Keystone Steel & Wire Co.

In the Matter of KEYSTONE STEEL & WIRE COMPANY and UNITED FARM EQUIPMENT AND METAL WORKERS OF AMERICA, C. I. 0. In the Matter of KEYSTONE STEEL & WIRE COMPANY and INTERNA- TIONAL BROTHERHOOD OF FIREMEN & OILERS, A. F. L. In the Matter of KEYSTONE STEEL & WIRE COMPANY and INTERNA- TIONAL UNION OF OPERATING ENGINEERS, A. F. L. Cases Nos. 13-R-3180, 13-R 189, and 13-R-- .00, respectively.- De-cided January 8, 19/.6 Baer, Clenderlin d Davis, by Mr. Ar leigh Davis, of Peoria, Ill., for the Company. Meyers d Meyers, by Mr. N. E. Baker, of Chicago, Ill., and Messrs. Bruce Brown and Orval E. Taylor, both of Peoria, Ill., for the C. I. O. Mr. John Casserlry, Jr., of Peoria, Ill., for the Firemen. Mr. Earl R. Calvin, of Peoria, Ill., for the Operating Engineers. Mr. E. J. Reid, of Chicago, Ill., and Mr. J. IV. McGee, of Peoria, Ill., for the Machinists. Mr. Earl J. Calandro, of Peoria, Ill., for the U. M. W. Mr. E. V. Champion, of Peoria, Ill., for the Alliance. Mr. John A. Nevros, of counsel to the Board. DECISION AND DIRECTION OF ELECTIONS STATEDIENT OF THE CASE Upon separate petitions duly filed by United Farm Equipment and Metal Workers of America, C. I. 0., herein called the C. I. 0.,' In- ternational Brotherhood of Firemen and Oilers, A. F. L., herein called the Firemen, and International Union of Operating Engineers, A. F. L., herein called the Operating Engineers, alleging that questions affecting commerce had arisen concerning the representation of em- ployees of Keystone Steel & Wire Company, Bartonville, Illinois, herein called the Company, the National Labor Relations Board con- ' The C I 0 filed a first amended petition on July 13, 1945 65 N. L R B, No. 56. 274 KEYSTONE STEEL & WIRE COMPANY 275 solidated the cases'and provided for an appropriate hearing upon due notice before Gustaf B. Erickson, Trial Examiner. The hearing was held at Peoria, Illinois, on August 23, 1945. In advance of the hear- ing, Independent Steel Workers Alliance, herein called the Alliance, filed a motion to intervene and to *stay all proceedings in the case, pending judicial review by the United States Circuit Court of Ap- peals for the Seventh Circuit of the Board's Decision and Order in Matter of Keystone Steel cC Wire Company, Case No. 13-C-2069,2 in which the Board directed the Company to withdraw all recognition from and to disestablish the Alliance as a collective bargaining repre- sentative of any of its employees and to cease giving effect to any col- lective bargaining agreement it had with that organization. TheTrial Examiner denied the motion at the hearing. For the reasons cited by us in Matter of Johnson Bronze Company 3 and in Matter of New Idea, Inc.,4 this ruling of the Trial Examiner is hereby afiirnied.5 The Com- pany, the C. 1. 0., the Firemen, the Operating Engineers, International Association of Machinists, Lodge No. 360, herein called the Machinists, and District 50, United Mine Workers of America, Independent, herein called the U. M. W., appeared and participated. All parties were afforded full opportunity to be heard, to examine and cross- examine witnesses, and to introduce evidence hearing on the issues. All other rulings made by the Trial Examiner at the hearing are free from prejudicial error and are hereby affirmed. All parties were af- forded opportunity to file briefs with the Board. Upon the entire record in the case, the Board makes the following: FINDII GS OF FACT 1. TILE BUSINESS OF TILE COMPANY Keystone Steel & Wire Company, an Illinois corporation, owns and operates a plant consisting of a steel mill and wire mill, at Barton- ville, Illinois, where it is engaged in the manufacture, sale, and dis- tribution of semi-finished and finished steel products. During the year 1944 the Company purchased raw materials valued in excess of $1,000,000, of which approximately 50 percent represented ship- ments to the Company from sources outside the State of Illinois. During the same period the Company's sales exceeded $1,000,000, in 2 62 N. L R B 683 a59N L R B 957 25N L. R. 11 265 5 The Tnial Examiner denied the C I 0 s motion for dismissal of the U M. W 's petition to intervene on the ground that the showing of interest was inadequate and for dismissal of the Machinists' petition for lack of any showing of interest Since the claims of inter- est of the U M W and the Machinists were substantiated, as appears in Section III, infra, by their showings of membership in the units alleged by them to be appropriate, the Trial Examiner ruled correctly in the premises. 276 DECISIONS OF NATIONAL LABOR RELATIONS BOARD value, of which more than 50 percent represented shipments to points outside the State. