Chicago Bridge & Iron Co.

National Labor Relations Board - Board Decisions

Dec 17, 1943

53 N.L.R.B. 1374 (N.L.R.B. 1943)

In the Matter Of CHICAGO BRIDGE & IRON COMPANY and INTERNATIONAL
BROTHERHOOD OF BOILERMAKERS , IRON SHIPBUILDERS AND HELPERS OF
AMERICA, AFL
Case No. 10-B-1026.-Decided December 17,1041.3
Mr. H. A. McWhorter, of Birmingham , Ala., and Mr. Walker B.
Davis, of Chicago, Ill., for the Company.
Mr. William E. Allison and Mr. M. Wright, of Birmingham, Ala.,
for the Brotherhood.
Mr. L. C. Brice and Mr: W. E. Drummond, of Birmingham , Ala., for
the Independent.
Mr. Joseph E. Gubbins , of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
0
Upon petition duly filed by International Brotherhood of Boiler-
makers, Iron Shipbuilders and Helpers of America, affiliated with the
A. F. of L., herein called the Brotherhood, alleging that a question
affecting commerce had arisen concerning the representation of em-
ployees of Chicago Bridge & Iron Company, Birmingham, Alabama,
herein called the Company, the National Labor Relations Board pro-
vided for an appropriate hearing upon due notice before Charles W.
Schneider, Trial Examiner. Said hearing was held at Birmingham,
Alabama, on November 8, 1943. The Company, the Brotherhood, and
the Employees' Union of Chicago Bridge & Iron Company, herein
called the Independent, 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 Ex-
aminer'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.
53 N. L. R. B., No. 251.
1374
CHICAGO BRIDGE & IRON COMPANY 1375
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Chicago Bridge & Iron Company is an Illinois corporation engaged
in the design, fabrication, and erection of steel plate work. It operates
-plants at Birmingham, Alabama; Greenville, Pennsylvania; and Chi-
cago, Illinois. The plant at Birmingham, Alabama, is the only one
involved herein. The Company purchases annually raw materials
valued in excess of $1,000,000 for use at the Birmingham plant, 30
percent of which is secured from sources outside the State of Alabama.
Approximately 90 percent of the finished products of the Birmingham
plant is shipped to points outside the State of Alabama. The Com-
pany admits that it is engaged in commerce within the meaning of
the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
International Brotherhood of Boilermakers, Iron Shipbuilders &
Helpers of America, affiliated with the American Federation of Labor,
and The Employees' Union of Chicago Bridge & Iron Company, un-
affiliated, are labor organizations admitting to membership employees
of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On September 9, 1943, the Brotherhood requested recognition as the
exclusive bargaining representative of the Company's production and
maintenance employees; on September 15, 1943, the Company declined
to accord such recognition.'
In July 1937, after a card check conducted under the supervision of
certified public accountants, the Company recognized the Independent
as the collective bargaining representative of all the shop employees
at the Company's Birmingham plant. From the date of recognition to
the present time, the Company and the Independent have met at inter-
vals for the purpose of negotiating grievances and other matters per-
taining to labor relations. No collective bargaining agreement, how-
ever, has ever been executed by the parties and they do not contend that
there is in existence any contract which is a bar to an election at this
time.
A statement prepared by a Field Examiner of the Board introduced
in evidence at the hearing, indicates that the unions represent a sub-
1376 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 Brotherhood seeks a unit comprised of all production and main-
tenance employees, including storeroom attendants and helpers, but
excluding supervisory employees, foremen, assistant foremen, lead-
men, guards and watchmen, office and clerical employees, timekeepers,
checkers, inspectors, office janitor, first aid department employees, de-
tail checkers, expediters, shop clerks, vessel dimension checker, com-
missary clerks, lunchroom manager, mail carrier, and maintenance and
technical engineers. The Independent urges a unit comprised of all
shop employees exclusive of supervisory employees; the Company's
position in general supports that of the Independent.
