Laclede Steel Co.

In the Matter of LACLEDE STEEL. COMPANY and UNITED STEELWORKERS OF AMERICA, C. I. O. 14 Case No. 14-R-1148.-Decided June 22, 1945 Messrs. Milton H. Tucker and Charles S. Glazer, of St. Louis, Mo., for the Company. Mr. Victor B. Harris, of St. Louis, Mo., for the C. I. O. Mr. James R. Reed, of Edwardsville, Ill., for the Association. Mr. Fred Thomason, of Ferguson, Mo., for District 50. Mr. Jack Mantel, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon a petition duly filed by United Steelworkers of America. C. 1. O., herein called the C 1 0., alleging that a question affecting commerce had arisen concerning the representation of employees of Laclede Steel Com- pany. Alton, Illinois. herein called the Company, the National Labor Rela- tions Board provided for an appropriate hearing upon due notice before Joseph Lepie, Trial Examiner. Said hearing was held at St. Louis, Mis- souri, on April 16, 1945 The Company, the C. I 0., Alton Works Em- ployees' Association, herein called the Association, and District 50. United Mine Workers of America, herein called District 50,' appeared and par- ticipated All parties were afforded full opportunity to be heard, to exam- me and cross-examine witnesses, and to introduce evidence bearing on the issues. At the hearing the Trial Examiner reserved ruling upon the Com- pany's and Association's motions to dismiss the petition For reasons here- inafter stated, we hereby deny the respective motions to dismiss. The Trial Examiner's rulings made at the hearing are free from prejudicial error and 'The Company and the Association objected to the intervention of District 50 on the ground that the latter had filed allegations of unfair labor practices which were pending at the time of the hearing. The charges filed by District 50 have since been dismissed 62 N. L. R B., No. 95. 747 748 DECISIONS OF, NATIONAL LABOR RELATIONS BOARD are hereby affirmed. All parties were afforded an opportunity to file briefs with the Board Upon the entire record in the case , the Board ]cake, the following FINDINGS OF FA CT 6 I. THE BUSINESS OF THE COMPANY Laclede Steel Company, a Missouri corporation, is engaged in the manu- facture of steel ingots, pipe and other steel products at its plant in Alton. Illinois. During the 6-month period preceding April 1, 1945, the Company purchased raw materials exceeding $500.000, of which approximately 50 percent was shipped to its Alton plant from points outside the State of Illinois During the same period, the Company's finished products exceeded $500,000, of which approximately 50 percent was shipped from its Alton plant to points outside the State of Illinois. The Company is presently engaged in the manufacture of materials used in the war effort. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. 11. TIIE ORGANIZATIONS INVOLVED United Steelworkers of America, affiliated with the Congress of Indus- trial Organizations, is a labor organization admitting to membership em- ployees of the Company. District 50. United Mine Workers of America is a labor organization admitting to membership employees of the Company. Alton Works Lmployees' Association is a labor organization admitting to membership employees of the Company. III 17IE QUESTION CONCERNING REPRESENTATION On August 30, 1944, the C. I. O. advised the Company by letter that it represented the latter's employees for the purposes of collective bargaining: The Company did not reply, and on February 19, 1945, the C. I. O. filed its petition herein. After a consent election conducted under the auspices of the Board, the Company and the Association entered into a bargaining contract on April t, 1944. The terms of the contract provided that it was to continue until April 1. 1945, and thereafter until the expiration of 60 clays after written notice of termination given by either party. The Company and Association contend that this contract is a bar to the present proceeding. Since the con- tract has now become one, in effect, terminable at will, we find that the contract does not constitute a bar to a present determination of bargaining representatives.` 2 Matter of Ionia Desk Company, 59 N. L R 13 1522, and cases cited therein. LACLEDE STEEL COMPANY 749 The Company moved to dismiss the petition on the ground that the cur- rent Appropriations Act' deprives the Board of jurisdiction and power to nullify the existing contract between the Association and the Company. Since the restriction referred to has no application to a representation pro- ceeding, we find no merit in this contention." A statement of the Regional Director, introduced into evidence at the hearing, indicates that the C. I. O. represents a substantial number of em- ployees 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 Section 9 (c) and Section 2 (6) and (7) of the Act. ' IV THE \PPROI'RIATE UNIT The C. 1. 