United States Gypsum Co.

National Labor Relations Board - Board Decisions

Sep 28, 1949

86 N.L.R.B. 200 (N.L.R.B. 1949)

In the Matter of UNI TED STATES GYPSUM COMPAN Y, EMPLOYER and
INTERNATIONAL CHEMICAL WORKERS UNION, AFL, AND ITS LOCAL
UNION 391,1 PETITIONERS
Case No. 7-RC-457
SUPPLEMENTAL DECISION
AND
DIRECTION OF ELECTION
September 28, 1949
On June 17, 1949, the National Labor Relations Board issued a
Decision and Order in this proceeding.2 The Board therein found,.
among other things, that a local, union, Local 391, which was affiliated
with the Petitioner, International Chemical Workers Union, AFL,
herein called the International, existed among the employees of the
Employer. Because it appeared that Local 391, which had not com-
plied with the filing requirements of Section 9 (f) and (h) of the
Act, was a joint party in interest in this proceeding, the Board dis-
missed the petition filed by the International.
Thereafter on August 15, 1949, the International filed a Motion
for Reconsideration, in support of which it alleged that since the
issuance of the afore-mentioned Decision and Order, Local 391 had.
complied with the filing requirements of the Act. It also requested
that the International be allowed to amend its petition to include
Local 391 as a copetitioner. On August 29, 1949, the Employer filed
a statement in opposition to the International's motion.
Local 391 is now in compliance with the filing requirements of
Section 9 (f) and (h) of the Act. It does not appear, nor has it
been alleged, that, since the issuance of the afore-mentioned Decision
and Order, either a contractual interest adverse to the Petitioner's
claim has arisen, or an opposing claim has been made on the Employer.
Although there is merit in the Employer's contentions concerning the
Petitioner's delay in effecting compliance, the absence of intervening
rights makes the requirement that a new petition be filed of little
value in the correction of existing inequities. Because the alterna-
' The name of Local 391 appears as a copetitioner as requested by the International.
z 84 N . L. R. B., No. 40.
86 N. L. R. I3., No. 35.
200
UNITED STATES GYPSUM COMPANY 201
tive to processing the petition herein would involve the cost and in-
convenience of another hearing, we believe that administrative
practicalities must prevail. Accordingly, in order to facilitate the
process of collective bargaining and thereby effectuate the purposes of
the-Act, we hereby rescind our Decision and Order dated June 17,
1949, reopen this proceeding, and grant the request of the Interna-
tional that the petition be amended to include Local 391 as a
copetitioner.
Upon the entire record in this case, the Board finds : 3
1. The Employer is engaged in commerce within the meaning of the
National Labor Relations Act.
2. The labor organizations named below claim to represent em-
ployees of the Employer.
3. A question affecting commerce exists concerning the 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 Petitioners seek to represent a unit of all production and main-
tenance employees at the Employer's River Rouge plant, including
kiln men, the chief electrician, machine men, and the inspector and
head take-off man, but excluding office and clerical employees, the
quality supervisor, testers, and all supervisors. The Employer agrees
generally with the appropriateness of the aforesaid unit, except that
it would exclude, as supervisors, the chief electrician, the machine
men, and the inspector and head take-off man.
The chief electrician: This employee is responsible for electrical
installation, maintenance, and repair work throughout the plant. He
has two assistants whose work he supervises. He can effectively rec-
ommend the promotion or discharge of his subordinates. We find
that the chief electrician is a supervisor and we shall exclude him from
the unit.
The machine men, and the inspector and head take-off man:
These employees are in charge of the operations at the beginning
and the end of the gypsum board manufacturing machine. Although
they perform some production duties, they also responsibly direct
the work of from three to eight employees. They have authority to
assign, discipline, and to effectively recommend the transfer, promo-
tion, and discharge of their subordinates. We find that they are super-
visors. We shall therefore exclude them from the unit.4
8 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-member panel
[Chairman Herzog, and Members Reynolds and Gray].
4 Matter of U. S. Gypsum Co., 85 N. L. R. B., No. 4; Matter of United States Gypsum
Company, Case No. 7-RC-424, issued April 7, 1949, (unpublished), and Case No. 21-RC-663,
issued March 30, 1949 ( unpublished).
202 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
We find the following unit appropriate for the purposes of collective
bargaining within the meaning of Section 9 (b) of the Act:
All production and maintenance employees at the Employer's River
Rouge, Michigan, plant, including kiln men, but excluding office and
clerical employees, the chief electrician, the machine men, the inspec-
tor and head take-off man, the works manager, the board plant super-
intendent, board plant shift foremen, the board plant general foreman,
i he warehouse and loading foreman, the mill superintendent, mill shift
foreman, the plant engineer, the mechanic foreman, the packaging
superintendent, the packaging department foreman, quality super-
visors, testers, guards, professional employees, and all other super-
visors as defined in 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 Region in which this case
was heard, and subject to Sections 203.61 and 203.62 of National Labor
Relations Board Rules and Regulations, 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 rein-
stated 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 bargain-
ing, by International Chemical Workers Union, AFL, and its Local
Union. 391.