International Harvester Co.

National Labor Relations Board - Board Decisions

Mar 29, 1945

61 N.L.R.B. 133 (N.L.R.B. 1945)

In the Matter Of INTERNATIONAL HARVESTER COMPANY, WISCONSIN
STEEL WORKS and UNITED STEELWORKERS OF AMERICA, LOCAL UNION
No. 1178, CIO
Case No. 13-R-0800.Decided March 29, 194v5
Messrs. Frank B. Schwarer and Robert E. Dickman, of Chicago,
Ill., for the Company.
Messrs. George E. Miscreant and Sam J. Taylor, of Chicago, Ill.,
for the Steelworkers.
Messrs. Walker Butler and Claude Crowe, of Chicago, Ill., for the
Progressive.
Mr. Paul Bisgyer, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by United Steelworkers of America,
Local Union No. 1178, CIO, herein called the Steelworkers, alleging
that a question affecting commerce had arisen concerning the repre-
sentation of employees of International Harvester Company, Wiscon-
sin Steel Works, 1 Chicago, Illinois, herein called the Company, the
National Labor Relations Board provided for an appropriate hearing
upon due notice before Robert T. Drake, Trial Examiner. Said hear-
ing was held at Chicago, Illinois, on January 25, 26, and 29, and Feb-
ruary 2 and 7, 1945. The Company, the Steelworkers, and Progres-
sive Steel Workers Union (Independent), herein called the Pro-
gressive, appeared and participated. All parties 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 an opportunity to file
briefs with the Board.
1 Name as amended at the hearing.
61 N. L. It. B.; No. 14.
133
134 DECISIONS OF 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
International Harvester Company is a New Jersey corporation with
its general offices at Chicago, Illinois. Prior to the existing national
emergency, the Company's'business consisted of the design, manufac-
ture, assembly, repair, sale, and distribution of motor trucks, indus-
trial tractors, farm tractors, and other farm equipment and supplies.
The Company is still producing a limited quantity of these materials,
but the bulk of its business at the present time is the production of
war materiel for the Army, Navy, and Marine Corps. It operates
plants in Illinois, Wisconsin, Indiana, Ohio, New York, Minnesota,
Tennessee, and California.
This proceeding is concerned solely with its Wisconsin Steel Works
located at Chicago, Illinois, a plant which produces about 1 percent
of the steel produced in the United States. During'1944, the Company
purchased for use in its operations at the said plant raw materials
exceeding $1,000,000 in value, of which approximately 90 percent was
purchased outside the State of Illinois. During the same period, the
products finished at said plant exceeded $2,000,000 in value, of which
more than 40 percent was shipped to points outside the State.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
United Steelworkers of America, Local Union No. 1178, affiliated
with the Congress of Industrial Organizations, is a labor organization
admitting to membership employees of the Company.
Progressive Steel Workers Union (Independent), is a labor organi-
zation admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
By letter dated August 11, 1944, the Steelworkers notified the Com-
pany that it represented a majority of the Company's employees, and
requested a conference for the purpose of negotiating a collective
bargaining agreement. The Company replied that, inasmuch as it
was under contract with a union duly certified by the Board, it would
not recognize the Steelworkers. On December 30, 1944, the Steel-
workers again requested recognition which the Company declined to
grant because of the pendency of this proceeding.
r
INTERNATIONAL HARVESTER COMPANY 135
On September 17, 1942, the Company and the Progressive entered
into an exclusive bargaining contract which provided that it was to
remain in full force and effect until the September 17 next following
the close of hostilities in which the United States was engaged, but,
in any case, until September 17, 1943.2 While the Company, without
taking any affirmative position, requests the Board to determine
whether this contract constitutes a bar, the Progressive argues that it
precludes a present determination of representatives. In a prior pro-
ceeding,3 involving the same parties herein, we had the occasion to
consider the effectiveness of this contract as a bar and rejected the
Progressjve's identical contention. Since the contract is of indefinite
duration, we shall adhere to our former determination and hereby
find that this proceeding is not barred.
