Continental Steel Corp.

In the Matter Of CONTINENTAL STEEL CORPORATION and UNITED STEEL- WORKERS OF AMERICA, CIO Case No. 11-K-736 (Formerly 13-R-27.96) .-Decided March 28, 194b Messrs. Ralph K. Clifford, Russell A. Chaffin, and, Julian Scheuler, of Kokomo, Ind., and Mr. Loren E. Souers, of Canton, Ohio, for the Company. Mr. Marley E. Purvis, of Kokomo, Ind., for the Union. Mr. Nathan Saks, of counsel to the Board. DECISION AND DIRECTION OF ELECTIONS STATEMENT OF THE CASE Upon an amended petition duly filed by United Steelworkers of America, CIO, herein called the Union, alleging that a question affect- ing commerce had arisen concerning the representation of employees of Continental Steel Corporation, Kokomo, Indiana, herein called the Company, the National Labor Relations Board provided for an ap- propriate hearing upon due notice before William O. Murdock, Trial Examiner. Said hearing was held at Kokomo, Indiana, on January 17, 1945. The Company and the Union appeared and participated. All parties 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. All parties were afforded an opportunity to file briefs with the Board. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY Continental Steel Corporation is an Indiana corporation with its main plant in Kokomo, Indiana, where it is engaged in the manufac- ture of steel and wire products. The Company's annual purchases of raw materials exceed $1,000,000 in value, of which more than 30 per- 61 N. L R. B., No. 9. 97 98 DECISIONS OF NATIONAL LABOR RELATIONS BOARD cent comes from points outside the State of Indiana. Annually, the finished products of the Company exceed $1,000,000 in value, of which more than 50 percent is shipped to points outside the State of Indiana. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. IT. THE ORGANIZATION INVOLVED United Steelworkers of America, affiliated with the Congress of Industrial Organizations, is a labor organization admitting to mem- bership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The Company has refused to grant recognition to the Union as the exclusive bargaining representative of certain of its employees until the Union has been certified by the Board in an appropriate unit. A statement of a Board agent, introduced into evidence at the hear- ing, indicates that the Union represents a substantial number of em- ployees in the unit alleged to be 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 UNITS 0 The Union, which currently represents the production and mainte- nance employees at the Company's Kokomo, Indiana, plant, now seeks a residual unit of the plant clerical and technical employees, including nurses. The Company contends that the unit sought by the Union is inappropriate, and in the alternative, that if an election is directed among the employees in the unit sought, the exclusions therefrom should be much broader than those conceded by the Union.2 We do not entirely agree with the Company's first contention. In addition to the plant, the Company also maintains at Kokomo its general or main office which serves all the plants of the Company. However, the parties agree, and we find that the employees at the general office do not have a sufficient community of interest with the plant clerical and technical employees to be included in a unit with them. On the other hand, the record indicates that the plant clerical and technical employees do enjoy similar working conditions, and do constitute a homogeneous group for the purposes of collective bargain- '.The Field Examiner reported that the Union submitted 117 authorization cards; that the names of 59 persons appearing on the cards were on the list of employees in the alleged appropriate unit ; and that the number of employees in said unit was 120. 2 Appendix A, annexed hereto, contains those classifications upon whose exclusion the parties agree. CONTINENTAL STEEL CORPORATION 99 ing. Accordingly, we are of the opinion that the employees in the unit requested, with the exception of the nurses, have a sufficient com- munity of interest to be properly included within a single unit .3 However, we have recognized that nurses constitute a well-defined professional group whose training, skill, and duties differ from those of other employees and, accordingly, we have found that a separate unit for nurses is appropriate.4 The Company contends that the nurses should not be included in any unit on the ground that they are confidential employees. We do not agree with this contention. The Company employs three nurses -who work in the plant hospital and perform duties of a general industrial nursing character under the direct supervision of the head nurse. There is nothing in the record to indicate that they have access to personnel or industrial relations files. The work they do, and the records they make and have access to, relate solely to the health of employees. There is a head nurse who supervises the other three nurses and has power effectively to recom- mend both hiring and discharging. Although we shall exclude the nurses from the clerical-technical unit hereinafter found appropriate,, we shall establish a separate unit for the nurses, excluding the head nurse. Moreover, we do not entirely agree with the alternative contention of the Company. An examination of the record convinces us that many of the classifications of employees alleged by the Company to occupy supervisory, confidential, or mixed supervisory and confiden- tial capacities, do not perform functions warranting their exclusion from a collective bargaining unit. The classifications in dispute are 'discussed below. Employees whose exclusion is requested by the Company by reason of their alleged confidential relation to management and their alleged supervisory status Laboratory Observers and Inspectors: These employees work out of the Metallurgical Department under the primary supervision of the Chief Metallurgist but perform their functions in various depart- ments of the plant. They are engaged generally in "quality control" work, which consists of inspecting, testing, grading, and making reports thereon to the Chief Metallurgist. They are hourly paid, are ,usually trained rapidly, and their work is routine in nature. We find that these employees have neither a supervisory status nor a confiden- tial relation to management'with respect to labor relations. We shall i iclude laboratory observers and inspectors. 