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATIONS INVOLVED United Farm Equipment and Metal Workers of America, affiliated with the Congress of Industrial Organizations, is a labor organization admitting to membership employees of the Company. International Brotherhood of Firemen and Oilers, and Interna- tional Union of Operating Engineers, both affiliated with the American Federation of Labor, are labor organizations admitting to membership employees of the Company. International Association of Machinists, Lodge No. 360, and Dis- trict 50, United Mine Workers of America, Independent, are labor organizations admitting to membership employees of the Company. IIT. T14E QUESTIONS CONCERNING REPRESENTATION The Company refuses to grant recognition to the C. I. 0., the Fire- men, or the Operating Engineers as the exclusive collective bargaining representatives of any of its employees pending completion of litigation concerning the Board's Decision and Order in Matter of Keystone Steel d Wire Corzpany.s A statement of a Board agent, introduced into evidence at the hear- ing, indicates that the C. I. 0., the Firemen, and the Operating En- gineers each represents a substantial number of employees in the units alleged to be appropriate in Cases Nos. 13-R-3180, 13-R-3189, and 13-R-3200, respectively., We find that questions affecting commerce have 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. 6 See footnote 2, supra ' The Field Examiner reported that the C . I. 0., the Firemen , and the Operating Engi- neers, submitted 5t4, 7, and 9 application -for-membership cards , respectively. The record indicates that there are approximately 1,400 production and maintenance workers in the unit sought by the C. I 0 ; approximately 10 employees in the unit alleged to be appro- piialc by the Firemen , and approximately 9 employees in the unit sought by the Operat- ing Engineers. The Company did not submit any pay roll against which the cards might be checked The Field Examiner also reported that the Machinists submitted 233 application-for- membership cards At the hearing the U Al W submitted 123 authorization cards. The unit sought by both the Machinists and the U . M W. is similar to the one alleged to be appropriate bi the C 1 0 Although the C I 0 impliedly contended to the contrary, we find that the Machinists and the U M W have made a showing of interest sufficient to entitle each of theme, to a place on the ballot. See Matter of United States Rubber Company, Synthetic Rubber Division . 56 N L R . P. 1328 , Matter of Elgin National Watch Company, 56 N L. R B. 30 Matter of Castle Dome Copper Co ., Inc., 52 N L R . B. 135; and Matter of Kennecott Copper Corporation, 51 N L R . B 1140. KEYSTONE STEEL & WIRE COMPANY 277 lV. THE APPROPRIATE UNIT ; THE DETERMINATION OF REPRESENTATIVES The Firemen contends that all firemen and their helpers, employed in the powerhouse constitute an appropriate unit. The Operating Engineers alleges that the engineers and their helpers in the power- house, including the powerhouse superintendent 8 constitute an ap- propriate unit. While the C. I. 0., the Machinists, and the U. M. W. are in general accord that all production and maintenance employees excluding watchmen, office and clerical employees, foremen, assistant foremen, and supervisory employees constitute an appropriate unit, the C. 1. 0. and the Machinists agree that the firemen and their helpers on the one hand, and the engineers and their helpers on the other hand, may constitute separate appropriate units, or form part of the pro- duction and maintenance unit, depending in part upon the desires of these groups of employees.9 The Company, however, maintains gen- erally that only a plant-wide unit including the firemen and the engineers is appropriate. The Company has had collective bargaining relations with the Alliance and a predecessor organization, the Keystone Employees' Assocation, herein called the K. E. A. Both organizations were found by the Board to have been company-dominatedl9 Inasmuch as the K. E. A. and the Association are illegal labor organizations under the Act, the history of collective bargaining between them and the Com- pany does not necessarily reflect or establish the desires of the em- ployees respecting representation, and can have no weight in deter- mining the appropriate collective -bargaining unit, or units. The Company has approximately 1,700 employees, of which approximately 1,400 are production and maintenance employees, and approximately 300 are office clerical employees. The Company's plant operations are composed of 2 divisions which are approximately an eighth of a mile apart, viz, the steel mill and the wire mill. The forlner includes scrap preparation yards, an open hearth, a blooming or breakdown mill," a rod mill,12 loading and maintenance facilities; and the latter consists of various departments for cleaning, processing, and drawing wire, a machine shop, the main office, and shipping and maintenance facilities. The 2 mills are connected by a narrow gauge industrial railroad which is operated exclusively by Company em- ployees,,who form an integral part of the production process. There is substantia[ interchange of both production and maintenance per- sonnel bet`,,een the 2 plants. In addition, all operations are centrally e Referred to a s the chief engineer by the Operating Engineers. 9 The U. M. IT. has not stated its position on self-determination for the firemen and the engineers. 10 See footnote 2, supra. 