International Harvester Co.

In the Matter Of INTERNATIONAL HARVESTER COMPANY, WISCONSIN STEEL WORKS and UNITED STEELWORKERS OF AMERICA, LOCAL UNION No. 1178, CIO Case No. 13-R-0800.Decided March 29, 194v5 Messrs. Frank B. Schwarer and Robert E. Dickman, of Chicago, Ill., for the Company. Messrs. George E. Miscreant and Sam J. Taylor, of Chicago, Ill., for the Steelworkers. Messrs. Walker Butler and Claude Crowe, of Chicago, Ill., for the Progressive. Mr. Paul Bisgyer, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon a petition duly filed by United Steelworkers of America, Local Union No. 1178, CIO, herein called the Steelworkers, alleging that a question affecting commerce had arisen concerning the repre- sentation of employees of International Harvester Company, Wiscon- sin Steel Works, 1 Chicago, Illinois, herein called the Company, the National 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 25, 26, and 29, and Feb- ruary 2 and 7, 1945. The Company, the Steelworkers, and Progres- sive Steel Workers Union (Independent), herein called the Pro- gressive, 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. 1 Name as amended at the hearing. 61 N. L. It. B.; No. 14. 133 134 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY International Harvester Company is a New Jersey corporation with its general offices at Chicago, Illinois. Prior to the existing national emergency, the Company's'business consisted of the design, manufac- ture, assembly, repair, sale, and distribution of motor trucks, indus- trial tractors, farm tractors, and other farm equipment and supplies. The Company is still producing a limited quantity of these materials, but the bulk of its business at the present time is the production of war materiel for the Army, Navy, and Marine Corps. It operates plants in Illinois, Wisconsin, Indiana, Ohio, New York, Minnesota, Tennessee, and California. This proceeding is concerned solely with its Wisconsin Steel Works located at Chicago, Illinois, a plant which produces about 1 percent of the steel produced in the United States. During'1944, the Company purchased for use in its operations at the said plant raw materials exceeding $1,000,000 in value, of which approximately 90 percent was purchased outside the State of Illinois. During the same period, the products finished at said plant exceeded $2,000,000 in value, of which more than 40 percent was shipped to points outside the State. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATIONS INVOLVED United Steelworkers of America, Local Union No. 1178, affiliated with the Congress of Industrial Organizations, is a labor organization admitting to membership employees of the Company. Progressive Steel Workers Union (Independent), is a labor organi- zation admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION By letter dated August 11, 1944, the Steelworkers notified the Com- pany that it represented a majority of the Company's employees, and requested a conference for the purpose of negotiating a collective bargaining agreement. The Company replied that, inasmuch as it was under contract with a union duly certified by the Board, it would not recognize the Steelworkers. On December 30, 1944, the Steel- workers again requested recognition which the Company declined to grant because of the pendency of this proceeding. r INTERNATIONAL HARVESTER COMPANY 135 On September 17, 1942, the Company and the Progressive entered into an exclusive bargaining contract which provided that it was to remain in full force and effect until the September 17 next following the close of hostilities in which the United States was engaged, but, in any case, until September 17, 1943.2 While the Company, without taking any affirmative position, requests the Board to determine whether this contract constitutes a bar, the Progressive argues that it precludes a present determination of representatives. In a prior pro- ceeding,3 involving the same parties herein, we had the occasion to consider the effectiveness of this contract as a bar and rejected the Progressjve's identical contention. Since the contract is of indefinite duration, we shall adhere to our former determination and hereby find that this proceeding is not barred. A statement of a Board Field Examiner, introduced into evidence at the hearing, indicates that the Steelworkers represents a substantial number of employees in the unit hereinafter found appropriate.4 ' 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 UNIT The Steelworkers seeks a unit identical to that heretofore found appropriate by the Board, namely : all production and maintenance employees at the Company's Wisconsin Steel Works, including billet dock loaders and assistant billet dock loaders, but excluding office clerical employees, plant clerical employees, confidential