3 Cf. Matter of Consolidated Vultee Aircraft Corporation' ( San Diego Division), 54 N. L. R. B. 103 See Matter of Bethlehem-Alameda Shipyard, Inc., 59 N. L. R. B. 1525 100 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Analysts: These employees also work out of the Metallurgical Department under the supervision of the Chief Metallurgist, but per- form their functions in the laboratory. They analyze steel made in the open hearth department, make tests while sheets are in the furnace, and do other miscellaneous analytical work. They, too, are hourly paid, trained rapidly, and do routine work. We find that these em- ployees have neither a supervisory status nor a confidential relation to management with respect to labor 'relations. We shall include analysts. Weighers and Timekeeper-Weighers: These employees are under the direct supervision of the Chief Clerk of the plant but are stationed in various departments of the plant. Their duties consist of "weigh- ing production" or both weighing and timekeeping. In some depart- ments they make production computations of acceptable products, upon which the wages of the' production employees in those depart- ments are based. However, inasmuch as these computations involve little or no discretion on the part of these employees, we find that they do not have a confidential relationship to management with respect to labor relations; nor do they have supervisory status within our customary definition. Accordingly, we shall include weighers and timekeeper-weighers. Open-Hearth Timekeeper-,Clerk: This employee, who is under the supervision of the Chief Clerk, is responsible for the open-hearth department tonnage computations, and the translation of tonnages into computation of wages for the production employees of that department. However, it does not appear•that this employee exercises sufficient discretion in the performance of his duties to be classified as confidential; nor can he be considered as supervisory within the mean- ing of our customary definition. We shall include the open-hearth timekeeper-clerk. Nail Mill Timekeeper-Clerk: This employee, who is also under the supervision of the Chief Clerk, performs a similar function to that of the last named employee with respect to the nail mill. However, in connection with his regular duties he has access to, and works on, the Nail Mill Superintendent's confidential personnel records. We shall exclude the nail mill timekeeper-clerk.5 General Timekeeper-Clerk: In addition to keeping time for the yard department, this employee acts as assistant to the chief clerk of the plant, and in connection therewith has access to and uses the chief clerk's confidential personnel records. We shall exclude the general timekeeper-clerk.e He also exercises considerable supervision over the nail mill weighers and inspectors He also supervises the chief clerk's subordinates in his absence. CONTINENTAL STEEL CORPORATION 101 Assistant to Chief Storekeeper: This employee has access to per- sonnel and other confidential files of the chief storekeeper. We shall exclude the assistant to the chief storekeeper.7 General Shipping Clerk: This employee acts as assistant to the chief shipper and is acting head of the shipping department in the chief shipper's absence. There is no evidence that he has any super- visory authority in his regular duties as assistant. Moreover, not only does the record indicate that he does not act as head of the department with any regularity or frequency, but also that when he does so act, he has no authority to take effective disciplinary action with respect to any of the subordinate shipping department employees. It appears further that he does not have access to -or work on confidential files or records in respect to labor relations in the regular course of his duties either as assistant to the chief shipper or as acting head of the department. Accordingly, we find that this employee is neither supervisory nor confidential within the meaning of our customary definition, and we shall include him. Employees whose exclusion is requested by the Company solely by reason of their alleged confidential relationship to management Industrial Relations Department Employees: The alleged confi- dential employees in this department are the safety inspector, the safety clerk, and three stenographers. It appears that these em- ployees all have access to the personnel and industrial relations files in the regular course of their duties. We shall exclude them. Sheet Division Stenographer-Clerk, General Shipping Department Stenographer-Clerk, and Engineering Department Stenographer- Clerk: These three employees are personal secretaries to their respec- tive department heads, and as such, have access in the regular course of their duties to the personnel and labor relations files and records of their respective department heads. Accordingly, we shall exclude these employees. Sheet Galvanizing Clerk: This employee investigates costs, pro- duction, and rates for the sheet galvanizing department. In the course of his work he has access to the department superintendent's labor relations files. We shall exclude the sheet galvanizing clerk. Engineering Draftsmen: These two employees, who work in the engineering department, are engaged for the most part in doing ordi- nary drafting work under the supervision of the chief engineer. Occasionally they do incidental engineering work in connection with surveying and construction in the plant. However, the record indi- cates that they are not graduate engineers, and that any engineering 4 He also directs the work of some of the storeroom clerks, and in the absence of the chief storekeeper he acts in his place. 