Bethlehem Steel Co.

National Labor Relations Board - Board Decisions

Oct 29, 1945

64 N.L.R.B. 569 (N.L.R.B. 1945)

In the Matter of BETI-ILEHEM STEEL COMPANY, SHIPBUILDING Divi-
SION and INDUSTRIAL UNION Or MARINE ce, SHIPBUILDING WORKERS
OF AMERICA, C. I. 0., LOCAL 12
'Case No. P.-R-5696.-Decided October Q9, 1941
Mr. E. E. Kirwan, of New York City, for the Company.
Mr. Thomas V. Flynn, of Staten Island, N. Y., for the Union.
Mr. John E. Lawyer, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF TILE CASE
Upon petition duly filed by Industrial Union of Marine & Ship-
building Workers of America, C. I. 0., Local 12, herein called the
Union, alleging that a question affecting commerce had arisen con-
cerning the representation of certain employees of Bethlehem Steel
Company, Shipbuilding Division, New York City, herein called the
Company, the National Labor Relations Board provided for an appro-
priate hearing upon due notice before John J. Cuneo, Trial Examiner.
The hearing was held at New York City, on July 17, 1945. The Com-
pany and the Union appeared at and participated in the hearing, and
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 Trial Examiner reserved ruling-on the
Company's motion to dismiss the petition on the ground that the unit
sought is inappropriate. For. reasons hereinafter stated we hereby
deny the motion. 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
Bethlehem Steel Company is a Pennsylvania corporation having its
offices for its Shipbuilding Division in New York City. It operates a
G4 N. L. R B, No. 95.
569
570 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
shipyard at Mariner's Harbor in Staten Island, New York, where it
is engaged in the repair, alteration, and conversion of ships. This is
the only operation of the Company involved in this proceeding. Dur-
ing the year 1944 the aggregate value of raw materials used by the Com-
pany at its Staten Island yard was in excess of $1,000,000, of which
more than 90 percent was received from points outside the State of
New York. During the same period the aggregate amount billed by
the Company for repair, alteration, and conversion of ships, was in
excess of $1,000,000, of which more than 90 percent represented work
on ships destined for use in interstate and foreign commerce or.for the
United States 'Government.
We find that the Company is engaged in commerce within the mean-
ing of the National Labor Relations Act.. -
II. TIIE ORGANIZATION INVOLVED
Industrial Union of Marine & Shipbuilding Workers of America,
Local 12, is a labor organization affiliated with the Congress of Indus-
trial Organizations, admitting to membership employees of the
Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company refuses to recognize the Union as the exclusive col-
lective bargaining representative of the employees involved herein
until such time as it is certified by the Board.
A statement of a Field Examiner of the Board, introduced into
evidence at the hearing,, indicates that the Union represents a sub-
stantial number of employees in the unit hereinafter found to be
appropriate.'
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 consisting of all janitors employed at the
Staten Island yard, including the snapper in charge of the janitors.
The Company contends that the unit is inappropriate because of its
allegedly small size; if overruled in this contention, the Company asks
that the snapper and the one salaried janitor be excluded.
The Union is presently the exclusive bargaining representative of
the other production and maintenance employees of the Company.
'The Field Examiner reported that the Union presented 15 application -authorization
cards , of which 14 bore the names of persons who appeared on the pay roll submitted by
the Company . There are approximately 36 employees in the alleged appropriate unit.
BETHLEHEM STEEL COMPANY 571
Thus, the janitors comprise an unrepresented residual grouping, and,
as such, constitute an appropriate unit.? Moreover, assuming that the
unit is small in size, we are of the opinion that this factor does not
warrant a dismissal of the petition, as requested by the Company.
Of the approximately 36 janitors employed by the Company, all but
one are hourly paid. This single employee is paid on a salary basis
and enjoys privileges and benefits of salaried employees. But his
supervision, duties, and functions are the same as the other janitors.
He will therefore be included within the unit.
All the janitors are under the direct supervision of a snapper in
charge of janitorial work, who, in turn, reports to the plant engineer.
The plant engineer has general supervision over all maintenance
workers. The snapper devotes his full time to supervisory functions,
and has an office where the janitors report. Testimony indicates that
he has authority to recommend effectively hiring and discharging,
and that he may alter the employment status of his subordinates.
We shall exclude the snapper as a supervisory employee.
We find that all janitors (laborers)3 employed in the Staten Island
yard of the Company, excluding production employees, other main-
tenance employees, the snapper in charge of the janitors, and all
other supervisory employees with authority to hire, promote, dis-
charge, discipline, or otherwise effect changes in the status of em-
ployees, or effectively recommend such action, constitute a unit ap-
propriate for the purposes of collective 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 means of an election by secret ballot among
the employees 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 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
See Matter of Detroit Incinerator Co., 45 N. L. R B. 414.
The Company contends that there is no classification of janitors . However, a list of
employees submitted at the hearing by the Company classified these employees as "Janitor
(Laborer )," and "Janitors" are excluded from the unit now covered by a contract between
the Union and the Company.
572 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Bethlehem Steel
Company, Shipbuilding Division, at its Staten Island, New York,
yard, an election by secret ballot shall be conducted as early as possi-
ble, but not later than thirty (30) days from the date of this Direc-
tion, tinder the direction and supervision of the Regional Director
for the Second 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 the employees in the unit ,found
appropriate in Section IV, above, who were employed during the pay-
roll period immediately preceding the date of this Direction, includ-
ing 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 them-
selves 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 the election, to determine whether or not they
desire to be represented by Industrial Union of Marine & Shipbuild-
ing Workers of America, Local 12, C. I. 0., for the purposes of
collective bargaining.
MR. GERARD D. REILLY took no part in the consideration of the
above Decision and Direction of Election.