United States Gypsum Co.

National Labor Relations Board - Board Decisions

Jul 30, 1948

78 N.L.R.B. 849 (N.L.R.B. 1948)

In the Matter Of UNITED STATES GYPSUM COMPANY, EMPLOYER and
UNITED CEMENT, LIME AND GYPSUM WORKERS, LOCAL UNION No.
82, AFL,' PETITIONER
Case No. 16-RC-61.-Decided July 30, 1948
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, a hearing was held before a hearing
officer of the National Labor Relations Board. The hearing officer's
rulings made at the hearing are free from prejudicial error and are
hereby affirmed.
Pursuant to the provisions of Section 3 (b) of the National Labor
Relations Act, the Board has delegated its powers in connection with
this case to a three-man panel consisting of Chairman Herzog and
Members Murdock and Gray.
Upon the entire record in this case,2 the Board finds :
1. The Employer is engaged in commerce within the meaning of the
National Labor Relations Act.
2. The labor organization named below claims to represent employees
of the Employer.
3. A question affecting commerce exists concerning the representa-
tion of employees of the Employer, within the meaning of Section
9 (c) (1) and Section 2 (6) and (7) of the Act.
4. The appropriate unit :
The Petitioner seeks a unit composed of all production and mainte-
nance employees at the Employer's Sweetwater, Texas, plant and
quarry, excluding clerical and professional employees, the chief
chemist, guards, and all supervisors as defined in the Act. The parties
are in general agreement as to the composition of the unit. The Peti-
tioner, however, would include, and the Employer exclude, testers, in-
spectors, head mechanics, and head loaders.
1 The petition was filed by United Cement, Lime and Gypsum Workers, AFL, an inter-
national union. At the hearing, the petition was amended to substitute Local No. 82,
which had previously not been in compliance with Section 9 (f), (g), and (h) of the Act,
but which was in compliance at the time of the hearing.
2 The Petitioner ' s request for oral argument is denied , as the record and the briefs, in our
opinion, adequately present the issues and the positions of the parties.
78 N. L.R. B., No. 110.
849
850 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Testers: There are seven testers who perform tests on raw materials
and finished products. They work in their own laboratories under the
direction of the quality supervisor. The record indicates that the line
of advancement, for testers is from the laboratories into supervisory
positions in other departments in the plant. In view of the technical
nature of their work, the lack- of interchange between them and
employees engaged in production, and the fact that they are under
separate supervision, we shall exclude them from the unit.'
Inspectors: There are six inspectors in the Employer's plant. Their
primary function is to inspect wallboard as it comes from the machines
in which it is manufactured, and to reject any wallboard that is defec-
tive. The inspectors are under the same supervision as the production
employees and work in close proximity to them. They are paid on an
hourly basis and receive 5 cents an hour more than the operators of the
board machines. The inspectors do not have authority to discharge
any employee or effectively to recommend such action, nor do they have
authority to reprimand the board-machine operators. We have pre-
viously held that an inspector's authority to reject and, in certain
instances, to report defective work is insufficient to constitute super-
visory or managerial authority.' We find that the inspectors have
interests, duties, and working conditions which closely ally them with
hourly rated production and maintenance workers and, accordingly,
shall include them in the unit.5
Head Mechanics: There are four head mechanics who are charged
with mechanical maintenance and repair work in the plant. There is
a head mechanic assigned to each of four of the Employer's depart-
ments, reporting directly to the department head. Each head me-
chanic has up to five helpers to whom he assigns jobs, and whom he
directs and instructs in their work. Although the head mechanics
spend up to 80 percent of their time in manual work, the record dis-
closes that they may effectively recommend the discharge of employees
under them. We shall therefore exclude the head mechanics from the
unit.,,
Head Loaders: There are 4 head loaders in the Employer's plant,
each one having from 10 to 12 men under his supervision. The head
loaders assign work to the loading crews and see that the loading is
done in accordance with certain standards. The record indicates that
loaders have been discharged on the recommendation of head loaders.
We shall exclude the head loaders from the unit.
a Matter of United States Gypsum Co , 72 N. L. R. B. 863; 66 N . L. R. B. 619; 65
N L R B. 575; 65 N. L R. B. 1427.
4 Matter of Luminous Processes , Inc, 71 N. L . R B. 405.
5 Matter of United States Gypsum Co., 65 N. L . R. B. 575; Matter of Tyler Fixture Corp.,
67 N. L R B 945; see, also, Matter of Clayton Mark & Company, 76 N. L R. B. 230.
Matter of Texas-New Mexico Pipe Line Co., 72 N. L. R. B. 356.
UNITED STATES GYPSUM COMPANY 851
We find that all production and maintenance employees at the
Employer's Sweetwater, Texas, plant and quarry, including inspectors,
but excluding clerical and professional employees, the chief chemist,
testers, head mechanics, head loaders, guards, and all supervisors as
defined in the Act, constitute a unit appropriate for the purposes of
collective bargaining, within the meaning of Section 9 (b) of the Act.
DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with the Employer, an election by
secret ballot shall be conducted as early as possible, but not later than
30 days from the date of this Direction, under the direction and
supervision of the Regional Director for the Sixteenth Region, and
subject to Sections 203.61 and 203.62 of National Labor Relations
Board Rules and Regulations-Series 5, among the employees in
the unit found appropriate in paragraph numbered 4, above, who were
employed during the pay-roll period immediately preceding the date
of this Direction of Election, including employees who did not work
during said pay-roll period because they were ill or on vacation or
temporarily laid off, but excluding those employees who have since
quit or been discharged for cause and have not been rehired or re-
instated prior to the date of the election, and also excluding employees
on strike who are not entitled to reinstatement, to determine whether
or not they desire to be represented, for purposes of collective bar-
gaining, by United Cement, Lime and Gypsum Workers, Local Union
No. 82, AFL.
MEMBER GRAY took no part in the consideration of the above Deci-
sion and Direction of Election.