The Brotherhood contends that the following employees should be
excluded from 'the unit on the grounds that they are either clerical,
technical, supervisory, or managerial employees, whereas the Com-
pany 2 and the Independent contend generally that such employees are
non-supervisory and have duties sufficiently related to those of the pro-
duction and maintenence employees as to warrant their inclusion in
the unit.
Clerical: There are approximately 29 clerical employees in various
offices attached to the shop. Their duties consist of making out route
cards, assembling pressure vessel data reports, making up pay-roll
sheets, issuing checks, and keeping personnel records. Since the
duties of these employees are clerical in nature and dissimilar to those
of production and maintenance employees, we shall, in accordance
with our customary policy, exclude them from the unit.
Bonus Clerk: This employee conducts time-studies of machine
operations and from such studies establishes incentive rates for pro-
duction employees. He is under the direct supervision of the plant
manager and has directive authority with respect to one clerk. Inas-
much as the bonus clerk possesses authority to affect the status of the
clerk under his direction, and assists in the establishment of incentive
I The Field Examiner reported that the Brotherhood submitted 289 designations bearing
apparently genuine signatures , 244 of which bear the names of persons whose names are
on the Company 's pay roll of September 26, 1943. The designations were dated as follows :
84 in June , 20 in July, 95 in August, and 44 in September , 1943 ; 1 was undated.
He further reported that the Independent submitted 470 designations bearing apparently
genuine signatures , 309 of which bear names of persons whose names are on the Company's
pay roll of September 26, 1943. The designations were dated as follows : 91 in 1937,
3 in 1939 , 34 in 1940, 1 in 1941, 3 in 1942 , 168 In 1943 , and 9 undated . There are approxi-
mately 806 employees in the alleged appropriate unit.
2 The Company, however, takes no position with respect to commissary clerks, first
alders, guards , lunchroom manager, mail carrier , and maintenance and technical engineerg.
CHICAGO BRIDGE & IRON COMPANY 1377
rates for production employees, we find that he is not only a super-
visory employee, but enjoys a confidential status closely related to
management. We shall exclude the bonus clerk from the unit.3
Lunchroom Manager, and Commissary Clerks: The Company's
commissary is under the supervision of the lunchroom manager. He
orders supplies, handles cash, and has authority to hire and discharge
four commissary clerks whose duties consist of preparing and serving
food to the employees. Inasmuch as the lunchroom manager is a
supervisory employee and since his interests and functions as well as
those of the commissary clerks, are dissimilar to the interests and
functions of production and maintenance employees, we shall exclude
both the lunchroom manager and commissary clerks from the unit.
Storeroom Clerks: These two employees work in material store-
rooms located in the shop. Their duties consist of supplying mate-
rials to production employees and keeping a perpetual inventory of
such materials. They are assisted in their duties by attendants and
helpers but do not possess any supervisory authority with respect to
such employees. Since it appears that storeroom clerks have interests
more in common with the production employees than those of clerical
employees, we shall include them in the unit.
Inspectors and Fabrication Checkers: The Inspectors, of whom
there are five, are under the supervision of the chief inspector. They
inspect the finished products for defective workmanship, flaws, or
other defects. There are two fabrication checkers, also referred to
as leaders, who are employed in the weld shop where they check or
inspect work in the process of fabrication to see that such work con-
forms to the blueprints; they are under the supervision of the weld
shop foreman. Neither the inspectors nor fabrication checkers have
authority to effect changes in the status of any of the shop employees,
but merely report defects to their respective superiors, the chief in-
spector, and the weld shop foreman. Since the functions of these
employees are closely related to the production process and since they
have no supervisory authority, we shall include them in the unit.'
