LaSalle Steel Co.

National Labor Relations Board - Board Decisions

Mar 30, 1945

61 N.L.R.B. 151 (N.L.R.B. 1945)

In the Matter of LASALLE `STEEL COMPANY and UNITED STEELWORKERS
OF AMERICA, LOCAL 1100, CIO
Case No. 13-R--0869.-Decided March 30,1945
Sey f arth, Shaw c Fairweather, by H. E. Sey f arth, of Chicago, Ill.,
for the Company.
Mr. Norman L. Harris, of East Chicago, Ind., for the CIO.
Mr. John F. Cusack, of Chicago, Ill., for the Independent.
Mr. Harold M. Humphreys, of counsel to the'Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by United Steelworkers of America, Local
1100, CIO, herein called the CIO, alleging that a question affecting
commerce had arisen concerning the representation of employees of
LaSalle Steel Company, Hammond, Indiana, herein called the Com-
pany, the National Labor Relations Board provided for an appropriate
hearing upon due notice before Leon A. Rosell, Trial Examiner. Said
hearing was held at Chicago, Illinois, on February 27, 1945. The
Company, the CIO, and LaSalle Steel Employees Association, Inc.,
herein called the Independent, 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 preju-
dicial 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
LaSalle Steel Company, an Indiana corporation, is engaged in Ham-
mond, Indiana, in the manufacture of cold drawn steel and shafting.
During the year 1944, the Company purchased raw materials amount-
61 N. L. R. B., No. 18.
151
152 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ing in value to more than $250,000, of which in excess of 30 percent
was shipped to the Company from points outside the State of Indiana.
For the same period, the Company's sales amounted in value to more
than $250,000, of which in excess of 85 percent was shipped to points
outside the State of Indiana.
The Company does not deny and we find that it is engaged in com-
merce within the meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS, INVOLVED
United Steelworkers of America, Local 1100, affiliated with the
Congress of Industrial Organizations, and LaSalle Steel Employees
Association, Inc., unaffiliated, are labor organizations admitting to
membership employees of the Company.
M. THE QUESTION CONCERNING REPRESENTATION
On January 24, 1945, the CIO requested recognition from the Com-
pany as the bargaining representative of its production and mainte-
nance employees. The Company, on February 3, 1945, informed the
CIO that it would not accord such recognition.
A statement of a Board agent, introduced into evidence at the
hearing, indicates that the CIO represents a substantial number of
employees in the unit hereinafter found 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 parties are agreed that the appropriate unit should consist of
all production and maintenance employees, including leaders 2 and
laboratory employees, but excluding timekeepers, production clerks,
expediters, dispatchers, first-aid department employees, office and
clerical employees, the chief chemist, head metallurgist, foremen and
all other supervisory employees. However, they are in disagreement
as to the categories of employees mentioned below.
Guards : The Independent would include, whereas, the CIO would
exclude the guards and chief guard; the Company takes a neutral
position with respect to the guards, but desires the exclusion of the
i The Field Examiner reported that the CIO submitted 87 membership application cards ;
that 30 cards were dated between September 1944 and February 1945, and 57 were undated,
and that there are 237 employees in the alleged appropriate unit. The Trial Examiner
reported that 8 additional cards were submitted by the CIO at the hearing , of which 1 was
dated in January 1945, 6 in February 1945, and 1 was undated . At the hearing, the
Independent submitted 175 cards , all undated , and 104 bearing the names of persons appear-
ing on the Company's February 22, 1945, pay roll.
2 These employees do not possess any supervisory authority.
LASALLE STEEL COMPANY 153
chief guard. The Company employs six guards, and one chief guard.
They are not armed, uniformed, militarized, or deputized. Their
duties consist of checking the identification of employees and visitors
at the Company's gate, patroling the plant and grounds, punching
clocks at various designated places and times, and delivering messages
and mail. They report any irregularities to the chief guard or the
superintendent. The minimum rate of pay, working hours, and other
conditions of employment are the same for guards as for production
employees. The chief guard receives instructions from the superin-
tendent and, in accordance therewith, makes assignments to guards.
He is engaged in duties similar to those performed by the guards,
although he works longer hours and is paid 41/2 cents more an hour.
The evidence shows that the superintendent is, in fact, the supervisor
of the guard force, and that the chief of guards does not possess
supervisory authority within the meaning of our customary definition.
We shall include the guards and chief of guards.
Pickler foremen: The Independent would include, whereas the Com-
pany and the CIO would exclude the two pickier foremen. These em-
ployees, like all the other employees with the job title of foremen, are
paid on an hourly basis, and have effectively recommended demotions,
discipline, and the promotion of employees. We shall exclude them.
Furnace operator foremen: The Independent would include, while
the Company and the CIO would exclude, the three furnace operator
foremen. Testimony. of a witness for the Company indicates that they
have effectively recommended the discharge, discipline, and promotion
of employees. Accordingly, we shall exclude them.
We find that all production and maintenance employees, including
guards and the chief of guards, -leaders and laboratory employees,
but excluding timekeepers, production clerks, expediters, dispatchers,
first-aid department employees, office and clerical employees, the chief
chemist, head metallurgist, pickier foremen, furnace operator foremen,
all other foremen, 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, consti-
tute 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 the Direction of Elec-
. 1 154 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
tion herein, subject to the limitations and additions set forth' in the
Direction 3
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
DmECrED that, as part of the investigation to ascertain represent-
atives for the purposes of collective bargaining with LaSalle Steel
Company, Hammond, Indiana, an election 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 supervision of the
Regional Director for the Thirteenth 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 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
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
election, to determine whether they desire to be represented by the
United Steelworkers of America, Local 1100, CIO, or by LaSalle Steel
Employees Association, Inc., for the purposes of collective bargaining,
or by neither.
8 Although the Company urges that provision be made for the balloting of all employees
now in military service, for reasons stated in Matter of Safety Appliances Co., 55 N L.
It. B. 1190, only those employees in the armed forces of the United States who present
themselves in person at the polls shall be permitted to vote.