Continental Steel Corp.

National Labor Relations Board - Board Decisions

Mar 28, 1945

61 N.L.R.B. 97 (N.L.R.B. 1945)

In the Matter Of CONTINENTAL STEEL CORPORATION and UNITED STEEL-
WORKERS OF AMERICA, CIO
Case No. 11-K-736 (Formerly 13-R-27.96) .-Decided March 28, 194b
Messrs. Ralph K. Clifford, Russell A. Chaffin, and, Julian Scheuler,
of Kokomo, Ind., and Mr. Loren E. Souers, of Canton, Ohio, for the
Company.
Mr. Marley E. Purvis, of Kokomo, Ind., for the Union.
Mr. Nathan Saks, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
Upon an amended petition duly filed by United Steelworkers of
America, CIO, herein called the Union, alleging that a question affect-
ing commerce had arisen concerning the representation of employees
of Continental Steel Corporation, Kokomo, Indiana, herein called the
Company, the National Labor Relations Board provided for an ap-
propriate hearing upon due notice before William O. Murdock, Trial
Examiner. Said hearing was held at Kokomo, Indiana, on January
17, 1945. The Company and the Union 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. The Trial Examiner's rulings made at the hearing are
free from prejudicial error and are hereby affirmed. All parties were
afforded an opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Continental Steel Corporation is an Indiana corporation with its
main plant in Kokomo, Indiana, where it is engaged in the manufac-
ture of steel and wire products. The Company's annual purchases of
raw materials exceed $1,000,000 in value, of which more than 30 per-
61 N. L R. B., No. 9.
97
98 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
cent comes from points outside the State of Indiana. Annually, the
finished products of the Company exceed $1,000,000 in value, of which
more than 50 percent is shipped to points outside the State of Indiana.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
IT. THE ORGANIZATION INVOLVED
United Steelworkers of America, affiliated with the Congress of
Industrial Organizations, is a labor organization admitting to mem-
bership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the Union as the
exclusive bargaining representative of certain of its employees until
the Union has been certified by the Board in an appropriate unit.
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that the Union represents a substantial number of em-
ployees in the unit alleged 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 UNITS
0
The Union, which currently represents the production and mainte-
nance employees at the Company's Kokomo, Indiana, plant, now seeks
a residual unit of the plant clerical and technical employees, including
nurses. The Company contends that the unit sought by the Union is
inappropriate, and in the alternative, that if an election is directed
among the employees in the unit sought, the exclusions therefrom
should be much broader than those conceded by the Union.2
We do not entirely agree with the Company's first contention. In
addition to the plant, the Company also maintains at Kokomo its
general or main office which serves all the plants of the Company.
However, the parties agree, and we find that the employees at the
general office do not have a sufficient community of interest with the
plant clerical and technical employees to be included in a unit with
them. On the other hand, the record indicates that the plant clerical
and technical employees do enjoy similar working conditions, and do
constitute a homogeneous group for the purposes of collective bargain-
' .The Field Examiner reported that the Union submitted 117 authorization cards; that
the names of 59 persons appearing on the cards were on the list of employees in the
alleged appropriate unit ; and that the number of employees in said unit was 120.
2 Appendix A, annexed hereto, contains those classifications upon whose exclusion the
parties agree.
CONTINENTAL STEEL CORPORATION 99
ing. Accordingly, we are of the opinion that the employees in the
unit requested, with the exception of the nurses, have a sufficient com-
munity of interest to be properly included within a single unit .3
However, we have recognized that nurses constitute a well-defined
professional group whose training, skill, and duties differ from those
of other employees and, accordingly, we have found that a separate
unit for nurses is appropriate.4 The Company contends that the
nurses should not be included in any unit on the ground that they are
confidential employees. We do not agree with this contention. The
Company employs three nurses -who work in the plant hospital and
perform duties of a general industrial nursing character under the
direct supervision of the head nurse. There is nothing in the record
to indicate that they have access to personnel or industrial relations
files. The work they do, and the records they make and have access
to, relate solely to the health of employees. There is a head nurse who
supervises the other three nurses and has power effectively to recom-
mend both hiring and discharging. Although we shall exclude the
nurses from the clerical-technical unit hereinafter found appropriate,,
we shall establish a separate unit for the nurses, excluding the head
nurse.
