United States Gypsum Co.

906 DECISIONS OF NATIONAL LABOR RELATIONS BOARD All production department employees at the Employer's Radio & Television Station WFLA, at Tampa, Florida, including the staff and special program announcers, talent employees, news editors, floormen, photographers, film editors, and art department employees, but excluding the directors, office clerical, traffic, copy, professional, administrative, bookkeeping, and sales employees, all other employees, guards, and supervisors as defined in the Act. [Text of Direction of Election omitted from publication.] United States Gypsum Company and United Steelworkers of America, AFL-CIO, Petitioner. Case No. 35-RC-1476. May 12, 1958 DECISION AND DIRECTION OF ELECTIONS Upon a petition duly filed under Section 9 (c) of the National Labor Relations Act, a hearing was held before Ralph A. Dunham, 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 [Chairman Leedom and Members Rodgers and Jenkins]. Upon the entire record in this case, the Board finds : 1. The Employer is engaged in commerce within the meaning of, the Act. 2. The labor organization involved claims to represent employees of the Employer. 3. A question affecting commerce exists concerning the representa- tion of employees of the Employer within the meaning of Section 9 (c) (1) andSection 2 (6) and (7) of the Act. 4. The Petitioner seeks to represent a unit of production and main- tenance employees at the Employer's gypsum products plant and mine at Shoals, Indiana. There are about 225 employees in the plant and mine, of whom approximately 35 are salaried and not in dispute. The remaining 190 employes are hourly paid and comprise the unit sought by the Petitioner. The Employer would exclude from the unit certain hourly paid leadmen who it contends are supervisors, and would exclude testers as technical employees. It relies. in part upon the fact that these lead- men were previously found to be supervisors and, together with the testers, were excluded from the production and maintenance unit found to be appropriate at these operations by the Board in its deci- sion in Case No. 35-RC-1274 dated July 10, 1956.1 however, we do 1 Not printed , In that case testers were excluded from the unit by agreement of the parties. No bargaining representative was selected as a result of the election held therein. 120 NLRB No. 128. UNITED STATES GYPSUM COMPANY 907 not consider the earlier decision •dispositive of the issues now raised, but shall rely-on the present record which contains detailed testimony concerning the duties and responsibilities of the disputed classifica- tions together with a•showing of their relationship to the production and maintenance employees. The following categories, discussed below, are in dispute : Drill and blast leadman, wet end leadmen, kiln leadmen, dry end leadmen, yard leadman, mechanic "AA," board leading leadmen, packing leadmen, grainboard or specialty leadman, relief, leadman, testers, and head tester. The drill and blast leadman is in charge of a crew of 4 drillers, `9 powdermen, and a relief operator. They are part of a crew of 26 employees which operates 6 shifts a week in the mine department under a mine foreman. The leadman supervises and directs all drill- ing and blasting operations at the mine. He is the only one in his crew who knows the drilling pattern and because of this knowledge exercises independent discretion 'and judgment in frequently assign- ing drillers to other work in order to coordinate the much faster machine-driven drilling work with the slower blasting operations. The drill and blast leadman also acts as mine foreman in his absence and during periods when he is on vacation or sick. While acting as -foreman he exercises the foreman's authority over the entire mine crew. There is a wet end leadman, kiln leadman, and dry end leadman on each of three shifts which operate in the board department. They are under the immediate supervision of a'shift foreman on each shift. A board superintendent, assisted by a general foreman, is in charge of the entire board department. Operations in this department are divided into the mixing and forming area, kiln and knife area, and the takeoff area. The entire operation occupies 3 floors of the plant with a conveyor section some 600 feet long and the kiln section about 230 feet long. The wet end leadman is over a crew of four employees in the mixing and forming areas of the department. He oversees the measuring and mixing of stucco and other ingredients which form the ,slurry used in manufacturing board products, and he directs'the procedures followed in 'changing over from one to another of the 50-odd'produ6ts manufactured. The kiln leadman directs a knifeman and, at times, a relief man in cutting and drying board-products. He is responsible for the operation of the furnaces and kiln. 'Less than 50 percent of his time is spent on' manual work. The•dry end leadman directs a crew of five in the takeoff area of the board department where the dried board is inspected, bundled, palletized,' and warehoused. A yard leadman and"two mechanics ^"AA" are in the engineering department which is supervised by the plant engineering superintend- ent, and a general maintenance foreman. The department is sub- divided into five groups, each of which is immediately supervised by 908 DECISIONS OF NATIONAL LABOR RELATIONS BOARD a yard leader, mechanic "AA" underground, mechanic "AA" surface, chief electrician, and board maintenance foreman. The supervisory status of the chief electrician and board maintenance foreman is not here in dispute. The yard leadman was formerly classified as yard foreman but continues to perform the same duties . He directs a