United States Gypsum Co.

National Labor Relations Board - Board Decisions

Oct 18, 1955

114 N.L.R.B. 523 (N.L.R.B. 1955)

UNITED STA'T'ES GYPSUM COMPANY 523
area' It has also held that the fact that the administrative division
may cross State lines and cover communities in more than one State
does not alter the appropriateness of the unit.3
It is clear that the four stores sought by the Petitioner do not com-
prise a complete geographical or administrative subdivision, nor do
they on any other basis appear to constitute a separate appropriate
bargaining unit.4 In view of these facts and the history of collective
bargaining on a branchwide basis, we are of the opinion that a unit
confined to the four Connecticut stores here sought is inappropriate.
Accordingly, as the Petitioner does not seek an election in the branch-
Aide unit and it does not appear that the Petitioner has made a suf-
ficient showing of interest in this broader unit, we shall grant the
Intervenor's motion to dismiss the petition.
[The Board dismissed the petition.]
'Jewel Food Stores, 111 NLRB 1368; Sparkle Markets ` Company, 113 NLRB 790; The
Great Atlantic d Pacific Tea Company, 99 NLRB 1500; Safeway Stores, Incorporated,
96 N.LI113 998
$ Cretan Drug Company, 148 NLRB 1126.
` Kroger -Company (St. Louis Branch Office), 88 NLRB 194.
United State's Gypsum Company and Local 160, United Cement,
Lime and Gypsum Workers International Union, AF;L, Peti-
tioner. Case No. 'O-RC-20813. Oetcber 18, 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 Shirley N. Bingham, 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) and Section 2 (6) and (7) of the Act.
4. The parties agree that all production and maintenance employees
at the Employer's mining plant at Sigurd, Utah, including inspectors,
but excluding the works manager, the storeroom clerk and other office
'The hearing officer referred to the Board the Petitioner's motion, in which the
Enx"er acquiesced, that the petition -be, amended by substituting the name of the
Pgtitloner's Local for that of its International as the real party in interest. The motion
is°E reby granted.
114 NLRB No. 88.
524 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
employees,, personnel employees, guards, watchmen, and the personnel
superintendent, the quarry superintendent, the mill and packing su-
perintendent, the board plant-superintendent, board plant shift fore-
men, loading, and warehouse foremen, the quality control superin-
tendent, ,the chief tester, the plant engineering superintendent, .the
maintenance foreman, mill and packing foremen, the quarry foreman,
and other supervisors as defined in the Act, constitute an appropriate
bargaining unit.
The parties disagree with respect to the inclusion in the unit of (a)
testers, whom the Petitioner would include, or separately represent, as
technical employees; and (b) certain individuals, discussed below,
whom the Petitioner would include, but whom the ,Employer would
exclude on the ground that they are supervisors. -
(a) Testers
,'The three testers, also known as laboratory employees and as quality
control employees, work under the immediate supervision of the chief
tester,2 who in turn is responsible to the quality superintendent. , Test-
ers spend 75 percent of their time in the laboratory, situated in a build-
ing which also houses the Employer's office and engineering depart-
ment. Their work consists in the performance of physical-and,chemi-
cal, tests on. raw materials in the process of production, on finished
products, on competitive products, and on-claim samples, and includes
interpretations of these tests. In the course of their work, they use
numerous "specialized pieces of laboratory equipment.' Tester appli-
cants, recruited from elsewhere in the plant and from outside sources,
must have at least a high school education and aptitude for the" work
of testers. Proficiency in this work requires a minimum of 3 years of
on-the-job"experience. Testers regularly perform no production or
maintenance work.4 Their work is basically similar to that of testers
atrother similar plants of the Employer. There is no history of col-
lective bargaining for the employees at the Sigurd plant.'
Under these circumstances, we find that the testers at the Employer's
Sigurd'plan't are technical employees within the meaning of the Act
and therefore ineligible for inclusion in a unit of the Employer's pro-. I
( ',The parties agree that the chief tester should be excluded from the unit as a supervisor.
The laboratory equipment includes analytical and general laboratory balances, a muffle
furnace, a drying cabinet, a humidity cabinet, a shadowgraph, a board profile indicator,
alcohol wash equipment, stop watches, and miscellaneous equipment, including Vicat and
Gilmore needles, test tubes, a systometer, beakers, and graduates.
•+ Only in emergencies may testers, with the permission of their supervisors, respond to
