United States Gypsum Co.

National Labor Relations Board - Board Decisions

Dec 5, 1955

114 N.L.R.B. 1285 (N.L.R.B. 1955)

UNITED STATES GYPSUM COMPANY 1285
membership in a labor organization as a condition of employment as authorized
in Section 8 (a) (3) of the Act.
WE WILL make whole Henry Kubelus for any loss of pay he may have suffered
as a result of the discrimination against him.
UNITED PACKINGHOUSE WORKERS OF AMERICA,
LOCAL 267, C. I. 0.,
Labor Organization.
Dated---------------- By----------------------------------------------
(Representative) (Title)
This notice ,must remain posted for 60 days from the date hereof, and must not be
altered, defaced, or covered by any other material.
United States Gypsum Company and- United Stone and Allied
Products Workers of America, CIO, Petitioner . Case No. 8-Rd-
2463. December 5,1955
DECISION AND DIRECTION OF ELECTIONS
Upon a petition duly filed under Section 9 (c) of the National Labor
Relations Act, a hearing was held before Edward A. Grupp, hearing
officer. The hearing officer's rulings made at the hearing are free from
prejudicial error and are hereby affirmed.
Upon the entire record in this case, the Board finds :
1. The Employer is engaged in commerce within the meaning of the
Act.
2. The labor organization involved claims to represent certain 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) andSection 2 (6) and (7) of the Act.
4. The appropriate unit :
The Petitioner seeks a unit of all production and maintenance em=
ployees at the Employer's Gypsum, Ohio, plant and mine, including
working foreman, leaders, inspectors, laboratory employees, power-
house employees, truckdrivers, and construction workers, but exclud-
ing office clerical employees, guards, professional employees, and
supervisors as defined in the Act.' The Employer agrees that a pro-
duction and maintenance unit is appropriate for the purposes of col-
lective bargaining. The Employer, however, would exclude from
the unit certain classifications of employees which the Petitioner would
include, as follows :
Machine operators: Falling into this general classification are board
machine operators, moulding machine operators, automatic finishing
lIn 1946 the Board directed an election at this plant , finding a production and main-
tenance unit appropriate ( 72 NLRB 863 ). Thereafter , United Cement , Lime and Gypsum
Workers, AFL, was certified and entered into a contract with the Employer . This contract
expired June 23, 1948 , and since this date, there has been no collective bargaining at the
Employer's plant.
114 NLRB No. 195.
1286 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
machine operators, A sanders, A slitters, cupola operators, and in-
dustrial wool machine operators. The Employer contends that they
should be excluded as supervisors. Their duties are as follows : The
board machine operators, located in the board department, are re-
sponsible for t] ie wet or forming end of the board machine. Using
formulas developed by professional chemists, they maintain ingredient
control, check the flow of material, and otherwise observe the formation
of the board. The moulding machine operators, located in the accous-
tone department and performing duties somewhat similar to those of
the board machine operators in the board department, direct the oper-
ation in which accoustone tile is formed and moulded. The automatic
finishing machine operators are likewise located in the accoustone de-
partment, and it is their responsibility to oversee the process in which
the rough dry tile slabs are put through the slitting, planing, edging,
spraying, and drying operations. The A sanders direct the surfacing
operation and the A slitters the cutting operation in the accoustone de-
partment. In these latter two operations, the tile slabs undergo,
manual surfacing and cutting processes, whereas in the automatic fin-
ishing machine operation this is accomplished by automatic machinery.
There are 8 cupola operators, 6 in the granulated wool department and
2 in the industrial wool operation. Despite their different locations,
their duties, consisting of operating machinery which transforms
molten slag into a fiber-like substance, are the same. The industrial
wool machine operators, located in the industrial wool department,
direct the operation where this fibrous substance is dried and a mem-
brane is applied thereto.
These machine operators are in charge of crews ranging in size
from 2 to 8 employees and are responsible for all activities of their
respective crews. Although each performs varying amounts of
manual work, they observe the work of their crew members, and give
them the necessary instructions and directions. Because of this added
responsibility they are paid at higher rates. According to the testi-
mony of the Employer's witnesses, all of the machine operators are
empowered to make effective recommendations as to changes in the
status of employees under their direction, and most of them have actu-
ally made such recommendations, which have been generally followed.