employees, plant-protection employees, bricklayers, bricklayer apprentices, work- ing bricklayer foremen, and supervisory and managerial personnel.5 The Progressive asserts that, in view of the history of collective bar- gaining, the unit should also embrace office and plant clerical em- ployees. The Company takes no position with respect to the compo- sition of the unit, except that it desires the exclusion of employees on its'managerial roll, among them being rolling supervisors whom the Progressive, and apparently the Steelworkers, would include. The unions agree to the inclusion of the employees in the classifica-' tions listed in Appendix A, and to the exclusion of the employees in 'This contract was modified by a supplemental agreement dated February 11, 1943, only with respect to the inclusion of union security provisions in conformity with the established practices of the National War Labor Board. 3 53 N. L. R. B. 734. 4 The Field Examiner reported that the Steelworkers submitted 1,289 membership cards bearing the names of persons listed on the Company's pay roll of December 31, 1944, which contained the names of 3,572 employees in the alleged appropriate unit. The Progressive relies on its contract as proof of its interest in this proceeding. 653 N. L. R. B. 734, and 42 N. L. R. B. 1276 (except that billet dock loaders and assistant billet dock loaders were not specifically included in the latter decision). 136 DECISIONS OF NATIONAL LABOR RELATIONS BOARD the classifications- listed in Appendix B, both of which are attached hereto. However, they are in dispute with respect to machinist gang leaders, the welder gang leader, assistant head loaders, the ladle clerk and pig machine foreman, the high pressure operator and foreman, and pit labor leaders, all of whom,the Steelworkers would exclude, and the Progressive would include. While the Progressive would also include turn labor leaders, the checker blower leader and mixer operator, the mould patcher leader and ingot tracer, mould patcher leaders, and linemen leaders, the Steelworker's position is not clearly stated with respect to them. The disputed and doubtful categories will be considered, seriatim. Offices and plant clerical employees. The Company employs clerical workers in its numerous operating and non-operating departments, some of which, such as the accounting, industrial relations, and engineering departments, are located in the main office building, and about 20 to 25 others being scattered throughout the plant. The offices in the plant, like those in the main office building, have their own clerical staffs of varying sizes which are supervised by the respective department superintendents. Ap- parently, most of the main office employees perform their duties in the main office building. There are some, however, who do not, for example, production and assistant production clerks assigned to the various plant offices to assemble cost data for the accounting depart- ment. Besides, there are other main office employees, such as scalemen and counters, who regularly discharge their functions in the plant proper. Turning to the plant office employees, it appears that, while the work of some is confined to their offices, others have functions ,which bring them into different parts of the plants. It is plain that the office employees working in the main office building should be excluded from the proposed production and main- tenance unit in accordance with our settled practice. However, it is apparent that no clear line of demarcation can be drawn among the other clerical employees which would distinguish the employees whose interests and bargaining problems ally them with production and maintenance workers, and those employees whose interests and bar- gaining problems do not. Under the circumstances, we see no reason to depart from our prior determinations involving this plant, and shall, therefore, exclude all office and plant clerical employees, despite 6 For the purpose of discussion , technical employees such as draftsmen, tracers, and blueprinters are included in the main office building group discussed below. INTERNATIONAL HARVESTER COMPANY 137 the asserted history of collective bargaining which, since 1942, has been based upon a unit at variance with our former findings.7 Rolling Supervisors 8 They are in direct charge of rolling steel in the finishing mills and are responsible for the quality and production of these mills. Their supervision extends over 17 workers on the average, although the number may vary between 5 and 25 employees. They attend weekly supervisors' meetings and, as estimated by an officer of the Company, devote approximately 70 percent of their time to supervisory func- tions, 10 percent to training employees, 12 percent to administration, and the balance to repair and maintenance of rolling machines. It appears that the Company has vested them with authority effectively to recommend changes in the status of employees under their supervi- sion. We shall exclude them. Machinist gang leaders They are under the supervision of the machine shop foreman. One of the leaders, Frank Bach, provides for the delivery of materials to be worked upon by the men in his shop. Another leader, Raymond Plath, apportions among the employees in the shop, material thus obtained by Bach. Plath also follows up the work done on this material and prepares work schedules. These employees do not have the power t4 change the status of employees or effectively recommend such action. They will be included. 