Moreover, we do not entirely agree with the alternative contention
of the Company. An examination of the record convinces us that
many of the classifications of employees alleged by the Company to
occupy supervisory, confidential, or mixed supervisory and confiden-
tial capacities, do not perform functions warranting their exclusion
from a collective bargaining unit. The classifications in dispute are
'discussed below.
Employees whose exclusion is requested by the Company by reason
of their alleged confidential relation to management and their
alleged supervisory status
Laboratory Observers and Inspectors: These employees work out
of the Metallurgical Department under the primary supervision of
the Chief Metallurgist but perform their functions in various depart-
ments of the plant. They are engaged generally in "quality control"
work, which consists of inspecting, testing, grading, and making
reports thereon to the Chief Metallurgist. They are hourly paid, are
,usually trained rapidly, and their work is routine in nature. We find
that these employees have neither a supervisory status nor a confiden-
tial relation to management'with respect to labor relations. We shall
i iclude laboratory observers and inspectors.
3 Cf. Matter of Consolidated Vultee Aircraft Corporation' ( San Diego Division), 54
N. L. R. B. 103
See Matter of Bethlehem-Alameda Shipyard, Inc., 59 N. L. R. B. 1525
100 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Analysts: These employees also work out of the Metallurgical
Department under the supervision of the Chief Metallurgist, but per-
form their functions in the laboratory. They analyze steel made in
the open hearth department, make tests while sheets are in the furnace,
and do other miscellaneous analytical work. They, too, are hourly
paid, trained rapidly, and do routine work. We find that these em-
ployees have neither a supervisory status nor a confidential relation
to management with respect to labor 'relations. We shall include
analysts.
Weighers and Timekeeper-Weighers: These employees are under
the direct supervision of the Chief Clerk of the plant but are stationed
in various departments of the plant. Their duties consist of "weigh-
ing production" or both weighing and timekeeping. In some depart-
ments they make production computations of acceptable products,
upon which the wages of the' production employees in those depart-
ments are based. However, inasmuch as these computations involve
little or no discretion on the part of these employees, we find that they
do not have a confidential relationship to management with respect
to labor relations; nor do they have supervisory status within our
customary definition. Accordingly, we shall include weighers and
timekeeper-weighers.
Open-Hearth Timekeeper-,Clerk: This employee, who is under the
supervision of the Chief Clerk, is responsible for the open-hearth
department tonnage computations, and the translation of tonnages
into computation of wages for the production employees of that
department. However, it does not appear•that this employee exercises
sufficient discretion in the performance of his duties to be classified as
confidential; nor can he be considered as supervisory within the mean-
ing of our customary definition. We shall include the open-hearth
timekeeper-clerk.
Nail Mill Timekeeper-Clerk: This employee, who is also under the
supervision of the Chief Clerk, performs a similar function to that of
the last named employee with respect to the nail mill. However, in
connection with his regular duties he has access to, and works on, the
Nail Mill Superintendent's confidential personnel records. We shall
exclude the nail mill timekeeper-clerk.5
General Timekeeper-Clerk: In addition to keeping time for the
yard department, this employee acts as assistant to the chief clerk of
the plant, and in connection therewith has access to and uses the chief
clerk's confidential personnel records. We shall exclude the general
timekeeper-clerk.e
He also exercises considerable supervision over the nail mill weighers and inspectors
He also supervises the chief clerk's subordinates in his absence.
CONTINENTAL STEEL CORPORATION 101
Assistant to Chief Storekeeper: This employee has access to per-
sonnel and other confidential files of the chief storekeeper. We shall
exclude the assistant to the chief storekeeper.7
General Shipping Clerk: This employee acts as assistant to the
chief shipper and is acting head of the shipping department in the
chief shipper's absence. There is no evidence that he has any super-
visory authority in his regular duties as assistant. Moreover, not only
does the record indicate that he does not act as head of the department
with any regularity or frequency, but also that when he does so act,
he has no authority to take effective disciplinary action with respect
to any of the subordinate shipping department employees. It appears
further that he does not have access to -or work on confidential files
or records in respect to labor relations in the regular course of his
duties either as assistant to the chief shipper or as acting head of
the department. Accordingly, we find that this employee is neither
supervisory nor confidential within the meaning of our customary
definition, and we shall include him.
Employees whose exclusion is requested by the Company solely by
reason of their alleged confidential relationship to management
Industrial Relations Department Employees: The alleged confi-
dential employees in this department are the safety inspector, the
safety clerk, and three stenographers. It appears that these em-
ployees all have access to the personnel and industrial relations files
in the regular course of their duties. We shall exclude them.
