West Virginia Pulp and Paper Co.

,738 DECISIONS OF NATIONAL LABOR RELATIONS BOARD agreement requiring membership in a labor organization as a condition of employment as authorized in Section 8 (a) (3) of the Act. WE WILL offer to Harold W. Deem immediate and full reinstatement to his former or substantially equivalent position, without prejudice to any seniority, or other rights and privileges, previously enjoyed and we will make said em- ployee-whole for any loss of earnings suffered as a result of the discrimina- tion against him. All our employees are free to become, to remain, or to refrain from becoming, or remaining, members of the above-named Union or any other labor organization, except to the extent that this right may be affected by an agreement in conformity with Section 8(a)(3) of the Act, as amended. HARRY W. BRONSON D/B/A WESTWOOD PLUMBERS, CULVER PLUMBERS, Employer. Dated------------------- By------------------------------------------- (Representative) (Title) This notice must remain posted for 60 days from the date hereof, and must not be -altered, defaced, or covered by any other material. APPENDIX B NOTICE TO ALL OFFICERS, REPRESENTATIVES, AGENTS, AND MEMBERS OF PLUMBERS AND STEAMFITTERS LOCAL UNION 545, AFL-CIO Pursuant to the Recommendations of a Trial Examiner of the National Labor Relations Board, and in order to effectuate the policies of the National Labor Rela- itions Act, as amended, we hereby notify you that: WE WILL NOT cause or attempt to cause Harry W. Bronson, d/b/a West- wood Plumbers, Culver Plumbers, to discriminate against employees in regard to their hire or tenure of employment, or any term or condition of employ- ment in violation of Section 8(a)(3) of the Act, as amended. WE WILL NOT in any manner restrain or coerce employees of any employer in the exercise of the rights guaranteed them in Section 7 of the Act, except .to the extent that such right may be affected by an agreement requiring mem- bership in a labor organization as a condition of employment as authorized in Section 8(a)(3) of the Act, as amended. WE WILL notify the above-named Employer, in writing, and send Harold W. Deem a copy, that we withdraw our objections to his employment as a plumber, and request that he be reinstated to his former or an. equivalent position. WE WILL make Harold W. Deem, whole for any loss of pay suffered be- cause of our discrimination against him. PLUMBERS • AND STEAMFITTERS LOCAL UNION 545, AFL-CIO, Labor Organization. '.Dated------------------- By------------------=-------------------- (Representative) (Title) This notice must remain posted" for 60 days from the date hereof, and must not be altered, defaced, or covered by any other material. West Virginia Pulp and Paper Company and United Paper- makers and Paperworkers, AFL-CIO.' Cases Nos. 5-R-1624, 5-R-1625,5-R-1631,5-R-1632, and 5-RC-369. December 30,1958 DECISION AND AMENDMENT OF CERTIFICATIONS The Union is the certified bargaining representative of the pro- ,Auction and. maintenance employees at the Employer's. Covington, iThe case caption reflects the current, name of the certified union. 122 NLRB No. 86. WEST VIRGINIA PULP AND PAPER COMPANY ' 739 Virginia, Luke, Maryland, and Williamsburg, Pennsylvania, plants; excluding office clerical employees, electrical employees, and super- visors? On November 7, 1957, the Employer filed a motion re- questing the Board to amend the outstanding certifications by excluding from the certified unit a number of individuals who it contends are supervisors. The Union on November 26, 1957, filed a motion in opposition to the Employer's request and on December 6, 1957, the Employer filed a reply to the Union's opposition. Also on December 6, 1957, the Board issued its order remanding the case to the Regional Director and ordering, inter alia, that a hearing be held for the purpose of taking testimony with respect to the supervisory status of the job classifications set forth in the Employer's motion of November 7, 1957. Pursuant to the Board's order, a hearing was held before Henry R. Segal, hearing officer. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed. Pursuant to Section 3(b) of the National Labor Relations Act, the Board has delegated its powers herein to a three-member panel [Chairman Leedom and Members Bean and Fanning]. Upon the entire record of the case, the Board makes the following findings : The Employer contends that the individuals in some 49 job classifications which are currently within the certified unit and covered by the current labor agreement are supervisors within the meaning of the Act. It, therefore, requests the Board to amend the outstanding certifications and exclude specifically the alleged supervisory job classifications from the appropriate unit. The Union requests the Board to dismiss the Employer's motion on the ground that the disputed classifications are in fact nonsuper- visory. The individuals involved in this proceeding stand for the most part in that difficult area of decision between those who unquestion- ably fall in the category of the supervisor and those who with equal certainty do not. To the Employer they rest on the lowest rung of the supervisory ladder; to the Union, on the top rung of the nonsupervisory. None of the employees involved possess such unequivocal indicia of supervisory status as the authority to hire, lay off, recall, promote, reward, or discharge employees. Neither 2 On September 8, 1944, the Board certified Paper Workers Organizing Committee, CIO, as the representative of a multiplant production and maintenance unit. In 1950, a unit of electricians was severed from this multiplant unit. On June 22, 1950; the Board certified United Paperworkers of America , CIO, the successor to Paper Workers Organiz- ing committee, CIO,.as ..the representative of a multiplant unit of machinists , for which unit the parties continued to bargain as part of the production and maintenance unit. Subsequently, United Paperworkers of America , CIO, and International Brotherhood of Paper Makers, AFL, merged to form United Papermakers and Paperworkers , AFL-CIO. In its order of December 6, 1957, infra, the Board amended the certifications to reflect the current name of the certified union. 740 DECISIONS OF NATIONAL LABOR RELATIONS BOARD can they effectively recommend such action. Also, unlike the indi- viduals heretofore excluded from the unit as supervisors, those in dispute are paid on an hourly and not salary basis.