General Cable Corp.

In the Matter of GENERAL CABLE CORPORATION - and UNITED STEELWORK- ERS OF AMERICA , C. I. O. Case No. 14-R-1124.-Decided June 15, 1945 Messrs. A. L. Fergenson and Milton G. Johnson, of New York City, for the Company. Messrs. Victor B. Harris and Robert McVay, of St. Louis, Mo., for the C. I. O. Messrs. David F. Monahara and John Johnson, of St. Louis, Mo., for the I. B. E. W. - Mr. Joseph D. Manders, of counsel to the Board. DECISION AND DIRECTION OF ELECTIONS STATEMENT OF THE CASE Upon an amended petition duly filed by United Steelworkers of Amer- ica, G. I. 0., herein called the C. I. 0., alleging that a question affecting com- merce had arisen concerning the representation of employees of General Cable Corporation, St. Louis, Missouri, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Ryburn L. Hackler, Trial Examiner. Said hearing was held at St. Louis, Missouri, on March 30 and 31, 1945. The Company, the C. I. 0., and Local B-1256. International Brotherhood of Electrical Work- ers, A. F. L., hereinafter called the I. B E. W ,1 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 I. B. E. W.'s motion to dismiss was referred to the Board by the Trial Exam- iner. For reasons hereinafter set forth in Sections III and IV, infra, the motion is denied. 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 At the commencement of the hearing, the motion of the I. B E . W. to intervene was granted 62 N. L. R. B., No. 63. 437 438 DECISIONS OP NATIONAL LABOR RELATIONS BOARD Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE COI\IPANY General Cable Corporation , a New Jersey corporation , is engaged in the production of electrical and communication wire and cable, a substantial portion of which is used directly in the war effort . The Company operates plants located in several States, including the two plants involved in this proceeding, located in St. Louis, Missouri . During the year 1944, the Com- pany purchased and transferred to its St . Louis plants raw materials, con- sisting of copper, synthetic rubber, and cotton , valued in excess of $1,000,000, of which over 50 percent was shipped to the St. Louis plants from points outside the State of Missouri During the same period, a sub- stantial portion of the finished products manufactured by the Company at its St. Louis plants, consisting of communication wire and cable , and mili- tary field wire , valued in excess of $1.000,000 , was shipped to points out- side the State of Missouri The Company concedes that its operations affect commerce within the meaning of the National Labor Relations Act. and we so find It THE ORGANIZATIONS INVOLVED United Steelworkers of America, affiliated with the Congress of Indus- trial Organizations, is a labor organization admitting to membership employees of the Company Local B-1256, International Brotherhood of Electrical Workers, affili- ated with the American Federation of Labor, is a labor organization admit- ting to membership employees of the Company. ilI TIIE QUESTION CONCERNING REPRESENTATION The Company's peacetime plant facilities consisted of two buildings, one for the production of rods, and the other for the processing of these rods into communication wires.2 In August 1943, under the sponsorship of the Defense Plant Corporation, a new plant facility was constructed approxi- mately 20 feet from the Old Plant' for the purpose of producing military field wire. The Company and the 1. B. E W. executed a contract covering the pro- duction and maintenance employees at the Old Plant, which was in effect from November 15. 1942, until expressly terminated by the I. B E W. on or 2 These plants are hereinafter referred to as the Old Plant 3 The new plant, hereinafter referred to as Plant 736, was leased to the Corporation by the Defense Plant Corporation Said lease granted the Corporation an option to buy Plant 736 at the termination of the war, and permitted the sum expended foi the payment of rent to he deducted from the ultimate purchase price. GENERAL CABLE CORPORATION 439 about January 1, 1944 On or about February 16, 1944, the Company and the 1. B E. WV . subsequent to a card check conducted by the U. S Concilia- tion Service covering a unit consisting of the approximately 1840 produc- tion and maintenance employees then employed in the Old Plant and Plant 736, executed a contract for an indefinite term, incorporating by reference the terms and conditions of the expired contract dated November 15, 1942, and making such terms and conditions applicable to both the Old Plant and Plant 736.' The C 1. O. requested the Company by letter dated December 5, 1944, to recognize it as the exclusive bargaining representative of the produc- tion and maintenance employees at Plant 736; and at the hearing it extended such request to include, in the alternative, a unit of production and maintenance employees of both the Old Plant and Plant 736. The Company