Bethlehem Steel Co.

National Labor Relations Board - Board Decisions

Jan 2, 1945

59 N.L.R.B. 1376 (N.L.R.B. 1945)

In the Matter of BETHLEHEM STEEL-COMPANY, SHIPBUILDING DIVISION
(HOBOKEN YARDS) and UNITED OFFICE & PROFESSIONAL WORKERS OF •
AMERICA, LOCAL No. 7, AFFILIATED WITH THE CONGRESS OF INDUSTRIAL
ORGANIZATIONS
Case No. 2-R-5136.Decided January 2, 1945
Mr. Gerald J. Reilly, of Bethlehem, Pa., and-Mr. Edward J. Ul6er,
of Hoboken, N. J., for the Company.
Rothbard ct Talisman, by Mr. Bernard C, herny, of Newark, N. J.,
for the Union.
Miss Virginia A. Miller, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon an amended petition duly filed by United Office & Profes-
sional Workers of America, Local No. 7, 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, Shipbuilding -Division
(Hoboken Yards),' Hoboken, New Jersey, herein called the Com-
pany, the National Labor Relations Board provided for an appropri-
ate hearing upon due notice before John J. Cuneo, Trial Examiner.
Said hearing was held at Jersey City, New Jersey, on November 27,
1944. 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. At the
commencement of the hearing the Company made a motion to dismiss
the petition on the ground that the employees here involved did not
constitute an appropriate unit because of the nature of the duties of
such employees.' Ruling was reserved for the Board. For reasons
At the hearing, the name of the Company was amended to read as above set forth.
s The Company representative also stated on the record that he was appearing specially,
in accordance with the Company's position that since the employees involved had man-
agerial responsibilities and were not employees within the meaning of the Act, the Board
lacked jurisdiction , the reasons advanced being identical with those upon which the motion
to dismiss the petition was based.
59 N. L. R. B., No. 254.
1376 -
BETHLEHEM - STEEL COMPANY 1377
Ihereinafter set forth, the motion is hereby denied. The Trial Exam-
iner's rulings made at the hearing are free from prejudicial error and
are hereby affirmed. All parties were afforded an 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
Bethlehem Steel Company is a Pennsylvania corporation having
,offices in New York City. The Shipbuilding Division of the Company
is engaged at its shipyard located in Hoboken, New Jersey, known as
the Hoboken Yard, and elsewhere, in the repair, alteration, and con-
version of ships. The Hoboken Yard is the only yard here involved.
During 1943, the aggregate value of materials used by the Company
at its Hoboken Yard was in excess of $1,000,000, of which more than
90 percent was shipped to the Yard from points outside the State of
New Jersey. During the same period, the aggregate amount billed by
the Company for work at the Yard was in excess of $1,000,000, of
which more than 90 percent was with respect to work on ships des-
tined for use in interstate and foreign commerce or for the United
States Government.
The Company, concedes that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
United Office & Professional Workers of America, 'Local No. 7,
affiliated with the Congress of Industrial Organizations, is a labor
organization admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the Union as the
exclusive bargaining representative of the employees in the alleged
appropriate unit until the Union has been certified,by the Board in
an appropriate unit.
, A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that the Union represents a substantial number of
employees in the unit hereinafter found appropriate.3
8 The Field Examiner reported that the Union submitted 24 application authorization
cards which bore apparently genuine original signatures ; that the names of 22 persons
appearing on the cards were listed on the Company 's pay roll , 7 appearing on pay roll for
the month of September 1944, and 15 appearing on pay roll for the month , of October 1944,
during which period the pay roll contained the names of 47 employees in the alleged
appropriate unit.
1378 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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
The Union seeks a unit composed of all timekeepers employed at
the Hoboken Yard.4 In opposing the proposed unit, the Company
contends that timekeepers perform managerial functions, are not em-
ployees within the meaning of the Act and are, therefore, not within
the jurisdiction of the Board. However, both parties are in agree-
ment that, if the Company's contention falls, the unit should consist
of all timekeepers employed at the Hoboken Yard, excluding the head
timekeeper, supervisory timekeepers, and acting supervisory time-
