64 N.L.R.B. 1497 (N.L.R.B. 1945)

Pittsburgh Plate Glass Co.

National Labor Relations Board - Board DecisionsDec 21, 1945

64 N.L.R.B. 1497 (N.L.R.B. 1945)

In the Matter of PITTSBURGH PLATE GLASS COMPANY, COLUMBIA CHEMICAL DIVISION and UNITED MINE WORKERS OF AMERICA, DISTRICT 50 In the Matter Of PITTSBURGH PLATE GLASS COMPANY, COLUMBIA CHEMICAL DIVISION and PLANT GUARDS UNION No. 23802 (AFL) Cases Nos. 8-R-1939 and 8-R-1950, respeetively.-Decided December 21,19.45 Mr. Donald J. Sherbondy, of Pittsburgh, Pa., for the Company. Mr. Joseph J. Timke, of Columbus, Ohio, for the UMW. Mr. Jesse Gallagher, of Cleveland, Ohio, for the AFL. Mr. Philip Licari, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon separate petitions' duly filed by United Mine Workers of America, District 50, herein called the UMW, and Plant Guards Union No. 23802 (AFL), herein called the AFL, each alleging that a question affecting commerce had arisen concerning the representation of employees of Pittsburgh Plate Glass Company, Columbia Chemical Division, Barberton, Ohio, herein called the Company, the National Labor Relations Board consolidated the cases and provided for an appropriate hearing upon due notice' before Louis B. Belkin, Trial Examiner. The hearing was held at Cleveland, Ohio, on September 14, 1945. The Company, the UMW, and the AFL appeared and par- ticipated. All parties were afforded full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bear- ing 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 1. THE BUSINESS OF THE COMPANY Pittsburgh Plate Glass Company is a Pennsylvania corporation with its'principal office at Pittsburgh, Pennsylvania. Its Columbia 64 N. L. R. B., No. 243. 1497 1498 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Chemical Division is engaged in the manufacture, sale, and distribu- tion of chemicals, paints, varnish, and lacquer at plants located throughout the United States. Only the Columbia# Chemical Divi- sion's Barberton, Ohio, plant is involved in the instant proceeding. During the past year, the Columbia Chemical Division purchased for its Barberton, Ohio, plant, raw materials valued in excess of $500,000, of which approximately 25 percent was shipped from points outside the State of Ohio. During the same period, the Columbia Chemical Division produced goods at its Barberton, Ohio, plant, valued at ap- proximately $500,000, of which more than 50 percent was shipped to points outside the State of Ohio. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. IT. THE ORGANIZATIONS INVOLVED United Mine Workers of America, District 50, is a labor organiza- tion admitting to membership employees of the Company. Plant Guards Union No. 23802, affiliated with the American Fed- eration of Labor, is a labor organization admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The Company has refused to grant recognization to either the AFL or the UMW as the exclusive bargaining representative of the guards of the Barberton plant until certification by the Board in an appro- priate unit. A statement of a Field Examiner for the Board, introduced into evidence at the hearing, indicates that the UMW and the AFL each 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 agree that all guards at the Barberton, Ohio, plant, ex- cluding the assistant guard chief-assistant fire chief, and the chief, constitute an appropriate unit. There is a dispute, however, concerning the inclusion of the two sergeants and the police matron. ' The Field Examiner reported that the UMW submitted 12 authorization cards bearing the names of 10 employees listed on the Company ' s pay roll of August 3, 1945, and that the cards were all dated in June 1945 ; and that the AFL submitted 9 authorization cards, bearing the names of 9 employees listed on the Company 's pay roll of August 3, 1945, and that the cards were dated : 7 in December 1944, and 2 in January 1945. There are approximately 12 employees in the appropriate unit. PITTSBURGH PLATE GLASS COMPANY 1499 Sergeants: The Company employs two regular sergeants who on their respective shifts assign guards to posts, instruct them with re- spect to the duties to be performed at such posts, check their presence at these posts, and obtain report of any infractions of the Company's rules. Sergeants do not have authority to discharge or promote em- ployees, nor do they have the power effectively to recommend such action. Although there is testimony that they may recommend hiring, it appears that other guards may also do the same. It is true that they may send a guard home who is unable to perform his duties, but this, it would seem, is more in the nature of a precautionary than a disciplinary measure. Contrary to the position of the unions, the Company would exclude the guards on the ground that they are super- visory employees. We are of the opinion, however, that they do not possess sufficient supervisory authority to warrant their exclusion, and we shall include them in the unit hereinafter found appropriate. Police matron: The Company employs a police matron whose func- tion it is to patrol the area in which the women's lockers are located. She has no workers under her supervision. The Company desires her exclusion from the unit, whereas the Unions seek her inclusion. We perceive no reason why she should be excluded from the unit, and we shall include her. We find that all the Company's guards at its Barberton, Ohio, plant, including the sergeants and the police matron, but excluding the assist- ant guard chief-assistant fire chief, the chief, and all other supervisory employees with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees, or effectively rec- ommend such action, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act. V. TIlE 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 Relations Act, and pursuant to Article III, Section 9, of National Labor Rela- tions 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 Pittsburgh Plate 1500 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Glass Company, Columbia Chemical Division, Barberton, Ohio, 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 Eighth Region, acting in this matter as agent for the National Labor Rela- tions Board, and subject to Article III, Sections 10 and 11, of said Rules and Regulations, among the employees in the unit found appro- priate 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 temporarily laid off, and including em- ployees 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 they desire to be rep- resented by United Mine Workers of America, District 50, or by Plant Guards Union No. 23802 (AFL), for the purposes of collective bargaining, or by neither. Mn. JoaN M. HousTON took no part in the consideration of the above Decision and Direction of Election.