Gary Steel Products Corp.

National Labor Relations Board - Board Decisions

Jun 15, 1960

127 N.L.R.B. 1170 (N.L.R.B. 1960)

1170 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
by reason of such discrimination in the manner prescribed by Board policy and
procedure as set out in the above-cited case.
In the opinion of the Trial Examiner the above-described unfair labor practices
indicate an opposition on the part of the Respondent to the purposes of the Act
generally. Therefore, in order to make effective the interdependent guarantees
in Section 7 of the Act, thereby minimizing industrial strife which burdens and
obstructs commerce, and thus effectuate the policies of the Act, it will be recom-
mended that the Respondent cease and desist from infringing in any manner upon
the rights guaranteed employees by Section 7 of the Act.
Upon the basis of the foregoing findings of fact, and upon the entire record in the
case, the Trial Examiner makes the following:
CONCLUSIONS OF LAW
1. International Union of Electrical, Radio and Machine Workers, AFL-CIO, is
a labor organization within the meaning of Section 2(5) of the Act.
2. By discriminatorily laying off and discharging employees as found herein to
discourage membership in and activity on behalf of the above-named labor organi-
zation, the Respondent has engaged in and is engaging in unfair labor practices
within the meaning of Section 8(a) (3) of the Act.
3. By interfering with, restraining, and coercing employees in the exercise of
rights guaranteed in Section 7 of the Act, the Respondent has engaged in and is
engaging in unfair labor practices within the meaning of Section 8 (a) (1) of the Act.
4. The aforesaid unfair labor practices are unfair labor practices affecting com-
merce within the meaning of Section 2(6) and (7) of the Act.
[Recommendations omitted from publication.]
Gary Steel Products Corporation I and United Steelworkers of
America, AFL-CIO, Petitioner . Case No. 11-IBC-1335. June
15, 1960
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 Lewis Wolberg, hearing
officer. The hearing officer's rulings made at the hearing are free
from prejudicial error and are hereby affirmed 2
Pursuant to Section 3(b) of the National Labor Relations Act, the
Board has delegated its powers herein to a three-member panel [Mem-
bers Rodgers, Bean, and Fanning].
Upon the entire record, the Board finds :
1. The Employer is engaged in commerce within the meaning of the
Act.
'The name of the Employer appears as amended at the hearing
2 The hearing officer referred the following motions to the Board: (a) A motion to
dismiss because the Employer had not received a request for recognition before the peti-
tion was filed ; and (b) a motion to strike the testimony of Petitioner's witness Edward
Weeks because he refused to answer certain questions during cross-examination As
to (a), the filing of the petition itself constitutes a sufficient demand, and as the
Employer declined to recognize the Petitioner at the hearing, the motion to dismiss is
denied, Gordon B. Irvine, 124 NLRB 217, at footnote 3, as to (b), this referral was an
error as the Board's Rules and Regulations, Series 8, as amended, Section 102 66(d) (3),
provide that such motions are directed to the discretion of the hearing officer However,
we do not consider the hearing officer's rulings prejudicial to any of the parties and shall
not strike the testimony, but leave and consider the record as it was made before the
hearing officer. Winn-Dixie Stores, hie, et al , 124 NLRB 908, at footnote 2.
127 NLRB No. 148.
GARY STEEL PRODUCTS CORPORATION 1171
2. The labor organization named below claims to represent certain
employees of the Employer.3
3. A question affecting commerce exists concerning the representa-
tion of certain employees of the Employer within the meaning of
Section 9(c) (1) and Section 2(6) and (7) of the Act.
4. There is substantial agreement as to the composition of the unit,
except that the Petitioner would exclude and the Employer would
include the following categories :
Assistant foreman: This individual works in the welding and as-
sembly department under the supervision of the department foreman.
He does primarily physical work. At times he works with a group
of employees instructing them in the details of manufacture, and
assigning and directing their work in a routine manner. Although
lie is paid a salary, he has no authority to hire, discharge, transfer,
reward, or discipline other employees. He also has no authority
effectively to recommend any such action. Therefore, and as his
instructions and directions to other employees are only those of a
skilled to a less skilled employee, we find that he is not a supervisor
within the meaning of the Act. Accordingly, we shall -include him
in the unit.4
Master mechanic: This employee works in the shop and spends all
of his time repairing machinery. Most of the time he works alone,
although at times someone is assigned to help him. He is hourly paid
and is responsible to the plant superintendent. We find that he is
a maintenance employee and shall include him in the unit.
Planning man: This employee is on salary, works in the shop office
which is located in the plant, and is supervised by the plant super-
intendent. His job is to gather information as to the breakdown
of work needed to be done on a particular job or construction. This
information is then given to various foremen. We find that he is a
plant clerical employee and shall include him in the unit.'
Plant clericals: These employees are hourly paid and work in the
storeroom and shop office. One of them receives and checks out ma-
terial and writes receiving slips and purchase orders. The two others
prepare work tickets and job cost sheets. We shall include them in
the unit as plant clerical employees."
Estimator: This employee does no estimating as his job title implies.
His job is merely to gather information on the cost of material and
