A. M. Castle & Co.

National Labor Relations Board - Board Decisions

Feb 16, 1944

54 N.L.R.B. 1378 (N.L.R.B. 1944)

In the Matter of A. M . CASTLE & Co. and UNITED STEELWORKERS OF
AMERICA, C. I. O.
Case No. 13-R-2203.-Decided February 16,1944
Gann, Secord, Stead & McIntosh, by Mr. J. Walter Stead, of Chi-
cago, Ill., for the Company.
Mr. George A. Patterson, of Chicago, Ill., for the Union.
Mr. Charles W. Schneider, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by United Steelworkers of America, C. 1. 0.,
herein called the Union, alleging that a question affecting commerce
had arisen concerning the representation of employees of A. M. Castle
& Co.,' Chicago, Illinois, herein called the Company, the National
Labor Relations Board provided for an appropriate hearing upon
due notice before R. N. Denham, Trial Examiner. Said hearing was
held at' Chicago, Illinois, on January 4, 1944. The Company and
the Union appeared, participated, and were afforded full opportunity
to be heard, to examine and cross-examine witnesses, and to introduce
evidence bearing on the issues. The Trial Examiner's rulings made
at the hearing are free from prejudicial error and are hereby affirmed.
All parties were afforded opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
A. M. Castle & Co. is an Illinois corporation engaged in the business
of merchandising and fabricating steel. The Company operates
plants in Chicago, Illinois, Seattle, Washington, and Los Angeles,
San Francisco, and Oakland,. California. Only the Chicago plant,
i The correct name of the Company, in accordance with a stipulation made at the hearing.
54 N. L. R. B., No. 212.
1378
A. M. CASTLE & co. 1379
employing approximately 160 persons, is involved in the present
proceedings.
During 1943 the Chicago plant received raw materials, consisting
principally of steel plates, shapes, bars and sheets, valued in excess of
$200,000, of which more than 30 percent was secured from sources out-
side the State of Illinois. During the same period the Chicago plant
sold or delivered products valued in excess of $200,000, of which more
than 20 percent was shipped to points outside the State of Illinois.
The Company concedes that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
United Steelworkers of America, C. I. 0., is a labor organization
affiliated with the Congress of Industrial Organizations, admitting
to membership employees of the Company.
III. THE QUESTION OONOERNING REPRESENTATION
On December 2, 1943, the Union requested recognition as collec-
tive bargaining representative of the Company's production and
maintenance employees. On December 8, the Company declined to
accord such recognition until the Union had been certified by the
Board.
A statement of the Regional Director, introduced into evidence
at the hearing, indicates that the Union represents a substantial num-
ber of employees in the unit hereinafter found to be appropriate?
We find that a question affecting commerce has arisen concern-
ing the representation of employees of the Company, within the mean-
ing of Section 9 (c) and Section'2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
The parties are in general agreement that all production and main-
tenance employees in the Chicago plant, excluding guards and clerical
and supervisory employees, constitute an appropriate unit. Some
question is raised, however, as to whether certain employees should"
be included or excluded.
Stockroom clerk and shippers: The stockroom clerk is in charge
of a stockroom in the plant where small tools and parts are kept. He
maintains an inventory of these items and supplies them to the em-
ployees on requisition. The parties did not specifically indicate their
position with respect to the clerk. We are of the opinion that his
2 The Regional Director reported that the Union submitted evidence indicating that it
represented 54 of the 99 persons in the appropriate unit as of November 30, 1943.
1380 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
duties identify him more closely with the production than with the
general office clerical employees. He will therefore be included in the
unit hereinafter found to be appropriate.
The so-called "shippers" work in the shipping department of the
plant and prepare bills of lading for outgoing shipments. We shall
include them within the appropriate unit.
Supervisory employees: There is a question as to the supervisory
status of the following employees : George Lind, John Liepe, A. P.
Neugebauer, J. J. Majosky, S. A. Jagielo, Roy T. Dixon, and W. J.
.Naughton. The Union would apparently exclude these employees,
with the exception of Majosky. The position of the Company with
respect to their exclusion was not ascertained. All but Majosky and
Neugebauer, who were described as "semi-supervisory," were charac-
terized by Quetsch, vice president and general manager of the Com-
pany, as "supervisory."
Lind is superintendent of Warehouse No. 1; Liepe, superintendent
of Warehouses 2 and 3. Although the record does not disclose their
