Kaiser Co., 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. R-5533 (f21-R-1954) and f1-R-2058, respectively SECOND. SUPPLEMENTAL DECISION November ^?5, 1944 On March 13, 1944, pursuant to a Decision and Direction of Elec- tion,, an election, and other proceedings in the above-entitled matter, the Board issued its .Supplemental Decision and Amended Certifica- tion 2 certifying the United Steelworkers of America, CIO, herein called the CIO, as the exclusive bargaining representative of all of the Company's production and maintenance employees 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, plant-protection employees (guards and firemen), full-time first-aid and safety employees, watch- men other than crossing watchmen and flagmen, foremen, and other supervisory employees with authority to hire, promote, 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. ,On October 23, 1944, the Company, having begun the manufacture of shells, petitioned the Board to interpret the certification heretofore issued, and to advise the Company whether or not the persons em- ployed, and to be employed in the expanded operations are covered by said certification. It appears from the petition that in April 1944, the Company accepted contracts to make 8 inch and 155 mm. shells. A new corporation called Kaiser Industries was set up to handle the new contracts. Production lines for the project were set up in a space 153 N L R B 880. 2 55 N. L. R . B. 528. 59 N. L. R. B, No 107. 547 548 DECISIONS OF NATIONAL LABOR RELATIONS BOARD within one of the buildings used for the manufacture of steel, and in a new building adjacent to the property of the Kaiser Company, Inc. Kaiser Industries contemplates employing approximately 1,000 employees; there are presently approximately 2,000 employees in the unit heretofore found appropriate in this proceeding. Upon consideration of the petition of the Company, the Board hereby denies the request therein, for the reason that although on the face of the petition it appears that the group of employees in- volved constitutes a separate appropriate bargaining unit rather than an accretion to the existing unit for which the CIO is the certified representative, yet without a hearing, we have no proper basis for making a determination as to whether or not the shell plant em- ployees are a part of the present unit or are a separate unit. The denial, however, is without prejudice to the filing by an interested party of a petition for investigation and certification under•,Section 9 (c) of the Act. Moreover, this denial will not prevent a future determination by this Board that the employees involved herein are properly a part of the unit presently bargained for by the CIO.