Bethlehem Steel Co.

National Labor Relations Board - Board Decisions

Jun 17, 1943

50 N.L.R.B. 713 (N.L.R.B. 1943)

In the Matter of BETHLEHEM STEEL COMPANY and UNITED STEEL-
WORKERS OF AMERICA, CIO
Case No. R-5440.-Decided June 17, 1943
Cravath, de Gersdorff, Swaine cQ Wood, by Messrs. C. A. McLain
and E. E. Buchanan, of New York City, appearing specially for the
Company.
Messrs. John P. Harrington and Eugene Maurice, of Johnstown,
Pa., for the Union.
Miss Viola James, of counsel to the Board. -
DECISION
AND -
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon an amended petition duly filed by United Steelworkers of
America, affiliated with the Congress of Industrial Organizations,
herein called the Union, alleging that a question affecting commerce
had arisen concerning the representation of employees of Bethlehem
Steel Company, Johnstown, Pennsylvania, herein called the Company,
the National Labor Relations Board provided for an appropriate hear-
ing upon due notice before Henry Shore, Trial Examiner. Said hear-
ing was held-at Johnstown, Pennsylvania, on May 26, 1943. The Com-
pany 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 Company made two
motions to dismiss the petition, the first on the ground that patrolmen
are not employees within the meaning of the National Labor Relations
Act, and the second on the ground that a unit of patrolmen is not
appropriate for the reason that such employees are a part of manage-
ment. The Trial Examiner referred both motions to the Board. For
the reasons appearing herein, the motions are hereby denied. The
Trial Examiner's rulings are free from prejudicial error and are hereby
affirmed.
Both the Company and the Union filed briefs which the Board has
considered.
50 N. L . R. B., No. 98.• I
713
714 DECISIONS 0'F' NATIONAL LABOR RELATIONS, BOARD
Upon the entire record in the case, the Board makes the following
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
1
i
Bethlehem Steel Company, a Pennsylvania corporation, is engaged
at its Johnstown, Pennsylvania, plant in the manufacture and pro-
duction of various steel products. During the calendar year. 1942,
the aggregate volume of raw materials and other items purchased for
use at the Johnstown plant exceeded 1,000,000 net tons, of which ap-
proximately 45 percent was delivered to the plant from points out-
side the State of Pennsylvania. During the same period the volume
of finished products exceeded 1,000,000 net tons, of which approxi-
mately 70 percent was shipped to points outside the State of Penn-
sylvania. We find that the Company is engaged in commerce within
the meaning of the Act.
IT. THE'ORGANIZATION INVOLVED
United Steelworkers of America, affiliated with the Congress of
Industrial Organizations, is a labor organization admitting to mem-
bership employees of the Company.
III. THE ,QUESTION CONCERNING REPRESENTATION
In April 1943, the Union requested recognition as the exclusive
bargaining representative of the Company's 1 patrolmen. The Com-
pany denied the request in the absence of a certification by the Board.
A statement of the Regional Director, introduced into evidence at
the hearing, indicates that the Union represents a substantial num-
ber of employees in the unit hereinafter found to be appropriate.;
We find that a question affecting commerce has arisen concerning
the representation of employees within-the meaning of Section 9 (c)
and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
The Company, subject to its objections that patrolmen are a part
of management and are not "employees" within the meaning of the
Act, agrees with the Union that all patrolmen of the Company at its
Johnstown, Pennsylvania, plant, excluding the chief of patrol, the
captain, the lieutenants, the sergeants, and the chief clerk and clerks
at the patrol headquarters, constitute an appropriate unit.
1 The Regional Director reported that the Union submitted 149 authorization cards (13
undated, 1 dated in 1941, 31 dated in 1942, and the iemainder dated in 1943), 141 of
-which bore apparently genuine original signatures, and 138 of which bore the names of
persons on the Company's pay roll of April 29, 1943, which listel 291 employees in the
appropriate unit.
BETHLEHEM STEEL COMPANY 715
The patrolmen are the usual plant-protection employees, hired to
protect the company property, prevent trespass, and assist in enforc-
ing company regulations and disciplinary measures. Even though
they are sworn in as Auxiliary Military Police, their working con-
ditions are controlled by the Company, and they are paid by the
Company. They have no supervisory authority with respect to the
wages, hours, or other conditions of employment of the production
and maintenance employees.
The objections of the Company to the present proceedings have
been advanced by the Company in a' previous case in which we
found that a similar group of employees were "employees", within
the meaning of the, Act, and that they constituted a unit appro-
priate for the purposes of collective bargaining,, even though the
union seeking to represent them was also the representative of the
maintenance and production employees.'- Accordingly, we find the
objections of the Company without merit. -
The chief of patrol, the captain, the lieutenants, and the sergeants
exercise supervisory authority over the patrolmen. We shall ex-
clude the chief, the captain, the lieutenants, and the sergeants as
supervisory employees. We shall exclude the chief clerk and clerks
located' at the patrol headquarters as their entire time is spent in
performing clerical duties. They also have access to patrol,files
containing confidential information.
We find that all patrolmen of the Company at its Johnstown,
Pennsylvania, plant, excluding the chief of patrol, 'the captain, the
lieutenants, the sergeants, and the chief clerk and clerks at the
patrol headquarters, constitute a unit appropriate for the purposes
of collective bargaining within the meaning of Section 9 (b) of the
Act.
V. TIIE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among the
employees in the appropriate unit who were employed during the
pay-roll period immediately preceding the date of our Direction of
Election, subject to the limitations and additions set forth therein.3'
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 Re-
2Matter of Bethlehem Steel Company , Shspbutldtng Division ( East Boston Fools), 50
N L R B 172 , and cases cited therein See also Matter of Bethlehm Steel Company,
46 N L R B 794; and illattei of Chrysler Corporation, Huphland Park Plant, 44
N L. R. B 881, and cases cited therein
a The Union requested that it appear on the ballot as "United Steelworkers of America,
Local 2866 , affiliated with the C. I . 0 " The request is hereby granted
716 DECTSLPONS OF NAYJ.11ONAL LABOR R:ESA PIONS BOARD
lations 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 repre-
sentatives for the purposes of collective bargaining with Bethlehem
Steel Company,-Johnstown, Pennsylvania, an election by secret bal ,
lot shall, be conducted as early as possible, but not later than thirty
(30) days from the date of this Direction, under the direction and
supervision of the Regional Director for the Sixth 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, 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 per-
son at, the polls, but excluding any who have since quit .or been dis-
charged for cause, to determine. whether or not they desire to be
represented by United Steelworkers of America, Local 2866, affiliated
with the C. I. 0., for the purposes of collective bargaining.