Sheffield Steel of Texas

National Labor Relations Board - Board Decisions

Jul 31, 1945

63 N.L.R.B. 80 (N.L.R.B. 1945)

In the Matter of SHEFFIELD STEEL OF TEXAS and UNITED STEELWORKERS
OF AMERICA, C. I. O.
Case No. 16-R-1223.-Decided July 31,19115
Mr. George Rice, of Houston, Tex., for the Company.
Mr. Paul L. Cross, of Houston, Tex., for the Union.
Miss Aida Casanas, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by United Steelworkers of America,
C. I. 0., herein called the Union, alleging that a question affecting
commerce had arisen concerning the representation of employees of
Sheffield Steel of Texas,' Houston, Texas, herein called the Company,
the National Labor Relations Board provided for an appropriate
hearing upon due notice before William J. Scott, Trial Examiner.
Said hearing was held at Houston, Texas, on May 16, 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
1. THE BUSINESS OF THE COMPANY
Sheffield Steel of Texas is engaged in the manufacture of steel prod-
ucts. It is an unincorporated division of the American Rolling Mill
Company of Middleton, Ohio, and is affiliated with Sheffield Steel
, Name as corrected in accordance with evidence adduced at the hearing demonstrating
that the Company is no longer a corporation . In previous proceedings before the Board,
and in the present petition , the Company was designated as Sheffield Steel Corporation of
Texas
63 N. L. R. B., No. 6.
80 ,
SHEFFIELD STEEL OF TEXAS 81.
Corporation of Ohio. The Company and the above two corporations
have some officers in common. The raw materials primarily used by
the Company are iron ore mined in Texas and Mexico, coal mined in
Oklahoma, and scrap iron obtained from Texas and Louisiana. Ap-
proximately 25 percent of the Company's finished products is shipped
outside the State of Texas.
The Company admits, and we find, that it is engaged in commerce
within the meaning of the National Labor Relations Act.
II. 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
Under date of February 16, 1945, the Union requested recognition
from the Company as bargaining representative of all the janitors
employed by the Company. In a conference the Company replied that
it would not recognize the Union as such.
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.2
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 DETERMINATION OF REPRESENTATIVES
The Union seeks to represent all the janitors employed by the Com-
pany, with the intention of including them in the production and
maintenance unit it now represents. On October 8, 1942, the Board
certified the Union as exclusive bargaining agent of all the Company's
production and maintenance employees, pursuant to a Decision and
Direction of Election issued on September,4, 1942.3 Following the
certification the Union and the Company entered into an agreement
Y The Field Examiner reported that the Union submitted 23 membership cards, 14 of
which bore the apparently genuine original signatures of persons listed on the Company's
pay roll of March 20, 1945 , which contained the names of 20 employees in the appropriate
unit ; and that the cards were dated as follows : 1 in April 1944 ; 1 in October 1944; 10 in
November 1944; and 2 in December 1944.
8 See Matter of Sheffield Steel Corp . of Texas, 43 N. L. R. B. 956 . In this proceeding
the Board found appropriate a unit of all production and maintenance employees, including
shipping clerks , but excluding superintendents and assistant superintendents , all turn
foremen and non -working foremen, melters, all rollers except plate mill rollers, general
office employees , general and turn inspectors , timekeepers, laboratory employees and
watchmen.
82 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
in which the janitors were specifically excluded. A second agreement
was executed by the same parties and the janitors were also excluded
therefrom. The parties in entering into these agreements apparently
construed the Board's certification as excluding the janitors from the
annit together with officer workers, although janitors were not expressly
named therein.'
The Company contends that the janitors should not be added to the
production and maintenance unit because its history of collective
bargaining demonstrates that they were always excluded from. fl,lat
unit; that the janitors will receive no benefits from representation by
,a bargaining agent; that labor relations between the Union and the
Company regarding the present unit have been satisfactory; and that
the unit should not be changed. The Company also argues that the
janitors are confidential employees because sometimes they carry im-
portant messages and have access to confidential papers left at the
different offices. The latter contention clearly is without merit.'
The employees in question are hourly paid like the Company's pro-
duction and maintenance workers ; they perform the ordinary work
of janitors in the different offices and shops throughout the plant, and
those working in the plant are under the supervision of the various
department superintendents. Although the Board's policy is, in
general, to follow the history of collective bargaining in determining
appropriate bargaining units, this policy does not preclude the en-
largement of an existing unit by the addition of a group of employees
which, in respect to function and other factors - indicative of com-
munity of interest, can properly form a part of the historical unit.
We note that the Board, in its prior determination, did not exclude
the janitors from the production and maintenance unit, and that their
inclusion in that unit would conform to our general practice. The
record does not indicate any reason why the harmonious collective
bargaining relations between the Company and the Union would be
disturbed by granting the present petition.
As we find no merit in any of the Company's contentions, we con-
clude that the janitors may properly form a part of the larger pro-
duction and maintenance unit already represented by the Union, if
they so desire.6
We shall, accordingly, direct an election only among the janitors,
so that they may indicate their desire as to whether or not they should
be added to the established bargaining unit represented by the Union.
The voting group will be: all janitors employed by the Company in
4 Janitors were advised that they were ineligible to vote in the election.
5 See Matter of Aluminum Company of America, 54 N. L. R. B. 834, and Matter of Brad
Foote Gear Works, Inc., 60 N. L. R. B. 97.
6 See Matter of Michigan Bell Telephone Company, 58 N. L. It. B . 622; Matter of Armour
and Company, 61 N. L. It. B. 758; and Matter of Dahlstrom Metallic Door Company, 61
N. L. R. B. 1160.
SHEFFIELD STEEL OF TEXAS 83
its Houston offices, excluding any supervisory employees with author-
ity to hire, promote, discharge, discipline, or otherwise effect changes
in the status of employees, or effectively recommend such action.
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 aforesaid voting group 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 represent-
atives for the purposes of collective bargaining with Sheffield Steel
of Texas, Houston, Texas, an election by secret ballot shall be con-
ducted 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 Sixteenth 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 em-
ployees in the voting group described 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 peric,d 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 and have not
been rehired or reinstated prior to the date of the election, to deter-
mine whether or not they desire to be represented by United Steel-
workers of America, C. I. 0., for the purposes of collective bargaining.
7 The Union ' s request to be designated on the ballot by the number of its local is hereby
referred to the Regional Director.
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