A statement of a Board Field Examiner, introduced into evidence
at the hearing, indicates that the Steelworkers represents a substantial
number of employees in the unit hereinafter found appropriate.4 '
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 Steelworkers seeks a unit identical to that heretofore found
appropriate by the Board, namely : all production and maintenance
employees at the Company's Wisconsin Steel Works, including billet
dock loaders and assistant billet dock loaders, but excluding office
clerical employees, plant clerical employees, confidential employees,
plant-protection employees, bricklayers, bricklayer apprentices, work-
ing bricklayer foremen, and supervisory and managerial personnel.5
The Progressive asserts that, in view of the history of collective bar-
gaining, the unit should also embrace office and plant clerical em-
ployees. The Company takes no position with respect to the compo-
sition of the unit, except that it desires the exclusion of employees on
its'managerial roll, among them being rolling supervisors whom the
Progressive, and apparently the Steelworkers, would include.
The unions agree to the inclusion of the employees in the classifica-'
tions listed in Appendix A, and to the exclusion of the employees in
'This contract was modified by a supplemental agreement dated February 11, 1943,
only with respect to the inclusion of union security provisions in conformity with the
established practices of the National War Labor Board.
3 53 N. L. R. B. 734.
4 The Field Examiner reported that the Steelworkers submitted 1,289 membership cards
bearing the names of persons listed on the Company's pay roll of December 31, 1944, which
contained the names of 3,572 employees in the alleged appropriate unit.
The Progressive relies on its contract as proof of its interest in this proceeding.
653 N. L. R. B. 734, and 42 N. L. R. B. 1276 (except that billet dock loaders and
assistant billet dock loaders were not specifically included in the latter decision).
136 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the classifications- listed in Appendix B, both of which are attached
hereto. However, they are in dispute with respect to machinist gang
leaders, the welder gang leader, assistant head loaders, the ladle clerk
and pig machine foreman, the high pressure operator and foreman,
and pit labor leaders, all of whom,the Steelworkers would exclude,
and the Progressive would include. While the Progressive would
also include turn labor leaders, the checker blower leader and mixer
operator, the mould patcher leader and ingot tracer, mould patcher
leaders, and linemen leaders, the Steelworker's position is not clearly
stated with respect to them.
The disputed and doubtful categories will be considered, seriatim.
Offices and plant clerical employees.
The Company employs clerical workers in its numerous operating
and non-operating departments, some of which, such as the accounting,
industrial relations, and engineering departments, are located in the
main office building, and about 20 to 25 others being scattered
throughout the plant. The offices in the plant, like those in the main
office building, have their own clerical staffs of varying sizes which
are supervised by the respective department superintendents. Ap-
parently, most of the main office employees perform their duties in the
main office building. There are some, however, who do not, for
example, production and assistant production clerks assigned to the
various plant offices to assemble cost data for the accounting depart-
ment. Besides, there are other main office employees, such as scalemen
and counters, who regularly discharge their functions in the plant
proper. Turning to the plant office employees, it appears that, while
the work of some is confined to their offices, others have functions
,which bring them into different parts of the plants.
It is plain that the office employees working in the main office
building should be excluded from the proposed production and main-
tenance unit in accordance with our settled practice. However, it is
apparent that no clear line of demarcation can be drawn among the
other clerical employees which would distinguish the employees whose
interests and bargaining problems ally them with production and
maintenance workers, and those employees whose interests and bar-
gaining problems do not. Under the circumstances, we see no reason
to depart from our prior determinations involving this plant, and
shall, therefore, exclude all office and plant clerical employees, despite
6 For the purpose of discussion , technical employees such as draftsmen , tracers, and
blueprinters are included in the main office building group discussed below.
INTERNATIONAL HARVESTER COMPANY 137
the asserted history of collective bargaining which, since 1942, has
been based upon a unit at variance with our former findings.7
Rolling Supervisors 8
They are in direct charge of rolling steel in the finishing mills and
are responsible for the quality and production of these mills. Their
supervision extends over 17 workers on the average, although the
number may vary between 5 and 25 employees. They attend weekly
supervisors' meetings and, as estimated by an officer of the Company,
devote approximately 70 percent of their time to supervisory func-
tions, 10 percent to training employees, 12 percent to administration,
and the balance to repair and maintenance of rolling machines. It
appears that the Company has vested them with authority effectively
to recommend changes in the status of employees under their supervi-
sion. We shall exclude them.