-' However, all of the alleged supervisors have a group of employees under them and exercise some direction with respect to the work of such em- ployees.' Also, none of these individuals spends as much as half of his time performing work of the kind done by the employees under him. Moreover, the Union readily concedes that the alleged supervisors possess minor supervisory power, but of a kind, it con- tends, not intended to be covered by the Act's definition of super- visor 4 In support of its position that the individuals in dispute are supervisors within the meaning of the Act, the Employer has relied upon a number of factors common to most all, and in some cases common to all, of the individuals and classifications involved. First, it has introduced into evidence job descriptions showing that many of the alleged supervisors spend more than 50 percent of their time in the direction of other employees. However, the record shows that such direction of others is ascribed in various job descriptions to agreed nonsupervisory employees, and that in drawing up the job descriptions neither management nor union representatives weighed the "direction of others" as there used in terms of the statutory standard of nonroutine, responsible direc- tion of others requiring the use of independent judgment. Thus, the job descriptions may help to establish the fact of some direction of others; they do not, however, demonstrate the supervisory charac- ter or nature of that direction. Second, the Employer sought to show that each of the individuals in dispute can "discipline" the employees under him. At most, however, such "discipline" except as specifically indicated herein- after, is limited to a verbal scolding of an employee for some infraction of minor plant rules or for failure to do his job properly. There is nothing in the record to indicate that such exercise of the 'authority to reprimand is other than routine in nature, or that it involves the use of independent judgment. In fact, matters of real consequence are taken up with salaried supervision which acts, not on a recommendation, if any, made by the alleged supervisors, but upon its own conclusion, usually after an independent investigation, as to what is necessary and proper." Third, the Employer introduced evidence showing that the indi- viduals involved here have the authority to grant (to employees s Thus, references herein to salaried supervision relate to individuals who the parties agree are excluded from the unit as supervisors , while references to hourly supervisors are to individuals here in dispute. ' See: S. Rept. 105, 80th Cong., 1st sess., p. 4 (1947). 5 United States Gypsum, 118 NLRB 20, 29. WEST VIRGINIA PULP AND PAPER COMPANY 741 under them) short leaves of absence, of from 15 minutes to several hours. However, the record shows ' that, in most instances, the granting of such leave is strictly a routine matter, though the alleged supervisor may have to decide if the immediate pressure of work prevents granting the leave. Moreover, if the reason for the leave request appears nonroutine, the matter may be taken up by salaried supervision. Accordingly, on the whole record we find no basis for concluding that the granting of temporary leaves in- volves the use of independent judgment .6 Fourth, the Employer contends that the alleged supervisors make effective recommendations concerning the proficiency of employees under them upon which promotions or other personnel action is based. However, such "recommendations" are in most instances nothing more than comments on an employee's proficiency, and in all cases personnel action is based upon salaried supervisions' inde- pendent consideration of the matter.? As the above-noted responsibilities and authorities of the indi- viduals here in dispute do not involve in their exercise the use of independent judgment, but rather are routine in nature, they are insufficient taken alone to support a supervisory finding. Thus, the supervisory issues before us do not lend themselves to a ready solution, but rather require a nice weighing of the responsibilities and duties of the disputed classifications to determine whether they, in fact under the particular circumstance revealed in the record, responsibly direct in a nonroutine manner the employees assertedly under their control. 1. COVINGTON, VIRGINIA, PLANT A. Classifications which are supervisory 1. Tour foremen: There are five different classifications of tour foremen8 at the Covington plant and in each classification there are four individuals. The tours, or shifts, of these classifications run consecutively, without interruption, 24 hours a day and 7 days a week. As the shifts rotate each foreman and his crew, which numbers not less than 10 employees, work in turn both daylight and night hours. During daylight shifts there is present supervision over the tour foremen which, at least in certain instances, appears to exercise such direction over the activities of the tour foremen as to suggest that they do not, at such times, exercise supervisory direction over their crews. However, during night shifts there is no such supervision present overseeing the work of the tour fore- Heckett Engineering Co., 117 NLRB 1395, 1396. ° United States Gypsum, supra. s Tour foreman, dry run woodyard ; tour foreman, yards ; tour foreman, recovery ; tour foreman, unbleached pulp mill ; tour foreman, carbon plant. 742 DECISIONS" OF NATIONAL LABOR' RELATIONS"BOARD men and their crews. Such higher supervision is on call only by telephone in those emergencies which the tour foremen feel they cannot, or should - not, handle alone. It further appears - that the decision to call higher supervision at night lies wholly within the discretion of the tour foremen. Aside from the remote, contingent telephone contact with their superiors , the tour foremen are fully reponsible at night for the operations under them and for the direction of their crews. With the exception of the tour foremen, yards , the various tour foremen are responsible for the continuing, proper operation of rela- tively complex industrial processes , and for assuring that the quality of the product of their departments is maintained. To achieve the required results they must direct, assign, and instruct their crews. The tour foremen, yards, are responsible for such jobs as maintaining the plant grounds and loading and unloading materials from trucks and railroad cars. They , assign crews to such work and oversee the performance . As their crews act as a labor pool of laborers for various other departments in the plant, they receive many calls from different departments requesting that certain jobs be done or laborers loaned. At such times, they must decide what employees they can spare and what priorities to give to many "emergency" requests. 2. Millwright foremen: There are 3 separate classifications of millwright foremen who direct the work of crews of 5 to 27 mill- wrights engaged in various machine repair and construction work. They receive, at most, general instructions from salaried, supervision and must use their own judgment in establishing job priorities and in assigning members of their crews to the different jobs. They usually explain the work to their millwrights, suggest methods and procedures , and are responsible for the proper performance of the job. 3. Machine shops, machinists foremen: The machinist foreman is generally responsible for the operation of the machine shop and its crew of 10 machinists . He receives his work orders in most instances directly from the department desiring the work, plans and schedules the work of the shop, and assigns machinists to. the particular jobs. If necessary, he will transfer a machinist from one job to another of greater urgency. The foreman also explains the various jobs to the machinists, stating in some detail what he wants done, how he wants it done, and what materials he wants used. 4. Day foreman, dry run woodyard: The day foreman has under him some 18 employees, mostly. laborers, who unload trucks, clean Millwright foreman, No. 1 pulp, mill mechanics ; millwright foreman , No' 2; pulp, ill mechanics ; millwright foreman, papermill mechanics. WEST VIRGINIA PULP AND PAPER COMPANY 743- up the yard area, move equipment, and perform other related tasks. In addition to overseeing such work, the day foreman is also, responsible for the operations of the sawmill. Generally, the day foreman's schedule is set' up by salaried supervision. However, he- assigns crews to various jobs and, although the work is largely routine, as the need for a particular job being done varies from day to day; the day foreman is required to reassign men to jobs, of immediate priority. As the sawmill is not in continuous opera- tion, it is the day foreman's responsibility to determine when it will be run and to assign a crew for that purpose. 