Kaiser Company, Inc.

In the Matter Of KAISER COMPANY, INC. IRON AND STEEL DIVISION and UNITED STEELWORKERS OF AMERICA, CIO In the Matter of KAISER COMPANY, INC. IRON AND STEEL DIVISION and SAN BERNARDINO METAL TRADES COUNCIL AND ITS AFFILIATED UNIONS THERETO, A. F. of L. Cases Nos. IR-5533 (01-R-1954) and 21-R-9058 respectively SUPPLEMENTAL DECISION AND AMENDED CERTIFICATION March 13, 1944 On November 24, 1943, the National Labor Relations Board issued its Decision and Direction of Election in the above-entitled proceed- ing 1 and pursuant thereto, on December 21, 1943, an election by secret ballot was conducted by the Regional Director for the Twenty-first Region (Los Angeles, California). Subsequent to the issuance of the Decision and Direction of Election but prior to the conduct of the election, General Drivers Union, Local 467, AFL, filed a petition with the Board in Case No. 21-R-2225, seeking an election in a unit con- sisting of all persons employed as chauffeurs driving company cars throughout the plant in transporting company officials and guests. Thereafter, a hearing was held on the Truck Drivers' petition and the Board has this day issued its Decision and Order dismissing the petition. On February 10, 1944, the Board issued its Supplemental Decision and Certification of Representatives in this proceeding excluding from the unit covered by the certification, inter alia, all persons employed as chauffeurs, driving company cars throughout the plant in trans- porting company officials and guests, but stating that this exclusion was without prejudice to a later determination, after examination of the relevant facts, that such employees should not be set apart from the production and maintenance employees.2 As stated in the Decision and Order in Case No. 21-R-2225, the Board has concluded upon a 1 53 N. L R B 880 2 54 N I. R B 1219 55N L I{ B, No. 98. 528 KAISER COMPANY, INC. 529 consideration of the relevant facts, that the chauffeurs in question do not constitute a separate bargaining unit and that they are among the occupational groups included in the bargaining unit of production and maintenance employees previously found appropriate. Since it ap- pears that the outcome of the election of December 21, 1943, could not have been affected by the votes of the chauffeurs claimed by the Truck Drivers had such employees been permitted to participate in the elec- tion, the Certification in this proceeding is hereby amended so as to redefine the appropriate unit by including therein all persons em- ployed as chauffeurs driving company cars throughout the plant in transporting company officials and guests. AMENDED CERTIFICATION By virtue of and pursuant to the power vested in the National Labor Relations Board by Section 9 (c) of the National Labor Relations Act and pursuant to Article III, Sections 9 and 10, of National Libor Relations Board Rules and Regulations-Series 3 IT IS aEi;Ln3Y CERTIFIED that United Steelworkers of America, affil- iated with the Congress of Industrial Organizations, has been des- ignated and selected by a majority of all production and maintenance employees of Kaiser Company, Inc., Iron and Steel Division, at its plant at Fontana, California, and at the Moss Clay Pit, including shop clerical employees, timekeepers, all persons employed as chauffeurs, driving company cars throughout the plant in transporting company officials and guests, but excluding executives, office and clerical em- ployees, administrative employees, agricultural employees, plant-pro- tection employees (guards and firemen), full-time first-aid and safety employees, watchmen other than crossing watchmen and flagmen, fore- men, and any other supervisory employees with authority to hire, pro- mote, discharge, discipline, or otherwise effect changes in the status of employees or effectively recommend such action, and also excluding all employees presently carried on the separate construction pay roll, as their representative for the purposes of collective bargaining, and that, pursuant to Section 9 (a) of the Act, the aforesaid organization is the exclusive bargaining representative of all such employees for the purposes of collective bargaining with respect to rates of pay, wages, hours of employment, and other conditions of employment. 578129-44-vol. 55-35