National Can Corp.

National Labor Relations Board - Board Decisions

Apr 9, 1947

73 N.L.R.B. 270 (N.L.R.B. 1947)

In the Matter of NATIONAL CAN CORPORATION, EMPLOYER and UNITED
e
STEELWORKERS OF AMERICA, CIO, PETITIONER
Case No. 6-R-16,00.Decided April 9, 1947
Messrs. Mark Lauter and Howard E. Boam, of New York City, for
the Employer.
Mr. Philip M. Curran, of Pittsburgh, Pa., and Mr. Joseph, Koeval,
.of McKeesport, Pa., for the Petitioner.
Mr. Stanley R. Strauss, of counsel to the Board.
DECISION
AND
CERTIFICATION OF REPRESENTATIVES
Upon a petition duly filed, the National Labor Relations Board on
December 12, 1946, conducted a prehearing election among employees
of the Employer in the alleged appropriate unit, to determine whether
,or not they desired to be represented by the Petitioner for the purposes
.of collective bargaining.
At the close of the election a Tally of Ballots was furnished the
parties. The Tally shows that there were approximately 53 eligible
voters, 51 of whom cast ballots; that 41 votes were cast for, and 5 votes
against, the Petitioner; and that 5 ballots were challenged.
Thereafter, a hearing was held at Pittsburgh, Pennsylvania, on
February 7, 1947, before Henry Shore, 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 the case, the National Labor Relations
Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE EMPLOYER
National Can Corporation, a Delaware corporation, engaged in the
manufacture of tin cans and related products, operates plants in six
States. This proceeding is concerned only with the McKeesport,
Pennsylvania, plant, where the Employer is engaged in the manu-
facture and lacquering of tin plate and other materials. During the
73 N. L. R. B., No. 52.
270
NATIONAL CAN CORPORATION 271
past 12-month period, the Elliployer purchased for its McKeesport
plant raw materials, valued in excess of $100,000, of which approxi-
mately 10 percent came from outside Pennsylvania. During the same
period, the Employer sold products finished at the McKeesport plant,
valued in excess of $200,000, of which approximately 60 percent was
sold outside the State.
The Employer admits and we find that it is engaged in commerce
within the meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
The Petitioner is a labor organization affiliated with the Congress
of Industrial Organizations, claiming to represent employees of the
Employer.
III. THE QUESTION CONCERNING REPRESENTATION
The Employer refuses to recognize the Petitioner as the exclusive
bargaining representative of employees of the Employer until the
Petitioner has been certified by the Board in an appropriate unit.
We find that a question affecting commerce has arisen concerning
the representation of employees of the Employer, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. TIIE APPROPRIATE UNIT
The Petitioner seeks a unit consisting of all production and mainte-
nance employees engaged in the manufacturing and lacquering of
tin plate and other materials at the Employer's McKeesport, Penn-
sylvania, plant, excluding clerical and salaried employees, policemen,
watchmen, foremen, and all other supervisory employees. The par-
ties, while otherwise agreed with respect to the unit, disagree regarding
the inclusion of five employees, hereinafter discussed, who work in
the lithographic department of the McKeesport plant.
The lithographic department is set up in one room and contains three
machine units situated about 25 feet apart; two of the units consist of
a coating machine, an automatic feeder, and an oven; the third unit
consists of a coating machine, an oven, and a lithographic press. The
coating machines are used to apply a protective coating to tin plate
designed for manufacture into food containers. The lithographic
press is used, in part, to decorate the material already processed by
the three coating machines. Another plant department, the tin plate
sorting department, is situated in an adjacent building, and sorts,
slits, and bundles the tin plate.
Charles Gilchrist : Gilchrist, who is head of the lithographing de-
partment, is classified as "lithographic pressman and foreman," and is
the regular operator of the lithographic press. In the plant hier-
739926-47-vol. 73-19
272 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
archy, he occupies a position immediately beneath that of the plant
manager. In conjunction with the operation of the lithographic
press, Gilchrist oversees personnel working on the adjacent coating
machines and ovens. On occasion, his authority has been extended
to include employees in the tin plate, sorting department. He has
power to make effective recommendations regarding the hire, dis-
charge, and disciplining of employees. Accordingly, we find that
he is a supervisory employee within the Board's customary definition
