Bethlehem Steel Co.

In the Matter of BETHLEHEM STEEL COMPANY and OFFICE EMPLOYEES UNION #22244, AMERICAN FEDERATION OF LABOR Case No. R-5798.Decided August 26, 191j3 Cravatit, DeGersdorff, Swaine & Wood, by Mr. E. E. Buchanan, of New York City, for the Company. ' Mr. Jacob Friedland, and Mr. Johan L. Saqui, of Jersey City, N. J., for the A. F. of L. Mr. Samuel' L. Rotiibard, of Newark, DT. J., for the C. I. O. Miss Melvern R. Krelow, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by Office Employees Union #22244, American Federation of Labor, herein called the A. F. of L., alleging that a question affecting commerce had arisen concerning the repre- sentation of employees of Bethlehem Steel Company, Hoboken, New Jersey, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Frederick R. Livingston, Trial Examiner. Said hearing was held at Jersey City, New Jersey, on August 5, 1943. The Company, the A. F. of L.,' and United Office & Professional `Yorkers of America, Local No. 7, affiliated with the Congress of Industrial Organizations, herein called the C. I. 0., appeared, participated, and were afforded full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues.- At the commence- ment of the hearing, the Company made a motion to dismiss the pe- tition on the ground that the employees here involved did not consti- tute an appropriate unit because of the nature of the duties of such employees. The Trial Examiner reserved ruling. For reasons here- inafter set forth, the motion is hereby denied. The Trial Examiner's rulings made at the hearing are free from prejudicial error and are hereby affirmed. All parties were afforded opportunity to file briefs with the Board. 52 N. L R. B, No. 29 190 BEfI' LEIIEM STEEL COMPANY 191 Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT .I. THE BUSINESS OF THE COMPANY Bethlehem Steel Company is a Pennsylvania corporation having its offices for its Shipbuilding Division in New York City. The Ship- building Division of the Company is engaged at its shipyard located in I1^boken, New Jersey, known as the Hoboken Yard in the repair, alteration, and conversion of ships. The Hoboken Yard is the only Yard here involved. During 1942, the aggregate value of materials used by the Company at its Hoboken Yard was in excess of $1,000,000, of which more than 90 percent was shipped to the Yard from points outside the State of New Jersey. During the same period, the ag- gregate amounts billed by the Company for work at the Yard was in excess of $1,000,000, of which more than 90 percent was billed with respect to work on ships which were destined for use in interstate and foreign commerce or for the United States Government. H. THE ORGANIZATIONS INVOLVED Office Employees Union #22244, is a labor organization affiliated with the American Federation of Labor, admitting to membership employees of the Company. United Office & Professional Workers of America, Local No. 7, is a labor organization affiliated with the Congress of Industrial Organi- zations, admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The parties stipulated that a question concerning representation has arisen in that the Company will not bargain with any union unless and until it has been certified by the Board. A statement of the Regional Director, introduced in evidence at the hearing, indicates that the A. F. of L. and the C. I. O. each,repre- sents a substantial number of employees in the unit hereinafter found to be appropriate., 'The Regional Director reported that the A F. of L. submitted 67 authorization cards, of which 57 bear the names of employees whose names appear on the Company's pay roll. All 57 cards,bear apparently genuine signatures; 18 dated between February and May 1943; 39 undated. The Regional Director further reported that the C I. 0 submitted 68 application cards, of which 47 bear the names of employees whose names appear on the Company's pay roll Of the 47 cards presented , 46 bearing apparently genuine signatures and 1 printed, 5 are dated in July 1943, 41 are dated August 2, 1943, and 1 is undated . There are 120 employees in the unit No check was made as to the duplication, if any, of the cards submitted. 192 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 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 National Labor Relations Act. IV. THE APPROPRIATE UNIT The parties stipulated that if the Board determines that the employees here involved constitute an appropriate unit, that unit should consist of all stenographic and clerical employees in the accounting department, stores department, and drafting division of the engineering department of the Company , at its Hoboken Yard, excluding the assistant general manager, the confidential secretary to the general manager, the chief clerk, assistant cashier, head comptom- eter operator and heads of the following divisions in the accounting department, namely, pay-roll division, navy and commerical billing division, war shipping administration billing division , pay-roll production division, and pricing and accounts-payable divison. As heretofore stated, the Company argues that the employees here involved do not constitute an appropriate unit within the meaning of the Act. The record indicates that they bear no such confidential relationship to the Company or perform any duties as would preclude them from constituting an appropriate unit. The parties are in disagreement with respect to the clerical employees in the general manager's office and the superintendent's office. The Unions would include them in the unit, whereas the Company would exclude -them from the unit. The Company contends that the work of these employees is of a highly confidential nature. The employees in these offices are stenographers, typists, and clerks. Their duties consist of routine clerical work. The record does not indicate that they possess information directly relating to the problems of labor relations , and although they may have access to important information, that of itself is insufficient to justify exclusion from the right to collective bargaining. We shall, therefore, include them in the unit. We find that all stenographic and clerical employees in the account- ing department , stores department, drafting division of the engineer- ing department, the general manager's office and the superintendent's office of the Company, at its Hoboken, New Jersey, Yard, excluding the assistant general manager, the confidential, secretary to the general manager, the chief clerk, the assistant cashier, the head comptometer operator, and heads of the following " divisions in the accounting department, namely, pay-roll division , navy and commercial billing division , war shipping administration billing division, pay-roll production division, and pricing and accounts -payable division, constitute a unit appropriate for the purposes of collective bargaining, within the meaning of Section 9 (b) of the Act. BETHLEHEM STEEL COMPANY V. THE DETERMINATION OF REPRESENTATIVES 193 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, 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, Hoboken, New Jersey, 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 Director for the Second 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 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 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, to determine whether they desire to be represented by Office Employees Union #22244, American Federation of Labor, or by United Office Professional Workers of America, Local No. 7, affiliated with the Congress of Industrial Organizations, for the purposes of collective bargaining, or by neither. CHAIRMAN MILLIS took no part in the consideration of the above Decision and Direction of Election.