5. Yard foreman: There are 2 yard foremen who direct the- activities of some 37 employees, principally yard laborers. The- work of this group involves such tasks as keeping the plant grounds, cleaned up and loading and unloading trucks and railroad cars. The laborers usually work alone or in small crews. The yard fore- men determine the number of employees needed for, and assign them to, each job, taking such other measures as are necessary for- the performance of the work. Furthermore, the yard foremen are the immediate superiors of the tour foremen, yards, while working: daylight hours, and have the responsibility and authority to direct the tour foremen and through them the tour crews. 6. Warehouse foreman, carbon plant: There is a warehouse fore- man, an assistant foreman, and 17 regular employees in the ware- house. The supervisory status of the foreman is alone in dispute.. He spends most of his time in the warehouse office where, aside from performing other clerical duties, he receives customer orders- -and checks them against inventory. Each morning, the employees -report'to the office and the foreman assigns them to their particular- jobs for the day. He notifies the assistant foreman of the assign- ments and also instructs him on precautions to be observed or special methods to follow. in loading materials. About three times a day he inspects the warehouse operations to see that the work is pro- ceeding properly. On one occasion the foreman stopped an em- ployee's pay for failing to do his work as directed. There is also a salaried supervisor responsible for the warehouse, operations. He does some planning for the warehouse and inspects it at least once a day. However, it, is the foreman and not the- supervisor who appears to be responsible for the day-to-day opera- tions of the warehouse and the work of its crew and there is no evidence that he works under the close continuing supervision of .the salaried supervisor or that his authority extends to only routine matters. On' the basis of the evidence in the record, as summarized above,, 76-find: that the various- tour foremen, millwright foreman, the, machinist 'forem'an, day foreman, yard' foreman, and. warehouse 744 DECISIONS OF NATIONAL LABOR RELATIONS 'BOARD foreman exercise true supervisory authority. They are. responsible for the operations of their departments and for the work of the crews under their jurisdiction. Though in some instances the work of the foreman and crew is in large part routine, the record, never- theless, shows that there is a substantial area in which the foreman is required in his own discretion to make decisions concerning opera- tions which directly affect the employees under him. There is no evidence, aside from that affecting day shift work of tour foremen, that any of these foremen are under the close, continued control of higher supervision. Accordingly, we find that the individuals in the above classifications responsibly direct in a nonroutine man- ner the work of employees under them and are therefore, super- visors within the meaning of the Act."' We shall, accordingly, amend the certifications and exclude them from the unit. B. Classifications which are not supervisory 1. Pipe shop, pipe foreman: There are three pipe foremen- construction, east side maintenance, and west side maintenance. The pipe foreman, construction, directs the work of a crew of some 18 employees. He works under the immediate, close super- vision of a salaried pipe supervisor who instructs him on the jobs to be done and supplies him with certain information for his guid- ance. The supervisor also works closely with the foreman on the various problems that arise concerning the piping jobs. The pipe foreman, east side maintenance, directs the work of a crew of approximately 19 pipefitters. He also works under the direction of a salaried pipe supervisor who supervises no other employees than the foreman and his crew. The supervisor is primarily responsible for the planning and scheduling of the piping jobs, determines the materials to be used, and from time to time inspects the operations of the various pipe crews. Though the pipe foreman participates to some extent in planning jobs, his responsi- bility seems to be mainly limited to setting out the details of a job for his crew, although on occasion the pipe supervisor will also do such work. The pipe foreman, west side maintenance, has under him a crew of 18 employees. He assigns these employees to their various jobs in the plant and handles many of the work details. He works under the direction of a salaried pipe foreman and crew. The record is not clear concerning the extent of control exercised by the supervisor over the foreman and' pipe operations. It does lO price-Pfister Brass Mfg. Co., 115 NLRB 918 ; ^Harvill Corporation, 116 NLRB 1549, 1550. The tour foremen's responsible direction of the employees in their crews is further shown by the fact, that on night shifts, they are the only persons present in the plant with any authority over the crews. Lever Bros . Company, 116 NLRB 542, 545 ; •Harvill Corporation, supra. WEST VIRGINIA PULP AND PAPER COMPANY 745 appear, however, that all job orders cross the supervisor's desk and that he schedules the more important jobs. Moreover, the job de- scription for the pipe foreman , west side maintenance , is identical to that of the other pipe foremen discussed above. Under such circumstances, and as no evidence appears to the contrary, we cannot conclude that the relationship between this foreman and his super- visor is materially different from that which exists between the other pipe foremen and their immediate supervisors. 2. Assistant millwright foreman: There are four assistant mill- wright foremen, each heading a crew of some four or five mill- wrights engaged in steel erection and general mechanical work. The crews, including the foremen, are assigned to their jobs by salaried supervision which also plans and schedules all the work of the millwright crews, the assistant foremen being primarily respon- sible for the on-the-job details of the work. 3. Assistant carpenter foreman: There are 2 assistant carpenter foremen, each with a crew of approximately 11 employees. The scheduling of jobs is done by salaried supervision which determines the number of employees for each job. The assistant foremen assign the individual carpenters to the particular job on the basis of information "fed" to them by salaried supervision which also, not infrequently, deals directly with the carpenters rather than through the assistant foremen. 