Witnesses for the Employer also testified that all the machine opera-
tors have either been specifically informed or otherwise given the un-
derstanding that they are supervisors. The Petitioner offered some
evidence to the contrary, including testimony that the machine opera-
tors had not been informed of their supervisory status. The machine
operators who testified conceded, however, that they were responsible
for the operation of the machines on which they and their crews
worked. Upon the entire record, we find that the machine operators
responsibly direct the work of their crew members and can make effec-
UNITED STATES GYPSUM COMPANY 1287
tive recommendations concerning changes in their status. We find
therefore that the machine operators are supervisors within the mean-
ing of the Act and shall exclude them from the unit.2
Mechanic keymen : In the mine department there are 3 mechanic key-
men, 1 for each of the 2 mining shifts and 1 who serves as general
-foreman of the slope, crusher, and sink float. The two who are as-
.signed to the mining shifts work underground, each directing a crew
.of mechanics engaged in repairing and maintaining the mining equip-
ment. They are responsible for maintaining discipline and for rec-
ommending changes in the status of employees under their direction.
It is within their province to remove an employee from his job if he
is not physically capable of doing his work. Fifty percent of their
time is devoted to directing their crew members, and the balance is
devoted to physical tasks. There is a 91/2 cents an hour wage differen-
tial between their pay and that of their next highest subordinate. The
third mechanic keymen, referred to also as general foreman of the
slope, crusher, and sink float,' is in charge of the operation wherein the
raw gypsum rock undergoes a purification process. He directs the
work of 20 employees on 3 different shifts. In addition, he performs
such tasks as planning the jobs to be done, preparing time records, and
ordering repair parts. He spends no more than 10 percent of his
time doing manual work. Like the two mechanic keymen working
underground, he maintains discipline and makes effective recommen-
dations as to changes in the status of employees under his direction.
In view of uncontradicted testimony affirmatively showing that the
mechanic keymen and the general foreman of the slope, crusher, and
sink float responsibly direct the work of employees under their charge,
and that they are authorized to make, and have actually made, effec-
tive recommendations as to changes in the status of other employees,
we find that they are supervisors within the meaning of the Act and
shall exclude them from the unit'
Car checkers : The two car checkers, under the general supervision
,of the board loading foreman, direct the crews loading railroad cars
and trucks. The car checkers do no manual work, but see that the
trucks and cars are loading according to diagrams prepared by them
and the loading foreman. The day shift car checker has a 12-man
loading crew; the night shift car checker has a 5-man crew. Each
,car checker enjoys a higher rate of pay than subordinate loaders,
s United States Gypsum Company, 114 NLRB 185; 114 NLRB 523; 112 NLRB 1217;
85 NLRB 9. But cf. United States Gypsum Company , 105 NLRB 931 , 936, 939 ; 92 NLRB
18, 19.
$ The Employer contends that the sink float keymen , under the direction of the general
foreman of the slope, crusher , and sink float , are also supervisors However, apart from
some conclusional testimony that they are supervisors , the record discloses no specific
evidence that they responsibly direct the work of other employees or that they are author-
ized to make effective recommendations as to changes in the status of other employees.
Accordingly , we include them in the unit.
United States Gypsum Company, 79 NLRB 536, 537.
1288 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
exercises judgment and discretion in assigning work, and makes effec-
tive recommendations concerning promotions, discharge, and disci-
pline. Upon these facts, we find the car checkers to be supervisors-
within the meaning of the Act and shall exclude them from the unit."
Acooustone warehouse foreman: The hourly rated accoustone ware-
house foreman oversees a crew, composed of from 8 to 10 employees,
in the loading and unloading of finished goods and raw materials. He
exercises independent judgment in determining crew assignments and
in making loading plans. He is paid at a higher rate than his subordi-
nates and is not required to perform physical work, although he may
do a small amount of such work upon his own initiative. He can
make, and has made, effective recommendations concerning changes in
the status of his crew members. Upon the entire record, we find that
the accoustone warehouse foreman is a supervisor within the meaning
of the Act and shall exclude him from the unite
Blockhead loader: The blockhead loader directs a crew of from 4
to 8 employees in loading trucks and railroad cars in the block depart-
ment. Like the accoustone warehouse foreman, he receives higher
wages than crew members, and exercises discretion in making crew
assignments and in making loading plans. He is in immediate charge
of his crew, spends from 40 to 50 percent of his time in direct super-
vision, and is responsible for the discipline of this crew. Although
his recommendations with respect to changes in the status of employees
under his direction are subject to independent investigation, the record
discloses that this is true even of recommendations made by admitted
supervisors. We find that the blockhead loader is a supervisor within
the meaning of the Act and shall exclude him from the unit.'