crew of approximately 15 employees, including mechanical helpers, truck- drivers, and laborers, who are engaged in hauling materials, caring for the water and sewage systems and fire equipment, and in yard maintenance and landscaping. He spends less than 5 percent of his time on manual work. The mechanics "AA" classification, although filled during the year, was temporarily vacant at the time of the hear- ing. The mechanics "AA" direct crews of from 3 to 8 employees who work on production machinery, fork and lift trucks, and under- ground equipment. They perform no manual work except in the event of emergency. Board loading leadmen, packing leadmen," and grainboard or spe- cialty leadman work in the packing and loading department under a superintendent and a general foreman. Loading operations are performed by 3 crews of employees on a 3-shift, 6-days-a-week basis. They load the Employer's products into railroad cars and into motor- trucks. A board loading foreman and a board loading leadman are in charge of the first shift with a crew of about 11 employees. There is no leadman on-the second shift except on the sixth day when a leadman takes over for the foreman. The third shift operates under a board loading leadman with no foreman. The board loading lead- men alternate between shifts from time to time. They check orders and rail cars, assign work, and indicate to their crews what loading is to be done. Packing leadmen alternate between two shifts. They direct crews of about five employees in packing operations, which includes the discharge of mixed ingredients from the mixer into a packing machine which automatically pours the mix into bags and drops them on a conveyer to be loaded. These leadmen determine which orders are to be loaded and use their own discretion to assign employees to various jobs. They perform manual work in case of emergency only. The grainboard or specialty leadman directs a crew of six employees engaged in the application of insulating foil or predecorated paper to plasterboard and • wallboard through the use of a special machine separately located in the warehouse . He per- forms manual work only when temporarily relieving another employee. The employees in the classifications discussed above are all hourly paid and receive from 5 to 22 cents an hour more than the highest paid employee in their crews. They have been informed by the Employer that they are supervisors and the record shows that they actually exer- UNITED STATES GYPSUM COMPANY 909 cise such authority. They are responsible for the work of their crews, exercise independent judgment in assigning employees to various jobs, are responsible for their safety, handle their grievances and com- plaints, and grant them permission to take time off from work. They attend supervisors' meetings attended by foremen and other admitted supervisors and exercise the authority to effectively recommend the hire, transfer, promotion, or discharge of employees. The record indicates specific instances of recommendations by these leadmen af- fecting the status of employees, which recommendations were adopted by the Employer. Under all the circumstances, and on the basis of the entire record in this case, we find that the Employer's leadmen discussed above are supervisors within the meaning of Section 2 (11) of the Act.' Accordingly, we shall exclude them from the unit. The relief leadman in the board department regularly substitutes for, and assumes the functions of, other leadmen and foremen in the department on their days off and when they are absent while sick or on vacation. He receives a leadman's pay except when acting as fore- man when he receives the foreman's rate of pay. He is next in line for a shift foreman's job. In view of the fact that he regularly fills in and acts as a foreman, who is admittedly a supervisor, we find that the relief leadman is a supervisor and we shall exclude him from the unit .3 There are 10 mill, plaster, and board testers in the quality depart- ment who the Employer contends are technical employees. They work in two laboratories apart and under separate supervision from the production and maintenance employees. They perform no pro- -duction or maintenance work except in case of emergency. They run a wide variety and series of prescribed tests on samples of materials and products. These include consistency, moisture, rock purity, air permeability, and compressive and tensile strength tests on landplaster and stucco; determinations as to the workability, mortar weight, and density of plaster; the making of core readings of finished board products by making hammer loss, twist, and edge crush tests; the taking of readings of settings on board manufacturing equipment which reflect the amounts of the various ingredients used in the mix- ing of the board slurry; and make tests of raw materials, such as paper, for porosity, liner spread, and saturation time. Equipment used for running these tests is furnished by the Employer and located 2 Plastic Molding Corporation, 112 NLRB 179, 181 (leadmen). Also see United States Gyp8un> Company, 116 NLRB 1771, 1774; 116 NLRB 1939 (wet board leaders, dry board leaders, unloading and grain board leader) ; 116 NLRB 638 (top powdermen, board plant machinemen, head loaders) ; Geneva Forge, Inc., 114 NLRB 1295, 1296 (subfore- men). Also cf. United States Gypsum Company, 118 NLRB 20, wherein the Board found, on basis of the record therein made, that certain classifications were not supervisors within the meaning of the Act. 3 See Archer Mills, Inc., 115 NLRB 674, 676 (assistant foreman). 