refuses to grant either request. On or about May 28, 1944, the Company and the I. B. E. W., unable to agree upon the terms of a new contract covering both plants, filed a dis- pute case with the War Labor Board, involving the issues, inter alia, of union security, grievance procedure, union label, wages, hours, and over- time. The Regional War Labor Board announced its interim directive orders disposing of most of the above issues on December 11 and 27, 1944, and March 2, 1945. Subsequently thereto, the Company and the 1 B E W appealed from some of the directive orders to the National War Labor Board" These parties urge dismissal of the C. I. O.'s petition on the ground that their resort to the orderly processes of the National War Labor Board operates as a bar to the present proceeding within the mean- ing of the doctrine enunciated in Matter of Allis Chalmers,' and cases fol- lowing it We find no merit to this contention inasmuch as the I B. E. W has been the sole bargaining representative for a unit consisting of the Com- pany's production and maintenance employees for approximately 3 years,' and, in addition, the number of employees within this unit has more than doubled since the card check conducted in February 1944.' A statement of a Board agent introduced into evidence at the hearing, 4 Neither the col poi ation, nor the I B E W , contends that such memorandum 'constitutes a bar to an immediate determination of representatives G Such matters were pending at the date of the hearing. ° 50 N L R B 306 "See Matter of MacClatchte Manufacturing Company, 53 N. L. R. B 1288, Matter of Foster- Grant Co , Inc , 54 N L R B 802, Matter of International Hai vester Company, 55 N L R B 497, Matter of Ingalls Shipbuilding Corp, 59 N. L R. B. 924. See Matter of Aluminum Company of Ameszca, 51 N L. R. B. 1295, and cases cited therein As indicated in footnote 9, infra, there were 3,875 employees in the two-plant unit as of January 1945, compared with 1,940 at the time of the earlier card check. 440 DECISIONS OF NATIONAL LABOR RELATIONS BOARD indicates that the C. I. O. represents a substantial number of employees in the unit hereinafter found appropriate.' We find that a question affecting commerce has arisen concerning the representation of employees of the Company, within the meaning of Sec- tion 9 (c) and Section 2 (6) and (7) of the Act. IV. THE APPROPRIATE UNITS The C. I. O. contends that all production and maintenance employees at Plant 736 of the Company, including inspectors, but excluding office and factory office employees, cafeteria employees, guards, salaried employees of the chemical laboratory, working supervisors, and other supervisory employees, constitute an appropriate unit. However, in the event the Board deems a two-plant unit the only appropriate unit, the C. I. O. stated that it seeks an election covering such two-plant unit 10 The Company and the I. B. E. W. urge that all production and maintenance employees at the Old Plant and Plant,736, including working supervisors and cafeteria employ- ees, but excluding office and factory office employees, guards,' salaried employees of the chemical laboratory, inspectors,' superintendents, fore- men, and supervisors whose regular duties do not require their performing production or maintenance work, constitute the only appropriate unit. As pointed out in Section III, supra, the Old Plant, which includes the O The Field Examiner reported that the C I. O. submitted 921 membership cards , 685 of which bore apparently genuine original signatures of persons appearing on the Company ' s pay roll of January 5 , 1945, which contained the names of 3,875 employees in the unit hereinafter deemed appropriate ; and that the membership cards were dated in November and December 1944, and January and March 1945. (One hundred ninety-six membership cards were undated, 7 were duplicates.) The I. B. E. W. submitted no evidence of its repiesentation except its current contract. The International Association of Machinists District No 9, A F. L , was requested to submit representation evidence , but failed to do so The I. B. E. W. contends that the C . I. O.'s showing of representation is insufficient to warrant an election, pointing out that the union membership provision in the I. B E. W 's contract, in operation in the two-plant unit since February 1944, and in the Old Plant since November 1942, requires only that "new" employees join the I . B E W. but does not necessitate their maintenance-of- membership. We are persuaded, nevertheless, that an election should be conducted As noted above, more than half the Company's present employees have been "newly" hired since the I B E W.'s contract was made effective as to both plants Under the circumstances , we see no reason to dis- tinguish between the clause of the agreement here in question and other closed -shop, union-shop, or maintenance -of-membership provisions, such