7 Among the office and plant clericals excluded are : cost, stock, social security , invoice, general, junior cashier , tonnage, bonus , pay roll, assistant tabulating , distribution , first aid, employment benefits, and Association clerks , stenographers , typists, telephone operators, messengers , comptometer operators, key punch operators , the plant engineering depart- ment stenographer, industrial relations clerks ' and stenographers, the junior card checker, timekeepers , the timekeeper clerk, production and assistant production clerks, clerks #3 mill, scalemen , counters, stores clerks ( stores office), stenographers and typists ( stores office ), the receiving clerk ( stores office ), the casting yard receiving clerk, shipping office clerks, biller, billing clerk, typists and clerks , ditto operators , ditto operator typists, the Government report clerk, credit union clerks, the secretary to the Labor Management Committee , the coke plant clerk, the blast furnace clerk-stenographer , the work schedule clerk, mill office clerk-stenographers , the transportation department clerk, the metal- lurgical department clerk-stenographer , the chief inspector ' s stenographer , inspection department typists, clerks , and stenographers, the chipping department clerk, mechanical superintendent 's clerks, stenographers and typists , electrical superintendent's clerk, stenographer and typist, yard superintendent's clerks , the steam power superintendent's clerk, loading office clerks , billet dock clerical employees , the machine shop clerk, the carpenter's clerk, manifest recorders , clerk to the structural shop foreman , the break-in- clerk, the clerk of scarfing and chipping dock office , the stenographer-clerk #3 cold drawing superintendent's office, stock weighers , the billet dock office typist, and billet dock office report, relief and manifest clerks. Also excluded are such technical employees as draftsmen , blueprinters, tracers, junior tracers , the civil engineer, the assistant civil engineer , and the rodman who works with the civil engineer taking sights. Although the unions agree to include shear clerks and tallymen , we shall exclude them as plant clericals. 8 Prior to September 1, 1944, they were classified as merchant mill rollers 138 DECISIONS OF NATIONAL LABOR RELATIONS BOARD The welder gang leader He apportions work among 10 or 12 welders under the direction of the structural shop foreman. He inspects the work of other weld- ers demonstrating the correct method of doing a particular job, and about 1 day a week engages in welding work exclusively. Since it does not appear that the welder gang leader possesses authority to make effective recommendations regarding the status of employees, we shall include him. Assistant head loaders They are employed in the loading department and, under the direct supervision of a foreman, check and dispatch cars, and inspect loaded cars for proper blocking. They do not direct the work of other men and have no supervisory functions. They will be included. The ladle clerk and pig machine foreman 10 He serves 3 days a week as pig machine foreman 11 during which time he exercises supervisory powers within the meaning of our usual definition. During the other 3 days he dispatches ladles and cars, and secures the -necessary switching for the furnace. We shall ex- clude him. The high pressure operator and foreman 12 He acts as high pressure operator 3 days a week, and,as foreman the other 3 days with supervisory functions within the meaning of our customary definition. We shall exclude him. Pit labor leaders They supervise the cleaning of pits in the open hearth and the loading of slag accumulation on cars. They direct between 10 and 15 men about 7 hours a day, and assist the men in manual work about 1 hour a day. Pit labor leaders have the power to return men to the foreman if their work is unsatisfactory. They keep records of the employees on duty and those who fail to report, and furnish this information to timekeepers. Although they receive the same hourly pay as the employees under them, pit labor leaders share in a production bonus which the latter do not. They will be excluded as supervisory employees. ° Although the Steelworkers would exclude assistant bead loaders , it nevertheless would include head loaders, who, it appears, do "physical loading." Eugene F. Erickson Foremen , it is clear, are supervisory employees within the meaning of our customary definition. 