United States Gypsum Co.

National Labor Relations Board - Board Decisions

Sep 21, 1948

79 N.L.R.B. 869 (N.L.R.B. 1948)

,I , I . ..11
In the Matter Of UNITED STATES Gypsum COMPANY, EMPLOYER and
UNITED PAPERWORKERS OF AMERICA, CIO, PETITIONER
Case No. 13-RC-167.-Decided September 21,1948
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 pow•ers'in• connectionmwithr
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 certain
employees of the Employer.'
3. A question affecting commerce exists concerning the representa-
tion of certain employees of the Employer, within the meaning of
Section 9 (c) (1) and Section 2. (6) and (7) of the Act.
4. The Petitioner seeks a unit composed of all production and
maintenance employees of the Employer at its South Bend, Indiana,
plant, excluding office and clerical employees, guards, professional
employees, and supervisors as defined by the Act. The parties are in
general agreement as to the composition of the unit with the exception
of the job classifications noted below, which the Employer would
exclude and the Petitioner include therein.
Laboratory assistant: There is one employee in this category. The
Employer maintains its laboratory in a. separate room in a building
which also houses the general office and a portion of the production
department. The laboratory assistant is an hourly paid employee who
'Chairman' Herzog and Members Houston and Reynolds.
1 We find no merit,in the Employer's contention that the subject Union has not qualified
under Section 9 (f-), (g), and (h) of the Act.
79 N. L R. B No. 108. 869
809095-49-vol 79-56
,870 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
works under the separate supervision, of the quality supervisor. He
performs physical and chemical tests on incoming raw materials, mate-
rials in process of production, and finished products. Of these tests, 80
percent are performed in the laboratory. The testimony indicates that
a period of 6 months is required for training before an employee iii
this position' is reasonably ,proficient in performing the duties` required
by such position. In view of the technical nature.of his work, the lack
of interchange between the laboratory assistant and the employees en-
gaged in production, and the fact that he is primarily under separate
supervision, we shall exclude him from the production and maintenance
unit.'
Unloading checker: There is one employee in this category. The un-
loading checker is an hourly paid employee who responsibly directs
from four to six employees in unloading operations, and can make
recommendations concerning the lay-off and, promotion of such em-
ployees. In addition thereto, he has authority to settle minor griev-
ances among the employees in his group. We are of the opinion that
the unloading checker is a supervisor Within the meaning of 'the Act.
We'shall therefore exclude him from the unit.
Warehouse car checker:'There are'two employees iii this category.
They are hourly paid employees who are under the direction of the
warehouse foreman. They spend 35 percent of their time performing
physical labor. Although they also direct the work of one loader and
a truck driver in the loading of cars and trucks, their exercise of au-
thority in this respect is of a routine nature. We find that warehouse
car checkers are not supervisors within the meaning of the Act. Ac=
cordingly, we shall include'them in the unit.
We find that all production and maintenance employees of the Em-
ployer at its South Bend, Indiana, plant, including warehouse car,
checkers, but excluding technical' einployees,3 office and clerical em-
ployees, guards. professional employees, and supervisors as defined in
the Act,4 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 pur-
poses 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 Region in which this case was heard,
z. Matter of United States Gypsum Company, 72 N. L . R. B. 863; 79 N. L . R. B. 48.
Excluded under this category is the employee classified as laboratory assistant.
Excluded under this category is the employee classified as unloading checker.
UNITED STATES GYPSUM COMPANY 871
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,vaca-
tion or-teniporarily, 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 em-
ployees on strike who are not entitled to reinstatement ,; to determine
whether or not they desire to be represented , for purposes of collective
bargaining, by United -P2 perworkers of America, CIO.