4. Assistant finishing foreman, No. 2 boardmill: There is one assistant finishing foreman whose work concerns operations which convert raw paperboard into finished products meeting customer specifications. Approximately 13 employees are involved in these operations. Production planning and scheduling are done by sala- ried supervisors. The foreman is required to work within the schedules so established but may make minor variations imposed by particular production problems as long as the deadlines are met. Customer orders are placed by salaried supervision in time sequence on a clipboard. From each order the assistant foreman fills out a ticket setting forth the specifications of the paperboard to be pro- duced and gives the ticket to the machine operator who then pro- duces the required board. The assistant foreman checks to see if the board meets specifications, though quality control is basically the responsibility of salaried supervision . The assistant foreman is also responsible for working with the box shop foreman to coordi- nate the box shop production with finishing operations . There is nothing further in the record, aside from those matters such as alleged authority to discipline dealt with above , to indicate the nature of the authority or responsibility of the assistant foreman with respect to the finishing employees and box shop operations. 746 DECISIONS OF NATIONAL LABOR 'RELATIONS BOARD 5. Labor foreman: There are 2 labor foremen, each with a crew ,of approximately 11 laborers, who are engaged in heavy building !construction and who also assist other classifications, as millwrights, where regular labor work may be involved in their jobs. The labor foremen usually instruct their crews as to details of the work to be -done. General job assignments come from salaried supervision: There is no other evidence beside those factors considered above that indicates the nature of the authority possessed by the labor foremen. . 6. Paint foreman: There -are two paint foremen who work in different areas of the plant. Each has a crew of about 11 painters. Salaried, supervision, with minor participation by the foreman, establishes painting schedules, deciding what is to be done and where. The foremen then assign painters to the various scheduled jobs. Though the foremen nominally have authority to deviate from the established schedules, such variations normally go through salaried supervision or are, on occasion, made at the request of the supervision of some other department. The foremen are responsible for deciding the routine on-the-job details of how a job is to be -done, and inspect and approve the work. 7. No. 6-7 finishing foreman: There is 1 finishing foreman whose responsibilities run to some 27 employees. The planning of the work for these employees is done mainly by salaried supervision with the foreman in attendance. Emergency changes in the plans are also matters for salaried supervision. The foreman's primary responsibilities are to inform machine operators and other em- ployees what is required by the plans, and to check to see that customer specifications and quality are met.ll If a question arises concerning quality, salaried supervision takes the matter under con- sideration. The record is silent concerning the nature of the fore- man's direction of employees under him and the discretion, if any, which he exercises in carrying out his responsibilities. Upon a careful consideration of the evidence dealing with the classifications discussed above, we conclude that the evidence fails to establish that the individuals in these classifications are super- visors .12 Although in most instances they direct to some extent -the work' of ' others, the fact that an employee may transmit orders, "Testimony with respect to a number of classifications shows that the alleged super- visors inspect to see if the work is being done properly or has been satisfactorily completed. However, such, testimony frequently fails to show whether or not the person making the inspection is responsible for the proper performance of the work or whether he. is, in fact, no more than an inspector of the kind frequently found by the Board not to be a supervisor. It is well settled that the. Board , will not disturb an established bargaining relation- snip unless required to do so by its own policy or the requirements of the Act. Cf. The Murray Company of Texas , 107 NLRB 1571, 1573; Westinghouse Electric Corporation,'89 NI:RB 8, 10; Illinois Cities Water Company, 87 NLRB 109, 110-112. See, also, Potomac :Electric Power Company , 111 NLRB 553, 557, 558. WEST VIRGINIA PULP AND PAPER COMPANY 747 instruct and correct other employees, or set up jobs and assign elrr-• ployees, does not necessarily give him supervisory status.13 Here, in the case of the pipe foremen, assistant millwright foremen; and assistant carpenter foremen, the record established that their dis- cretion is severely limited by the fact that they and their crews work under the immediate, continuing supervision of salaried super visors, who closely oversee the work, are immediately responsible for its proper performance, and exercise their discretion with respect to all phases of ' the work, excepting only in some cases the on-the-job details.14 With respect to the paint foremen and the No. ' 6-7 ' finishing foreman, there also appears to be sufficiently close immediate supervision of their operations by salaried supervision, so that, on the record before us, we cannot find in view of such supervision that they responsibly direct the employees in their crews. As for the assistant finishing foreman, the record fails to establish that he is anything more than a conduit for transmitting orders of the salaried supervisors. As the labor foremen appear to have no substantial authority beyond routine on-the-job direction of employees, there is no basis for concluding that they are supervisors.',' II. LUKE, MARYLAND, PLANT A. Classifications which are supervisory' 1. Tour foreman or supervisor :17 There are six classifications of tour foremen or supervisors18 at the Luke plant whose supervisory status is in issue here. These foremen work on rotating shifts. During night hours there is no salaried supervision present over- seeing the work of the tour foremen and their crews, and it is clear from the record that, at such times, if not during the day, these tour foremen, like those at the Covington plant, supra, are wholly responsible for the operations they oversee and for the direction of their crews. Furthermore, there is no basis for finding that their work, which involves relatively complex production and chemical processes, is routine in nature. 2. Straight sheet supervisor: There are 3 straight sheet super- visors who work daily on 3 shifts and direct some 30 employees 18 Wm. R. Whittaker Co. Ltd., 117 NLRB 339, 345 ; Martin Aircraft Tool Company, 115 NLRB 324. u New York Shipping Association Inc., etc., 116 NLRB 1183,. 1187. 15 Cf. Phillips & Buttorft Corporation, 118 NLRB 800, 801. "Although the classification of assistant superintendent , 4-5 machine room, paper mill, was originally in dispute , the parties agreed at the hearing, and we find, that the occupant of this position is a supervisor within the meaning of the Act. . 17 The correct title of many of the classifications at the Luke plant is at best unclear. Witnesses for the Employer generally used the term "supervisor"; though they frequently used interchangeably the title of "foreman." Moreover, the formal job descriptions frequently carried designations such as "gang leader " or "gang boss." 38?Tpur foreman,q, beaters, wet laps, , and save ,alls ; tour foreman, 1-2-3 paper machines ; tour' foreman ' 4-5 `paper • machines ; 'tour' foreman 6-7 paper 'machines ; tour foreman, calendars and rewinders ; tour foreman, machine coating. 