American Bridge Co.Download PDFNational Labor Relations Board - Board DecisionsMar 21, 194666 N.L.R.B. 995 (N.L.R.B. 1946) Copy Citation Ili the Matter of AMERICAN BRIDGE COMPANY and TECHNICAL & CLERICAL EMPLOYEEs AMERICAN BRIDGE Co. OF AMIIRIDGE PLANT. AFFILIATED WITH NATIONAL FEDERATION OF SALARIED UNIONS Case No. 6-R-1264.-Decided March 21, 1946 Messrs. John C. Irwin and J. L. Davidson. Jr., of Pittsburgh, Pa., for the Company. Messrs. H. C. Jones and B. F. Ilammerk, of Edgeworth, Pa., for the Union. Mr. John J. Brov,nlee, of Pittsburgh, Pa., and Mr. Manuel Wood. of Ambridge, Pa., for the C. I. O. Mr. C. C, Kessler, of counsel to the Board. DECISION AND DIRECTION OF ELECTIONS STATEMENT OF THE (SASE Upon a petition duly filed by Technical & Clerical Employees American Bridge Co. of Ambridge Plant, affiliated with National Federation of Salaried Unions, herein called the Federation, alleging that a question affecting commerce had arisen concerning the repre- sentation of employees of American Bridge Company, Ambridge, Pennsylvania. herein called the Company, the National Labor Re- lations Board provided for an appropriate hearing upon due notice before Joseph Lepie, Trial Examiner. The hearing was held at Pittsburgh, Pennsylvania, on January 3, 1946. The Company, the Union, and United Steelworkers of America, C. I. 0., herein called the C. I. 0., appeared and participated. All parties were afforded full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues. At the hearing the C. I. O. moved that, in the event an election is directed, the Federa- tion be designated on the ballot with the words "American Bridge Company of Ambridge Plant" deleted from its name. The Trial Examiner referred the motion to the Board. For reasons appearing in Section V, infra, this motion is denied. The Trial Examiner's rulings made at the hearing are free from prejudicial error and are 66 N. L . R. B., No. 123. 995 996 DECISIONS OF NATIONAL LABOR RELATIONS BOARD hereby affirmed. _111 parties were affiorded opportunity to file briefs with the Board. Upon the entire record in the case, the Board makes the following: FIN-111-NMI, OF FACT 1. THE BUSINESS OF THE COMPANY American Bridge Company is a New Jersey corporation. We are here concerned with its Ambridge Plant at Ambridge, Pennsylvania, where it is engaged in the fabrication of structural steel for the manufacture of bridges, buildings, towers, and other structures. During the year 1945, the Company purchased for use at its Ambridge Plant raw materials valued in excess of $1,000,000, of which approxi- mately 25 percent represented shipments from points outside the Commonwealth of Pennsylvania. During the same period the Coin- pany manufactured at its Ambridge Plant finished products valued in excess of $1,000,000, 80 percent of which represented shipments to points outside the Commonwealth. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATIONS INVOLVED Technical & Clerical Employees American Bridge Co. of Ambridge Plant is a labor organization affiliated with National Federation of Salaried Unions, admitting to membership employees of the Company. United Steelworkers of America is a labor organization affiliated with the Congress of Industrial Organizations, admitting to member- ship employees of the Company. III. TILE QUESTION CONCERNING REPRESENTATION The Company has refused to grant recognition to the Federation as the exclusive bargaining representative of its clerical and technical employees. A statement of a Board agent, introduced into evidence at the hearing, indicates that the Federation represents a substantial number of employees in the alleged appropriate unit.' We find that a question affecting commerce has arisen concerning the representation of employees of the Company, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act. 1 The Field Examiner reported that the Federation submitted 172 cards ; that 156 of these cards bore the names of employees listed on the Company 's pay roll of October 29, 1945; that the cards were undated ; and that there are approximately 365 employees in the alleged appropriate unit. Ile further reported that the C I. O. submitted 57 cards, and that one of the cards bore the name of an employee listed on the Company's pay roll of the same date. The C . I. O. is also relying on its May 2, 1945, contract with the Company , which it alleges covers several of the categories in issue in this proceed- ing, as proof of its interest in this proceeding . ( See footnote 3, infra.) AMERICAN BRIDGE COMPANY • IV. THE APPROPRIATE U"N ITS 997 The Federation seeks two separate units at the Company's Am- bridge Plant, i.e., one consisting of all salaried or clerical employees with certain specified inclusions and exclusions, and the other con- sisting of all technical employees with certain specified inclusions and exclusions.2 The Company and the C. I. 0. are in general agreement as to the scope and composition of the two units, but dispute the Federation's proposed inclusion of salaried inspectors in the technical