American Bridge Co.

In the Matter Of AMERICAN BRIDGE COMPANY and INTERNATIONAL FED- ERATION OF TECHNICAL ENGINEERS ', ARCHITECTS' AND DRAFTSMEN'S UNION, LOCAL 90-A, A. F. OF L. Case No. 13-B-3364.-Decided April 25, 1946 Knapp, Cushing, Hersberger and Stevenson, by Mr. Paul R. Coughan, of Chicago, Ill., for the Company. Daniel D. Carmell, by Messrs. Lester Asher and Ursa C. Stringer, of Chicago, Ill., for the A. F. of L. Mr. John J. Brownlee, of Pittsburgh, Pa., for the C. 1. 0. Mr. Fred L. Williams, of Gary, Ind., for the F. A. A. Mr. Harry R. Ehrlich, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon a petition duly filed by International Federation of Technical Engineers', Architects' and Draftsmen's Union, Local 90-A, A. F. of L., herein called the A. F. of L., alleging that a question affecting com- merce had arisen concerning the representation of employees of Ameri- can Bridge Company, Gary, Indiana, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before William C. Murdock, Trial Examiner. The hearing was held at Chicago, Illinois, on March 21, 1946. The Com- pany, the A. F. of L., United Steelworkers of America, C. I. O.,'herein called the C. I. 0., and Foremen's Association of America, herein called the F. A. A., 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 opportunity to file briefs with the Board. Upon the entire record in the case, the Board makes the following : 3 The C I 0 is the collective bargaining agent for the Company's maintenance and production employees and salaried clerical employees and intervened merely to protect its established interest. 67 N. L. R. B., No. 100. 776 AMERICAN BRIDGE COMPANY FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY 777 American Bridge Company is a New Jersey Corporation with offices located in New York City, Chicago, Illinois, and Pittsburgh, Penn- sylvania. It also owns and operates a plant at Gary, Indiana, which is known as the Gary Plant, and which is the only plant involved in this proceeding, At its Gary Plant the Company is engaged in the manufacture and fabrication of structural steel for use in construction of bridges, buildings, towers, turntables, etc. The raw material used by the Company consists principally of structural steel. The value of both the raw material used and the finished product will exceed $1,000,000 annually. Substantial amounts of both the raw material and the finished product are transported in interstate commerce. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. H. THE ORGANIZATIONS INVOLVED International Federation of Technical Engineers', Architects' and Draftsmen's Union, Local 90-A, is a labor organization, affiliated with the American Federation of Labor, admitting to membership em- ployees of the Company. United Steelworkers of America is a labor organization, affiliated with the Congress of Industrial Organizations, admitting to member- ship employees of the Company. Foremen's Association of America is a labor organization, admit- ting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The Company has refused to grant recognition to the A. F. of L. as the exclusive bargaining representative of its employees until the A. F. of L. has been certified by the Board in an appropriate unit. A statement of a Board agent, introduced into evidence at the hearing, indicates that the A. F. of L. represents a substantial number of employees in the unit hereinafter found appropriate.2 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. 2 The Field Examiner reported that the A F, of L . submitted 48 cards, bearing the names of 42 employees of the Company , and that the F. A. A submitted 7 cards , bearing the names of 7 employees of the Company. There are approximately 80 employees in the appropriate unit 778 DECISIONS OF NATIONAL LABOR RELATIONS BOARD IV. THE APPROPRIATE UNIT The, Company and the A. F. of L. are in substantial agreement that the unit appropriate for collective bargaining should consist of all draftsmen, tracer draftsmen, squad leaders, and civil and mechanical engineers of the American Bridge Company, Gary Plant, Gary, In- diana, but excluding clerical employees, administrative employees, con- fidential employees, employees in the Industrial Engineering Depart- ment, supervisors, assistant supervisors, and all or any other super- visory employees with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees, or effectively rec- ommend such action.3 The C. I. 0. raises no objection to the appro- priateness of the unit. The F. A. A., however, contends that the 10 squad leaders constitute a separate appropriate Unit .4 The 10 squad leaders are hourly paid employees, each of whom makes assignments and directs the work of approximately 7 other employees. They spend 50 percent of their time performing the same work as performed by those they direct. They have no authority to change or recommend changes in the status of employees under their direction nor to reprimand or discipline. We find that squad leaders are not supervisory employees within our usual description of the term. Ac- cordingly, we shall include them in the drafting unit. We find that all draftsmen, tracer draftsmen, squad leaders, and civil and mechanical engineers of the American Bridge Company, Gary Plant, Gary, Indiana, but excluding clerical employees, ad- ministrative employees, confidential employees, employees in the In- dustrial Engineering Department, supervisors, assistant supervisors, and all or any 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 mean- ing of the 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 em- ployees in the appropriate unit who 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. 3 This is the same bargaining unit as that established at the Company's Pennsylvania plant i The F A A was permitted to intervene over objection of the Company and the A F of L, but stated that should the Board find that these 10 men are not supervisory and do not constitute a separate unit, that it does not wish to appear on the ballot. AMERICAN BRIDGE COMPANY DIRECTION OF ELECTION 779 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 American Bridge Company, Gary Plant, Gary, Indiana, an election by secret ballot shall be conducted as early as 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 Thirteenth 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 em- ployees 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 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 or not they desire to be represented by International Federation of Technical Engineers ', Architects' and Draftsmen's Union, Local 90-A, A. F. of L., for the purposes of collective bar- gaining. CHAIRMAN HERZOG took no part in the consideration of the above Decision and Direction of Election.