3 Subsequent to the hearing the International Brotherhood of Boilermakers made a
motion to intervene for the purpose of appearing on the ballot. The authorization cards
which accompanied the motion postdated the hearing. The motion to intervene is hereby
denied, as the Boilermakers failed to show a representative interest in the employees
involved as of the time of the hearing herein . Transcontinental Bus System, Inc., 119
NLRB 1840, at footnote 3.
4 Individual Drinking Cup Company, Inc., 115 NLRB 947, 948.
6 Gary Steel Products Corporation, 110 NLRB 1192.
0 Gary Steel Products Corporation, supra.
1172 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
labor for certain products from company records. This information
is used by company officials when bidding on jobs. He has a desk in
the main office, located apart from the plant. He enters the plant
only to get certain necessary data. On these facts we find that he is
an office clerical employee and we shall exclude him from the unit.'
Mimeographing and utility man: This employee works in the main
office and operates the mimeograph and blueprint machine. He also
drives a company car shuttling officials and employees to the paint
shop located about 1 mile away. We find that his interests are with
the office clerical employees and shall exclude him from the unit.8
Junior and apprentice draftsmen: These employees work in the
main office and are supervised by the production manager. About 10
percent of their time is spent in the plant testing products and
equipment. They make blueprints or traces for blueprints from
information, sketches, and specifications given them by the production
manager or an engineer. They do not make any designs, nor do they
exercise any discretion or use independent judgment in making their
drawings. There is no educational background requirement to
qualify them for the job. There are no other draftsmen employed.
On these facts and the record as a whole, we find that their interests
are with the office clerical employees and separate and distinct from
those of the production and maintenance employees, and shall ex-
clude them from the unit.
Project engineer: This employee is on salary and is supervised by
the production manager. He designs projects and follows them
through to completion. His duties require the use of independent
judgment and cannot be standardized. He has a college education,
such as the Employer normally requires for the incumbent of this
position. On these facts we find that he is a professional employee.9
As there is no separate showing of interest for this employee we shall
exclude him from the unit and we shall not direct a separate election
to determine his wishes.10
We find that the following employees constitute a unit appropriate
for the purpose of collective bargaining within the meaning of Sec-
tion 9(b) of the Act:
All production and maintenance employees employed at the
Employer's Rocky Mount, North Carolina, plant, including truck-
drivers, paint finishing department employees, testers, warehousemen,
material handlers, toolroom employees, leadmen, inspector-trainees,
the assistant foreman in the welding department, the master me-
chanic, the planning man, and the plant clerical employees, but exclud-
7 Gary Steel Products Corporatwn, supra.
8 Gary Steel Products Corporation, supra.
9 Gary Steel Products Corporation, supra.
10 Cherokee TCTtale Mills, Inc, 117 NLRB 350, 351 ; Koehring Southern Company, 108
NLRB 1131, 1132 ; cf. Continental Can Company, Inc, 122 NLRB 1550.
STAR UNION PRODUCTS COMPANY 1173
ing office clerical employees, the estimator, the mimeographing and
utility man, junior and apprentice draftsmen, the project engineer,
mechanical engineers, inspectors, professional employees, watchmen,
guards, the president, the production manager, the superintendent, the
office manager and purchasing agent, the personnel interviewer, the
foremen in the fabrication, assembly and welding, sheet metal or
skirting, piping and wiring and painting departments, the night shift
foreman, and all other supervisors as defined in the Act.
[Text of Direction of Election omitted from publication.]
Star Union Products Company and International Union of
United Brewery, Flour, Cereal , Soft Drink and Distillery
Workers of America, AFL-CIO, Local Union No. 33 , Petitioner
Star Bottling Company and International Union of United
Brewery, Flour, Cereal , Soft Drink and Distillery Workers
of America , AFL-CIO, Local Union No. 33. Cases Nos. 13-RC-
6487, 13-RC-6678, 13-RC-6489, and 13-IBC-6636. June 15, 1960
DECISION AND DIRECTION OF ELECTIONS
Upon separate petitions duly filed under Section 9(c) of the Na-
tional Labor Relations Act, a consolidated hearing was held before
Julius Draznin, 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 these cases, 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. Local 722 contends that three current collective-bargaining agree-
ments with the Employer bar the petitions filed herein. The Peti-
tioner and District 50 contend that these contracts are not a bar
because they have been prematurely extended.
The original termination dates of the three contracts involved
were : July 1, 1959, August 1, 1959, and September 15, 1959. By
separate extension agreements dated February 5, 1959, each contract
was extended until January 31, 1960. The contracts were thus pre-
'Local 722 , International Brotherhood of Teamsters , Chauffeurs , Warehousemen and
Helpers of America, intervened on the basis of a contractual interest . District 50,
United Mine Workers of America, intervened on the basis of a showing of interest.
Petitioner objected to Local 722's intervention asserting that it was not the successor to
Local 46 which signed the original contracts . Since it appears that the members of
Local 46 voted in open meeting to merge with Local 722, and Local 722 has taken over
all contracts of Local 46 , we find the intervention was properly permitted. Cf. Graphic
Finishers, Inc., 119 NLRB 374.
127 NLRB No. 151.