0 seeks a unit comprised of all hourly paid production and maintenance employee, of the Company, including hourly paid factory clerks and hourly-paid inspectors, but excluding office clerical employees, watchmen, guards, restaurant employees, tinmekeepers, working foremen, chemists, and metallurgists. District 50's position is in accord with the C. I. O. The Company and the Association, however, contend that the work- ing foremen, chemists, and metallurgists, who had been included in the 1944 and prior contracts between the Company and the Association, should be included in the unit Working foremen The Company employs approximately 40 hourly paid working foremen who are supervised by between 50 and 60 salaried depart- ment heads and their assistants. The duties of the working foreman in each of the Company's 10 departments are substantially the same. They spend approximately 75 to 80 percent of their time in performing manual labor along with the 8 to 10 employees under their direction. The balance of their time is spent in making out production records, time cards, and verifying attendance Their supervisory duties consist primarily of carrying out the instructions with reference to the production work which they receive from their department heads or the latter's assistants. As stated above, these employees were included in the prior contracts between the Company and 3 Labor-Federal Security Appropriation Act, 1945, approved June 28, 1944, Public Law 373, 78th Congress , Second Session 4 See Matter of Humble Oil & Refining Company, 53 N L R B 116, and mattes cited therein 5 The Regional Director reported that the C 1 0 submitted 683 authorization cards, 479 of which bore names of persons appearing on the company pay roll for the period ending April 16, 1945, containing 1,199 employees in the appropriate unit Three hundred were dated between January 1944 and February 1945 , 164 were undated , and 15 incorrectly dated. The Regional Dtiector further reported that District 50 submitted 271 authorization cards , 133 of which bore names of persons appearing on the aforesaid pay roll At the hearing, the Trial Examiner reported that District 50 submitted 117 additional cards, 56 of which bore names of persons appearing on the aforesaid pay roll Inasmuch as an election is to be conducted , and since District 50 has made sonic showing of membership , we shall, contiary to the Company ' s and Association 's contention, accord it a place on the ballot The Association claims an merest in this proceeding by virtue of its contract. 7 50 DECISIONS OF NATIONAL LABOR RELATIONS BOARD the Association. We are of the opinion that the record does not establish that working foremen have supervisory authority within the Board's cus- tomary definition thereof. Accordingly, we shall include then in the unit Chemists and Metallurgists. The Company employs eight hourly paid chemists and four hourly paid metallurgists, all of whose work is supervised by a salaried chief metallurgist. The chemists do not have any special techni- cal education other than a knowledge of high school chemistry and algebra. Their duties consist of making routine analyses of the carbon and man- ganese content of the steel, they do not engage in any research work. They often perform tests in the plant while the steel is being heat treated The metallurgists make similar routine tests of the physical properties of the steel while heat is being applied, and record the temperatures of melting points of steel. They are not required to have any education in the field of metallurgy and most of the metallurgists are former production employees. Since the chemists and metallurgists perform only routine analyses, and in view of the fact that they have been included in the unit covered by the con- tract between the Company and the Association, we shall include them with the hourly paid production and maintenance employees. We find that all hourly paid production and maintenance employees of the Company, including hourly paid factory clericals, hourly paid inspec- tors, hourly paid working foremen, chemists, and metallurgists, but exclud- ing office clerical employees, watchmen, guards, restaurant employees, time- keepers, 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, 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 an election by'secret ballot among the employees in the appropriate unit who were employed during the pay-roll period imme- diately preceding the date of the Direction of Election herein, subject to the limitations and additions set forth in the Direction. 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 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 Laclede Steel Company, .Alton, Illinois, an election by secret ballot shall be conducted as early as LACLEDE STEEL COMPANY 751 possible, but not later than thirty (30) days from the date of this Direction, under the direction and supervision of the Regional Director for the Four- teenth Region, acting in this matter as agent for the National Labor Rela- tions 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 imme- diately 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 any who have since quit or been discharged for cause and have not been rehired or rei;stated prior to the date of the election, to determine whether they desire to be represented by United Steelworkers of America, C.-I. 0., by Alton Works Employees' Association,' or by District 50, United Mine Workers of America, for the purposes of collective bargaining, or by none of these organizations. MR JOHN Avl HousT'o,,,T took no part in the consideration of the above Decision and Direction of Election. At the hearing , the Association requested to appear on the ballot as Independent Union. This request is referred to the Regional Director to whom the Board has delegated discretionary authority regarding this and similar matters relating to the conduct of the ballot