American Steel & Wire Co.

In the Matter Of AMERICAN STEEL' & WIRE COMPANY ( NEW HAVEN - PLANT ) and UNITED STEELWORKERS OF AMERICA (C. I. 0.) LOCAL No. 2910 Case No. R--X5802.Decided July 19, 1914 Messrs. John H. Kerr and J. E. Kelley, of Cleveland, Ohio, and Mr. Robert Murray, of New Haven, Conn., for the Company. Mr. Edward J. Hilland, of New Haven, Conn., for the Union. Miss Frances Lopinsky, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petition duly filed by United Steelworkers of America (C. I. 0.) Local No. 2910, herein called the Union, alleging that a question affecting commerce had arisen concerning the representa- tion of employees of American Steel & Wire Company, New Haven, Connecticut, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before John W. Coddaire, Jr., Trial Examiner. Said hearing was held at New Haven, Connecticut, on June 29, 1943. The Company and the Union appeared, participated, and 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 : FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY American Steel & Wire Company is a New Jersey corporation witli its principal executive offices in Cleveland, Ohio. It operates 17 plants, 1 of which is in New Haven, Connecticut, and is concerned in this case. The Company is engaged in the manufacture and sale of 51 N. L R . B., No. 85. 440 AMERICAN STEEL & WIRE COMPANY 441 steel and wire products, pig iron, zinc, and byproduct coke. In a normal year, the New Haven plant uses raw materials consisting mainly of hot rolled rods, lubricants, and hemp centers of a value exceeding • $25,000, approximately all of which are purchased from points outside the State of Connecticut. It turns out finished products of a value exceeding $1,500,000, approximately 99 percent of which is shipped to points outside the State of Connecticut. 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 No. 2910, is a labor organi- zation affiliated with the Congress of Industrial Organizations, admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION On or about May 26, 1943, the Union requested recognition as 'the exclusive bargaining representative of the plant-protection employees, excluding chief of police, at the Company's New Haven, Connecticut plant. The Company refused to recognize the Union as such repre- sentative unless and until it was certified by the Board. A statement of the Regional Director, introduced in evidence at the hearing, indicates that the Union represents a-substantial number of employees in the unit herein 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 Both the Company and the Union are in agreement that the patrol- men should be included in the unit and that the chief should be ex- chided. The Company claims that the sergeants are supervisory em- ployees and should be excluded. The Union insists that they are not supervisory employees and should be included. The plant-protection employees of the Company at its New Haven, Connecticut, plant comprise 13 patrolmen, 3 sergeants and a• chief, whose proper title is Supervisor of Safety and Plant Protection and whose duties are much broader in scope than here supervision of the plant-protection staff. The sergeants are each in charge of a turn or i The Union submitted 11 membership cards dated in February , March, and April. --All Appeared genuine and original and 8 of these appeared on the Company 's pay roll of May 29, 1943, which contained 13 names in the appropriate unit. 442 DECISIONS OF NATIONAL LABOR RELATIONS BOARD shift. The chief works the first turn of the day and 1 hour of the second. The record discloses that the sergeants are in complete con- trol of the patrolmen in their particular turns in the absence of the chief. They are paid on the same basis as the patrolmen, but at a higher rate. They exercise a wide discretion, have power to direct the patrolmen in their duties, and to reprimand them for failure to perform their work properly. Their recommendations are given con- sideration in the promotion and tenure of the patrolmen. They attend meetings of management at which are present supervisory employees throughout the plant. We find that the 3 sergeants are supervisory employees and shall exclude them from the unit? We find that the patrolmen of the Company's New Haven, Con- necticut, plant, excluding sergeants and the chief of police, 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 em- ployees of the Company in the unit found appropriate in Section IV, above, 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 Relation's Act, and pursuant to Article III, Section 9, of National Labor Rela- tions 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 American Steel & Wire Company, New Haven, Connecticut, 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 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 of Election, including employees who did 2 SeeyMatter of General Motors Corporation, Delco Remy Dtivision , R-5495, decided June 8, 1943. See also Matter of Aluminum Company of America , 50 N. L. R. B. 380. AMERICAN STEEIL & WIRE COMPANY 443 , not work during such 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 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 (C. I. 0.) Local #2910, for the purposes of collective bargaining.