Kaiser Co., Inc.

National Labor Relations Board - Board Decisions

Aug 13, 1943

51 N.L.R.B. 1265 (N.L.R.B. 1943)

In the Matter of KAISER COMPANY , INC. IRON AND STEEL DIVISION an[l
UNITED STEELWORKERS OF AMERICA, CIO
In the Matter of KAISER COMPANY, INC. IRON AND STEEL DIVISION and
BROTHERHOOD OF RAILROAD TRAINMEN
,In the Matter of KAISER COMPANY , INC. IRON AND STEEL DIVISION and
INTERNATIONAL UNION OF OPERATING ENGINEERS
Cases Nos. R-5533 to 8-5535 inclusive, respectively.-Decided
August 13, 1943 -
Mr.'T. T. Inch, of Oakland, Calif., and Messers. Walter R. Farrell
and J. K. Dunbar, of the Fontana Plant, for the Company.
Katz, Gallagher i Margolis, by Messrs. Charles J. Katz and Milton
S. Tyre, of Los Angeles, Calif., and Messrs. James 0. Thimmes and
W. P. Brunton, of Maywood, Calif., for the CIO.
Messrs. W. P. Nutter, E.-A. Jacob and E. E. Ellis, of Los Angeles,
Calif, for,the Railroad Trainmen.
Mr. Nat Brown, of Stockton, Calif., and Mr. Charles C. King, of
Los Angeles, Calif., for the Operating Engineers.
Mr. E. R. White, of San Bernardino, Calif., for the I. A.. M.
Mr. John C. Stevenson, of Los Angeles, Calif., and Mr. Earl Wilson,
of San Bernardino, Calif., for the Metal Trades Council.
Mr. William, W. Robbins, of San Bernardino, Calif., for the
I. B. E. W.
Mr. E. V. Blackwell, of Los Angeles, Calif., for the Boilermakers.
Mr. Jim Cheek, of Los Angeles, Calif., for thei Bridge and Iron
Workers.
Mr. Glenn L. Moller, of counsel to the Board.
DECISION ,
AND
ORDER
STATEMENT OF THE CASE
Upon petitions duly filed by United Steelworkers of America, CIO,
herein called the CIO , Brotherhood of Railroad Trainmen , herein
called the Railroad Trainmen, and by International Union of Operat-
51 N. L . R. B., No. 201.
1265
1266 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ing Engineers , herein called the Operating Engineers, alleging that
questions affecting commerce had arisen concerning the representation
of employees of Kaiser Company, Inc., Iron and Steel Division, Fon-
tana , California, herein called the Company, the National Labor Re-
lations Board provided for an appropriate hearing upon due notice
before Maurice J. Nicoson, Trial Examiner. Said hearing was held
at Fontana, California, on June 15, 16, and 17, 1943. The Company,
the petitioning unions, International Brotherhood of Boilermakers,
Iron Shipbuilders, Welders & Helpers of America, Local No. 92, herein
called the Boilermakers; International Bridge, Structural Iron and
Steel Workers of the United States of America, Local #433, herein
called the Bridge and Iron Workers, and San Bernardino Metal
Trades Council, for itself and for its affiliated unions,' herein called
the Metal Trades Council, appeared, participated, and were afforded
full opportunity to be heard, to examine and cross-examine witnesses,
and to introduce evidence bearing on the issues. Toward the conclu-
sion of the hearing the Operating Engineers moved for permission to
withdraw its petition and join'the Metal Trades Council. The Trial
Examiner referred the said motion to the Board for ruling. The
motion is hereby granted.
The Trial Examiner's rulings made at the hearing are free from
prejudicial error and are hereby affirmed.
Since the hearing the Railroad Trainmen has requested of the
Board leave to withdraw its petition, without prejudice. This mo-
tion is granted.
:Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Kaiser Company, Inc., a Nevada corporation, has its principal
office at Oakland, California. The Company's activities are divided
into four administrative divisions, only one of which, its Iron and
Steel Division, is involved in this proceedng. The Iron and Steel
Division operates a plant 4 miles west of Fontana, California, where
it is engaged in the manufacture, production, and sale of steel, pig
'iron, coke, and coke byproducts. The Fontana plant is still under
construction and, when completed, will be a completely integrated
iron and steel plant. During the year 1942, in addition to material
' The Boilermakers ; Bridge and Iron Workers , and the Metal Trades Council each filed
a petition for leave to intervene , which motions were granted by the Trial Examiner at
the hearing . Before the hearing was concluded, the Boilermakers and the Bridge and Iron
workers requested leave to withdraw from the proceeding in favor of the Metal Trades
Council . The Metal Trades Council then requested leave to amend its petition to intervene
