Kaiser Co., Inc.

National Labor Relations Board - Board Decisions

Nov 25, 1944

59 N.L.R.B. 547 (N.L.R.B. 1944)

In the Matter of KAISER COMPANY, INC. IRON AND STEEL DIVISION and
UNITED STEELWORKERS OF AMERICA, CIO
In the Matter of KAISER COMPANY, INC. IRON AND STEEL DIVISION and
SAN BERNARDINO METAL TRADES COUNCIL AND ITS AFFILIATED UNIONS
THERETO, A. F. OF L.
Cases Nos. R-5533 (f21-R-1954) and f1-R-2058, respectively
SECOND. SUPPLEMENTAL DECISION
November ^?5, 1944
On March 13, 1944, pursuant to a Decision and Direction of Elec-
tion,, an election, and other proceedings in the above-entitled matter,
the Board issued its .Supplemental Decision and Amended Certifica-
tion 2 certifying the United Steelworkers of America, CIO, herein
called the CIO, as the exclusive bargaining representative of all of
the Company's production and maintenance employees at its plant
at Fontana, California, and at the Moss Clay Pit, including shop
clerical employees, timekeepers, all persons employed as chauffeurs,
driving company cars throughout the plant in transporting company
officials and guests but excluding executives, office and clerical em-
ployees, administrative employees, plant-protection employees
(guards and firemen), full-time first-aid and safety employees, watch-
men other than crossing watchmen and flagmen, foremen, and other
supervisory employees with authority to hire, promote, discharge,
discipline or otherwise effect changes in the status of employees or
effectively recommend such action, and also excluding all employees
presently carried on the separate construction pay roll.
,On October 23, 1944, the Company, having begun the manufacture
of shells, petitioned the Board to interpret the certification heretofore
issued, and to advise the Company whether or not the persons em-
ployed, and to be employed in the expanded operations are covered
by said certification. It appears from the petition that in April 1944,
the Company accepted contracts to make 8 inch and 155 mm. shells.
A new corporation called Kaiser Industries was set up to handle the
new contracts. Production lines for the project were set up in a space
153 N L R B 880.
2 55 N. L. R . B. 528.
59 N. L. R. B, No 107.
547
548 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
within one of the buildings used for the manufacture of steel, and
in a new building adjacent to the property of the Kaiser Company,
Inc. Kaiser Industries contemplates employing approximately 1,000
employees; there are presently approximately 2,000 employees in the
unit heretofore found appropriate in this proceeding.
Upon consideration of the petition of the Company, the Board
hereby denies the request therein, for the reason that although on
the face of the petition it appears that the group of employees in-
volved constitutes a separate appropriate bargaining unit rather than
an accretion to the existing unit for which the CIO is the certified
representative, yet without a hearing, we have no proper basis for
making a determination as to whether or not the shell plant em-
ployees are a part of the present unit or are a separate unit. The
denial, however, is without prejudice to the filing by an interested
party of a petition for investigation and certification under•,Section
9 (c) of the Act. Moreover, this denial will not prevent a future
determination by this Board that the employees involved herein are
properly a part of the unit presently bargained for by the CIO.