Lead mechanics : There are three lead mechanics. Each, according
to general instructions given him by the department superintendent
or the general foreman, responsibly directs a crew of from 4 to 20
mechanics in the installation and repair of equipment. Lead me-
chanics are not required to perform manual labor, but do so to a limited
extent upon their own initiative. They are paid at a higher rate than
other mechanics and are authorized to make and have made effective
recommendations changing the status of their crew members. In
view of their authority and responsible direction of work done by
other employees, we find that the lead mechanics are supervisors and;
shall exclude them from the unit."
Electrical working foreman: The electrical working foreman is in
charge of 7 or 8 electricians, classified by the employer as mechanics,
who do electrical work throughout the plant. He is responsible to
the salaried electrical foreman, an engineering graduate, and shares
5 United States Gypsum Company , 85 NLRB 9, 11.
9 United States Gypsum Company , 79 NLRB 536, 538.
7 United States Gypsum Company , supra.
8 United States Gypsum Company , 105 NLRB 931, 940.
UNITED STATES GYPSUM COMPANY 1289
with him the duty of planning work and making crew assigmnents.
Since the salaried electrical foreman spends a considerable portion
of his time in designing and planning activity, the electrical working
foreman spends the greater part of his time in direct supervision. The
electrical working foreman is empowered to make and has made ef-
fective recommendations changing the status of employees under his
direction. He handles crew members' grievances on behalf of man-
agement and is paid at a higher rate than they are. Accordingly,
we find that the electrical working foreman possesses supervisory
authority and shall exclude him from the unit.'
Head mechanic: There are three head mechanics in the mill and pack-
ing department. Like the lead mechanics and the electrical working
foreman, each directs a crew of mechanics in maintenance and repair
work and assists the general foreman and department head in plan-
ning work and assigning it to crew members. Head mechanics are
authorized to reprimand crew members and have made recommenda-
tions that were effective in securing promotions for them. They have
also effectively recommended discharge. They are always consulted
before a new crew member is hired, and no crew member is hired with-
out their approval. They attend departmental supervisors meetings,
spend no more than 10 percent of their time doing manual work, and
receive higher wages than crew members. Upon these facts we find
that the head mechanics are supervisors within the meaning of the
Act and shall exclude them from the unit.19
Construction assistant: The plant engineering department superin-
tendent testified that the construction assistant, a graduate accountant,
and expert welder, and a journeyman machinist, is in charge of the
Employer's machine shop, where he supervises a machinist, a mechanic,
welders, and various other employees who from time to time have
occasion to work there. He further testified that the construction
assistant spends 75 percent of his time in estimating costs, determining
material requirements, handling procurements, and preparing techni-
cal writeups and drawings connected therewith, and that the balance
of his time is spent making up the timesheets for the 40-odd employees
in the department and in directing machine shop employees. He also
instructs welders in the use of torches and arc-welding and makes
recommendations as to their ability. According to the plant engineer-
ing department superintendent, the construction assistant is always
consulted as to the advancement or demotion of welders. None of his
recommendations concerning changes in the status of welders have
ever been denied. Upon the foregoing facts, we find that the construc-
tion assistant is a supervisor within the mewling of the Act. Ac-
cordingly, we shall exclude him from the unit.
United States Gypsum Company, supra.
io United States Gypsum Company, supra.
1290 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Railway conductor and lead trackman: The Employer's railway
system consists of a locomotive and 3 miles of track. Raw materials
and finished products are transported to and from the various de-
partments over this system. The railroad conductor is in charge of
the train crew, composed of an engineer, a fireman, and two brakemen.
He prepares the switching list and directs his crew in the operation of
the train. He is empowered to make, and has effectively made, recom-
mendations concerning the promotion, discharge, and discipline of his
crew members. The lead trackman is responsible for the 3-man crew
maintaining and repairing the 3 miles of track. He exercises judg-
ment and discretion in undertaking repair jobs and making job assign-
ments. If he deems it necessary, crew members report to work early
,or leave late, whichever the case may be. Like the railroad conductor,
he can make effective recommendations affecting the status of members
of his crew. In view of their responsible direction of other employees
and in view of their authority to make effective recommendations as to
changes in the status of these employees, we find that the railroad
conductor and lead trackman are supervisors within the meaning of
the Act and shall exclude them from the unit."
