Republic Steel Corp.

In the Matter of REPUBLIC STEEL CORPORATION, UNION DRAWN SKEET DIVISION, GARY PLANT and UNITED STEELWORKERS OF AMERICA, LOCAL UNION 3603, C. I. O. Case No. 13-R-3138.Decided December 29, 19415 Mr. George R. Rausclaenberg , of Cleveland , Ohio, for the Company. Messrs. Freeman Bellar and William. Miller, both of Gary, Ind., for the Union. Mr. Benj. E. Cook , 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 Union 3603, C. I. 0., herein called the Union, alleging that a question affecting commerce had arisen concerning the representation of employees of Republic Steel Corporation, Union Drawn Steel Division, Gary Plant, Gary, Indiana, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Beiijaimn B. Salvaty, Jr., Trial Examiner. The hearing was held at Chicago, Illinois, on August 23, 1945. The Company and the Union 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 full! 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 Republic Steel Corporation is a New Jersey corporation, having its principal offices at Cleveland, Ohio. The Company is engaged in 3 Alleging that the unit sought was inappropriate , the Company moved to dismiss the petition . For reasons set forth in Section IV, in/re, the motion is hereby denied. 65 N. L. R. B., No. 7. 31 679100-46-vol. 65-4 32 DECISIONS OF NATIONAL LABOR RELATIONS BOARD the manufacture, sale, and distribution of iron and steel products with manufacturing and finishing plant's in the States of Ohio, New York, Illinois, Pennsylvania, Indiana, and Alabama and in Canada. The onlyplant of the Company involved in this proceeding is located at Gary, Indiana, and is known as the Union Drawn Steel Division, Gary Plant. The Company obtains about one-half its requirements of iron ore and coal from its own mines and the remaining part from mines of companies in which it, has an interest or by purchase from others. The Company or its subsidiaries own or control iron ore properties in the States of Michigan, New York, and Alabama, and coal com- panies in the States of Pennsylvania, Kentucky, and West Virginia. A substantial tonnage of raw materials used at each of the Com- pany's plants and properties is received from points outside the States in which are located the respective plants at which the material is used. A substantial tonnage of finished products is shipped from each of the plants to points outside the States in which the respective plants are located. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. 11. TIIE ORGA \IZ-\TLON LNVOL\ED United Steelworkers of America, Local Union 3603, C. I. O., is a labor organization, affiliated with the Congress of Industrial Organi- zations , admitting to membership employees of the Company. 111. THE QUESTION CONCERNING REPRESENTATION The Company has refused to grant recognition to the Union as the exclusive bargaining representative of certain of its employees until the Union has been certified by the Board in an appropriate unit. A statement of a Board agent, introduced into evidence at the hear- ing, indicates that the Union 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 APPROPRIATE UNIT The Union seeks a unit comprising all office and clerical employees of the Company, including the storekeeper, the bonus clerk, clerks and ' The Field Examiner reported that the Union submitted 16 cards, bearing the names of 16 employees listed on the Company's pay coil of August 7, 1945, and that 12 of the cards aie dated October 1944, 2 are dated May 1945, and 2 are undated There are approximately 22 employees in the appropriate unit REPUBLIC STEEL CORPORATION 33 typists in the metallurgical department, the teletype and switchboard operator, the cost and pay-roll clerks, but excluding the industrial engineer, the nurse, and all supervisory employees. The Company takes the general position that all its office and clerical employees occupy either a confidential or supervisory status, and that, therefore, the unit sought is inappropriate. Although it iiiay be conceded that-the Company's office employees, as a whole, may have access to important information, unless such information relates directly to labor relations matters, they cannot be said to enjoy a confidential status within the Board's customary definition thereof.3 Other than as hereinafter indicated, there is no evidence in the record to sustain the Company's contention that all its office employees are employed in either a confidential or supervisory capacity. The Union would include William Stephens and William Miller, who are charged with the planning and scheduling of raw materials, and Helen Crislnan, who is in charge-;of billing operations. The un- contradicted evidence shows that all the foregoing employees possess authority effectively to recommend changes in the status of employees under their supervision. We shall, therefore, exclude them. As indicated above, the Union would also include the four cost and pay-roll clerks, all of whom are tinder the immediate supervision of the chief clerk. The chief clerk is also in charge of all personnel matters for the plant, the Company maintaining no separate per- sonnel department. The record shows that, as a result, all four of the cost and pay-roll clerks in the course of their duties have access to information relating to labor relations, employment records, and other personnel nnatters ; accordingly, we shall exclude them. We find that all office and clerical employees of the.Company, in- cluding the storekeeper, the bonus clerk, clerks and typists in the metallurgical department, the teletype and switchboard operator, but excluding the industrial engineer, cost and pay-roll clerks, the nurse, and all supervisory employees with authority to hire, promote, dis- charge, discipline, or otherwise effect changes in the status of em- 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. TILE DETERMINATION OF REPRESENTATIVES We shall direct that the question concerning representation which has arisen be resolved by an election by secret ballot among employees 'Matter of U 8 Automats, Coi poration, 58 N L R B 662 4 Excluded as falling within the above supervisory definition are William Stephens, William Miller, and Helen Crisman. 34 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 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 3, as ' amended, it is hereby DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with Republic Steel Corporation, Union Drawn Steel Division, Gary Plant. Gary, Indiana, an election by secret ballot shall be conducted as early as possible, but not later than sixty (60) 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 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, includ- ing 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 them- selves in person at the polls, but excluding any 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 United Steelworkers of America, Local Union 3603, affiliated with the Congress of Industrial Organizations, for the purposes of collective bargaining.