Layer-out Chet-ker: This employee works in the structural shop
where he acts as a "layer-out" and checks the work of four other layer-
outs; the duty of a layer-out consists of laying out the work on material
before such material is processed. The record shows that he has no
supervisory authority over the employees under his direction. Since
the combining of the layer-out and checking duties suggest a close
relationship between the two functions, and since all the parties are
agreed that layer-outs should be included in the unit, we shall, ac-
cordingly, include the layer-out checker in the unit.
See Mattter of Oliver Farm Equipment Company, 53 N. L. R. B. 1078.
See Matter of Gardiner-Denver Company , 52 N. L. It. B. 1277.
1378 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Pressure Vessel Dimension Checker: This employee checks the di-
mensions of metal vessels which have been fabricated to see that they
conform to specifications. He also takes heat numbers of iron plate
and reports them to a clerk, who uses the numbers in compiling a
record of such information. He is under the supervision of the erec-
tion shop foreman and has no supervisory authority. Since the rec-
ord shows that the greater portion of his duties are similar to those
of inspectors and fabrication checkers, discussed above, we shall in-
clude him in the unit.
Time Checkers: These seven employees work in designated areas
in the shop. Their duties consist of timing production operations,
counting pieces, measuring footage of welding, and gathering data
used in the establishment of wage rates; they are under the super-
vision of the shop superintendent. Since it appears that the duties of
time checkers are largely clerical in nature, and that they have interests
differing from those of ordinary production and maintenance em-
ployees, we shall exclude them from the unit.5
Leaders: There are approximately 10 leadmen or leaders employed
by the Company. Three of the leaders supervise the work of fitting
gangs and spend approximately 75 percent of their time working as
fitters; each gang consists of a fitter, welder and helper. Although
they possess directive authority with respect to welders and helpers,
they have no authority to effect changes in the status of those employees.
One of the leaders in question was temporarily in charge of a group
of welders during the absence of their regular foreman; however, he
does not normally possess any supervisory authority. The toolroom
leader is under the supervision of the master mechanic and has charge
of the toolroom. He has directive authority over 2 employees who
assist him but he has no authority to effect changes in their status.
However, the record shows that the leader of the chippers and grinders
has supervision over 15 to 18 employees and has the authority to effect
changes in the status of those employees. The chief clerk in the shop
office and the clerk in charge of the time office, similarly, have super-
visory authority over approximately 7 clerks. The last 2 of the 10
leaders, also referred to as fabrication checkers, were discussed above.
Since the clerical leaders and the leader in charge of the chippers and
grinders have authority to effect changes in the status of the employees
under their supervision, we shall exclude them from the unit. We
find, however, that the other leaders discussed herein do not possess
sufficient authority to warrant their exclusion; we shall include them
in the unit.
Expediter: This employee is in charge of shipping, supervises the
issuance of route cards, and makes available the materials needed for
5 See Matter of Bohn Aluminum Company, 47 N. L. R. B. 1229; Bendix Aviation Vor-
poratton ( Philadelphia Division ), 53 N. L. R. B, No. 162
CHICAGO BRIDGE & IRON COMPANY 1379
operations. He is located in the shop office and is assisted by a clerk
and another employee known as a chaser who keeps records; he is
under the supervision of the shop superintendent. The record shows
that he has authority to make recommendations affecting the status
of the two employees under his supervision. We find that the expe-
diter is a supervisory employee, and we shall exclude him from the
unit .6
Detail Chasers: There are 13 detail chasers scattered throughout
various departments. The duties of these employees involve keeping
fabricated parts- moving along their production route; on occasion
they run machines in order to expedite certain materials. They are
under the supervision of the foremen or subforemen in their respective
departments. Since the duties of the detail chasers appear to be
neither clerical nor supervisory and are closely related to the produc-
tion process, we shall include them in the unit.
Powerhouse Operators: These three employees are in charge of the
powerhouse during their respective shifts and are under the supervision
of the master mechanic. Their duties consist of operating and re-
pairing the equipment located in the powerhouse. Since their inter-
ests and working conditions are similar to those of production and
maintenance employees, we shall include them in the unit.
