Consolidated Steel Corp., Ltd.

In the Matter Of CONSOLIDATED STEEL CORPORATION, LTD. and UNITED STEELWORKERS OF AMERICA, LOCAL 2058, C. I. O. Case No. R-5603.-Decided July 14, 1943 Mr. Gordon Hall, Jr., of Los Angeles, Calif., for the Company. Mr. Robert R. Clark, of Maywood, Calif., for the Union. Mr. Robert Silagi. 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 2058, C. F. 0., herein called the Union, alleging that a question affect- ing commerce had arisen concerning the representation of employees of Consolidated Steel Corporation, Ltd., Los Angeles, California, herein called the Company, the National Labor Relations Board pro- vided for an appropriate hearing upon due notice before William B. Esterman, Trial Examiner. Said hearing was held at Los Angeles, California, on June 25, 1943. , The Company and the Union appeared and participated. All parties were afforded full opportunity to be heard, to examine and cross-examine witnesses, to introduce evidence bearing on the issues, and to file briefs with the Board. The Trial Examiner's rulings made at the hearing are free from prejudicial error and are hereby affirmed. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY Consolidated Steel Corporation, Ltd., is a California corporation engaged in the production of steel products. At its Maywood, Cali- fornia, plant, the Company fabricates structural steel plates, machin- ery and other steel products; it also produces, at other locations, cargo vessels, escort vessels, landing barges, Naval ordnance and synthetic rubber plant equipment. Substantially all of the Company's output 51 N. L. R. B., No. 69. o 333 334 DECISIONS OF NATIONAL LABOR RELAffIONIS BOARD is related to the war effort and is delivered, to various agencies of the United States Government. During the year 1942 the Company pur- chased raw materials consisting of steel plates, structural machinery, castings and other special equipment for ship and ordnance construc- tion having an approximate value of $10,000,000. Of these purchases, approximately $8,000,000 worth of raw materials were shipped to the Company from sources outside the State of California. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATION INVOLVED United Steelworkers of America, Local 2058, affiliated with the Con- gress of Industrial Organizations, is a labor organization admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The Company has refused to grant recognition to the Union as the exclusive bargaining representative of its employees until the Union has been certified by the Board in an appropriate unit. A statement of the Field Examiner, introduced into evidence at the' hearing, indicates that the Union 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 Section 9 (c) and Section 2 (6) and (7) of the Act. IV. THE APPROPRIATE UNIT The Union seeks a unit comprised of non-supervisory plant-pro- tection employees at the Maywood plant. The Company opposes the establishment of such a unit on the grounds that (a) plant-protection employees are peculiarly identified with management, (b) the produc- tion and maintenance employees are already represented by the Union, (c) there is no common bond of interest between the plant-protection employees and the production and maintenance employees, and (d) the militarization of the plant-protection employees renders them in- appropriate) as a unit. As a consequence of a Decision and Direction of Election issued by the Board in a matter involving the same parties 2 on August 2, 1940, i The Field Examiner reported that the Union submitted 27 application-for-membership cards all of which bore apparently genuine original signatures ; that the names of 25 per- sons appearing on the cards also appeared on a list furnished by the Company which con- tained the names of 41 employees in the appropriate unit ; that all the cards were dated in 1943 with the exception of 1 which was dated in December 1942. a Matter of Consolcdated Steel Corporattion , Ltd., 26 N. L. it. B. 44. CONSOLIDATED STEEL CORPORATION, LTD. 335 the parties entered into a contract, which, through subsequent amend- ment and renewal, is still in effect. By this contract the Union is recognized as the exclusive bargaining representative of the produc- tion and maintenance employees of the Company. Although the con- tract does not explicitly include or exclude plant-protection employees, by common consent they are considered to be excluded. All of the arguments proposed by the Company with respect to the inappropriateness of a unit of plant-protection employees have been frequently considered and rejected by the Board. The facts in the instant case reveal no novel or radical departure from the cases pre- viously decided on these points. The record shows that the plant- protection employees are hourly paid employees of the Company who have been sworn into the Coast Guard Reserve. Their duties are to identify all persons entering or leaving the plant, enforce the Com- pany's rules with respect to the personal conduct of its employees, safe- guard the plant and prevent the destruction or sabotage of U. S. Gov- ernment property. They make up reports on fights between em- ployees, thefts, and similar incidents, which are used as the bases of the disciplinary action taken by higher authorities. The record does not show that plant-protection employees exercise any disciplinary authority over the production and maintenance employees, or that they make recommendations with respect to discipline. In view of these facts, we find no merit in the Company's contentions.3 Because of its position that a unit of plant-protection employees is inappropriate, the Company did not state its desires as to exclusions of supervisory employees from the unit. The Union seeks all guards or watchmen with the exception of the captain and the lieutenant of the plant-protection force. In addition to the officers mentioned, the Company employs sergeants who exercise supervisory authority over the guards. The testimony of the Company's personnel director, who is charged with responsibility for plant protection and internal secu- rity, indicates that each shift has a sergeant with authority to recom- mend disciplinary action for the guards under him. He further testi- fied that several discharges were made as the result of such recom- mendations. In keeping with our normal practice in this respect, we shall exclude sergeants from the appropriate unit. We find that all plant-protection guards at the Company's plant in Maywood, but excluding the captain, lieutenant, and sergeants and any other supervisory employees with authority to hire, promote, dis- charge, discipline, or otherwise effect changes in the status of em- ' See Matter of Chrysler Corporation, Highland Park Plant, 44 N. L. R. B. 881 ; Matter of Cramp Shipbuilding Company, 46 N. L R. B. 1186 ; Matter of Firestone Tire and Rubber Company of America, 50 N. L. R. B. 679; Matter of Aluminum Company of America (Detroit, Michigan), 50 N. L. R. B. 233; and Matter of Federal Motor Truck Co., 50 N. L. R. B. 341. 336 DECISIONS OF NIATIONAL LABOR RELATIONS BOARD ployees, or effectively recommend such action, constitute a unit appro- priate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act. V. THE DETERMINATION OF REPRESENTATIVES The Union prefers that June 1, 1943, be used as the eligibility date in voting. No substantial reason appearing for deviating from our normal practice, we shall direct that the question concerning repre- sentation 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 immediately 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 Rela- tions Act, and pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 2, as amended, it is hereby DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with Consolidated Steel Corporation, Ltd., Los Angeles, California, 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 super- vision of the Regional Director for the Twenty-first Region, acting in this matter as agent for the National Labor Relations Board, and subject to Article III, Section 10, 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 vaca- tion 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, to determine whether or not they desire to be represented by United Steelworkers of America, Local 2058, affiliated' with the Congress of Industrial Organizations, for the purposes of collective bargaining.