Sheet Division Stenographer-Clerk, General Shipping Department
Stenographer-Clerk, and Engineering Department Stenographer-
Clerk: These three employees are personal secretaries to their respec-
tive department heads, and as such, have access in the regular course
of their duties to the personnel and labor relations files and records
of their respective department heads. Accordingly, we shall exclude
these employees.
Sheet Galvanizing Clerk: This employee investigates costs, pro-
duction, and rates for the sheet galvanizing department. In the
course of his work he has access to the department superintendent's
labor relations files. We shall exclude the sheet galvanizing clerk.
Engineering Draftsmen: These two employees, who work in the
engineering department, are engaged for the most part in doing ordi-
nary drafting work under the supervision of the chief engineer.
Occasionally they do incidental engineering work in connection with
surveying and construction in the plant. However, the record indi-
cates that they are not graduate engineers, and that any engineering
4 He also directs the work of some of the storeroom clerks, and in the absence of the
chief storekeeper he acts in his place.
102 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
work that they do is subject to supervision. Moreover, there is°no
evidence that they enjoy a confidential relationship to management
with respect to labor relations. ' In view of these facts, we find that
they are not confidential employees, and we shall include the engineer-
ing draftsmen.
Telephone Operator: This employee is in charge of the telephone
switchboard of the plant. Although the switchboard is a P. B. X.
instrument of an old type enabling her to hear all incoming and out-
going calls, and although some calls might be of a highly confidential
nature, she is not required to listen to confidential conversations in
the regular course of her duties. Accordingly, we are of the opinion
that this employee is not confidential, and we shall include her.
General Plant Clerk and Relief Telephone Operator: In addition to
acting as relief telephone operator, this employee assists the general
superintendent's secretary and the chief clerk, and keeps the general
and accounting department pay-roll time. The record discloses that,
in the normal course of her duties, she has access to all files of the
superintendent and chief clerk, including the labor relations files. We
shall exclude her.
Man-Hour Clerk: This employee does clerical work in the industrial
engineering department relating to plant costs, plant earnings, and
job rates. It appears that, in the ordinary course of his duties, he has
access to all the files of this department, including those relating 'to
labor relations. Accordingly, we shall exclude him.
We find that all plant clerical and technical employees at the Com-
pany's Kokomo, Indiana, plant, including employees listed in Appen-
dix B, annexed hereto, but excluding nurses, plant-protection employ-
ees, general office employees, production and maintenance employees
currently represented by the Union, the employees listed in Appendices
A and C, annexed hereto, 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, consti-
tute a unit appropriate for the purposes of collective bargaining within
the meaning of Section 9 (b) of the Act.
We find further that all nurses at the Company's Kokomo, Indiana,
plant, excluding the head nurse, 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, constitute 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 separate elections by secret ballot among the
CONTINENTAL STEEL CORPORATION 103
employees in the appropriate units who were employed during the
pay-roll period immediately preceding the date of the Direction of
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 Relations 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 Continental Steel
Corporation, Kokomo, Indiana, separate elections by secret ballot
shall be conducted as early as possible, but not later than sixty (60)
days from the date of this Direction, under the direction. and super-
vision of the Regional Director for the Eleventh 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 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 riot work dur-
ing said pay-roll period because they were ill or on vacation or tempo-
rarily laid off, and including employees in the armed forces of the
United States who present themselves in person at the polls, but ex-
cluding those employees 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
United Steelworkers of America, affiliated with the Congress of Indus-
trial Organizations, for the purposes of collective bargaining.
APPENDIX A
Chief Chemist
Sheet Mill Head Weigher
Industrial Engineering Clerk
Time-Study Engineer
Employment Department Night Man
Chief Draftsman
Secretary to General Superintendent
APPENDIX B
Laboratory Observers
Inspectors
Analysts
Weighers
104 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Timekeeper-Weighers
Open-Hearth Timekeeper-Clerk
General Shipping Clerk
Engineering Draftsmen
Telephone Operator
APPENDIX C
Nail Mill Timekeeper-Clerk
General Timekeeper-Clerk
Assistant to Chief Storekeeper
Head Nurse
Industrial Relations Department:
Safety Inspector
Safety Clerk
Stenographers (3)
Sheet Division Stenographer-Clerk
Shipping Department Stenographer-Clerk
General Plant Clerk and Relief Telephone Operator (1)
Man-Hour Clerk
Sheet Galvanizing Clerk