Youngstown Sheet and Tube Co.

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.