11 For blooming ingots Into billets. '^ For converting billets Into rods. 278 DECISIONS OF NATIONAL LABOR RELATIONS BOARD supervised, and the service departments are maintained by a central division. A single powerhouse furnishes steam and electricity neces- sary for the operaton of both mills. Both the firemen and their helpers, and the engineers and their helpers, work in the Company's powerhouse. The firemen make steam and the engineers manufacture electricity. The firemen are skilled employees who are required to have a knowledge of the operation of furnaces and boilers and obtain their jobs only after having had 3 years' experience in such work. They are not licensed, inasmuch as the Company's plant is located beyond the city limits of Peoria, Illi- nois,13 but they possess the qualifications of licensed firemen. Like- wise the engineers are skilled employees in the production of electric power. While the evidence discloses that the Company's operations are highly integrated and that the C. I. 0., the Machinists, and the U. M. W. have organized on a plant-wide basis, it is evident that the proposed units of the Firemen and the Operating Engineers are coin- posed of categories of employees belonging to occupational groups which have traditionally engaged in collective bargaining on a craft basis. Accordingly, notwithstanding such high degree of integration, we are of the opinion that in the absence of an effective history of collective bargaining among the plant's production and maintenance employees, including the firemen and engineers, the craft employees sought by the Firemen and the Operating Engineers, respectively, may properly constitute separate bargaining units or may be merged in a single unit of production and maintenance employees. In these circumstances, we shall permit the scope of the bargaining unit or units to be determined, in part, by the results of separate elections among the groups represented by the Firemen and the Operating Engineers. L1 There remains for consideration the specific composition of the voting groups. As indicated above, there is disagreement in the two craft groups only with respect to the powerhouse superintendent. The Operating Engineers would include him in the voting group while the Company seeks his exclusion; none of the other labor organizations has taken any position on this issue. The record shows that the powerhouse superintendent is a supervisory employee within the Board's custom- ary definition of that term. Accordingly, we shall exclude him. With respect to the residual group of production and maintenance -employees, the C. I. 0., the U. M. W., the Machinists and the Company are in disagreement regarding the following employee categories : 13 Firemen performing similar functions and duties within the city of Peoria , Illinois, are required by municipal ordinance to be licensed. 14 See Matter of Goetz Ice Co , 61 N. L. R. B. 761 ; Matter of Castle Dome Copper Co., Inc., 52 N L R B 135 , Matter of Keanecott Copper Corporation , 51 N. L. R. B 1140. KEYSTONE STEEL & WIRE COMPANY 279 office clericals, factory clericals, print shop employees, and the first- aid and gate office employees.15 In addition, the position of one or more of the parties is not clear as to the following employee cate- gories : testing department employees, laboratory employees, rod test- ers, watchmen, guards, and the time-study man. These employee categories are discussed hereinafter. Office clericals: The Company employs approximately 300 office clerical employees. It would include them in a plant-wide unit, whereas the labor organizations would exclude them. In accordance with our policy of excluding office clericals from a production and maintenance unit, we shall exclude them. Factory clericals: There are approximately 36 factory clerical em- ployees who, in the main, perform clerical work closely connected with the production process, under the direct supervision of the foreman of the department to which they are assigned. Some of these em- ployees are hourly paid and on the factory pay roll and the others are paid on a salary basis and are on the office pay roll. The Company would include all factory clerical employees as part of the production and maintenance unit; the C. I. O. and the Machinists would include those clericals on the factory pay roll but exclude those on the office pay roll; and the U. M. W. would exclude those clericals having access to the Company's records. A company witness testified, without con- tradiction, that none of these clerical employees has access to records pertaining to labor relations. It is also clear that except for the dif- ferent modes of payment between those listed on the factory pay roll and those on the office pay roll,-° there is no difference in the duties, nature of work, and working conditions of these employees. In ac- cordance with our usual practice of including factory clericals in a unit of production and maintenance workers unless the parties agree to their. exclusion, we shall include these employees 17 Print shop employees: The Company and the Machinists would include, while the C. I. O. and the U. Al. W. would exclude, these em- ployees. There are approximately six employees in the print shop, which has been operated as a separate department of the Company for about 35 years. The shop occupies a separate room in the base- ment of the office building. The employees set type, and operate print- ing and mimeograph machines ; it is their function to supply the 15 All the parties agree that the following employees, who are part of the production force, should be