Machinist gang leaders
They are under the supervision of the machine shop foreman. One
of the leaders, Frank Bach, provides for the delivery of materials to
be worked upon by the men in his shop. Another leader, Raymond
Plath, apportions among the employees in the shop, material thus
obtained by Bach. Plath also follows up the work done on this
material and prepares work schedules. These employees do not have
the power t4 change the status of employees or effectively recommend
such action. They will be included.
7 Among the office and plant clericals excluded are : cost, stock, social security , invoice,
general , junior cashier , tonnage, bonus , pay roll, assistant tabulating , distribution , first aid,
employment benefits, and Association clerks , stenographers , typists, telephone operators,
messengers , comptometer operators, key punch operators , the plant engineering depart-
ment stenographer , industrial relations clerks ' and stenographers, the junior card checker,
timekeepers , the timekeeper clerk, production and assistant production clerks, clerks #3
mill , scalemen , counters , stores clerks ( stores office), stenographers and typists ( stores
office ), the receiving clerk ( stores office ), the casting yard receiving clerk, shipping office
clerks , biller, billing clerk, typists and clerks , ditto operators , ditto operator typists, the
Government report clerk , credit union clerks, the secretary to the Labor Management
Committee , the coke plant clerk, the blast furnace clerk-stenographer , the work schedule
clerk, mill office clerk-stenographers , the transportation department clerk, the metal-
lurgical department clerk-stenographer , the chief inspector ' s stenographer , inspection
department typists, clerks , and stenographers, the chipping department clerk, mechanical
superintendent 's clerks, stenographers and typists , electrical superintendent 's clerk,
stenographer and typist , yard superintendent 's clerks , the steam power superintendent's
clerk, loading office clerks , billet dock clerical employees , the machine shop clerk, the
carpenter 's clerk, manifest recorders , clerk to the structural shop foreman , the break-in-
clerk, the clerk of scarfing and chipping dock office , the stenographer-clerk #3 cold drawing
superintendent 's office, stock weighers , the billet dock office typist, and billet dock office
report, relief and manifest clerks.
Also excluded are such technical employees as draftsmen , blueprinters, tracers, junior
tracers , the civil engineer , the assistant civil engineer , and the rodman who works with
the civil engineer taking sights.
Although the unions agree to include shear clerks and tallymen , we shall exclude them
as plant clericals.
8 Prior to September 1, 1944, they were classified as merchant mill rollers
138 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The welder gang leader
He apportions work among 10 or 12 welders under the direction
of the structural shop foreman. He inspects the work of other weld-
ers demonstrating the correct method of doing a particular job, and
about 1 day a week engages in welding work exclusively. Since it
does not appear that the welder gang leader possesses authority to
make effective recommendations regarding the status of employees,
we shall include him.
Assistant head loaders
They are employed in the loading department and, under the direct
supervision of a foreman, check and dispatch cars, and inspect loaded
cars for proper blocking. They do not direct the work of other men
and have no supervisory functions. They will be included.
The ladle clerk and pig machine foreman 10
He serves 3 days a week as pig machine foreman 11 during which
time he exercises supervisory powers within the meaning of our usual
definition. During the other 3 days he dispatches ladles and cars,
and secures the -necessary switching for the furnace. We shall ex-
clude him.
The high pressure operator and foreman 12
He acts as high pressure operator 3 days a week, and,as foreman
the other 3 days with supervisory functions within the meaning of
our customary definition. We shall exclude him.
Pit labor leaders
They supervise the cleaning of pits in the open hearth and the
loading of slag accumulation on cars. They direct between 10 and
15 men about 7 hours a day, and assist the men in manual work
about 1 hour a day. Pit labor leaders have the power to return men
to the foreman if their work is unsatisfactory. They keep records
of the employees on duty and those who fail to report, and furnish
this information to timekeepers. Although they receive the same
hourly pay as the employees under them, pit labor leaders share in
a production bonus which the latter do not. They will be excluded
as supervisory employees.