11 Roman J. Surowiec. INTERNATIONAL HARVESTER COMPANY 139 Turn labor leaders I They are in charge of unloading cars for the open hearth, and supervise 6 to 14 men. They spend about 95 percent of their time in supervision, and only about 5 percent in manual labor which merely involves showing the men how certain work should be done. They may return employees to the foremen, if they fail to perform their duties properly. While they receive the same hourly rate as the men under them, they unlike their subordinates, also participate in a production bonus. Turn leaders have the authority to " 0.K." time cards when a man works through his lunch hour or desires to leave early. We shall exclude turn labor leaders as supervisory em- ployees. The checker blower leader and mixer operator'13 the mould patcher leader and ingot tracer, and mould patcher leaders. The record discloses that these employees are not vested with the indicia of supervisory authority. We shall include them. Linemen leaders. They lead electrical line gangs and perform the more skilled and specialized jobs. Since they do not have the power to change or effectively recommend changes in the status of employees, we shall include them. We find that all production and maintenance employees at the Company's Wisconsin Steel Works, including billet dock leaders, assistant billet dock loaders, machinist gang leaders, the welder gang leader, assistant head loaders, the checker blower leader and mixer operator, the mould patcher leader and ingot tracer, mould patcher leaders, linemen leaders, and the employees in the classifications listed in Appendix A, attached hereto, but excluding office clerical em- ployees, plant clerical employees, technical employees, confidential employees, plant-protection employees, bricklayers, bricklayer ap- prentices, working bricklayer foremen, the employees in the classifica- tions listed in Appendix B, attached hereto, rolling supervisors, the ladle clerk and pig machine foreman, the high pressure operator and foreman, pit labor leaders, turn labor leaders, and all other super- visory employees with authority to hire, promote, discharge, dis- cipline, 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. 13 W. Gilkison 140 DECISIONS OF NATIONAL LABOR RELATIONS BOARD V. THE DETERMINATION OF REPRESENTATIVES 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 whco 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 14 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 Act, and pursuant to Article III, Section 9, of National Labor Rela- tions 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 International Harvester Company, Wisconsin Steel Works, Chicago, Illinois,,an election 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 supervision of the Regional Director for the Thir- teenth 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 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 em- ployees in the armed forces of the United States who present them- selves in person at the polls, but excluding 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 they desire to be represented by United Steelworkers of America, CIO, Local 1178,1 or by Progressive Steel Workers Union (Independent), for the purposes of collective bargaining, or by neither. 14 The Company hires high school students who are employed only a few hours during week ends. We find, in accordance (with the agreement of the unions , that these part-time employees do not have sufficient interest in the election to entitle them to vote. How- ever, also in conformance with the understanding of the unions, regularly employed laborers who may be given less than a full week ' s work shall , nevertheless , be eligible to-vote. 1° The Steelworkers requests that its name appear on the-ballot as set forth in the direction. INTERNATIONAL HARVESTER COMPANY 141 APPENDIX A Stipulated Inclusions Inspectors Jr. spark tester The instrument man and assistant instrument man First and second mason helpers Jr. observers Sr. observers Janitors Matrons The head janitor The first sampler The testing, engineer Routine chemists Laboratory helpers Hot shear inspection clerks (Assistants to Hot Shear Inspectors) Head loaders Open hearth yardmasters APPENDIX B Stipulated Exclusions Shipkeepers Doctors Nurses The temporary foreman (Schumacher) The assistant foreman (William Brnjas) The extra yardmaster The yardmaster The assistant stock foreman 639678-45-vol. 61-11