accordingly . All of these requests wore granted by the Trial Examinee , without objection.
KAISER COMPANY, INC., IRON AND STEEL DIVISION 1267
and equipment for construction of the plant, the Company purchased
raw materials valued at more than $3,000,000 for use in pig iron and
steel production at the said plant. Thirty-five percent of said raw
materials was shipped to the plant from points outside the State of
California. During the same period the Company shipped to points
outside 'the State of California in excess of 4,000 tons of pig iron.
The Company admits that it is engaged in interstate commerce
within the meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
United Steelworkers of America, affiliated with the Congress of
Industrial Organizations, is a labor organization admitting to mem-
bership employees of the Company.
Brotherhood of Railroad Trainmen is a labor organization ad-
mitting to membership employees of the Company.
San Bernardino Metal Trades Council, affiliated with the American
Federation of Labor, is a labor organization admitting to member-
ship employees of the Company through its affiliated unions, includ-
ing, among others, International Bridge, Structural Iron & Steel
Workers of the United States of America, Local #433, International
Brotherhood of Boilermakers, Iron Shipbuilder Welders & Helpers
of America, Local No. 92, International Union of Operating En-
gineers, and International Association of Machinists, Local No.
1047.2
III . THE ALLEGED QUESTION CONCERNING REPRESENTATION OF EMPLOYEES
OF THE COMPANY WITHIN AN APPROPRIATE UNIT
In view of the withdrawals of two of the three petitions in the
case, there is now before us only one petition, that of the CIO. The
parties stipulated at the hearing that prior to the filing of its peti-
tion, the CIO had requested recognition as the exclusive bargaining
representative of all production and maintenance employees at the
Company's Fontana plant, excluding supervisors who do not work
with tools, craftsmen, timekeepers, watchmen, guards, and full-time
first-aid and safety employees. The Company refused this request
on the ground that there was not yet a representative body of em-
ployees working at the plant. We agree with the position taken by
the Company.
At the time of the hearing there were employed in the unit sought
by the CIO between 800 and 900 employees. - When the plant is com-
pleted and in full production, which will be sometime between Sep-
2 The member unions of the Metal Trades Council, with the exception of the International
Association of Machinists , are affiliated with the American Federation of Labor.
54061 2-44-col. 51-81
1268 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
tember 1943 and February 1944, the Company anticipates that there
will be approximately 2,422 employees in the unit here sought. It is
to be noted that the foundry and rolling mill, which will be closely
integrated parts of the entire plant, are not yet in operation, and
have only 7 employees between them, whereas these departments,
when in full production, will have approximately 1,000 employees.'
The report of the Field Examiner for the Board indicates that neither
the CIO nor the Metal Trades Council has made a showing of as much
as 300 designations. The payroll of the Company as of the date of the
hearing contained the names of slightly more than one-third of the
number of employees which the Company anticipates will be em-
ployed in the appropriate unit.
We find that no question has arisen concerning the representation
of the employees of the Company at this time, and shall order that the
petition be dismissed without prejudice to its renewal at such time as
a substantial number of employees is employed by the Company in
all departments and categories and a substantial showing of repre-
sentation among such employees can be made by the petitioning union.
ORDER
Upon the basis of the foregoing findings of fact, the National
Labor Relations Board hereby orders that the petition for investiga-
tion and certification of representatives of employees of Kaiser Com-
pany, Inc., Iron and Steel Division, Fontana, California, filed by
United Steelworkers of America, CIO, be, and it hereby is, dismissed,
without prejudice.
CHAIRMAN MILUs took-no part in the consideration of the above De-
cision and Order.
a Cf Matter of Avtion, Inc , 51 N. L. R. B 174.