Republic Steel Corp.

National Labor Relations Board - Board Decisions

Dec 29, 1945

65 N.L.R.B. 31 (N.L.R.B. 1945)

In the Matter of REPUBLIC STEEL CORPORATION, UNION DRAWN SKEET
DIVISION, GARY PLANT and UNITED STEELWORKERS OF AMERICA,
LOCAL UNION 3603, C. I. O.
Case No. 13-R-3138.Decided December 29, 19415
Mr. George R. Rausclaenberg , of Cleveland , Ohio, for the Company.
Messrs. Freeman Bellar and William. Miller, both of Gary, Ind.,
for the Union.
Mr. Benj. E. Cook , of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by United Steelworkers of America,
Local Union 3603, C. I. 0., herein called the Union, alleging that a
question affecting commerce had arisen concerning the representation
of employees of Republic Steel Corporation, Union Drawn Steel
Division, Gary Plant, Gary, Indiana, herein called the Company, the
National Labor Relations Board provided for an appropriate hearing
upon due notice before Beiijaimn B. Salvaty, Jr., Trial Examiner.
The hearing was held at Chicago, Illinois, on August 23, 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
full! 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, having
its principal offices at Cleveland, Ohio. The Company is engaged in
3 Alleging that the unit sought was inappropriate , the Company moved to dismiss the
petition . For reasons set forth in Section IV, in/re, the motion is hereby denied.
65 N. L. R. B., No. 7. 31
679100-46-vol. 65-4
32 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
the manufacture, sale, and distribution of iron and steel products
with manufacturing and finishing plant's in the States of Ohio, New
York, Illinois, Pennsylvania, Indiana, and Alabama and in Canada.
The onlyplant of the Company involved in this proceeding is located at
Gary, Indiana, and is known as the Union Drawn Steel Division, Gary
Plant. The Company obtains about one-half its requirements of iron
ore and coal from its own mines and the remaining part from mines
of companies in which it, has an interest or by purchase from others.
The Company or its subsidiaries own or control iron ore properties
in the States of Michigan, New York, and Alabama, and coal com-
panies in the States of Pennsylvania, Kentucky, and West Virginia.
A substantial tonnage of raw materials used at each of the Com-
pany's plants and properties is received from points outside the States
in which are located the respective plants at which the material is
used. A substantial tonnage of finished products is shipped from
each of the plants to points outside the States in which the respective
plants are located.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
11. TIIE ORGA \IZ-\TLON LNVOL\ED
United Steelworkers of America, Local Union 3603, C. I. O., is a
labor organization, affiliated with the Congress of Industrial Organi-
zations , admitting to membership employees of the Company.
111. 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 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 Union seeks a unit comprising all office and clerical employees
of the Company, including the storekeeper, the bonus clerk, clerks and
' The Field Examiner reported that the Union submitted 16 cards, bearing the names
of 16 employees listed on the Company's pay coil of August 7, 1945, and that 12 of the
cards aie dated October 1944, 2 are dated May 1945, and 2 are undated There are
approximately 22 employees in the appropriate unit
REPUBLIC STEEL CORPORATION 33
typists in the metallurgical department, the teletype and switchboard
operator, the cost and pay-roll clerks, but excluding the industrial
engineer, the nurse, and all supervisory employees. The Company
takes the general position that all its office and clerical employees
occupy either a confidential or supervisory status, and that, therefore,
the unit sought is inappropriate.
Although it iiiay be conceded that-the Company's office employees,
as a whole, may have access to important information, unless such
information relates directly to labor relations matters, they cannot
be said to enjoy a confidential status within the Board's customary
definition thereof.3 Other than as hereinafter indicated, there is no
evidence in the record to sustain the Company's contention that all its
office employees are employed in either a confidential or supervisory
capacity.
The Union would include William Stephens and William Miller,
who are charged with the planning and scheduling of raw materials,
and Helen Crislnan, who is in charge-;of billing operations. The un-
contradicted evidence shows that all the foregoing employees possess
authority effectively to recommend changes in the status of employees
under their supervision. We shall, therefore, exclude them.
As indicated above, the Union would also include the four cost and
pay-roll clerks, all of whom are tinder the immediate supervision of
the chief clerk. The chief clerk is also in charge of all personnel
matters for the plant, the Company maintaining no separate per-
sonnel department. The record shows that, as a result, all four of the
cost and pay-roll clerks in the course of their duties have access to
information relating to labor relations, employment records, and other
personnel nnatters ; accordingly, we shall exclude them.
We find that all office and clerical employees of the.Company, in-
cluding the storekeeper, the bonus clerk, clerks and typists in the
metallurgical department, the teletype and switchboard operator, but
excluding the industrial engineer, cost and pay-roll clerks, the nurse,
and all supervisory employees with authority to hire, promote, dis-
charge, discipline, or otherwise effect changes in the status of em-
ployees, or effectively recommend such action, constitute a unit appro-
priate 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 employees
'Matter of U 8 Automats, Coi poration, 58 N L R B 662
4 Excluded as falling within the above supervisory definition are William Stephens,
William Miller, and Helen Crisman.
34 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 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
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Republic Steel
Corporation, Union Drawn Steel Division, Gary Plant. Gary, 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 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, includ-
ing 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 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 or not they
desire to be represented by United Steelworkers of America, Local
Union 3603, affiliated with the Congress of Industrial Organizations,
for the purposes of collective bargaining.