° Although the Steelworkers would exclude assistant bead loaders , it nevertheless would
include head loaders, who, it appears, do "physical loading."
Eugene F . Erickson
Foremen , it is clear , are supervisory employees within the meaning of our customary
definition.
11 Roman J. Surowiec.
INTERNATIONAL HARVESTER COMPANY 139
Turn labor leaders I
They are in charge of unloading cars for the open hearth, and
supervise 6 to 14 men. They spend about 95 percent of their time
in supervision, and only about 5 percent in manual labor which
merely involves showing the men how certain work should be done.
They may return employees to the foremen, if they fail to perform
their duties properly. While they receive the same hourly rate as
the men under them, they unlike their subordinates, also participate
in a production bonus. Turn leaders have the authority to " 0.K."
time cards when a man works through his lunch hour or desires to
leave early. We shall exclude turn labor leaders as supervisory em-
ployees.
The checker blower leader and mixer operator'13 the mould patcher
leader and ingot tracer, and mould patcher leaders.
The record discloses that these employees are not vested with the
indicia of supervisory authority. We shall include them.
Linemen leaders.
They lead electrical line gangs and perform the more skilled and
specialized jobs. Since they do not have the power to change or
effectively recommend changes in the status of employees, we shall
include them.
We find that all production and maintenance employees at the
Company's Wisconsin Steel Works, including billet dock leaders,
assistant billet dock loaders, machinist gang leaders, the welder gang
leader, assistant head loaders, the checker blower leader and mixer
operator, the mould patcher leader and ingot tracer, mould patcher
leaders, linemen leaders, and the employees in the classifications listed
in Appendix A, attached hereto, but excluding office clerical em-
ployees, plant clerical employees, technical employees, confidential
employees, plant-protection employees, bricklayers, bricklayer ap-
prentices, working bricklayer foremen, the employees in the classifica-
tions listed in Appendix B, attached hereto, rolling supervisors, the
ladle clerk and pig machine foreman, the high pressure operator and
foreman, pit labor leaders, turn labor leaders, and all other super-
visory employees with authority to hire, promote, discharge, dis-
cipline, 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.
13 W. Gilkison
140 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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
employees in the appropriate unit whco 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 14
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 Rela-
tions 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 International
Harvester Company, Wisconsin Steel Works, Chicago, Illinois,,an
election by secret ballot shall be conducted as early as' possible, but
not later than sixty (60) days from the date of this Direction, under
the direction and supervision of the Regional Director for the Thir-
teenth 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 who did not work during said pay-roll period because they
were ill or on vacation or temporarily laid off, and including em-
ployees in the armed forces of the United States who present them-
selves in person at the polls, but excluding those employees 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 they
desire to be represented by United Steelworkers of America, CIO,
Local 1178,1 or by Progressive Steel Workers Union (Independent),
for the purposes of collective bargaining, or by neither.
14 The Company hires high school students who are employed only a few hours during
week ends . We find, in accordance (with the agreement of the unions , that these part-time
employees do not have sufficient interest in the election to entitle them to vote. How-
ever, also in conformance with the understanding of the unions, regularly employed laborers
who may be given less than a full week ' s work shall , nevertheless , be eligible to-vote.
1° The Steelworkers requests that its name appear on the-ballot as set forth in the
direction.
INTERNATIONAL HARVESTER COMPANY 141
APPENDIX A
Stipulated Inclusions
Inspectors
Jr. spark tester
The instrument man and assistant instrument man
First and second mason helpers
Jr. observers
Sr. observers
Janitors
Matrons
The head janitor
The first sampler
The testing, engineer
Routine chemists
Laboratory helpers
Hot shear inspection clerks (Assistants to Hot Shear Inspectors)
Head loaders
Open hearth yardmasters
APPENDIX B
Stipulated Exclusions
Shipkeepers
Doctors
Nurses
The temporary foreman (Schumacher)
The assistant foreman (William Brnjas)
The extra yardmaster
The yardmaster
The assistant stock foreman
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