748 DECISIONS OF NATIONAL LABOR RELATIONS BOARD who inspect and count paper sheets and- pile them on skids for shipment. Each supervisor receives orders for paper and it is his responsibility to see that they are properly filled. Though order processing is to some extent routine, many orders have particular specifications and, thus, require close checking by the supervisors to insure that they are filled properly. In carrying out their duties, the supervisors assign employees to various jobs and in cases of absentees see that temporary replacements are secured. On the night shifts there is, apparently, no salaried supervision present responsible for the work of the supervisors and their crews. 3. Trimmed sheet supervisor: The trimmed sheet operation is a 24 hour, 3-shift operation with a supervisor and crew of about 40 employees on each shift. The supervisors rotate between day and night work and during the latter period there is apparently no salaried supervision on duty overseeing their operations. The trimmed sheet operation involves the inspection, trimming, and preparation of paper for shipment. Scheduling of the work and orders is done by salaried supervision. The supervisors are respon- sible for the proper functioning of the trimming operations and inspect to see that machinery is operating properly and that specifi- cations are being met. If a machine is not functioning correctly, the supervisors will either call in a mechanic to effect repairs or will shut down the machine until fixed. They also generally oversee the work of employees in their crews in order to maintain the efficiency of the trimming operations. 4. Quality supervisor and production supervisor in the cutter department: There are three quality supervisors and three produc- tion supervisors who work on a three-shift basis, one of each -being on duty on each shift. They jointly supervise on each shift approx- imately 30 employees. The production supervisors are, as their classifications indicate, responsible for the volume of production of the department. They plan the priorities of orders for the loading and operation of the cutters, make decisions with respect to what particular job a machine should be run, and decide the number of rolls of paper to be cut at one time. The quality supervisors concentrate on the quality aspects of production. While the production supervisors, are generally con- cerned with the operations of all the cutters, the quality supervisors are more likely'to limit their immediate attention to those machines having quality problems. In carrying out their responsibilities, the quality supervisors may pick out rolls of proper color to be loaded. on a machine, designate how many rolls an operator should run and, if production difficulties affecting quality arise, may stop opera- tions until the fault is corrected. This work of the quality super- visors, like. that of the production supervisors, requires dealing WEST VIRGINIA PULP AND PAPER COMPANY 749 directly with the operating employees, instructing and directing them in their work. Thus, it appears that the two classifications of supervisors are responsible for the successful operations of the department, each with respect to his own specialty. 5. Welding shop supervisor: There are in the welding shop ap- proximately 15 employees and 1 leadman who work under the direction of the supervisor. The shop does welding for the other departments in the plant. Work requests from these departments usually go straight to the supervisor who schedules the orders and assigns welders and equipment to the various jobs. He checks on the progress of the work and is responsible for the jobs being satisfactorily completed; 6. Millwright supervisor, crews and shops: The millwright super- visor directs the work of 3 leadmen and 38 millwrights, A, B, and C, who are engaged basically in the maintenance of production equip- ment in the papermill. Job planning and scheduling is done by salaried supervision in conference with the supervisor. Usually, the work requires that the millwrights be divided up into small groups to do particular jobs. The size and composition of such groups are determined primarily by the supervisor. The leadmen who work under the supervisor are concerned at any given time with the specific details of some one job to which they are assigned, while the supervisor is continuously responsible for the overall supervi- sion of the millwrights and their activities. . 7. Pipe shop supervisor: There are 2 pipe shop supervisors whose responsibilities run to different areas of the plant and who direct the work of a leadman and 40 pipefitters A, B, C, 'and D. 'These employees are engaged in the installation, maintenance, and repair of pipe 'lines, valves, and other pipe equipment.. There is also a salaried pipe foreman who supervises the pipe supervisors and their crews. Planning of the pipe work is done by the salaried foreman in conference with the supervisors. However, the execu- tion of the plans appears to be the responsibility of the supervisors. They assign the pipefitters to the particular job, explain the job details, and inspect the various jobs while in progress. However, the salaried foreman also tours the plant checking jobs, spending about half his time at such work. 8. General mechanic supervisor: There are six general mechanic supervisors. They each have charge of a crew of from 5 to 20 .employees who altogether make up a group of some. 60 employees engaged in construction and machinery installation. The immediate supervisors of, the six supervisors are the general. supervisor of general mechanics and his assistant who also have jurisdiction over employees other 'than' the . general mechanic supervisors and their crew. ' The Job to :be . handled. by the hourly supervisors • and the 750 DECISIONS OF' NATIONAL LABOR' RELATIONS _BOARL size of their crews, which is largely based, on the requirements of the particular job, are determined by salaried supervision. How- ever, the responsibility for carrying out the plans and for establish- ing the method of performing the particular job appears to be primarily that of the hourly paid • supervisors. They assign the, employees to their particular tasks according to the skill required, advise them with respect to performance of the work, and inspect the work to assure its being properly done. 9. Sheet metal supervisor: • There is one sheet metal supervisor who directs the work of six employees classified as tinners A, B,, and C, who work either individually' or in small crews on sheet metal both in their shop and at various locations in the plant.. Though salaried supervision plays some role in the planning of sheet metal work, it appears that the hourly paid supervisor engages to a substantial degree in such planning. He assigns the tinners to their particular jobs and directs the performance of the work. He also does designing upon which the actual metal work is based. 