as we have considered , in numerous cases, in appraising the substantiality of the petitioner ' s prunes facie showing See Matter of Willys Overland Motors, Inc., 55 N. L. R B 376; Matter of Sayles Finishing Plants, Inc , 49 N L R B 532; Matter of Consumers Power Company, 56 N L. R B. 313, Matter of Gibbs Gas Engine Company, 55 N. L R. B. 492 10 At the hearing, counsel for the Company stated that the Company would oppose an election in either a one- or two-plant unit an the ground that the War Labor Board proceedings, referred to in Section III, are a bar. The I B E. W. contends that the C. I O. is not "entitled to seek" an election in the two-plant unit because it did not formally amend its petition to state an alternative. We find no merit to this contention since the C. I. 0 distinctly stated its alternative contention at the hearing, and thus, in substance , amended its position "All the parties agree that guards constitute a separate unit, but there is no question concerning their representation in the instant case. 12 The Company and the I. B. E. W. contend that inspectors constitute a separate unit, infra GENERAL CABLE CORPORATION 441 rod mill, and Plant 736, are physically close, and surrounded by a single common barbed wire fence. The Old Plant primarily produces ordinary cdmriiuhication wire; Plant 736 produces fine copper wire; but there is practically no difference in skill or functions required to produce either type of wire. In some instances the fine copper wire, subsequent to a tinning process performed in the Old Plant, is transferred to Plant 736 for further processing. Substantially all the finished products are sold to some govern- mental agency. Each plant has separate shipping and receiving departments, and .a separate maintenance machine shop. However, the personnel depart- ment, including the employment office ; purchasing, production control, inspection, plant-protection, time study, safety, medical and kitchen, all serve both the Old Plant and Plant 736. A building adjoining the Old Plant is now under construction which will, in the near future, house the per- sonnel and employment office, medical center, control laboratory, and cafeteria. Such building, available to all the Company's employees, will have a common entrance for both plants. There are approximately 120 employees who perform duties which bring them in contact with both plants, and who regularly pass between the Old Plant and Plant 736 every day. Many others pass between the two plants to perform odd tasks at odd times. There have been infrequent permanent transfers of employees between the 2 plants. Each plant has its own supervisory hierarchy, but top supervision is unified in a single plant manager, responsible for all operations in both plants. Working conditions, such as rates of pay, hours, shifts, vacations, are similar in both plants, and governed by the memorandum of agree- ment between the Company and the I. B. E. W, dated February 16, 1944. Seniority is measured on a two-plant basis. Since February 1944, the Com- pany and the I. B. E W. have negotiated on behalf of all employees on a two-plant basis, and have never indicated any type of separability between the Old Plant and Plant 736. The above facts reveal that the Company's St. Louis operations are highly integrated and interdependent, and that there is a close com- munity of interest among all the employees in both plants. We, accord- ingly, find that a unit consisting of the production and maintenance employees of the Old Plant and Plant 736, is appropriate for purposes of collective bargaining 13 There remain for disposition the following categories of employees : Working Supervisors. The C. I. O. urges the exclusion of all employees classified by the Company as supervisors. The Company and I. B. E. W. make a distinction between non-working and working supervisors, and desire to include the latter in the appropriate unit. There are approxi- 18 See Matter of American Air Fitter Company, Inc , 61 N. L R B 604, Matter of Vaughan Motor Company, 54 N. L. R. B. 1351. 442 DECISIONS OF NATIONAL. LABOR RELATIONS BOARD mately six such employees, who are engaged in yard maintenance and building service operations. A substantial portion of their time is devoted to manual operations. The, Company does not deem such employees as supervisory within the meaning of our customary definition, and they have been included in the production and maintenance unit covered by previous contracts. We find that such employees do not possess supervisors authority, and we shall, therefore, include the working supervisors in the appropriate unit. Cafeteria employees. The C. I. O. desires to exclude cafeteria employees, the Company and the I. B. E. W. urge that they be included in the appro- priate unit. There are approximately 50 such employees, 30 of whom spend approximately 3 hours per shift serving food to employees