United States Gypsum Co.

National Labor Relations Board - Board Decisions

Aug 27, 1948

79 N.L.R.B. 194 (N.L.R.B. 1948)

In the Matter of UNITED STATES Gypsum COMPANY , EMPLOYER and
LOCAL 278 , UNITED GAS , COKE & CHEMICAL WORKERS OF AMERICA,'
C. I. 0., PETITIONER - - -
Case No. 13-RC-1 96.-Decided August 27, 1948
DECISION
AND
DIRECTION OF ELECTIONS
Upon a petition duly filed, a hearing was held on May 6 and 7, 1948,
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 Petitioner is a labor organization claiming to represent em-
ployees of the Employer.
3. Questions affecting commerce exist 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 parties agree that all production and maintenance employees,
including truck drivers, at the Employer's East Chicago, Indiana,
plant, but excluding watchmen, office and clerical employees, master
mechanics, quality supervisors, supervisor trainees, superintendents,
assistant superintendents, general foremen, foremen, professional em-
ployees, and supervisors would constitute an appropriate unit. The
Petitioner would also include, and the Employer would exclude,
testers, gang leaders, and inspectors. In the event the testers are
excluded from the production and maintenance unit, the Petitioner
seeks to represent such employees in a separate unit.
* Chairman Herzog and Members Murdock and Gray.
79 N. L. R. B., No. 24.
194
UNITED STATES GYPSUM COMPANY 195
On April 30, 1946, pursuant to a Board-directed election,, the Board
certified the Petitioner as collective bargaining agent for a unit of
production and maintenance employees at the Employer's East Chi-
cago, Indiana, plant, including gang leaders 2 and inspectors, but
excluding testers. The Petitioner entered into a contract with the
Employer covering this unit on July 2,1946. The contract expired on
May 5, 1948, and was not renewed. On September 10, 1946, the
Board found appropriate a separate unit of testers at the Employer's
East Chicago plant, and certified the Petitioner.3 However the Em-
ployer and the Petitioner have never signed a collective bargaining
contract for the employees in such unit.
Gang Leaders: 4 There are 13 hourly paid gang leaders, each of
whom is in charge of from 6 to 14 employees. As it appears that gang
leaders responsibly direct other employees in their work and make
effective recommendations that affect their status, we find that -they are
supervisors within the meaning of the Act. We shall, therefore, ex-
clude them from the unit.
Testers: There are 12 testers' who perform tests on incoming raw
materials, materials in process of production, finished products, and
competitive prolhlcts. The' work in their own laboratories and are
under separate supervision. They perform no production work. In
view of the technical nature of their work, and in accordance with our
previous findings, we shall exclude the testers from the production and
maintenance units As the duties of the testers at the Employer's
East Chicago plant are substantially the same as on September 20,
1946, when we established a separate unit of testers,7 we shall follow
that decision and set up a separate unit of testers.
Inspectors: There -are six' inspectors in the board and Glatex
(shingle) plants. Their primary function is to inspect, visually and
manually, the boards and shingles, as they come off the production line
to determine whether the finished products comply with the -Em-
ployer's specifications. If they do not, the inspectors reject the de-
fective products. The shingle inspectors may stop the production
line if defects are coming through too fast. The -inspectors make
' Matter of United States Gypsum Company, 66 N. L R. B. 619.
2 By agreement of the parties gang leaders were included in the unit.
3 Matter of United States Gypsum Company , 70 N. L R. B. 1322.
* Although the term gang leader , technically is not one of the Employer 's job classifica-
tions , it is being used, as it was in the record herein, to cover the following categories of
employees . 3 head take-off men and 1 specialty board operator in the board plant ; 1 load-
ing gang leader and 3 dip and bundling operators in the shingle plant ; and 3 AA mechanics
and 2 AA electricians in the general maintenance department
0 Including 3 mill testers , 4 packing testers, 1 board plant tester, 3 shingle and Glatex
testers, and 1 main laboratory tester
0 Matter of United States Gypsum Company , 66 N. L. it. B. 619 ; 72 N . L. it. B. 863 ; 65
N. L.R.B 1427;65 N. L. R.B 575.
7 See footnote 3, supra.
196 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
reports which ^ are used by quality supervisors to affect the production
process, but they do not make recommendations that affect the status
of production employees. In the absence of an inspector, an operator
replaces him. In accordance with our previous determination, we
shall include inspectors in the unit s
We find. that all, production and maintenance employees at the
Employer's East Chicago, Indiana, plant, including truck drivers
and inspectors, but excluding watchmen, office and clerical employees,
master mechanics, quality supervisors, supervisor trainees, superin-
tendents, assistant superintendents, general foremen, foremen, pro-
fessional employees, gang leaders, testers, guards, and 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.
We also find that all testers at the Employer's East Chicago, Indiana,
plant, excluding supervisors as defined in the Act, constitute a unit
appropriate for the purposes of collective bargaining within the mean-
ing of Section 9 (b) of the Act.
DIRECTION OF ELECTIONS
As part of the investigation to ascertain representatives for the pur-
poses of collective bargaining with United States Gypsum Company,
East Chicago, Indiana, separate elections 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 Thirteenth 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 units' found appropriate in para-
graph numbered 4, above, who were employed during the pay=roll
period immediately preceding the date of this Direction of Elections,
including employees who did not work during said pay-roll period
because they were ill or on vacation or temporarily laid off, but exclud-
ing those employees who have since quit or been discharged for cause
and have riot been rehired or reinstated prior to the date of the elec-
tions, and also excluding employees on strike who are not entitled to
reinstatement, to determine whether or not they desire to be repre-
sented, for purposes of collective bargaining, by Local 278, United Gas,
Coke & Chemical Workers of America, C. 1. 0.
' Matter of United States Gypsum Company, 66'N L. R. B. 619.