unit, and the proposed inclusion of countermen and scale clerks in the salaried or clerical unit on the ground that their work is more closely identified with production and that they are already covered by an existing contract between the C. I. 0. and the Company.3 Salaried Inspectors The Company employs in all about 30 inspectors; 22 of these are hourly paid and are admittedly included in the production and maintenance unit represented by the C. I. 0. There is no dispute with respect to these 22 employees. The only issue relates to the remaining 8 inspectors who are salaried and whom the Federation would include in the technical unit. Both salaried inspectors and hourly paid inspectors perform the same duties, work the same hours, and are under the same supervision. None of the inspectors perform any supervisory or managerial functions. The earnings of these two groups are approximately the same, due in part to the fact that any wage increase secured by the C. I. 0. on behalf of the hourly paid inspectors has been extended to the salaried inspectors. The Federation would distinguish between the inspectors because of the difference of their mode of payment. The record discloses in this connection that the eight salaried inspectors have been with the Company on a salaried basis since before 1926. At that time, the Company began hiring inspectors on an hourly wage rate basis only, a practice which it has since followed. No change was ever 2 The petition alleged as appropriate a unit of all clerical and technical employees. It was amended at the hearing as shown above. 8 The C. I. 0. was certified on November 2, 1945, by the Board as the representative of all employees of the Ambridge Plant, excluding , among others , salaried or clerical employees and technical employees . The present contract between the parties was executed on May 2, 1945 , and covers , except for specific exclusions , "all employees of the Company at its Ambridge plant * * * for whom the Union is or may be during the life of the agreement certified by the National Labor Relations Board as the exclusive bargaining representative ." It is the position of the C. I. 0. that, although the contract appears to exclude from its coverage the classification of salaried inspectors , in issue in this proceeding, it was not the intent of the contracting parties to exclude them from the contract 's coverage and it is presently functioning as the bargaining representative of these employees , as well as the countermen and scale clerks who are also sought by the Federation. 998 DECISIONS OF NATIONAL LABOR RELATIONS BOARD effected in the mode of payment of these eight employees in ordeh to safeguard certain privileges, such as the right to payment for unavoidable absences, which inure only to salaried employees. It is further apparent from the record, that, although the 1945 con- tract between the C. I. 0. and the Company expressly excluded salaried employees,4 the contracting parties view this exclusion as applied to inspectors as not controlling and consider these salaried inspectors to be part of the production force and covered in many respects 5 by the contract. We have repeatedly held that the method of compensation must have a direct relationship to the functions, skill, and status of the employees before it may operate as a demarca- tion factor.6 Accordingly, because it is clear that, except for the difference in the method of payment, there is no basis for distinguish- ing between the two groups of inspectors, we shall exclude the salaried inspectors from the technical unit. Countermen The Countermen, whom the Federation seeks to include within the salaried unit, work in the Company's storeroom. Their primary duty consists of issuing tools and supplies requisitioned by the pro- duction employees and issuing credits for all returned items. They are hourly paid. The C. I. 0. has been bargaining for these em- ployees as part of the production and maintenance unit; the record shows that it has processed grievances and secured wage increases in their behalf. It is apparent from the foregoing that the interests of these employees lie with those of the production and maintenance employees. We shall exclude them from the salaried or clerical unit. Scale Clerks in Mechanical and Maintenance Department (Fabricating) The scale clerks in the mechanical maintenance department, whom the Federation seeks to include within the salaried unit, perform duties of conductors, brakemen, and clerks in the scale house. As con- ductors, they direct the placement of railroad cars. As brakemen. they couple and uncouple cars, transmit signals from the conductor ' Some of the salaried inspectors were once members of the Union However, upon the Company 's refusal to invoke the dues check -off provision of the contract with respect to salaried inspectors by reason of the exclusion from the contract of salaried employees, these inspectors interpreted the Company ' s action as notification of their ineligibility to remain members of the C I 0 