10. Labor supervisors, east end and west end: • The 2 labor super- visors each directs the work of approximately 16 laborers, who are generally engaged in various loading, unloading, storage, and other material handling work. The laborers usually work in subgroups at many different locations about the plant. Each morning salaried supervision meets with. the labor supervisors and defines the various, jobs to be done that day. The job orders are given to the super- visors who are then responsible for their execution. Both salaried supervision and the hourly paid supervisors determine the number of employees needed for a given job. It is, however, the latter supervisors who assign the employees to the particular subgroups and,who tour. the plant overseeing the work of the laborers. Aside from requiring the submission of job completion forms, salaried supervision' does not usually follow up the orders given the super- visors to see that they have been carried out. 11. Salvage supervisor: There is one salvage supervisor whoa oversees the work of approximately five employees engaged in salvage work with respect to steel, lumber, pipe, and other materials.. The supervisor is responsible for seeing that the material which is. received from plant departments is properly stored and in some, cases must decide whether or not scrap should be saved or destroyed.. He receives orders from various departments and directs the em- ployees in his group to fill them. The only regular contact the supervisor has with salaried supervision is 'a daily conference in his office. 12. Bleach plant supervisor: There is 1 bleach - plant supervisor who is' under the immediate supervision of the salaried bleach plant. WEST VIRGINIA PULP AND PAPER COMPANY 751' superintendent and who oversees the operations of the bleach plant and its 28 employees. The bleach plant, a continuous operation, involves basically prescribed chemical processes. The supervisor- must make certain that all the operators are on duty and must acquire substitutes for those who do not report in. He receives laboratory reports from the superintendent and if these reflect a. fault in operations, he undertakes to have the difficulty corrected,. which may involve his assigning employees in the bleach plant maintenance group to the job. He also, like the superintendent,. makes frequent tours of the bleach plant to check generally on the- operations. At night when no supervision is present in the bleach. plant, the supervisor is on call, and is frequently called, by operators at such times to handle various problems that arise. 13. Labor gang supervisor: There is 1 labor gang supervisor- and approximately 19 employees in the labor crew. The supervisor, reports directly to the pulp production supervisor who is the im- mediate superior of five other pulpmill supervisors. The labor gang performs clean up jobs in the pulpmill, unloads chemicals, and does other labor work. The gang is not concerned with opera- tions of machine and building maintenance. The labor supervisor- receives job assignments from different departments or divisions in the pulpmill, assigns laborers to do the work, describes the problems of the job, and inspects to see that the work has been done properly. Although he appears to be a "man of many bosses," there is no, evidence that any of these "bosses" closely oversees his work or that of the employees in his gang. 14. Calendar and rewinder supervisor: The supervisor, who is: hourly paid, reports directly to the general finishing superintendent and has under - him some clerical employees, a salaried assistant supervisor, and engineer, and 8 shift or tour foremen who direct the work of some 158 employees. Unlike all but one of the other individuals here in dispute, the supervisor handles the first step grievance under the Union's contract and also has the authority to write disciplinary letters of warning to employees. The supervisor- is generally responsible for the calendar and rewinder operations. He issues orders and instructions to the tour foremen concerning such matters as machine schedules and special orders. He also makes all final decisions with respect to major shutdowns or modi- fications of machinery that would seriously affect production or- the method of.operation. Past supervisors have been paid on salary basis, the present supervisor preferring, however, to receive hourly pay. 15. Box shop supervisor: There is one box shop supervisor who,. like the calendar and rewinder supervisor, reports directly to the general finishing superintendent. He has under his direction 19 752 DECISIONS OF NATIONAL LABOR RELATIONS BOARD employees who are engaged in the manufacture of skids, cases, wedge blocks, and other products. The supervisor receivers orders directly from the department needing the product. He then plans the flow of the work through the shop, which requires among other things setting priorities on orders and establishing the quantity of various items to be produced at one time. He inspects the wood used in the products to insure its being up to grade and is generally responsible to see that qualified men are on the job and that output of the shop meets specifications. The supervisor handles the first step grievances under the Union's contract. 16. Control laboratory supervisor: The control laboratory super- visor has under him some 28 employees, mainly paper testers. His primary function is to arrange work schedules and assign the work to the paper testers in the control laboratories. He runs rechecks on the tests of the paper testers and checks both the instruments used by, and the techniques of, the testers. He also inspects the testers' reports, corrects testing procedures and instruments, and is responsible for seeing that the paper tests are run regularly as required. When requested by operating departments, he may work variations from the usual routine testing in order to have testers make more frequent tests on certain products or processes, and he reassigns employees to cover the changed workload. The testers do shift work and on night or weekend hours when no supervision is present they will call the supervisor if difficulties arise or, if he is unavailable, seek help from salaried supervision. The evidence shows that the individuals in the above 16 classifica- tions at the Luke plant are supervisors. The calendar and rewinder supervisor clearly is relatively high in the supervisory hierarchy and in dispute here solely because he prefers to be paid on an hourly rather than salary basis. As for the other individuals involved, each directs the work of a 'group of employees; is responsible for the proper functioning, of7 the production operations or completion of maintenance jobs which he oversees; and it is clear from the nature of the work and the direction exercised that each must use independent judgment in carrying out. his responsibilities. Further- -more, there is no evidence that these classifications are under the close, continuing supervision of their sup'eriors.19 Consequently, we find they responsibly direct, in a nonroutine manner, other employees, and are, thus, supervisors within the meaning of the Act. 16 See cases cited footnote 10, supra. . With reference, to the pipe shop supervisors, the record is unclear as to the precise extent of salaried supervisors ' direction of their work. However, absent a finding that these supervisors are in fact statutory supervisors, there would exist the high ratio of 4 ,3 employees to 1 salaried supervisor, a situation which, ,we believe , warrants our. finding in view of the 'other evidence that the pipe shop supervisors are supervisors within the meaning of the Act., Cf . Swift & Company, 119 NLRB .1556., WEST VIRGINIA PULP AND PAPER COMPANY 753 B. Classifications which are not supervisory 1. Millwright supervisor, pulpmill: There are 18 millwrights in the crew under the millwright supervisor. They are engaged primarily in the repair and maintenance of production equipment in the pulpmill. There is also a salaried pulpmill supervisor who is in charge of these millwright operations and who supervises no employees other than the millwrights. These employees usually work in small crews at various locations in the pulpmill. The composition of these crews is determined by the salaried supervisor and millwright supervisor in daily conferences. The details of the day-to-day type of maintenance work is usually handled by the hourly supervisor, while on major equipment installations the salaried supervisor would work with the millwright supervisor on such details. The major portion of the latter's time is spent in touring the plant inspecting the jobs in progress. In an emergency situation he can shift one employee from one job to another but on doing so immediately notifies his salaried superior, who also may make such changes of assignment. Job planning or scheduling is done by the two supervisors in conference. 