in the plants The remainder of the cafeteria employees devote their entire time to the preparation of food in the kitchen, which is presently located in Plant 736. The Company and the I. B. E. W. have included cafeteria employees here- tofore." Predicated upon the coverage of such employees in the current contract we shall include cafeteria employees in the bargaining unit 16 Inspectors. The C. I. 0 desires to include inspectors ; the Company and the I. B. E. W. urge their exclusion on the ground that they constitute a unit separate and apart from production and maintenance employees. In the summer of 1943, the Company completed the reorganization of the administrative and functional operations of inspectors throughout the two plants, thus effectuating its policy of segregating inspectors from other types of employees. The superintendent of inspection at the St. Louis plants is independent of the plant manager in all matters relating to the quality of production 1° There are approximately 280 inspectors in the separate two-plant unit. The approximately 30 inspectors in the Old Plant were a part of the production and maintenance unit covered by the I. B. E. W.'s contracts until June 19-44. In the same month, a majority of the 250 inspectors at Plant 736, in a consent election conducted by the Board's Regional Director, evinced their desire to be represented by the I. B. E. AV. in a separate unit. Since June 1944, the Company and the I. $. E. W. have been bargaining and negotiating on behalf of the inspectors in both plants as a unit separate and apart from other types of employees 17 On the basis of the above facts, we find that inspectors in the Old Plant and Plant 736 14 They were apparently included in the November 1942 one-plant unit, and in the February 1944 two-plant unit. 15 See Matter of General Steel Castings Corporation, 41 N. L R . 13 350 ; Matter of Petersen & Lytle, 60 N . L R. B. 1070 1e The plant manager supervises inspectors only in reference to matters which concern then conduct and behavior. 17 The Company and the I . B. E. W. have submitted various disputes concerning this separate unit to the National War Labor Board. GENERAL CABLE CORPORAT1ON 443 constitute a separate appropriate unit for purposes of collective bar- gaining.'B t We find that all production and maintenance employees at the plants owned or operated by the General Cable Corporation in St. Louis, Mis- souri, including cafeteria employees, working supervisors, and job trainer," but excluding office and factory office employees, guards, inspectors. salar- ied employees of the chemical laboratory, plant manager, superintendents. foremen and non-working supervisors, 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 purposes of collective bargaining within the meaning of Section 9 (b) of the Act We further find that all inspectors employed at the plants owned or operated by General Cable Corporation in St. Louis, Missouri, excluding the superintendent of inspection, chief product inspectors, and all other supervisory inspectors with authority to hire, promote, discharge, disci- pline, or otherwise effect changes in the status of employees, or effectively recommend such action, constitute a separate 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 employ- ees in the appropriate units described, supra, who were employed during the pay-roll period immediately preceding the date of the Direction of Elections herein, subject to the limitations and addiitons 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 representatives for the purposes of collective bargaining with General Cable Corporation. St. Louis, Missouri, separate elections by secret ballot shall be conducted as early as possible, but not later than thirty (30) days from the (late of this Direction, under the direction and supervision of the Regional Director 18 Cf. Matter of General Cable Corporation (Los Angeles), 60 N L R B 1177, where the Board denied the request for a separate unit of inspectors In the instant case , unlike the cited case, more than 80 percent of the inspectors in question have never been included in the prc,duction and maintenance unit, nor has there been any bargaining on their behalf except on the busts of a separate unit 18All parties are in agreement that such employ (Cs do not exetetC ^upetvtsoi3 authontl 444 DECISIONS OF NATIONAL-LABOR RELATIONS BOARD for the Fourteenth 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 each of the units found appropriate in Section IV, supra, who were employed during the pay-roll period immediately preceding the date of this Direction, including employees who did not work during the 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 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, C. I. 0., or by Local No B-1256, Inter- national Brotherhood of Electrical Workers,•A. F. L., for the purposes of collective bargaining, or by neither.