included in a pioduction and maintenance unit. janitors, scalehonse eno- ploryces, in(] stoleroo,n employees We shall include them in accordance with that aglee- mtnt In addition, in keeping with the agleenlent of all parties, we shall exclude as super- visory employees, the following employee categories rollers, melters and yard leaders 1° We have held that in determining the appropriateness of a unit we will not distin- guish between employees solely on the ground of the difference in mode of payment. See Matter of D. I. Cu Pont de Nenlours of company, Inc, Rayon Division, 62 N L R B. 146; Matter of Jones d Laughlin Steel Corporation, Pittsburgh Works, 57 N L. R B 357 11 See Matter of Rockford Screw Products Co, 62 N L R. B 1430 280 DECISIONS OF NATIONAL LABOR RELATIONS BOARD printing requirements of the Company. They are paid on a salary basis and are under the jurisdiction of the general production manager, who supervises the entire operations of the Company. We find that these employees have duties and interests different from those of the other production and maintenance employees, and shall exclude them. First-aid and gatehouse employees: The Company would include and the C. 1. 0., the U. M. W., and the Machinists would exclude these employees. First-aid and gatehouse employees are paid on a salary basis, perform clerical work, and are under the supervision of the office staff. ' We are of the opinion that their interests and duties differ from those of the production and maintenance workers and we shall, accordingly, exclude them. Testing department employees, laboratory employees, and rod test- ers: The C. I. 0., the U. M. W., and the Machinists would include these employees with the production and maintenance employees. The Company, however, took no position concerning them. These employees cut and sort samples of rods by either chemical or physical tests and determine whether or not the rods are a suitable product for processing into wire. They require only a few weeks' training and are not considered to be particularly skilled. In our opinion, their work is similar to that of routine laboratory employees whom we usually include in a production and maintenance unit. Accord- ingly, we shall exclude them. Watchmen and guards: The Company would exclude the watch- men and guards, who are armed and some of whom are Auxiliary Military Police. The labor organizations took no position as to these employees. Under the circumstances, we shall exclude them. Time-study man: The Company employs a time-study man who performs duties analogous to those of an industrial engineer analyz- ing and conducting studies of the Company's operations. The Com- pany and the C. I. 0. would exclude him; the other labor organiza-, tions took no position concerning this employee. Because this em- ployee has interests which are distinctly dissimilar from those of production and maintenance employees, we shall exclude him.18 At the hearing the Company requested that, if an election is di- rected, we permit the use of mail ballots by its employees in the armed services. The C. I. 0. opposed mail balloting, while the other labor organizations- took no position on this matter. The circum- stances in this case are not substantially or materially different from those present in the Matter of South West Pennsylvania Pipe Lines.- Accordingly, we shall grant the Company's request. 18 See Matter of Swift and Company, 6 1 N L R. B. 1624 , Matter of Aluminum Company of America, 61 N. L. it B. 1066. '9 64 N. L. R. B. 1384. KEYSTONE STEEL & WIRE COMPANY 281 The Company also urged that soldiers hired by it for the first time while on furlough, and who are given employment for as many days as they want to work, are regular employees who should be permitted to vote in any election the Board might direct. The C. I. O. took a somewhat similar position, but the Machinists and the U. M. • W. opposed the granting of any voting rights to these individuals. Al- though the Company argued that it does not have any "temporary" employees, we note that a witness for the Company testified that a soldier hired under these circumstances is "treated the same as any other applicant" if he returns after discharge from the service seeking work. Moreover, a person in the armed forces of the United States, who was not employed by the Company prior to induction into the service, is not free to establish an immediate regular employment relationship until separated from the service. Accordingly, we find that' those persons in the armed forces of the United States, who were not employed by the Company prior to their induction into the service, and who were thereafter employed by the Company, while on furlough, are not eligible to vote in the elections hereinafter directed. On the entire record and in accordance with the foregoing findings ,of fact, we shall direct that the questions concerning representation which have arisen be resolved by separate elections by secret ballot among the employees in the voting groups described in the Direction of Elections, who were employed during the pay-roll period immedi- ately preceding the date of the Direction of Elections herein, subject to the limitations and additions set forth in the Direction.20 As stated above, there