the 'meaning of Section 9 ( b) of the Act.
Union No. 1 requests a unit it Birmingham similar to the one
sought by Union No. 11 at Gadsden : The Birmingham plant nor-
mally employs only two bricklayers , including the foreman . When-
ever additional men are needed , they are loaned by, the Gadsden
plant, and remain on the Gadsden pay roll, or are hired locally on
a temporary basis. The bricklayer foreman , who is also foreman 'of
a gang of laborers , performs no ; masonry work , but devotes all his
time to supervision ; accordingly , we shall exclude him from the unit..
There thus remains only one emyloyee in'the unit desired by Union
No. 1. We have often held that a single individual is not an appro-
priate unit for the purposes of collective bargaining within the mean-
ing of the Act.' We shall therefore dismiss the petition of Union
No.1. '
The Company and the U. S. A. stipulated and we find that all the
production and maintenance employees ' of the Company employed
at the Gadsden plant , but' excluding executives , foremen, assistant
foremen, supervisors who do not work with tools, draftsmen , . time-
keepers, first - aid men and nurses , watchmen, office and, salaried em-
ployees, bricklayers , bricklayer apprentices , commissary employees,
and production and maintenance employees of the Truscon Steel
Company employed in its Gadsden operation , constitute ,a unit appro-
priate for the purposes of collective bargaining within the meaning,
of Section 9 (b) of the Act..
V. THE DETERMINATION OF REPRESENTATIVES
On July 15, 1941, the Company, the predecessor of the U. S. A., and
an agent of the Board entered into astipulatioh which provided for
Board certification of the U.-S. A. as sole collective bargaining repre-
sentative of the employees at the various plants of-the Company in the
event a check of union cards'against the Company's pay roll showed
that the Union had been designated by a majority in the agreed appro-
priate units. Pursuant to this stipulation the Board conducted cross-
checks of union cards against coinpany pay rolls at many plants, in-
cluding the Birmingham plant, bind made its certifications on the basis
of its findings., No cross-check, however,' has been conducted at the
s See Matter of The Central Foundry and Steel lVoikers Organizing Committee, 20
N L. R. B. 131 and cases cited therein.
REPUBLIC STEEL CORPORATION 321
Gadsden plant. In August 1941 and again in September of the same
year strikes occurred at the Gadsden plant. As a condition of cessa-
tion of the strikes, agreements were entered into between the Company
and the U. S. A. which provided, iii part, that if and when the U. S. A.
requested certification for the Gadsden plant, the procedure for such
certification should be the same as provided for in the stipulation
above-mentioned.
The Company insists that any certification in this proceeding should
be-by a cross-check of cards, pursuant to the stipulation, whereas' the
U. S. A. desires an election. Although the stipulation entered into
in July 1941 contemplated' that future certifications in other plants
of the Clolnpany should be based upon cross-checks, it cannot preclude
resolving the present question,of representation by means of an elec-
tion. About half the cards submitted by the U. S. A. were signed 2
years ago and some question has been raised as to the good standing
of those members. Under these circumstances, we are of the opinion
that an election by secret ballot will best effectuate the policies of the
Act and avoid any disputes which might arise in connection with a
cross-check.
Although the Company and Union No. 11 agreed that Union No. 11
Tight be certified upon the record, we find that an election among the
bricklayers at the Gadsden plant can best resolve the question con-
cerning representation as to these employees.
We shall direct that the questions concerning representation which,
have arisen be resolved by separate elections by secret ballot among
the employees in the appropriate units who were employed during
the pay-roll period immediately preceding the date of the Direction
of Elections herein, subject to the limitations and additions set forth
in the Direction.
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,
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 representa-
tives for the purposes of collective bargaining with Republic Steel
Corporation, Gadsden, Alabama, separate elections 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 super-
vision of the Regional Director for the Tenth 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 units found appropriate in Section IV, above, who
513024-43-vol 47--21
1
322 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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
those employees who have since quit or been discharged for cause (1)
to determine whether or not the employees in the bricklayers' unit
desire to be represented by Bricklayers Union No. 11 of Alabama, Sub-
ordinate to Bricklayers, Masons and Plasterers International Union
of America, affiliated with the American Federation of Labor, for the
purposes of collective bargaining; and (2) to determine whether or
not the employees in the production and maintenance unit desire to
be represented by United Steelworkers of America, affiliated with the
Congress of Industrial Organizations, for the purposes of collective
bargaining.
ORDER
Upon the basis of the foregoing findings of fact, and upon the entire
record in the case, the National Labor Relations Board hereby orders
that the petition for investigation and certification of representatives
of employees of Republic Steel Corporation, at its Birmingham, Ala-
bama, plant, filed by Bricklayers Union No. 1 of Alabama, Subordinate
to Bricklayers, Masons and Plasterers International Union of Amer-
ica, A. F. of L., be, and it hereby is, dismissed.