of that term,' and we shall exclude him from the unit.
Mary Polak : Polak, classified as a "feeder," is a semi-skilled worker
who washes; and feeds metal to the lithographic press. She is the
only employee who feeds the press. The Employer contends that this
fact prevents any community of interest between Polak and other
production and maintenance employees. The record discloses that
feeders have been bargained for as a part of a separate lithographic
group in one of the plants operated by the Employer. There is no
collective bargaining history concerning the employees in the McKees-
port plant, and no other labor organization has sought to represent
them. Polak's employment status, by rate of pay and hours of work,
is similar to those of other employees in the lithographing department.
The record shows that there is a close relationship, both of contiguity
and function, between the work performed by Polak on the litho-
graphic press and that of other production and maintenance employees
in the plant, especially those working on the coating machines and
ovens adjacent to the press. Accordingly, we shall include her in the
unit.'
Ralph Allen, Andrew Baran, and Kenneth Dry: These employees
are classifed as "coaters," and operate coating machine units with the
assistance of two helpers. In the course of two of the three daily
shifts, any one of the three is also charged with over-all responsibility
for the operations of an adjacent unit that is being operated by one of
the plant's less experienced "coaters." At such times, with rare
exceptions, none of the Employer's admittedly supervisory personnel
is in the plant. Allen, Baran, and Dry are granted limited disciplin-
ary power, but any action taken pursuant thereto is subject to the
independent investigation and approval of the plant superintendent.
The Employer contends that these employees should be excluded
from the unit because they are working foremen with supervisory
powers. None of the three has the authority to hire or discharge, or
otherwise make effective recommendations affecting the status of their
subordinates. We find that the three employees are not supervisory
employees, and we shall include them within the unit.
' Matter o f Douglas Atircraft Company , Inc., 50 N L. R. B 784.
2 Cf. Matter of American Can Company, Southern, 43 N L R B 838
NATIONAL CAN. CORPORATION 273
We find that all production and maintenance employees at the
Employer 's McKeesport , Pennsylvania , plant, including the litho-
graphic press feeder and the coaters , but excluding clerical and salaried
employees , policemen , watchmen, the lithographic pressman, fore-
man, and all other supervisory employees with authority to hire,
promote, discharge , discipline , or otherwise effect changes in the status
of employees , or effectively recommended such action , 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
As stated above, the Tally of Ballots shows that of 51 ballots cast
in the election, held before the hearing, 41 votes were cast for, and
5 votes against, the Petitioner. Five of the ballots cast, those of
Charles Gilchrist, Mary Polak, Ralph Allen, Andrew Baran, and
Kenneth Dry, were challenged. In accordance with the findings
set forth in Section IV, supra, we hereby sustain the challenge to the
ballot cast by Gilchrist, and overrule the challenges to the other ballots.
As the Petitioner secured a majority of the votes cast by the eligible
employees in the unit found appropriate in Section IV, irrespective of
the uncounted ballots of Polak, Allen, Baran, and Dry, we shall not
direct that their ballots be opened and counted. We shall certify the
Petitioner as the collective bargaining representative of all the em-
ployees in the appropriate unit.
CERTIFICATION OF REPRESENTATIVES
IT Is HEREBY CERTIFIED that United Steelworkers of America, C. I. 0.,
has been designated and selected by a majority of all production and
maintenance workers at the McKeesport, Pennsylvania, plant of Na-
tional Can Corporation, including the lithographic press feeder and
the coaters, but excluding clerical and salaried employees, policemen,
watchmen, the lithographic pressman, foremen, `and all other super-
visory employees with authority to hire, promote, discharge, discipline,
or otherwise effect changes in the status of employees, or effectively
recommend such action, as their representatives for the purposes of
collective bargaining and that, pursuant to Section 9 (a) of the Act,
the said organization is the exclusive representative of all such em-
ployees for the purposes of collective bargaining with respect to rates
of pay, wages, hours of employment, and other conditions of employ-
ment.
CHAIRMAN HERZOG took no part in the consideration of the above
Decision and Certification of Representatives.