United States Gypsum Co.

National Labor Relations Board - Board Decisions

Sep 8, 1948

79 N.L.R.B. 536 (N.L.R.B. 1948)

In the Matter Of UNITED STATES GYPSUM COMPANY, EMPLOYER and
UNITED CEMENT, LIME AND GYPSUM WORKERS; LOCAL UNION No.
70, AFL, PETITIONER
Case No. 16-RC-142.-Decided September 8, 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 the undersigned Board
Members.*
Upon the entire record in this case, 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 em-
ployees 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 main-
tenance employees, including laboratory employees, but excluding
clerical and professional employees and supervisors, as defined in the
Act. The parties are in general agreement as to the composition
of the unit. The Petitioner, however, would include, and the Em-
ployer exclude, the head mechanic in the mine and quarry department,
the packing and keenes department, the hydrocal department, and the
board department, the head mechanic electrical in the maintenance
* Houston, Murdock , and Gray.
79 N. L. R. B., No. 69.
536
UNITED STATES GYPSUM COMPANY 537
department, mill operators in the packing and keenes department,
board inspectors, unloading foreman, testers, and guards.
Head Mechanics: The head mechanics are charged with mechanical
and repair work in the plant. The head mechanic electrical in the
maintenance department is responsible for the maintenance of all of the
electrical equipment in the plant. These men report directly to the
head of their respective departments. The head mechanic in the
mine and quarry department, and in the board department, and the
head mechanic electrical in the maintenance department, each have
up to four full-time helpers to whom they assign jobs, and whom they
direct in their work. The head mechanics plan their week's work with
a minimum of supervision by their department heads. Although these
head mechanics spend up to 75 percent of their time in manual labor,
the record shows that they responsibly direct their helpers and that
they may effectively discipline or recommend the discharge of the
employees under them. We shall, therefore, exclude the head mechanic
in the mine and quarry department, and in the board department, and
the head mechanic electrical in the maintenance department from the
proposed unit.-
The head mechanic in the packing and keenes department and the
hydrocal department work alone. Occasionally, it is necessary that
they requisition other employees to work with them temporarily on a
particular job. The record shows that this is an unusual occurrence.
They have no power to hire or discharge these temporarily assigned
employees or to recommend changes in their status. We shall, there-
fore, include the head mechanic in the packing and keenes department
and the hydrocal department in the proposed Unit .2
Mill Operators: The keenes mill crushes the cooked rock from the
quarry, grinds, separates, and screens it, and then moves the rock on
into storage. There are three mill operators in charge of the keenes
mill on their respective shifts. A foreman is present on only one
shift; on the remaining shifts, the mill operators are in sole charge
of the shift and exercise supervisory power over the two employees.
Fifty percent of their time is devoted to operation of the mill and 50
percent to supervision. Each operator rotates from shift to shift
every 2 weeks. The record shows that these mill operators may dis-
cipline or effectively recommend the discharge of the employees under
them. We shall, therefore, exclude the mill operators in the packing
and keenes department from the proposed unit.
Board Inspectors: There are three inspectors in the Employer's
plant. Their primary function is to inspect wallboard as it comes
1 Matter of United States Gypsum Company, 78 N. L. It. B. 849.
2 Matter of Fitzgerald Mills Corporation , 77 N. L . It. B. 1156.
538 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
from the machines in which it is manufactured,. and to reject any wall-
board that is defective. 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 aii hour more than
the operators of the board- machine. 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 find that the inspectors have interests, duties, and
working conditions which closely ally them with hourly rated produc-'
tion and maintenance workers and, accordingly, shall include them in
the unit.3 '
Unloading Foreman: The Employer 'has one unloading foreman in
the board department. He is responsible for the unloading of all
supplies coming into the plant and is also in charge of shear (salvage)
'operations. He has six men under his supervision ; 50 percent of his
time is spent in manual'labor along with these men. He receives about
20 cents more per hour than the men in his crew. The record shows
that he may discipline or effectively recommend the discharge of the
employees under him. The record also shows that his duties are about
the same as those of the loading foreman, whom the parties have
agreed to exclude from the unit. We shall, therefore, exclude the
unloading foreman from the proposed unit.
Testers: There are four testers who perform tests on raw materials
and finished products. They work in their own laboratories under
the direction of the quality control supervisor. The record indicates
that the line of advancement for testers is from the laboratories into
supervisory positions in other departments in the plant. The Em-
ployer requires that these employees have at least a high school educa-
tion. The testers perform no production work. In view of the techni-
cal nature of their work, and the fact that they are under separate
supervision, we shall exclude them from the proposed unit .4
Guards: There are two full-time guards in the plant. Their duties
include the protection of the Employer's property from theft either
by employees or by other persons. These full-time guards fall within
the prohibition of Section 9 (b) (3) of the amended Act, and we
shall, therefore, exclude them from the proposed unit's
The full-time guards work a 6-day week. A laborer from the plant
is employed as guard for 2 nights a week in order to provide continuous
protection for the Employer. We shall include this laborer in the
production and maintenance unit."
3 Matter of United States Gypsum Company, 78 N L. R. B. 849; 66 N L R. B. 619.
4 Matter of United States Gypsum Company , 78 N. L. R. B. 849; 72 N. ,L. R. B. 863.
"Matter of C. V. Htitt & Company, Inc, 76 N. L. R. B. 158.
6 Matter of Radio Corporation of America, 76 N. L. R B. 826.
UNITED STATES GYPSUM COMPANY 539
We find that all production maintenance employees at the Em-
pl'oyer's Southard, Oklahoma, plant and quarry, including the head
mechanic in the packing and keenes department and the hydrocal
department, and board inspectors, but excluding clerical and profes-
sional employees, the head mechanic in the mine and quarry depart-
ment, and the board department, the head mechanic electrical in the
maintenance department, mill operators in the packing and keenes
department,, unloading foreman, testers, full-time . 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,'as amended, among the em-
ployees 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 reinstated prior to the date of the election, and also excluding
employees on strike who are not entitled to reinstatement, to deter-
mine whether or not they desire to be represented, for purposes of
collective bargaining, by United Cement, Lime and Gypsum Workers,
Local Union No. 70, AFL.