Acme Steel Co.

National Labor Relations Board - Board Decisions

Nov 17, 1954

110 N.L.R.B. 913 (N.L.R.B. 1954)

ACME STEEL COMPANY 913
one seeking severance of the Employer's truckdrivers from the exist-
ing contract unit. Viewing the petition in this light, we find that as
the trailer drivers are primarily engaged in driving, as distinguished
from production work, their interests are sufficiently divergent from
those of the production and maintenance employees to warrant their
severance. However, severance of the straight truck and wood truck
drivers is precluded in our opinion by the fact that they devote the
major part of their time to production work and the record does not
otherwise establish that their interests are substantially different from
those of the production workers.
Accordingly, we would place Local 592 on the ballot in a voting group
limited to the trailer truck drivers, denying that Local's petition for
the other categories of drivers.
ACME STEEL COMPANY, TOOL & MACHINERY DIVISION and DISTRICT
No. 8, INTERNATIONAL ASSOCIATION OF MACHINISTS , AFL, PETI-
TIONER . Case No. 13-RC-4018. November 17, 1954
Decision and Direction of Election
Upon a petition duly filed under Section 9 (c) of the National Labor
Relations Act, a hearing was held before Robert G. Mayberry, hearing
officer. The hearing officer's rulings made at the hearing are free from
prejudicial error and are hereby affirmed.
Upon the entire record in this case, the Board finds :
1. The Employer is engaged in commerce within the meaning of
the Act.
2. The labor organizations involved claim to represent certain em-
ployees of the Employer.'
3. A question affecting commerce exists concerning the representa-
tion of employees of the Employer within the meaning of Section 9
(c) (1) and Section 2 (6) and (7) of the Act.
4. In 1941, and again in 1949, the Petitioner was certified as
collective-bargaining representative for the employees then located at
the Employer's Chicago, Illinois, plant. On August 16, 1954, the
Chicago operation was moved to the Employer's Riverdale, Illinois,
plant. The Petitioner contends that the employees in this operation,
i The Petitioner moved to deny the intervention of United Steelworkers of America,
CIO, the Intervenor herein, on the ground that the Intervenor has made no showing of
interest in the employees involved herein. In view of the Intervenor 's contention that
its contract with the Employer covers these employees we find that the Intervenoi foes
- have an interest in these employees . Accoidingly , we deny the motion.
110 NLRB No. 148.
338207-55-vol. 110-59
914 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
now known as the Employer's tool and machinery division, constitute'
an appropriate separate bargaining unit, because of the bargaining
history on that basis since 1941. The Intervenor contends that the tool
and machinery division is now part of the Employer's integrated
operation at Riverdale, and therefore should be part of the overall
production and maintenance unit at Riverdale, which the Intervenor
represents. The Employer takes no position on the appropriate unit.
The tool and machinery division is housed in a separate building
which has been newly constructed for its use. Except for a few main-
tenance and sales employees who are still in Chicago, this division still
has the same employees it had in Chicago. It also has the same
machinery, and makes the same products which are not made in any
other division at Riverdale. However, the superintendent of the divi- i
sion is now responsible to the general superintendent of all Riverdale
operations; the division's former personnel office at Chicago is now
part of the Riverdale personnel office; and some of the division's ship-
ping and receiving operations are now performed by the warehouse
and shipping division of the Riverdale operations. Moreover, the tool
and machinery division has been established as a seventh division in
the Riverdale operations, and appears to occupy no different position
generally from the other six divisions at Riverdale.
In view of the foregoing, we are of the opinion that the tool and
machinery division may appropriately form a separate unit, or may
appropriately be a part of the existing overall production and main-
tenance unit. However, we shall make no final unit determination at
this time, but shall be guided in part by the desires of the employees
as expressed in the election hereinafter directed. If a majority vote
for the Petitioner, they will be taken to have indicated their desire
to constitute a separate appropriate unit, which the Board, under such
circumstances, finds to be appropriate for purposes of collective bar-
gaining, and the Regional Director is instructed to issue a certification
of representatives to Petitioner for such unit. If a majority vote for
the Intervenor, they will be taken to have indicated their desire to be
a part of the existing overall unit represented by the Intervenor,
and the Regional Director is instructed to issue a certification of
results of election to that effect.
Accordingly, we shall direct that an election be held among the
following employees : All production and maintenance employees in
the Employer's tool and machinery division at Riverdale, Illinois,
excluding clerical employees, office employees, designing and draft-
ing engineers, restaurant employees, guards, watchmen, superintend-
ents, foremen, assistant foremen, and supervisors as defined in the Act.
[Text of Direction of Election omitted from publication.]