102 DECISIONS OF NATIONAL LABOR RELATIONS BOARD work that they do is subject to supervision. Moreover, there is°no evidence that they enjoy a confidential relationship to management with respect to labor relations. ' In view of these facts, we find that they are not confidential employees, and we shall include the engineer- ing draftsmen. Telephone Operator: This employee is in charge of the telephone switchboard of the plant. Although the switchboard is a P. B. X. instrument of an old type enabling her to hear all incoming and out- going calls, and although some calls might be of a highly confidential nature, she is not required to listen to confidential conversations in the regular course of her duties. Accordingly, we are of the opinion that this employee is not confidential, and we shall include her. General Plant Clerk and Relief Telephone Operator: In addition to acting as relief telephone operator, this employee assists the general superintendent's secretary and the chief clerk, and keeps the general and accounting department pay-roll time. The record discloses that, in the normal course of her duties, she has access to all files of the superintendent and chief clerk, including the labor relations files. We shall exclude her. Man-Hour Clerk: This employee does clerical work in the industrial engineering department relating to plant costs, plant earnings, and job rates. It appears that, in the ordinary course of his duties, he has access to all the files of this department, including those relating 'to labor relations. Accordingly, we shall exclude him. We find that all plant clerical and technical employees at the Com- pany's Kokomo, Indiana, plant, including employees listed in Appen- dix B, annexed hereto, but excluding nurses, plant-protection employ- ees, general office employees, production and maintenance employees currently represented by the Union, the employees listed in Appendices A and C, annexed hereto, and all supervisory employees with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees, or effectively recommend such action, consti- tute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act. We find further that all nurses at the Company's Kokomo, Indiana, plant, excluding the head nurse, and all other supervisory employees with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees, or effectively recommend such action, 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 separate elections by secret ballot among the CONTINENTAL STEEL CORPORATION 103 employees in the appropriate units who were employed during the pay-roll period immediately preceding the date of the Direction of Elections herein, subject to the limitations and additions set forth in the Direction. DIRECTION OF ELECTIONS 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, Section 9, of National Labor Relations Board Rules and Regulations-Series 3, as amended, it is hereby DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with Continental Steel Corporation, Kokomo, Indiana, separate elections by secret ballot shall be conducted as early as possible, but not later than sixty (60) days from the date of this Direction, under the direction. and super- vision of the Regional Director for the Eleventh Region, acting in this matter as agent for the National Labor Relations Board, and subject to Article III, Sections 10 and 11, of said Rules and Regulations, among the employees in the units 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 riot work dur- ing said pay-roll period because they were ill or on vacation or tempo- rarily laid off, and including employees in the armed forces of the United States who present themselves in person at the polls, but ex- cluding those employees who have since quit or been discharged for cause and have not been rehired or reinstated prior to the date of the election, to determine whether or not they desire to be represented by United Steelworkers of America, affiliated with the Congress of Indus- trial Organizations, for the purposes of collective bargaining. APPENDIX A Chief Chemist Sheet Mill Head Weigher Industrial Engineering Clerk Time-Study Engineer Employment Department Night Man Chief Draftsman Secretary to General Superintendent APPENDIX B Laboratory Observers Inspectors Analysts Weighers 104 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Timekeeper-Weighers Open-Hearth Timekeeper-Clerk General Shipping Clerk Engineering Draftsmen Telephone Operator APPENDIX C Nail Mill Timekeeper-Clerk General Timekeeper-Clerk Assistant to Chief Storekeeper Head Nurse Industrial Relations Department: Safety Inspector Safety Clerk Stenographers (3) Sheet Division Stenographer-Clerk Shipping Department Stenographer-Clerk General Plant Clerk and Relief Telephone Operator (1) Man-Hour Clerk Sheet Galvanizing Clerk