precise authority, we infer that Lind and Liepe either have authority
to discharge or effectively recommend such action. They will there-
fore be excluded.
Neugebauer is a day working foreman of the loading crew in ware-
houses 2 and 3. He substitutes for Liepe when the latter is absent.
Majosky is a working foreman of the night loading crew, consisting
of about three men. He "supervises" the night loading operations.
He has no authority to hire or discharge, but reports violations to
the superintendent who in turn investigates.
Jagielo is an expert craftsman who lays out material for blueprints,
builds jigs, and "runs the shop under the supervision of Liepe."
Dixon performs duties similar to those of Jagielo in the sheet steel and
light bar warehouse. Naughton is an expert flame-cutting operator
who instructs newly-hired burners and "generally supervises" their
work in the plant.
The authority of Neugebauer, Jagielo, Dixon, and Naughton with
respect to disciplinary treatment of employees is not disclosed. Their
inclusion or exclusion is therefore made dependent upon whether
they fall within our customary definition of supervisory employees
as given hereinafter:
However, with respect to Majosky, the record indicates that his
recommendations carry no weight, since the superintendent investi-
gates his reports. We therefore find that Majosky is not a super-
visory employee within our definition.
In accordance with the foregoing, we find that all production and
maintenance- employees at the Company's Chicago plant, including
the stockroom clerk and the shippers, but excluding clerical employees,
A. M. CASTLE & CO. 1381
guards, and supervisory employees with authority to hire, promote,
discharge, discipline, or otherwise effect changes in the status of
employees, or effectively recommend such action, constitute a unit
appropriate for the purposes of collective bargaining within the mean-
ing of Section 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which'
has arisen be resolved by an election by secret ballot among the em-
ployees in the appropriate unit who were employed during the pay-
roll period immediately preceding the date of the Direction of Elec-
tion herein, subject to the limitations and additions set forth in the
Direction and in this Section.
There is dispute as to whether certain part-time employees should
vote in the election. There are eight of these employees. They are
regularly employed during the day in the main office of the Company
as salesmen , clerical workers, or in other classifications not within
the appropriate unit, but work as part-time employees in the pro-
duction department for 4-hour periods, 3 nights a week. This em-
ployment is brought about by the Company's inability to hire regular
employees. The tenure of these men was characterized by Quetsch
as "temporary.", It is strictly of an emergency nature and is engaged
in by the part-time employees primarily for patriotic reasons. For
such work as they perform, they are paid the regular rates for produc-
tion employees. They are not required to maintain the regularity of
attendance demanded of the regular production employees. The
Company contends that these part-time employees should be per-
mitted to vote in the election; the Union contends that their interests
lie primarily with the office group.
Since their employment is, in a very real sense, of an emergency and
temporary character, and because of the nature of their regular em-
ployment, we are of the opinion that part-time employees who are
regularly employed by the Company in classifications excluded from
the appropriate unit, have an insufficient interest to warrant their
participation in the election.
DIRECTION OF ELECTION
By virtue of and pursuant to the power vested in the National Labor
Relations Board by Section 9 (c) of the National Labor Relations Act,
and pursuant to Article III, Section 9, of National Labor Relations
Board Rules and Regulations-Series 3, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with A. M. Castle &
1382 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Co., Chicago, Illinois, an election by secret ballot shall be conducted
as early as possible, but not later than thirty (30) days from the date
of this Direction, under the direction and 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, Sec-
tions 10 and 11, of said Rules and Regulations, among the employees
in the unit found appropriate in Section IV, above, who were em-
ployed 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 employees in the armed forces of the United
States who present themselves in person at the polls, but excluding
the part-time employees referred to in Section V, above, and em-
ployees who have since quit or been discharged for cause and who
have not been rehired or reinstated prior to the date of the election,
to determine whether or not they desire to be represented by United
Steelworkers of America, affiliated with the Congress of Industrial
Organizations, for the purposes of collective bargaining.