American Steel & Wire Co.

National Labor Relations Board - Board Decisions

Jul 19, 1943

51 N.L.R.B. 440 (N.L.R.B. 1943)

In the Matter Of AMERICAN STEEL' & WIRE COMPANY ( NEW HAVEN
- PLANT ) and UNITED STEELWORKERS OF AMERICA (C. I. 0.) LOCAL
No. 2910
Case No. R--X5802.Decided July 19, 1914
Messrs. John H. Kerr and J. E. Kelley, of Cleveland, Ohio, and
Mr. Robert Murray, of New Haven, Conn., for the Company.
Mr. Edward J. Hilland, of New Haven, Conn., for the Union.
Miss Frances Lopinsky, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by United Steelworkers of America
(C. I. 0.) Local No. 2910, herein called the Union, alleging that a
question affecting commerce had arisen concerning the representa-
tion of employees of American Steel & Wire Company, New Haven,
Connecticut, herein called the Company, the National Labor Relations
Board provided for an appropriate hearing upon due notice before
John W. Coddaire, Jr., Trial Examiner. Said hearing was held at
New Haven, Connecticut, on June 29, 1943. The Company and the
Union appeared, participated, and were afforded full opportunity to
be heard, 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
American Steel & Wire Company is a New Jersey corporation witli
its principal executive offices in Cleveland, Ohio. It operates 17
plants, 1 of which is in New Haven, Connecticut, and is concerned in
this case. The Company is engaged in the manufacture and sale of
51 N. L R . B., No. 85.
440
AMERICAN STEEL & WIRE COMPANY 441
steel and wire products, pig iron, zinc, and byproduct coke. In a
normal year, the New Haven plant uses raw materials consisting
mainly of hot rolled rods, lubricants, and hemp centers of a value
exceeding • $25,000, approximately all of which are purchased from
points outside the State of Connecticut. It turns out finished products
of a value exceeding $1,500,000, approximately 99 percent of which
is shipped to points outside the State of Connecticut.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
United Steelworkers of America, Local No. 2910, is a labor organi-
zation affiliated with the Congress of Industrial Organizations,
admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On or about May 26, 1943, the Union requested recognition as 'the
exclusive bargaining representative of the plant-protection employees,
excluding chief of police, at the Company's New Haven, Connecticut
plant. The Company refused to recognize the Union as such repre-
sentative unless and until it was certified by the Board.
A statement of the Regional Director, introduced in evidence at
the hearing, indicates that the Union represents a-substantial number
of employees in the unit herein found appropriate.'
We find that a question affecting commerce has 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 UNIT
Both the Company and the Union are in agreement that the patrol-
men should be included in the unit and that the chief should be ex-
chided. The Company claims that the sergeants are supervisory em-
ployees and should be excluded. The Union insists that they are not
supervisory employees and should be included.
The plant-protection employees of the Company at its New Haven,
Connecticut, plant comprise 13 patrolmen, 3 sergeants and a• chief,
whose proper title is Supervisor of Safety and Plant Protection and
whose duties are much broader in scope than here supervision of the
plant-protection staff. The sergeants are each in charge of a turn or
i The Union submitted 11 membership cards dated in February , March, and April. --All
Appeared genuine and original and 8 of these appeared on the Company 's pay roll of May
29, 1943, which contained 13 names in the appropriate unit.
442 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
shift. The chief works the first turn of the day and 1 hour of the
second. The record discloses that the sergeants are in complete con-
trol of the patrolmen in their particular turns in the absence of the
chief. They are paid on the same basis as the patrolmen, but at a
higher rate. They exercise a wide discretion, have power to direct
the patrolmen in their duties, and to reprimand them for failure to
perform their work properly. Their recommendations are given con-
sideration in the promotion and tenure of the patrolmen. They attend
meetings of management at which are present supervisory employees
throughout the plant. We find that the 3 sergeants are supervisory
employees and shall exclude them from the unit?
We find that the patrolmen of the Company's New Haven, Con-
necticut, plant, excluding sergeants and the chief of police, 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 an election by secret ballot among the em-
ployees of the Company in the unit found appropriate in Section IV,
above, 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 Relation's
Act, and pursuant to Article III, Section 9, of National Labor Rela-
tions 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 American Steel &
Wire Company, New Haven, Connecticut, an election 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 First 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 of Election, including employees who did
2 SeeyMatter of General Motors Corporation, Delco Remy Dtivision , R-5495, decided June
8, 1943. See also Matter of Aluminum Company of America , 50 N. L . R. B. 380.
AMERICAN STEEIL & WIRE COMPANY 443 ,
not work during such 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 employees who have since quit or been discharged
for cause, to determine whether or not they desire to be represented
by United Steelworkers of America (C. I. 0.) Local #2910, for the
purposes of collective bargaining.