Republic Steel Corp.

National Labor Relations Board - Board Decisions

Aug 11, 1943

51 N.L.R.B. 1228 (N.L.R.B. 1943)

In the Matter of REPUBLIC STEEL CORPORATION and UNITED OFFICE
AND PROFESSIONAL WORKERS OF AMERICA, LOCAL 133, C. I. O.
Case No. B-5710.-Decided August 11, 1943
Mr. Borden Burr, of Birmingham , Ala., for the Company.
Mr. J. A. Lipscomb, of Bessemer , Ala., for the Union.
Mr. Joseph E. Gubbins , of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by United Office and Professional Workers
of America, Local 133, affiliated with the C. I. 0., herein called the
Union, alleging that a question affecting commerce had arisen con-
cerning the representation of employees of Republic Steel Corpora-
tion, Birmingham, Alabama, herein called the Company, the National
Labor Relations Board provided for an appropriate hearing upon due
notice before Mortimer H. Freeman, Trial Examiner. Said hearing
was held at Birmingham, Alabama, on July 20, 1943. The Company
and the Union appeared, participated, and were afforded full oppor-
tunity to be heard, to examine and cross-examine witnesses, and to
introduce evidence bearing upon the issues. 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
Republic Steel Corporation is a New Jersey corporation engaged
in the manufacture, sale, and distribution of iron and steel products.
The Company owns and operates extensive iron ore and coal mining
properties, manufacturing and finishing plants, throughout the
51 N L. R. B., No. 192.
1228
REPUBLIC STEEL CORPORATION' 1229
United States. This case involves only the mine division at Rai-
mund, Alabama. A substantial part of the supplies used in the
Raimund mine is shipped from other States to Alabama. During
the past year the Company mined approximately 600,000 tons of iron
ore at its Raimund mine, all of which ore was processed at Birming-
ham' and Gadsden, Alabama, furnaces, and when processed and
fabricated, more than 50 percent was shipped to points outside the
State of Alabama. The Company admits that it is engaged in
commerce within the meaning of the National Labor Relations Act.
II. THE ORGANIZATION INVOLVED
United Office and Professional Workers of America, Local 133,
affiliated with the Congress of Industrial Organizations, is a, labor
organization admitting to -membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On April 15, 1943, the Union requested recognition as exclusive
bargaining agent for certain employees of the Company, which
request was refused by the Company.
A statement prepared by a Field Examiner, introduced in evidence,
indicates that the Union represents a substantial number of em-
ployees 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 requests a unit comprised of all clerical employees in
the office and accounting department, commissary store employees,
office janitor, talleymen, weighmen, supply house clerks, nurse and
engineering department employees, excluding supervisors. The Com-
pany contends that the unit requested by the Union is inappropriate
on the ground that there is no interrelationship between the various
classifications of employees. It further contends, in the event the
Board finds the unit requested to be appropriate, that the electrical
foreman, a section foreman, assistant mining engineer, operating
'The Field Examiner 's statement shows that the Union submitted 20 authorization
cards, 18 of which bear apparently genuine signatures , and 18 of which bear names of
persons whose names are listed on the Company's pay roll of June 1, 1943 ; there are 29
employees in the appropriate unit. Ten of the cards were dated in March and April 1943,
and 10 were undated. Three authorization cards were submitted to the Trial Examiner ;
all of which bear apparently genuine signatures , and 2 bear names of persons listed on the
above-mentioned pay roll ; 1 card bears the name of a person listed on the Company's
pay roll of July 1943.
1230 DECISIONS OF NATIONAL LABOR REtLATIONIS BOAIRD
superintendent's clerk, employment superintendent's clerk, and pay
roll clerks, should be excluded ; the Union would include them in the
proposed appropriate unit.
Inasmuch as the evidence shows that the electrical foreman has
the authority to hire and discharge employees and that the section
foreman has the authority to recommend promotion and demotion
of employees under his supervision, as well as the authority to recom-
mend hiring and discharging, we find that they are supervisory em-
ployees and for that reason they shall be excluded from the unit.
The record shows that the assistant mining engineer has complete
charge of surveying the mine, analyzing ore seams, directing the
projection work and measuring widths, and has under his supervision
two rodmen. He is paid a monthly salary which he receives direct
from the district headquarters at Thomas, Alabama; only the execu-
tives and supervisors are paid in this manner. The chief engineer,
the immediate superior of the employee in question, stated that the'
assistant mining engineer has the authority to hire and discharge;
this statement was uncontradicted. The evidence shows that the
assistant mining engineer at an adjacent mine of the Company was
hired on the recommendation of the employee in dispute. Under the
circumstances, we find that, the assistant mining engineer is a super-
visory employee and we shall exclude him from the unit.
The Company contends that the two superintendents' clerks should
be excluded since their duties are of a confidential nature. The
record reveals that the clerks in question maintain many records
relating to maintenance and production costs, that they handle, the
employment records of all the employees of the Raimund mine; and
that they are intimately acquainted with the records and confidential
communications pertaining to insurance claims, labor relations re-
ports, general grievances, and'complaints that exist among such em-
ployees. We find that the duties of the two clerks are confidential
in nature, since they have access to confidential information relating
to labor relations, and we shall exclude them from the unit.
The Company contends that the duties of the pay-roll clerks are
also of a confidential nature and for that reason they should be ex-
cluded from the unit. The record shows that their duties consist of
posting each individual's output on the pay roll and carrying for-
ward their earnings. They are assisted in completing the pay roll
semi-monthly by the, clerical employees of the accounting depart-
ment. We find that the duties of the pay-roll clerks are not such
as to bring them within our definition of confidential clerks. We
shall include them in the appropriate unit.
We find that all office and accounting department employees at
the Company's Raifnund mine, including commissary store employees,
office janitor, talleymen, weighmen, supply house clerks, pay-roll
REPUBLIC STEEL CORPORATION 1231
clerks, nurse, and engineering department employees, but excluding
the employment superintendent's clerk, the operating superin-
tendent's clerk, electrical foreman, section foreman, assistant mining
engineer, and all supervisory employees with authority to hire, pro-
mote, 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 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 Election
herein, subject to the limitations and additions set forth in said
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 2, as amended it is
hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Republic Steel
Corporation, 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 supervision
of the Regional Director for the Tenth Region, acting in this matter
as agent for the National Labor Relations Board, and subject to
Article III, Section 10, 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
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, to
determine whether or not they desire to be represented by United
Office and Professional Workers of America, Local 133, affiliated
with the C. I. 0., for the purposes of collective bargaining.
CHAIRMAN MILLIS took no part in the consideration of the above
Decision and Direction of Election.