keeper, and have so stipulated.
There are approximately 66 timekeepers employed at the Hoboken
Yard, under the supervision of a head timekeeper who in turn is re-
sponsible to the chief clerk of the accounting department under which
the timekeeping section operates. The head timekeeper is assisted
by two supervisory timekeepers and one acting supervisory timekeeper.
In substance, the duties of the timekeepers are concerned with com-
piling information relating to attendance and hours of employment of
the production and maintenance employees, thereby enabling other
departments of the Company to prepare pay rolls and allocate pro-
duction costs. In pursuance of these duties, the timekeepers check
employees through the gates at the beginning and end of each shift.
During the shift, the timekeepers go through the yard, making records
verifying employees presence at the particular work assigned, and
tabulating piece work, entering such data on a tally form. If a ship
is being repaired outside the yard, timekeepers are assigned to those
vessels to perform similar duties. The remainder of their work day
is devoted to diversified clerical routine in correlating and posting
the information thus gathered, and occupies approximately one-third
of their time.
The Company's contention that the timekeepers perform managerial
functions is not supported by the record. They do not fix rates or
wages, assign employees to specific jobs, nor direct their work; neither
do 'they make any report or recommendation relative to quantity or
quality of an employee's work; in.the tabulation of piece work, should
a disagreement arise, it is determined 'by the foreman. The time-
keepers do not have access to information concerning the earnings'of
4 The timekeepers were specifically excluded from the unit consisting of production and
maintenance employees established by the Board ( 14 N L R B . 169) The Union herein
is the certified bargaining representative of a unit composed of clerical employees, which
unit also specifically excludes timekeepers ( 52 N L R B 190)
BETHLEHEM STEEL COMPANY 1379
other employees, and though they have some knowledge of the nature
of the work being done,by the Company, the record is clear that they
do not possess information pertaining directly to labor relations.
Further, the record does not disclose that timekeepers are charged
with ally administrative discretion nor that they have been entrusted
with any degree of managerial authority. Accordingly, we find that
a unit consisting of time clerks is appropriate for the purposes of
collective bargaining.5
We find that all timekeepers at the Company's yards at Hoboken,
New Jersey, but excluding the head timekeeper, the supervisors and
the acting supervisor, and all or any other supervisory employees with
authority to hire, promote, discharge, discipline, or otherwise effect
changes in the status of employees, or effectively recommend such
action, constitute a unit appropriate for the purposes of collective
bargaining within the meaning of Section 9 (b) of the Act.
V. THE DEIERMINATION 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 in the appropriate unit 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 Relations Act,
and pursuant to Article III, Section 9, of National Labor Relations
Board Rules and Regulations-Series 3, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Bethlehem Steel
Company, Shipbuilding Division (Hoboken Yard), New Jersey, 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 supervision of the Regional Director for the Second
Region, acting in this matter as agent for the National Labor Relations
Board, and subject to Article III, Sections 10 and 11, 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
e See Matter of American Brass Company, N. L. R. B . 1331 ; Matter of Sullivan
Drydock. and Repair Corporation , 56 N L R B , 582; Matter of Bethlehem Steel Company,
Staten Island Yard, 46 N L R B. 1166 , Matter of Chrysler Corporation, New Castle
Division , 55 N. L. R B 1215.
1380 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
who did not work during the 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
person at the' polls, but excluding any who have since quit or been
discharged for cause and have not been rehired or reinstated prior to
the date of the election, to determine whether or not they desire to be
represented by United Office & Professional Workers of America, Local
No. 7, affiliated with the Congress of Industrial Organizations, for
the purposes of collective bargaining.
CFIAIRMAN MILLIS took no part in the consideration of the above
Decision and Direction of Election.