Globe Iron Co.

GLOBE IRON COMPANY 939 to be gained by giving any semblance of validity to the 1949 contract in this case. On the contrary, it seems to me unwise to lead the con- tracting parties to believe that they can in any way rely upon union- security agreements executed under the circumstances here present. The remedy they seek lies with Congress and not the Board. Accordingly, I would reaffirm the Board Decision of July 11, 1951, hold the 1949 contract no bar to the pending petition, and proceed to a determination of the appropriate unit question on the merits. CHAIRMAN HERZOG took no part in the consideration of the above Order Vacating Decision and Decision and Order. GLOBE IRON COMPANY, STANDARD SLAG COMPANY, AND THE JACKSON IRON & STEEL COMPANY and UNITED STEELWORKERS OF AMERICA, CONGRESS OF INDUSTRIAL ORGANIZATIONS, PETITIONER GLOBE IRON COMPANY and AMERICAN FEDERATION OF LABOR, PETI- TIONER. Cases Nos. 9-RC-1199 and 9-RC-1215. August 2,1951 Decision, Order, and Direction of Election Upon separate petitions duly filed under Section 9 (c) of the Na- tional Labor Relations Act, a consolidated hearing was held before Lloyd R. Fraker, hearing officer. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed? Pursuant to the provisions of Section 3 (b) of the Act, the Board has delegated its powers in connection with this case to a three-member panel [Members Houston, Reynolds, and Styles]. Upon the entire record in this case, the Board finds: 1. The Employers are engaged in commerce within the meaning of the Act. 2. The labor organizations involved claim to represent employees of the Employers.2 3. A question affecting commerce exists concerning the represen- tation of employees of the Employers within the meaning of Section 9 (c) (1) and Section 2 (6) and (7) of the Act. 4. Steelworkers, the petitioner in Case No. 9-RC-1199, seeks to represent a multiemployer unit consisting of the production and main- I American Federation of Labor, herein called AFL, filed a motion with the Board for rehearing on the ground that the hearing officer erred in excluding certain evidence. See footnote 5, below, for discussion of this motion. 2 International Union of Mine, Mill and Smelter Workers, Local No. 170, herein called Mill Workers, was permitted to intervene in both instant cases . AFL was permitted to Intervene at the hearing in Case No. 9-RC-1199. United Steelworkers of America, CIO, herein called Steelworkers, was permitted to intervene in Case No. 9-RC-1215. 95 NLRB No. 110. 940 DECISIONS OF NATIONAL LABOR RELATIONS BOARD tenance employees of the Globe Iron Company, herein called Globe, the Standard Slag Company, herein called Standard, and the Jack- son Iron & Steel Company, herein called Jackson, at the Jackson; Ohio, .plants of the Employers. AFL, the petitioner in Case No. 9-RC -1215, seeks to represent a unit of production and maintenance, employees at Globe's Jackson, Ohio, plant. Mill Workers and the Employers contend that the multiemployer unit sought by Steelworkers is alone appropriate. AFL, while con- tending that a single-employer unit is appropriate, desires to be ac- corded a place on the ballot in the event a multiemployer unit is found appropriate. For over 30 years, the Employers have bargained jointly with Mill Workers through a committee composed of a representative of each Employer,3 and the resulting agreements have been embodied in a single contract covering the employees of all three Employers. In Standard Slag Company, 63 NLRB 313, the Board found a multi- employer unit composed of the employees of Standard, Globe, and Jackson to be alone appropriate, and dismissed a petition for a single- employer unit of Standard employees only. - The Board has heretofore held that the essential element for estab- lishing a multiemployer unit is the fact that the employers involved have participated in, and desire to be bound by, group bargaining.4 We find that the Employers in the instant cases have participated in, and demonstrated their desire to be bound by, group rather than in- dividual action in their labor relations, and that the multiemployer unit sought by Steelworkers is alone appropriate .-5 Accordingly. we find that all production and maintenance em- ployees of the Employers,e excluding office and clerical employees,7 employees of independent contractors, guards," professional em- 3 In the latest bargaining conference , resulting in the execution of a master contract on October 25, 1949, all three Employers were represented by a single individual . This con- tract was to expire on June 30, 1951. 4 Associated Shoe Industries of Southeastern Massachusetts , Inc., et al., 81 NLRB 224. In a motion for rehearing filed with the Board , AFL excepts to the hearing officer's exclusion of evidence designed to show that in the multiemployer negotiations the parties automatically adopted the wage rates of the U. S. Steel Corporation , and that one of the Employers dominated the others in the negotiations . As proof of these matters would not affect the result in this proceeding , the motion for rehearing is hereby denied. . 8 While the track foreman at Jackson directs other employees , his authority is of merely a routine nature. We find therefore that he is not a supervisor. We will, in accordance with the agreement of the parties, include him in the unit. 7In accordance with the agreement of the parties , we exclude from the unit two em- ployees at Jackson who work in the supply house as clerks. As the watchmen are occupied primarily in plant-protection duties, we find that they are guards, and will exclude them from the unit . Wiley Mfg. Inc., 92 NLRB 40. UNITED' STATES' TIME CORPORATION 941 ployees,9and supervisors 10 constitute a unit appropriate for the pur-, poses of collective bargaining within the meaning of Section 9 (b) of the Act. As we have found that the multiemployer unit is alone appropriate, we shall dismiss the petition in Case No. 9-RC-1215 for a single- .employer unit. 5. As it appears from the record that probationary employees usually become regular employees, we find, in accordance with the .agreement of the parties, that they have a sufficient interest in the present election to entitle them to a voice in the choice of a bargaining representative. We find, therefore, that probationary, employees are eligible to vote in the election." Order IT IS HEREBY ORDERED that the petition in Case No. 9-RC-1215 be, and it hereby is, dismissed. [Text of Direction of Election omitted from publication in this volume.] 9 As the chemists are required to have knowledge of an advanced type In the field of chemistry, we will, In accordance with the agreement of the parties ( Globe took no posi- tion as to its chemist ), exclude the chemists from the unit. 10 We find that the following employees are supervisors , and we will exclude them from the unit : James Barlow, Charles O. Evans, George Green, Willard McGhee , William Messing, Fred Rowland, Kelley Wasmer, Mayfield White, Ralph McGhee, Charles Martin, Elba Rowland, Evan J. Davis, John Waugh, Earl Dunn, Isaiah Graham, James Kontner, and Robert Pope. 11 Del Rio & Winter Garden Telephone Company, 85 NLRB 199. UNITED. STATES TIME CORPORATION and LODGE 325, INTERNATIONAL ASSOCIATION OF MACHINISTS ," PETITIONER. Cases Nos. 3°3-RC 337, 39-RC--338, 30-RC-339, 32RC 30, and 32-RC--331. August 2, 1951 Decision, Order, and Direction of Elections Upon petitions duly filed under Section 9 (c) of the National Labor Relations Act, a consolidated hearing was held before Anthony J. .Sabella, hearing officer. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed.2 .1 The Petitioner's name appears as amended at the hearing. ' At the hearing, the Clock Workers Federal Union Local No. 24011 , AFL, herein called the Intervenor, moved to dismiss the petition In each case on the ground of the inappro- priateness of the unit. For the reasons hereinafter stated, this motion is granted as to the petitions for units of tool inspectors and mechanics, but denied as to the others. 95 NLRB No. 105.