Bethlehem Steel Co.

National Labor Relations Board - Board Decisions

Jun 15, 1944

56 N.L.R.B. 1390 (N.L.R.B. 1944)

In'theMatter of BETHLEHEM STEEL COMPANY ( STONE & SLAG DIVISION)
and UNITED STEELWORKERS OF AMERICA, C. 1. 0., DISTRICT 11
Case No. 4-B-1378.-Decided June 15, 194,4
Mr. Gerald J. Reilly, of Bethlehem, Pa., for the Company.
Mr. John Hartwick, of York, Pa., for the Union.
Mr. Joseph E. Gubbins, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by United Steelworkers of America,
C., I. 0., District i 1, herein called the Union, alleging that a question
affecting commerce had arisen concerning the representation of em- '
ployees of Bethlehem' Steel Company (Stone & Slag Division); Han-
'over, Pennsylvania, herein' called the Company,i 'the National Labor
Relations Board provided for an appropriate hearing upon due notice
before, Eugene M. Purver, Trial Examiner. Said hearing was held,at
Hanover, Pennsylvania, on May 17, 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 Company moved, to dismiss the
petition on the grounds that the Board lacks jurisdiction in that the
guards sought to be represented by the Union are not "employees"
within the meaning of the Act, and that the unit sought is inappropri-
ate. For reasons appearing 'hereinafter, the motions are hereby de-
nied. - 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.
1 Motions were made and granted to amend all documents and papers in the case to set
forth the names of the Company and the Union , as they appear above
2 The Company asserted that it was appearing specially for the purpose of contesting the
Board's jurisdiction.
56 N. L . R. B., No. 248.
1390 - -
BETHLEHEM STEEL COMPANY - 1391
Upon the entire record in the case, the Board makes the following:
FINDINGS OF. FACT
I. THE BUSINESS OF THE COMPANY
Bethlehem Steel, Company, a Pennsylvania corporation, operates
through its Stone & Slag Division a limestone quarry located at Han-
Pennsylvania, with which this proceeding is solely concerned.
During the year 1943, the Company extracted from said quarry lime-
stone valued in excess of $1,000,000, of which 90 percent in value was
shipped to points outside the Commonwealth of Pennsylvania.,
,The Company concedes, for the purposes of this proceeding, that its
is engaged in commerce within the meaning 'of the National Labor
Relations Act.
II. THE ORGANIZATION INVOLVED
United Steelworkers of America, District 11, is 'a labor organization
affiliated with the Congress of Industrial Organizations, admitting to
membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company refuses to recognize the Union as the bargaining rep-
resentative for certain of its employees, claiming that the unit sought
by the Union is inappropriate for the purposes of collective bargaining.
A statement prepared by a Field Examiner, 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.3
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.
IV. THE APPROPRIATE UNIT
The Union seeks a unit comprised of all the guards employed at the
Company's Hanover quarry, excluding clerical and supervisory em-
ployees. The Company takes the position that the confidential and
disciplinary nature of the tasks assigned to guards makes them in-
struments of management, that they are not "employees" within the
Act's purview, and that they do not comprise an appropriate unit.
'The Field Examiner 's statement shows that the Union submitted six application-for-
membership cards. There are six employees in the unit alleged by the Union to be
appropriate.
1392 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The arguments advanced by the Company have been frequently con-
sidered by the Board in cases involving guards. The instant'proceed-
ing reveals facts which are no different from those disclosed in such
cases. Six guards are employed by the Company, none of whom is
uniformed. However, they are armed and have been sworn into the
Pennsylvania State Constabulary. They perform duties usually asso-
ciated with plant-protection employees. Thus, they guard against
sabotage, theft, trespass, and fire hazards. They are hourly paid and
are under the direct supervision of the quarry superintendent. ' They
do not possess any disciplinary authority in fact, despite their policing
functions, and there is no evidence that they are considered to be rep-
resentatives of management by the production and maintenance em-
ployees. Moreover, they do not possess confidential information re-
lating to the Company's labor relations. In view of these facts, we are
of,the opinion that the Company's,guards are "employees" within the
meaning of the Act and that they form an appropriate unit.4
We find that all the guards employed by,the Company at its Hanover
quarry, 'excluding clerical employees and all 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 col-
lective bargaining within the meaning 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 Election
,herein, subject to the limitations and additions set forth in' the
Direction.
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 Re-
lations Act, and pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulatioiis-Series'3, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Bethlehem Steel
Company (Stone & Slag Division), Hanover, Pennsylvania, an elec-
t-ion 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 Fourth
Region, acting in this matter as agent for the National Labor Relations
4 See Matter of Coneolidated Steel Corporation , Ltd., 51 N. L R. B 333, and cases cited
therein.
BETHLEHEM STEEL COMPANY 1393
Board, and subject to Article III, Sections 10 and 11, of said Rules and
Regulations, among the employees in the unit found appropriate in
Section IV, above, who were employed during the pay-roll period im-
mediately 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 any who have since quit, or been discharged
for cause and have not been rehired or reinstated prior to the date of
election, to determine whether or not they desire to -be represented by
United Steelworkers of America, C. I. 0., District 11, for the purposes
of collective bargaining.