Maintenance and Technical Engineers: The engineers, of whom
there are three, are under the supervision of the master mechanic.
They are professional employees having duties of a technical nature
and possessing interests and functions different from those of the
ordinary production and maintenance employees. We shall exclude
them from the unit.?
Guards: The Company employs seven guards who are armed, uni-
formed and members of the auxiliary military police., In accordance
with our customary policy, we shall exclude the militarized guards
from the unit."
Chauffeur: This employee operates an automobile assigned to trans-
port employees to any place they are required to go. He is listed on
the shop pay roll, but is under the supervision of the personnel direc-
tor. It appears that his interests and duties are dissimilar to those
of the ordinary production and maintenance employees; we shall ex-
clude him from the unit.
Main Office Janitor: The Company employs five janitors; four work
in the shop office, and one works in the main office. The Company
and the Independent would include all the janitors in the unit, whereas
the Brotherhood would exclude the main office janitor. Since it ap-
pears that all the janitors have similar interests and working condi-
6 Matter o f St. Johns River Shipbuilding Company, 52 N. L. R. B. 12.
Matter of Boston Edison Company, 51 N. L. R. B. 118.
s Matter of Drava Corporation, 52 N. L . R. B. 322.
1380 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
tions which are closely aligned to those of the production and mainte-
nance employees, we shall include all janitors in the unit.
Mail Carrier: This employee delivers mail, drawings, and inter-
department communications between the main office and the shop of-
fice, and on occasion sweeps out the personnel office; he is under the
supervision of the personnel director. Since the greater proportion
of his duties are closely related to those of the office clerical employees,
we shall exclude him from the unit.
First Riders: These two employees render first aid to employees,
sell safety shoes and goggles, and maintain accident records; they
are under the supervision of the director of safety. It appears that
their duties and interests differ from those of the maintenance and
production employees; we shall exclude first aiders from the unit.
Brice: This person is normally employed as a plate layer-out, al-
though on occasion he has acted as foreman in his department during
the absence of the regular foreman. When acting as foreman, Brice
continued to do his own work and was paid his regular rate. It
appears that the sporadic instances in which this employee has acted
as foreman have not affected his status as a regular production em-
ployee. Since we have included layer-outs in the appropriate unit,
we shall likewise include Brice.
We find that all production and maintenance employees of the
Company's Birmingham, Alabama, plant, including storeroom clerks,
•inspectors, the pressure vessel dimension checker, layer-out checkers,
fitting gang leaders, fabrication checkers, toolroom leader, temporary
leader in welding department, detail chasers, powerhouse operators,
janitors, and Brice, but excluding foremen, subforemen, master me-
chanic, chief inspector, personnel director, safety director, nurse, clerks
other than storeroom clerks, bonus clerk, timecheckers, chippers and
grinders leader, two clerical leaders, expediter, technical and mainte-
nance engineers, guards, chauffeurs, mail carrier, first aiders, lunch-
room manager, and all other supervisory employees with authority
to hire, promote, discharge, discipline, or otherwise effect changes in
the status of employees, or effectively recommend such action, con-
stitute a unit appropriate 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 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 our Direction of Elec-
tion, subject to the limitations and additions set forth therein.
CHICAGO BRIDGE & IRON COMPANY 1381
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 Rela-
tions 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 Chicago Bridge
& Iron Company, Birmingham, Alabama, 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 super-
vision of the Regional Director for the 10th 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, including employees who did
not work during said pay-roll period because they were ill or on vaca-
tion 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 the
election to determine whether they desire to be represented by Inter-
national Brotherhood of Boilermakers, Iron Shipbuilders and Helpers
of America, affiliated with the A. F. of L., or The Employees' Union of
Chicago Bridge & Iron Company, (unaffiliated) for the purposes of
collective bargaining, or by neither.
MR. GERARD D. REIrLY took no part in the consideration of the above
Decision and Direction of Election.