2. Lubrication inspector: Under the lubrication inspector there is a crew of approximately 10 employees engaged in lubricating papermill production machinery. Also, over this crew, including the inspector, is a salaried lubrication supervisor who supervises the lubrication department and the 10 lubrication employees. The lubricators are assigned by the supervisor in conjunction with the inspector to various areas in the papermill to which they report each day. The supervisor with the inspector also establishes the lubrication check list for each machine which sets forth the require- ments of the job to be followed by each lubricator. Once the list is established the work is largely routine. The inspector is primarily responsible for touring the plant to see that the machinery has been lubricated as specified and that it is not running improperly due to failure in the lubricating system. The supervisor also makes such inspection tours from time to time. Lubricating is a 7-day-a-week job. The supervisor works week days only; while the inspector is on duty every other weekend. However, on the alternate week- ends a lubricator works as a relief for the inspector. 3. Paint shop supervisor: There is 1 paint shop supervisor and 10 painters who work on painting jobs at various locations in the plant. Over these operations is a salaried paint shop foreman who supervises only the painters, the hourly supervisor, and their work. The planning or setting up of jobs is primarily the responsibility of the salaried foreman. However, in such work, he consults the supervisor and together they decide the number of men needed to 505395-59-vol. 122-49 754 DECISIONS OF NATIONAL LABOR RELATIONS BOARD do a particular job, the materials to be used , and the method of application. Any emergency transfers of painters from one job to another is a joint decision of the foreman and supervisor. The painters are directed to their particular job by the supervisor who is basically concerned with the execution of the planned jobs. He apparently directs the performance of the work and inspects when a job is completed. The salaried foreman also may engage in on-the-job direction of. the painters. 4. Bleach, room supervisor: The operations of the bleach room20 are a 24 hour-a-day chemical process. There are 3 shifts with approximately 10 employees on each shift covering these opera- tions. In charge of the bleach room is the salaried pulp production supervisor and immediately under him is the salaried pulp produc- tion engineer who is the immediate superior of the bleach room supervisor here in dispute. These three individuals work daylight hours only. There is concededly no supervision on duty during night shifts, and if an emergency arises at that time , salaried super- vision and not the bleach room supervisor is notified. It is the responsibility of the bleach room supervisor to tour the bleach room to check on the condition of equipment and operations and to take corrective measures to maintain the quality of the pulp. He may effect a minor shutdown of operations for such purposes. If, however, a major. shutdown is required, the matter will be handled by salaried supervision. He also may instruct the operators with respect to the better operation of their equipment and the increasing of their production. Each morning a meeting is held by salaried supervision with the supervisor. Such matters as require attention' are discussed and usually the supervisor is delegated to see that proper corrective measures, suggested either by himself or salaried supervision, are carried out. On occasion, however, salaried supervision will directly oversee the operations of their department. Another important aspect of the supervisor's work is to have the machinery and other equipment placed in good operating condition for the night shifts. As the above summary shows, there are in the bleach room during the day 2 salaried supervisors and the hourly supervisor overseeing the work of only 10 employees. Also, the record indicates that salaried supervision, especially the engineer, performs to some ex- tent the same kind of work as does the hourly supervisor, and,the record fails to establish that the bleach room supervisor has any greater authority than to relay instructions of salaried supervisors and to carry out relatively routine functions. 21 The bleach room operation is entirely separate from that of the bleach plant. The latter involves producing certain bleaching and other chemicals, while the former involves the actual bleaching of pulp. WEST VIRGINIA PULP AND PAPER COMPANY 755 5. Machinist supervisor: There are 16 machinists and the machin- ists supervisor in the machine shop which does regular machinists work for the plant departments. The supervisor receives the job orders which he assigns to the various machinists. However, the evidence fails to establish that he must use independent judgment in carrying out his responsibilities and the record indicates that salaried supervision closely oversees the work of the supervisor and the machinists. 6. Loading supervisor, papermill: There are 2 loading super- visors who oversee the work of two crews of 7 and 13 employees engaged in loading paper into railway cars and truck trailers. The immediate superior of the supervisors is the salaried shipping and loading superintendent who keeps apprised of the amount of paper to be loaded, the different sequences of loading, and daily passes instructions along to the supervisors, who oversee the actual loading of the cars. They may pick a car to be loaded, reject a car if defective, have employees clean out a car, and are generally respon- sible for the condition of the car and for assuring that loading specifications are met. The superintendent, however, tours the load- ing areas and, if he discovers a car improperly loaded, will direct the supervisor to have the fault corrected. He also keeps an espe- cially close check on the handling of special cars and on situations involving new loading procedures. to see that the supervisors are handling them properly. Thus, it would appear that the supervisors are mainly responsible for the details of loading in the usual, routine situation, while the superintendent directly oversees the novel or special situation. The above six classifications include