Bethlehem Steel Co.

In the Matter of BETHLEHEM STEEL COMPANY, SHIPBUILDING DIVISION, BALTIMORE YARD, and LOCAL 24, INDUSTRIAL UNION OF MARINE AND SHIPBUILDING WORKERS OF AMERICA, AFFILIATED WITH THE C. I. O. Case No. R-4359.-Decided October 28, 1942 Jurisdiction : shipbuilding and repairing industry. Investigation and Certification of Representatives : existence of question; stip- ulation that Company refused to accord petitioner recognition on ground that proposed unit was inappropriate ; election necessary. Unit Appropriate for Collective Bargaining : all hourly paid corporals and watchmen at one of Company's yards. Mr. Keith W. Blinn, for the Board. Mr. John L.'Wynne, of Bethlehem, Pa., for the Company. Mr. Lucian Koch and Mr. Robert Smith, of Baltimore, Md., for the Union. Mr. Robert E. Tillman, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by Local 24, Industrial Union of Marine and Shipbuilding Workers of America, affiliated with the C. I. 0., herein called the Union, alleging that a question affecting, commerce had arisen concerning the representation of employees of Bethle- hem Steel Company, Shipbuilding Division, herein called the Com- pany, at its Baltimore Yard, Baltimore, Maryland, the National Labor Relations Board provided for an appropriate hearing upon due notice before Earle K. Shawe, Trial Examiner. Said hearing was held at Baltimore, Maryland, on October 8, 1942. 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. The Trial Examiner's rulings made at the hearing are free from prejudicial error and are hereby affirmed. Upon the entire record in the case, the Boa-rd makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Bethlehem Steel Company, Shipbuilding Division, is a Pennsyl- vania corporation engaged in the business of building and repairing 45 N L. R B, No. 20. - 92 BETHLEHEM STEEL COMPANY 93 ships. At the Baltimore Yard, which alone is involved in this pro- ceeding, the Company repairs ships. During the year 1941 at this -Yard the Company-used-raw materials valued in excess of $1,000,000, of- which over 50 percent was shipped to- the Yard from outside the State of Maryland. During the same period over half of the ships repaired there by the Company were destined for use in interstate and foreign commerce. The Company admits that in its operations at the Baltimore Yard it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATION INVOLVED - Local 24, Industrial Union of Marine and Shipbuilding Workers of America, is a• labor organization affiliated with the Congress of Industrial Organizations. It admits to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The parties, stipulated that on or about June 20, 1942, the Union advised the Company that it represented a majority of the employees in the alleged appropriate unit and that the Company refused to recognize the Union on the ground that the proposed unit was inappropriate. A Statement of the Acting Regional Director, introduced in evi- dence at the hearing, indicates that the Union represents a substan- tial number of employees-in-the unit-hereinafter found appropriate.' 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 requests a unit of all hourly paid corporals and watcli- men employed at the Baltimore Yard of the Company. The Com- pany's position is, first,,that the proposed unit is inappropriate be- cause the duties, of watchmen` • and, corporals are closely related to management, and certification of the Union, which now represents its production and maintenance employees, would result in divided allegiance, and, second, that if a unit of watchmen is found appro- priate, then corporals should be excluded therefrom as supervisory employees. •- - - ' The Acting Regional Director stated that the Union submitted to him 163 authorization cards, of which 129 bore signatures which were names of persons whose names appeared on the Company, s' pay toll for July 4, 1942, «hich listed 285 employees in the unit herein- after found appropriate.",,"., - ` 94 DECISIONS OF NATIONAL LABOR RELATIONS BOARD The Company has a plant-protection division, under which are 3 departments-the air raid, the fire, and the police departments. Watchmen or guards and their supervisors comprise the police depart- ment. At the time of the hearing there were 398 watchmen, 19 cor- porals, 10 sergeants, 3 lieutenants, 1 captain, and 1 chief of police. The Yard is divided into 6 police areas. Watchmen are posted in each area and have as their principal duties the protection of plant property and ships and the maintenance of the rules and regulations promulgated by the Company. The watchmen report such rule infractions by other employees as smoking, drinking; gambling, and sleeping on the job. On September 10, 1942, the members of the police department were sworn in as reserves in the United States-Coast Guard, the principal object being to constitute them an emergency force to aid in repelling possible invasion attempts. This resulted in no change in pay, duties, working conditions, or supervision. The Company does not set up the membership of its watchmen in the Coast Guard Reserve as a reason in support of its contention that- the- proposed unit is inappropriate. We have previously held, in spite of the peculiar relationship which watchmen bear to management; that they are not to be denied any of the rights or privileges granted under Section 7 of the National Labor Relations Act, even though they choose to be repre- sented by a labor organization representing, the production and main- tenance employees.2 This proceeding presents no new fact situation in that regard. We find, therefore, that the Company's first conten- tion is without merit. The Company contended further that if a unit of watchmen were found appropriate then corporals should be excluded from the unit as supervisory employees. The corporals hold a rank immediately above that of watchmen.' They receive 83 cents an hour, as compared to the watchmen's rate of 801/2 cents an hour; all men in ranks above that of corporal are paid by salary. The duties of corporals are to assign groups of watchmen to their postsf to-make-regular rounds of the posts; to transmit instructions to the watchmen, and, in general, - to be responsible for the efficient performance of the watchmen under them. Corporals have no power to hire or discharge watchmen. Final authority to discharge rests with the superintendent of the -plant-protection division. Sergeants normally have the power to remove watchmen from their posts for disciplinary purposes, and corporals are expected to perform this function in the absence of their sergeants. Matter of Chrysler Corporation, Highland Park Plant and Local 114, United Automobile, Aircraft and Agricultural Implement Workers of America, affiliated with the C: I. 0., 44 N. L. R. B. 881, and subsequent cases. BETHLEHEM STEEL COMPANY 95 We find that corporals bear a relationship to watchmen similar to that existing between lead men and production workers. On the basis of all the evidence, we shall include corporals in the appropriate unit.3 It is the practice of the Company and the Union, in their bargain- ing relations as to other employees- at this plant and at other plants, to exclude salaried employees. In accordance with this practice the parties stipulated, and we find, that salaried watchmen and corporals should be excluded from the unit. We find that all hourly paid corporals and watchmen at the Balti- more Yard of the Company 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 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 who were employed during the pay-roll period immediately preceding the date of our Direction of Election, subject to the limitations and additions set forth therein. 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 Rela- tions Act, 49 Stat. 449, 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 part of the investigation to ascertain representa- tives for the purposes of collective bargaining with Bethlehem Steel Company, Shipbuilding Division, at its Baltimore Yard, Baltimore, Maryland; 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 of Election, under the direction and supervision of the Regional Director for the Fifth 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 employed during the pay-roll period immediately preceding the date of this Direction, including employees who did not work 8 On June 13 , 1941 , after a consent election , the Regional Director certified the Union as the collective bargaining representative of the production and maintenance employees at the Baltimore Yard. This,unit includes hourly paid supervisors , among them being the hourly paid supervisors of the fire department. 96 DECISIONS OF NATIONAL LABOR RELATIONS BOARD during such pay-roll period because they were ill or on vacation or in the active military service or training of the United States, or temporarily laid off , but excluding any who have since quit or been discharged for cause, to determine whether or not they desire to be represented by Local 24, Industrial Union of, Marine and Shipbuild- ing Workers of America ,, affiliated with the C. I. 0., for the purposes of collective bargaining. MR. GF,RARD D. RFZLLY took no part in the consideration of the above Decision and Direction of Election.