Youngstown Sheet and Tube Co.

National Labor Relations Board - Board Decisions

Feb 8, 1943

47 N.L.R.B. 391 (N.L.R.B. 1943)

In the M fitter of YOITNGSTOWN SHEET AND TUBE COMPANY ( INDIANA
HARBOR PLANT), and UNITED STEELWORKERS OF AMERICA , LOCAL 2775
(C.I.O.)
Case No. R-4766.Decided February 8, 1943
Jurisdiction : metal products manufacturing industry.
Investigation and Certification of Representatives : existence of question: re-
fusal to accord petitioner recognition ; election necessary.
Unit Appropriate for Collective Bargaining : property protection employees at
one of Company's plants, excluding the superintendent, captains. subcaptain,
confidential clerk, and sergeants.
Pope d Ballard, by Mr. Ernest S. Ballard and Mr. C. R. Kaufmman,
,of Chicago, Ill., for the Company.
Mr. L. H. Thorizton, of East Chicago, Ind., for the U. S. A.
Mr. Wallace E. Royster, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by United Steelworkers of America, Local
2775 (C. I. 0.), herein called the U. S. A., alleging that a question
affecting commerce had arisen concerning the representation of em-
ployees-of-Youngstown Sheet and Tube Company (Indiana Harbor
Plant), East Chicago, Indiana, herein called the Company, the Na-
tional 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 15, 1943. The Company
and the U. S. A. appeared, participated, and were afforded full oppor-
tunity to be heard, to examine and cross-examine witnesses, and to
introduce evidence bearing on the issues. The Trial Examiner's rul-
ings made at the hearing are free from prejudicial error and are
hereby affirmed. The U. S. A. has filed a brief which the Board
has" considered.
47 N L. R. B , No 51.
391
392 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Upon the entire record in the case, the Board makes the -following :
FINDINGS OF FACT
1. THE BUSINESS OF THE C031PANY
Youngstown Sheet and Tube Company is an Ohio corporation with
its"general offices, in Youngstown, Ohio. It operates a plant in East
Chicago, Indiana, known as the Indiana Harbor Plant. The Company
is engaged in the manufacture, processing, sale, and distribution of
'iron, steel, and other metal products. The raw materials used by the
Company at the Indiana Harbor Plant include iron ore, coal, lime-
stone, fuel oil, and other materials. During the year 1941 the Com-
pany purchased raw materials of a value in excess of $5,000,000, of
which more than 50 percent, in dollar value, was received at the Indiana
Harbor Plant from points outside the State of Indiana.' During the
same year, the Company sold finished products, manufactured at the
Indiana Harbor Plant, having a value in excess of $10,000,000, of which
more than one-half in dollar value was sold and shipped to points
outside the State of Indiana. -
The Company does not contest the jurisdiction of the Board in this
proceeding and we find that the Company is engaged in commerce
within the meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
United Steelworkers of America, Local 2775,'afiliated with the Con-
gress of Industrial Organizations, is a labor organization admitting to
membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
- On September'3, 1942, the U. S. A. advised the Company that a
majority of the watchmen at the Indiana Harbor Plant were members
of the U. S. A. and requested recognition. The Company^in its letter
of September 14, 1942, refused recognition and sugges'ted an election
under the direction of the Board.
The statement, of the Regional Director, introduced into evidence,
indicates that the U. S. A. represents a substantial number of em-
ployees in the unit hereinafter found appropriate.'
The employees claimed by the U. S. A. are not now represented for
the purposes of collective bargaining .2
' The Regional Directoi • reported that the U S. A. subimtted 81 designations of which
,78 bore apparently genuine , original signatures . Fifty-eight of the 78 bore the names of
persons appearing on the Company 's pay roll of December 4, 1942, which listed the names
of 100 persons in the appropriate unit I Thirteen designations ' were undated and the
remainder were dated variously in the period from April 1, 1941, through June 30, 1942.
2 on September 23, 1941, Steel Workers Organizing Committee , the predecessor of the
U. S. A , was certified by the Board as the representative , for the purposes of collective
bargaining , of production and maintenance employees of the Company at several plants,
including the Indiana Harbor Plant . The certification excluded certain classes of em-
ployees, among them watchmen. 35 N. L. R. B. 660.
YOUNGSTOWN SHEET AND TUBE COMPANY 393
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company at the Indiana Harbor
Plant within the meaning of Section 9 (c) and Section 2 (6) and (7)
of theAct.
IV. THE APPROPRIATE UNIT
The parties are agreed that a unit of property-protection employees,
excluding the superintendent, captains, subcaptain, and confidential
clerk, is appropriate. The,only dispute concerns the sergeants, the
U. S. A. claiming they should be included whereas the Company would
exclude them.
The U. S' A. contends that the 6 sergeants should be included be-
cause 4 of them are members of the U. S. 'A., they perform' duties
similar to, those of patrolmen for a-substantial portion of each shift,
are paid on an hourly basis, work an 8-hour day and a 40-hour week,
and have, the same vacation privileges as patrolmen. However, each
sergeant directs the work of from 5 to 14 plant-protection employees
and assigns them to certain duties and posts. ' The sergeants are a
part of the "echelon of command" set up at the direction of the mili-
tary authorities and as such are entrusted, upon occasion, with infor-
mation of a confidential character which is not disseminated generally
to the patrolmen. The Company, therefore, asserts that sergeants are
comparable to foremen and urges that the exclusion of the sergeants
will contribute to the maintenance of proper discipline.
We find that sergeants spend a substantial portion of their time in
the performance of supervisory duties. In accordance with our usual
policy as to supervisory employees, we shall exclude the sergeants
from the unit.
In view of the foregoing, we find that all property-protection em-
ployees of the Company at the Indiana Harbor Plant, East Chicago,
Indiana, excluding the superintendent, captains, subcaptain, confiden-
tial clerk, and sergeants, 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 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
I
394 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 a part of the investigation to ascertain represent-
atives for the purposes of collective bargaining with YoungstowIL
Sheet and Tube Company, ( Indiana Rai •bor Plant ), East Chicago,,
Indiana, 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 Direc-
tor for the Thirteenth 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 all employees of the Company
in the unit found appropriate in Section IV, above, who were em-
ployed '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 person at the polls , but excluding any
who have since quit or been discharged for cause , todeteriiiiiie wli'etlier
or not they desire to be represented by United Steelworkers of America,
Local 2775 , ( CJ.- 0.), for the purposes of collective bargaining.