Construction foreman: The construction foreman was borrowed
from another of the Employer's plants in order that he might direct
special construction work. In this connection, he responsibly directs
a crew of from 12 to 14 employees, assigning them to various jobs,
and effectively recommending changes in their status. Upon these
facts, we find him to be a supervisor and shall exclude him from the
unit."
Operating engineers : The 7 operating engineers run the engines and
turbines at the Employer's 2 powerhouses 3 shifts a day. In this ca-
pacity, they adjust controls, maintain the oil levels, and conduct water
treatment tests. The first shift crew consists of an operating en-
gineer, a fireman, a coal passer, an ash handler, and a repairman. The
second shift crew consists of an operating engineer, a fireman, and
a coal passer, while the third shift crew consists of only an operating
engineer and a fireman.
In support of its contention that the operating engineers are not
supervisors, the Petitioner offered the testimony of a fireman at one
of the powerplants that the operating engineers neither give orders
to nor check the work of powerhouse employees. While admitting that
the operating engineers do, in fact, give instructions, the witness as-
serted that he never follows these instructions unless he considers them
advantageous. He further testified that the departmental superin-
tendent on one occasion told him to disregard an operating engineer's
"Northern Redwood Lumber Company, 88 NLRB 272, 279: Western Equipment Com-
pany, 96 NLRB 1376, 1378; Plastic Moulding Corporation, 112 NLRB 179
12 Jackson Electric Membership Corporation, 106 NLRB 1019, 1020
UNITED STATES GYPSUM COMPANY 1291
orders.13 The departmental superintendent, however, denied that
this was so, and testified that the operating engineers regularly direct
the work of powerhouse employees and have final authority on their
respective shifts with respect to both employees and equipment. He
testified further that the operating engineers are authorized to make
recommendations with respect to promotion, discharge, and discipline,
citing two instances in which operating engineers had effectively
recommended the discharge of powerplant employees, one instance in
which an operating engineer sent a fireman home for reporting to work
in an intoxicated condition, and another in which an operating en-
gineer arranged an extended vacation for a crew member.
Upon the entire record, we find that the operating engineers have
the power to recommend effectively changes in the status of employees
under their direction. Accordingly, we find that they are super-
visors within the meaning of the Act and shall exclude them from
the unit.14
Laboratory employees: In this general classification, there are 21
employees : a chemist, a chief tester, and 19 testers. All are under the
supervision of the quality department superintendent and four sal-
aried quality supervisors. The chemist works in the main laboratory.
He tests alum and gypsum rock and does core analyses on other ma-
terials shipped from the Employer's various other plants. Although
he is not college trained, he has had at least 25 years' experience in this
type of work. The quality department superintendent testified that it
would take at least 1 year to train a high school graduate to do the
work of the chemist and that if it were necessary to replace the chemist,
a college degree would be required of the replacement. The chief
tester also works in the main laboratory, and conducts competitive
tests on the products of other companies. Although he is in charge
of an A tester, and during special tests, various other employees, he
has made no recommendations concerning changes in their status.
While testing methods are formulated by the quality superintendent,
and regular bulletins thereon are distributed, the chief tester conducts
tests on materials which have no definite standards and which re-
quire that he use his own judgment in developing methods. The 19
testers work in both the main laboratory and the departmental labora-
tories. They perform the usual functions of such employees, con-
ducting tests on the products of the various departments, using scales,
beakers, and various other laboratory equipment. Although some
of the department heads have a voice in their hiring and promotions,
the testers are required to conduct tests even though expressly for-
bidden to do so by one of the department heads. Although we do not
'- This witness admitted that he was informed by the departmental superintendent that
his promotion to fireman was based upon the recommendation of an operating engineer.