will be no final determination of the appropriate unit or units pending the results of the elections. This determination, will in part, depend upon the choice made by the employees eligible to par- ticipate in such elections. In this case, the Regional Director is author- ized to mail ballots to employees within the voting groups described in the Direction of Elections, who are on military leave, provided that one or more of the parties, Within seven (7) days from the issuance of the Direction of Elections, files with the Regional Director a list con- taining the names, most recent addresses, and work classifications of such employees. The Regional Director shall open and count the ballots cast by mail by employees on military leave, provided that such ballots must be returned to and received at the Regional Office within 20 We construe the position of all labor organizations in urging elections in the respective units alleged to be appropriate as waiving any right to object to any election ordered herein on the basis of the charges filed in 62 N. L. R. B 683. Moreover, the labor organi- zations have not expressed a desire that the elections be postponed until compliance bas been secured with the Board' s order in that case. I 282 DECISIONS OF NATIONAL LABOR RELATIONS BOARD thirty (30) days from the date they are mailed to the employees by the Regional Director.21 DIRECTION OF ELECTIONS 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 Keystone Steel R Wire Company, Bartonville, Illinois, separate elections by secret ballot shall be conducted as early as possible, but not later than forty- five (45) 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 Regula- tions, and to our determination above with respect to servicemen hired for the first time while on furlough, among the following groups of employees of the Company, 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 em- ployees in the armed forces of the United States, 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 elections. (1) To determine whether all firemen and their helpers, including the coal and ashmen, and the maintenance man, employed in the pow- erhouse of the Company, but excluding all or any supervisory em- ployees with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees, or effectively recommend such action, desire to be represented by International Brotherhood of Firemen & Oilers, A. F. L., or by United Farm Equip- ment and Metal Workers of America, C. I. 0., or by International Association of Machinists, Lodge No. 360, or by District 50, United Mine Workers of America, Independent, for the purposes of collec- tive bargaining, or by none of said organizations; 21 A free interchange between the interested parties, of information on the addresses and work categories of the employees to be voted by mail will be necessary in order to avoid challenges and post-election objections Accordingly, the Board will make available to all interested parties any information of this nature furnished it by any other party In the event that the parties should send the absentee voters any information or literature bear- ing directly of indirectly on the pending election, copies of all such documents should be simultaneously filed with the Regional Office for inspection by or transmittal to the other parties However, acceptance or transmittal of such literature by the Board's office, is not to be construed as conferring immunity on the filing party in the event that objections are later interposed concenung its content The usual principles will apply. KEYSTONE STEEL & WIRE COMPANY 283 (2) To determine whether all engineers and their helpers in the powerhouse of the Company, excluding the powerhouse superintend- ent, and all or any other supervisory employees with authority to hire, prolnote, discharge, discipline, or otherwise effect changes in the status of employees, or effectively recommend such action, desire to be rep- resented by International Union of Operating Engineers, A. F. L., or by United Farm Equipment and Metal `Yorkers of America, C. I. 0., or by International Association of Machinists, Lodge No. 360, or by District 50, United Mine Workers of America, Independent, for the purposes of collective bargaining, or by none of said organizations; (3) To determine whether all production and maintenance em- ployees of the Company including factory clericals, janitors, scale house employees, storeroom employees, testing department employees, laboratory employees; and rod testers, but excluding all employees in the powerhouse of the Company, watchmen, guards, print shop em- ployees, first-aid and gatehouse employees, office clerical employees,22 the time-study man, foremen, assistant foremen, and all or any other supervisory employees 23 with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees, or effectively recommend such action, desire to be represented by United Farm Equipment and Metal Workers of America, C. I. 0., or by In- ternational Association of Machinists, Lodge No. 360, or by District 50, United Mine Workers of America, Independent, for the purposes of collective bargaining, or by none of said organizations. 22 This includes private secretaries. " This includes the heaters, rollers, welters, and yard leaders.