and withdrew BAs noted above, the Company is unwilling , however, to invoke the dues check-off provision of the contract with respect to the salaried inspectors 6 See Matter of Westinghouse Air Brake Company, 64 N L R . R 547, AMERICAN BRIDGE COMPANY 999 to the locomotive crew, ride cars, apply hand brakes and throw switches. As clerks, they weigh cars and keep records of the move- ment of cars through the Company's yards, of demurrage, and do any other accounting required by the yard switch foreman. They are paid on an hourly basis and are considered by the Company to be part of the production and maintenance unit. We find that these employees are primarily engaged in production work, and that, in their clerical duties, they function as production clericals. We shall exclude them from the salaried or clerical unit. We find, in substantial accordance with a stipulation of the parties and our foregoing determinations, that the following units, excluding all supervisory employees with yuthority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees, or effectively recommend such action, are appropriate for the purposes of collective bargaining within the meaning of Section )) (h) of the Act : (1) All salaried or clerical employees of the Company's Ambridge Plant, including those employed in the categories set forth in Ap- pendix A, but excluding those in the categories set forth in Appendix 13, countermen, scale clerks in the Mechanical Maintenance Depart- ment (Fabricating), salaried inspectors, draftsmen, all plant protec- tion employees, administrative (such as inanagenlent staff, specialists, and others doing work of a confidential nature, and directly per- taining to management functions). confidential, professional and technical employees, all employees in the Industrial Engineering Department, all employees in the Industrial Relations Department, trainees, practice apprentices, supervisors and assistant supervisors; (2) All draftsmen, tracer draftsmen, and engineers of the Co3n- pany's Ambridge Plant, including those employees in the categories set forth in Appendix C, but excluding those in the categories set forth in Appendix 1), salaried inspectors, clerical employees, ad- Ininistrative (such as management staff, specialists, and others doing work of a confidential nature, and directly pertaining to manage- ment functions), confidential, professional, all employees in the Industrial Engineering Department, supervisors, and assistant super- visors. V. THE DETERMINATION OP REPRESENTATIVES We shall direct that the question concerning representation which has arisen be resolved by an election by secret ballot among em- ployees in the appropriate units who were employed during the pay-roll period immediately preceding the date of the Direction of 1000 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Elections herein, subject to the limitations and additions set forth in the Direction.' 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 Rela- tions Act, and pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 3, as amended, it is hereby DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with American Bridge Company, Ambridge, Pennsylvania, elections 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 Sixth Region, acting in this matter as agent for the National Labor Relations Board, and subject to Article III, Sections 10 and 11, of said Rules and Regulations, among employees in the units found appropriate in Section IV, above, 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 tem- porarily laid off, and including employees in the armed forces of the United States who present themselves in person at the polls, 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, to determine in each unit whether they desire to be represented by Technical & Clerical Employees American Bridge Co. of Ambridge Plant, affiliated with National Federation of Salaried Unions, or by United Steelworkers of America, C. I. 0., for the purposes of collective bargaining, or by neither. 7 As stated above, the C. I. 0. moved that, In the event an election is directed, the Federation be designated on the ballot with the words "American Bridge Company of Ambridge Plant" deleted from its name. Apparently the C. I. 0. objects to the incorpo- ration of the Company's name as part of the Union' s designation . We find no merit in this position. The Federation is clearly entitled to be designated on the ballot by Its true name, which includes the words sought to be deleted. AMERICAN BRIDGE COMPANY 1001 APPENDIX A INCLUSIONS WITHIN SALARIED UNIT Manager's Office (Fabricating Division) Telephone Operator Messenger to Pittsburgh Office Messenger Mail Clerk Mechanical Engineering Depart- ment File and Research Clerk Stenographer Drawing Room Stenographer Senior Clerk-Blueprint Room Clerk Blueprint Room Helper Blueprint Machine Operator Blueprinter Drawing Room Clerk Junior Clerk Accounting Department Stenographer-Office Supply Duplicator Machine Operator Junior Insurance Clerk Senior Tabulating