14 Neches Butane Products Company, 107 NLRB 1098, 1099; Florence Stove Company,
106 NLRB 664 , footnote 1.
1292 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
find that the 'chemist is a professional employee, nor that the chief
tester is a supervisor, it does appear that their work, as well as that
of the 19 testers, is of a technical nature. In view of this fact and in
accordance with our previous decisions regarding similar employees at
other plants of the Employer, we shall exclude the laboratory em-
ployees from the production and maintenance unit.15 However, inas-
much as the Petitioner has, in the alternative, requested a separate
unit of laboratory employees, we find such a unit appropriate and
shall direct an election therein. 1.6
Storeroom employees : The purchase order clerk, assistant store-
keeper, stores clerk, and stockman work in the storeroom under the
immediate supervision of the storekeeper.'7 Although it is under the
overall supervision of the general office supervisor, the storeroom is
located in a separate building approximately 600 feet from the office
building and 300 feet from the production area, and contains such
items as nails, brooms, bolts, light bulbs, angle iron, lumber, pipe, and
soil drums, for which the production departments submit requisitions
and withdraw supplies. The purchase order clerk, assistant store-
keeper, and stockman handle requisitions and orders, issue and receive
materials, and maintain inventory controls. The stores clerk checks
freight bills on incoming shipments, makes out freight reports, issues
drafts in payment, and does general typing and filing work. Store-
room employees enter the production area to check stored items for
inventory purposes and production employees enter the storeroom to
assist in removing heavy items. Although the storeroom employees
are thus in contact with the production employees, there appears to
be no contact whatsoever between the storeroom employees and the
office clerical employees. Upon the foregoing facts, we find that the
duties of the storeroom employees are those of plant clerical' em-
ployees.18 We shall include the storeroom employees in the unit.
Upon the entire record in this case, we find that the following em-
ployees of the Employer at its Gypsum, Ohio, plant constitute units
appropriate for the purposes of collective bargaining within the mean-
ing of Section 9 (b) of the Act : 19
(1) All production and maintenance employees at the Employer's
Gypsum, Ohio, plant and mine, including inspectors, powerhouse em-
ployees, truckdrivers, sink float keymen, construction workers, and
plant clerical employees, but excluding office clerical employees,
15 United States Gypsum Company, 92 NLRB 18; 85 NLRB 9, 81 NLRB 310; 80 NLRB
779; 79 NLRB 1059; 79 NLRB 536
1e United States Gypsum Company, 114 NLRB 523 ; 79 NLRB 194, 195.
"a The parties agree to the exclusion of the storekeeper in view of his supervisory
authority.
18 Filtrol Corporation, 109 NLRB 1071 , 1074; ef. Tri-State Culvert & Manufacturing
Company, 96 NLRB 1208, 1210. '
1a Apart from the disputed categories considered above, the inclusions and exclusions
listed hereinafter are not in issue
THE CONNECTICUT BANK AND TRUST COMPANY 1293
guards, professional employees, technical employees, and supervisors
as defined in the Act.
(2) All laboratory employees at the Employer's Gypsum, Ohio,
plant excluding supervisors as defined in the Act, and all other em-
ployees.
[Text of Direction of Election omitted from publication.]
MEMBERS MURDOCK and BEAN took no part in the consideration of
the above Decision and Direction of Elections.
The Connecticut Bank and Trust Company ,and Building Service
Employees International Union , AFL, Petitioner . Case No.
1-RC-4 19. December 5,1955 -
DECISION AND DIRECTION OF ELECTION
Upon a petition duly filed under Section 9 (c) of the National
-Labor Relations Act a hearing was held before William I. Shooer;
hearing officer. 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-member panel [Chairman Leedom and-Members
-Peterson and Rodgers].
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 Sec-
tion 9 (c) (1) and Section 2 (6) and (7) of the Act.
4. The following employees of the Employer constitute a unit ap-
propriate for the purposes of collective bargaining within the mean-
1 Although the Employer does not contest jurisdiction herein , it seeks a Board determina-
tion of the question The Employer is a Connecticut corporation engaged in general
commercial banking business It has 21 branch banks in Connecticut with total deposits
in excess of $300,000 ,000 The annual volume of checks sent by it to out-of-State banks
for collection exceeds $15, 000,000 in value . As it appears that the Employer has direct
outflow in excess of $50,000 annually , we find that it is engaged in commerce within the
meaning of the Act. Jonesboro Crain Drying Cooperative, 110 NLRB 481, 483; American
National Insurance Company, 111 NLRB 340. The Employer's main place of business
is located in the 17-story office building involved herein The Employer occupies approxi-
mately 55 percent of the total usable space in the building in conducting its banking
activities As the office building involved in this case is owned and operated primarily
for the use in its own operations by the Employer which itself is engaged in interstate
commerce , we find that it will effectuate the policies of the Act to assert jurisdiction
herein Cf. Mc%vnney Avenue Realty Company, 110 NLRB 547, 549.
114 NLRB No. 200.