individuals who to some extent direct the activities of other employees. However, in each instance there is present salaried supervisors whose duties are limited to overseeing the same work and same employees as the persons here in dispute 21 Although the degree of salaried super- visions' control over, and immediate supervision of, the hourly supervisors and their crews is not in all instances clearly reflected in the record, it appears from the evidence that such control and supervision are extensive. Moreover, the facts fail to show affirma- tively that the hourly supervisors do exercise independent judgment with respect to either the organization of the work of their crews or the direction of employees in the crews. Thus, we find that the record fails to show that the individuals in the above classifications are supervisors within the meaning of the Act.22 21 Except for the shipping and loading superintendent who has under him about five enrnloyees in addition to those in the loading supervisor's crews. z See cases cited in footnotes 13, 14, and 15 , supra, and Gill Glass c6 Fixture Company, 116 NLRB 1540, 1541. A finding that the bleach room supervisor is a statutory super- visor would, moreover, create for daytime operations a high supervisory ratio of 1 supervisor to 33^ employees. Cf. United States Gypsum Co., 119 NLRB 1415. 756 DECISIONS OF NATIONAL LABOR RELATIONS BOARD M. WILLIAMSBURG, PENNSYLVANIA, PLANT There are but two job classifications in dispute at the Williams- burg plant. 1. Tour foreman, pulpmill: There are three tour foremen who work only night shifts when, for the greatest part of the time, no salaried supervision is present. On each shift there are 15 em- ployees. The foremen are generally responsible for the continued, proper operation of the mill and toward this end they tour the mill inspecting for troubles that may arise and directing where necessary the work of the employees. They can shut down opera- tions to effect minor repairs. Long shutdowns, however, are ordered by salaried supervision only. We believe it is clear that the fore- men are responsible on their shifts for the mill operations and that their duties require the use of independent judgment in the non- routine direction of employees. Accordingly, we find they are supervisors and shall exclude them from the unit.23 2. Yard boss : There is 1 yard boss and a yard crew of approxi- mately 11 employees engaged in various jobs such as maintaining industrial railroads, unloading. materials, and cleaning and repairing woodtrucks and other yard equipment. The yard laborers usually work at different locations in the yard, their assignments to par- ticular jobs being made either by salaried supervisors or the yard boss. The boss tours the jobs in progress to see if the work is proceeding properly and if the job is satisfactorily completed. He also may spend a substantial part of his time doing labor work. However, there is an assistant yard boss who usually works directly under salaried supervision which normally is out in the yard at least 40 percent of the time and under normal circumstances may be present a much greater percentage of the time 24 Though it is clear that the boss directs the work of other employees, the record does not establish that this direction requires the use of independent judgment; on the contrary, the fact that salaried supervision is present in the yard, a considerable part of the time and partakes in assigning and transferring employees, indicates that independent judgment is not required. Accordingly, we find that the record fails to establish that the yard boss is a supervisor within the meaning of the Act 25 In view of the foregoing, we shall amend our certifications of representatives with respect to the employees included in the unit by specifically excluding the individuals in the classifications listed e3 See footnote 10, supra. SA The yard boss' top supervisor is the outside superintendent who testified that he was in the yard not more than 40 percent of his time. However, the superintendent has a salaried assistant who at the time of the hearing was on temporary military leave. The record indicates the assistant usually spends over 40 percent of his time in the yard. 25 See footnotes 13 and 15, supra. WEST VIRGINIA PULP AND PAPER COMPANY 757 in Appendix A attached hereto and by specifically including in the unit the employees in the classifications set forth in Appendix B. [The Board ordered the certifications of representatives issued to the United Papermakers and Paperworkers, AFL-CIO, in Cases Nos. 5-R-1624 and 5-RC-369 amended to exclude specifically the individuals in the classifications set forth in Appendix A and to include specifically the employees in the classifications listed in Appendix B attached hereto.] APPENDIX A EXCLUDED CLASSIFICATIONS Covington, Virginia, Plant 1. Tour Foreman Dry Run Woodyard 2. Tour Foreman, Yards 3. Tour Foreman, Recovery 4. Tour Foreman, Unbleached Pulpmill 5. Tour Foreman, Carbon Plant 6. Millwright Foreman, No. 1 Pulpmill Mechanics 7. Millwright Foreman, No. 2 Pulpmill Mechanics 8. Millwright Foreman, Papermill Mechanics 9. Machine Shop, Machinists Foreman 10. Day Foreman, Dry Run Woodyard 11. Yard Foreman 12. Warehouse Foreman, Carbon Plant Luke, Maryland, Plant 1. Tour Foreman, Beaters, Wet Laps, and Save Alls 2. Tour Foreman, 12-3 Paper Machines 3. Tour Foreman, 4-5 Paper Machines 4. Tour Foreman, 6-7 Paper Machines 5. Tour Foreman, Calendars and Rewinders 6. Tour Foreman, Machine Coating 7. Assistant Superintendent, 4-5 Machine Room, Papermill 8. Trimmed Sheet Supervisor 9. Quality Supervisor, Cutter Department 10. Production Supervisor, Cutter Department 11. Welding Shop Supervisor 12. Millwright Supervisor, Crews and Shops 13. Pipe Shop Supervisor 14. General Mechanic Supervisor 15. Sheet Metal Supervisor 16. Labor Supervisor, East End 17. Labor Supervisor, West End 18. Salvage Supervisor 758 DECISIONS OF NATIONAL LABOR RELATIONS BOARD '19. Bleach Plant Supervisor 20.. Labor Gang Supervisor 21. Calendar. and Rewinder Supervisor 22. Box, Shop Supervisor '23. Control Laboratory Supervisor Williamsburg, Pennsylvania, Plant 1. Tour Foreman, Pulpmill APPENDIX B INCLUDED CLABSIrICATIONs Covington, Virginia, Plant 1. Pipe Shop, Pipe Foreman, Construction 2. Pipe Shop, Pipe Foreman, East Side Maintenance 3. Pipe Shop, Pipe Foreman, West Side Maintenance 4. Assistant Millwright Foreman 5. Assistant Carpenter Foreman 6. Assistant Finishing Foreman, No. 2 Boardmill 7. Labor Foreman 8. Paint Foreman 9. No. 6-7 Finishing Foreman Luke, Maryland, Plant 1. Millwright Supervisor, Pulpmill 2. Lubrication Inspector 3. Paint Shop Supervisor 4. Bleach Room Supervisor 5. Machinist Supervisor 6. Loading Supervisor, Papermill Williamsburg, Pennsylvania, Plant 1. Yard Boss Boggs and Company, Inc. and Truck Drivers and Helpers Local No. 728, Affiliated with - International Brotherhood of Team- sters, Chauffeurs, Warehousemen and Helpers of America, Petitioner. Case No. 10-RC-4191. December 80, 1958 DECISION AND CERTIFICATION OF REPRESENTATIVES Pursuant to a stipulation for certification upon consent election entered into by the parties on August 29, 1958, an election by secret ballot was conducted on September 11, 1958, under the supervision and direction of the Regional Director for the Tenth Region, among certain employees of Boggs and Company, .Inc. Immediately fol- 122 NLRB No. 82.