Card Checker Pay-roll Audit Clerk Typist ( Shipping) Typist and Mail Clerk (ship- ping) Billing Clerk (Shipping) Timekeeper Timekeeper (night) Junior Timekeeper Accounts Payable Clerk Utility Clerk Junior Cost Clerk-Contract Records Rate Clerk Key Punch Operator Senior Coding Clerk Freight Clerk Tabulating Card Checker Junior Rate Clerk Cost Clerk-Stores Material Accounts Payable Clerk, Freight and Express Junior Clerk Senior Timekeeper Junior Clerk, Production Records Chief Cost Clerk Junior Tabulating Machine Operator Junior Clerk (piecework as- signment) Junior Clerk, Materials Junior Pay-roll Clerk Junior Voucher Clerk Adjustment Clerk, Materials Junior Cost Clerk-Construc- tion Records Adjustment Clerk, Materials Senior Accounting Clerk- Sub Contract Invoices Accounting Clerk Order Office Squad Leader Senior Stock Clerk Receiving Clerk, Order Office Junior Order Clerk Junior Clerk (Figures, Weights) Senior Order Clerk Order Clerk (Figures, Rivets and Cuts) Stenographer, Receiving and File Clerk Mill Order Clerk 1002 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Typist Clerk, Order Office Typist Clerk Stenographer, Record and File Clerk Storeroom Receiving Clerk, Storeroom Senior Clerk Stenographer Clerk File Clerk Industrial Engineering Depart- m ent Punch Shear Dispatcher (Main) Timekeeping and Routing Clerk (Templet) Routing Clerk following operations (Templet) Senior Templet Router (Templet) Rate Clerk (Main) Junior Clerk (Light work and Eyebar) Rate Clerk (Tank) Timekeeper and Rate Clerk- Barge Yard Relief Clerk (Plant General) Production Timekeeper (Main) Timekeeper Clerk (Machine) Routing Clerk (Beam) Superintendent's Clerk (Forge) Shop Clerk (Bolt, Nut and Rivet) Rate Clerk (Bolt. Nut and Rivet) Rate Clerk (Beam) Rate Clerk, Welding (Aux- iliary) Junior Clerk (Machine) Rate and Time Clerk (Barge) Routing Clerk (Templet) Shipping Department Senior Production Clerk Clerk-Shipping Shipping Clerk Senior Clerk-Shipping Chief Clerk-Shipping Inspection Department Chief Inspector's Clerk Shop Change Clerk Auxiliary Shop Welding Coordinator Beam and Column Shop Shop Clerk-Bean! and Column Alain Shop Superintendent 's Clerk Master Mechanics Deparbi?eW (Fabricating) Senior Clerk Receiving Yards Receiving Yard Clerk Master Mechanics Department- Shipyard Clerk and Draftsman Warehouse (Arnzy Ordnance) Stenographer Junior Record Clerk Senior Clerk Tag Clerk Posting Clerk File Clerk Typist Senior Clerk (Warehouse) Plate Shop No. 2 Superintendent 's Clerk Industrial Engineering Depart- in ent Shop Clerk ( Machine) AMERICAN BRIDGE COMPANY APPENDIX 13 EXCLUSmNS FROM SALARIED UNIT General Manager's Office General Manager Assistant to General Manager Clerk-Manager 's Office Secretary Manager 'ss O ffiee (Fabricating Division) Manager Assistant to Manager Clerk-Manager's Office Foreman Office Janitors Secretary to Manager Stenographer -Clerk-Man - ager's Office Junior Clerk-Manager's Office Chief Telephone Operator Manager's O fee (Shipyard) Assistant Manager Clerk-Navy Property and Equipment Stenographer Mechanical Engineering Depart- ment Secretarial Stenographer Drawing Room Secretarial Stenographer Chief Clerk Accounting Department Accountant Assistant to Accountant Chief Timekeeper Supervisor , Shipping State- ments Chief Clerk-Mail and Office Supplies Secretary Statistics Clerk Chief Cost Clerk-Shipyard 1003 Order O ffice Chief Clerk Assistant Chief Clerk Industrial Relations Department Supervisor of Labor Rela- t ions Employment Supervisor Chief Clerk (In charge of Safety) Chief Clerk Check Office Stenographer Paymaster's O ffiee Paymaster Assistant Paymaster Assistant to Paymaster Casualty Department Supervisor Nurses and Hos- pital Nurse Chief Nurse (Shipyard) Storeroom Storekeeper Assistant Storekeeper Industrial Engineering Depart- ment Accounting Superintendent, Rate Department Assistant to Superintendent, Rate Department Foreman, Rate Department Tilnestudy Engineer-Rate Department Typist-Rate Office Timestudy Engineer Senior Rate Clerk, Fitting (Main) Senior Rate Clerk (Beam and Column) Senior Route and Rate Clerk (Machine) 1 004 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Shipping Department Shipper Inspection Department Chief Inspector Warehouse (Army Ordnance) Assistant Manager APPENDIX C INCLUSIONS WITHIN Mechanical Engineering Depart- ment Civil Engineer Assistant Engineer Draftsman Drawing Room Draftsman Squad Engineer TECHNICAL UNIT Tracer Draftsman Detailer Checker Squad Leader Master Mechanics Department (Fabricating) Draftsman APPENDIX D EXCLUSIONS FROM Mechanical Engineering Depart- ment Chief Mechanical Engineer Assistant Mechanical Engi- neer Chief Electrical Engineer Electrical Engineer Civil Engineer Welding Engineer Assistant to Welding Engi- neer Design Engineer Draftsman and Investigator TECHNICAL UNIT Chief Draftsman Chemist Assistant Supervisor Junior Chemist Estimator Scale Inspector (Supervisor of Scales) Corrosion Engineer Photographer Chief Clerk Drawing Room Plant Engineer Engineer Copy with citationCopy as parenthetical citation