910 DECISIONS OF NATIONAL LABOR RELATIONS BOARD in the laboratories. Testers are required to have a.high school educa- tion, receive on-the-job training, and because of the nature and wide variety of tests made, require 6 months' training to qualify as a B tester. In addition, the record shows that. C testers are examined on mathematics, testing methods, and production processes at the plant before promotion to B tester. On the basis of the record, we find that the Employer's testers are technical employees.' Therefore, and in conformity with Board practice, they may not be included in the pro- duction and maintenance unit as one of the parties to this proceeding opposes their inclusions However, we find that the testers are en- titled to separate representation as an appropriate unit of technical employees and we shall direct a separate election for that unit in accordance with the Petitioner's alternative position. The testers are under the immediate direction of a head tester who is responsible for the quality of the Employer's products. He is a high school graduate with 7 years' experience as a tester. He deter- mines and schedules the work of testers, shifts their work assignments from testing one type of product to another, and schedules their days off. He is responsible for and ascertains that all samples received are properly tested according to procedure and he checks the testers' reports for accuracy. He makes the final decision whether to stop shipments of any products he deems substandard and the Employer relies on his judgment and recommendation as to the quality of ma- terials and products produced. The head tester has the authority effectively to recommend the transfer or termination of testers. All promotions in the department have been made on his recommenda- tions. Under all the circumstances, we find the head tester is a super- visor and we shall exclude him from the unit. Accordingly, we find that the following groups of employees at the Employer's plant and mine at Shoals, Indiana, constitute separate units appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act : 1. All production and maintenance employees, including inspectors and janitors, but excluding testers, drill and blast leadman, wet end leadmen, kiln leadmen, dry end leadmen, yard leadman, mechanics "AA," board loading leadmen, packing leadmen, grainboard or spe- cialty leadman, relief leadman,s head tester, office clerical employees,? A United ,States Gypsum Company, 119 NLRB 1415 ; 117 NLRB 1677 ; 116 NLRB 656; 114 NLRB 523 ; National Gypsum Company, 116 NLRB 1005, 1009. B General Foods Corporation, 115 NLRB 263, 266. 0In view of the disparate ratio of supervisors to employees which results from the finding that the leadmen are supervisors, the limited evidence of the exercise of super- visory authority , and the insubstantial differential in pay, Member Jenkins would find the leadmen eligible to vote. z The parties are in agreement that office clerical employees include the maintenance and procurement clerk, storeroom clerk, board clerk, and seven clerks in the main office. GENERAL SHOE CORPORATION 911 11 administrative and professional employees," 'watchmen and guards, and all other supervisors as defined in the Act. 2. All testers, excluding all other employees, watchmen and guards, and supervisors as defined in the Act. [Text of Direction of Elections omitted from publication.] 8 Excluded from the unit as administrative and professional employees , by agreement of the parties , are the employment supervisor or personnel assistant , chief clerk in the main office, plant engineers , board engineer , mine engineer, mill engineer, and quality supervisor. General Shoe Corporation, Chemical Division, operating and known as S & F Chemical Company and General Adhesive Company 1 and Oil, Chemical and Atomic Workers Interna- tional Union, AFL-CIO, Petitioner. Case No. 10-RC-3966. May 13, 1958 DECISION AND DIRECTION OF ELECTION Upon a petition duly filed, a hearing was held before H. Stephan Gordon, hearing officer. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed.' The Employer raised the issue of the necessity for the bargaining policy committee of the Petitioner to comply with the requirements of Section 9 (f), (g), and (h) of the Act, contending that it is a labor organization within the meaning of the Act. The hearing officer properly permitted litigation of this issue.' The Employer's contention is based upon the language in the Petitioner's constitution establishing and authorizing the duties and responsibilities of the committee including that of "bargain[ing] with the industry on matters of national concern ..." in behalf of the International or any of its locals, providing, however, that any resulting action shall be subject to approval by a majority vote of those members covered, and that it cannot terminate an existing labor relations agreement until similarly authorized. From the evidence and the constitution itself it is apparent that the bargaining policy committee is an internal and integral function- 1 The name of the Employer appears as amended at the hearing S & F Chemical Company is a separately incorporated but wholly owned subsidiary of General Shoe Corporation, General Adhesive Company is a division of General Shoe Corporation Together they are referred to as the Chemical Division . S & F Chemical and General Adhesive occupy one plant where their respective employees work together and many are designated as employed for both. 2 Pursuant to the provisions of Section 3 (b) of the National Labor Relations Act, the Board has delegated its powers in connection with this case to a three -member panel [ Chairman Leedom and Members Bean and Jenkins]. S See Standard Cigar Company, 117 NLRB 852; Desaulniers and Company, 115 NLRB 1025. 120 NLRB No. 125.