calls for, assistance on production operations during regular laboratory shifts , Testers
may perform overtime production work at their own discretion.
6In 1951, the Board certified the Petitioner's International in a unit of production and
maintenance employees, excluding testers, following a Board-ordered election. (Case
No. 20-RC-1339, not reported in printed volumes of Board Decisions and Orders) How-
ever, no contract was executed subsequent to the certification Although a simultaneous
Board-ordered election was held for testers , the Petitioner 's International lost the election.
UNITED STATES GYPSUM COMPANY . 525
duction and maintenance employees, in view of established Board
policy excluding technical employees, from such a unit of broader
scope whenever any party objects to their inclusion.6 We further find
that the testers are entitled to separate representation as an appropri-_
ate unit of technical employees,' and we shall therefore, in accordance
with the Petitioner's alternative unit request, direct a separate election
for testers in that unit.
(b) Alleged supervisors
Board machine men: The board machine, occupying 3 stores of
the main building, is approximately 430 feet long. Its function is to
produce gypsum board, also known as plaster board and wall board,-
by means of a fluid plaster core introduced into the machine between
sheets of paper. There are three board machine men, each of whom
is responsible for the proper functioning of the "wet," or forming, area
of the board machine 8 on their 'respective shifts. They spend 50' per-
cent of their time in manual labor and the "remainder in 'checking on
the operations at the wet end of 'the machine. Board machine men
supply the board machine with the correct' ingredients in 'the proper
amounts, and on each shift direct a supply man in the placement and
alignment of 11/2 ton rolls of'paper on the board machine, and a.mi'x-
ing man in maintaining a uniform mixture of ingredients in .the
machine.
Board machine men work 6 days'a week, as do the shift foremen, their
supervisors: For 1 day each' week ' and 'whenever shift foremen are
absent or on vacation, 2 of the 3 board machine men act as shift fore-
men ; on such occasions, they assume all of the prerogatives, of the shift
foremen , who the parties agree'should be' excluded from the unit as
supervisors. Board machine men have the power effectively to recom-
mend discipline, transfers, and promotions of employees under their
,direction,9 and this power has been exercised.
Gerber Plastic Company 108 NLRB 403 -
° United States .Gypsum Company, 79 NLRB 194' i We find without merit the Employer's
contention that the same labor organization should not be permitted to represent technical
employees and production and maintenance employees, even though in separate units, it
being well established that in determining the qualification of a labor organization, to
represent a given group of employees the desire of the organization to represent the
employees is of controlling importance Trenton Foods , Inc. 101 NLRB 1769 , at page'1770,
and cases cited therein
e The board machine is divided info three parts , known respectively as the wet end,'
the knife and kiln section , and the takeoff section -
Although two of the Petitioner ' s witnesses testified ' on direct examination to the affect
that they had not been informed that they had any powers of recommendation, on cross-
examination they admitted that they were'responsible for the safety and performance of
the men under their directions ; that if " a man did not do his job properly , the machine
man would be blamed and would ' se0 • that somOthing'' were done about it ; and that
machine men were responsible for the operation of the machlub and'the quality of, the
product. , '
526 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
In view of the fact that the board machine men regularly exercise
supervisory powers of effective recommendation and responsible di-
rection in the course of their work, we find that they are supervisors
and shall therefore exclude them from the production and maintenance
unit herein found appropriate.10
The relief machine man relief foreman : There are 3 relief machine
men at the board plant, 2 of whom relieve the machine men 1 day a
week and relieve the machine operators during the remaining 5 days
of their work week. The third relief machine man, herein called the
relief machine man relief foreman, in addition to relieving the board
machine operators, spends 2 days a week as relief foreman during the
2 weeks out of every 6 that he is on the day shift, and 1 day a week as
relief foreman during the remaining 4 weeks that he is on the second
and third shifts. He also acts as relief foreman during the foreman's
2-week vacation period and whenever the foreman is absent or ill. The
average amount of time he regularly spends as relief foreman is 11,
days a week. When acting as relief foreman, he has all the preroga-
tives of the foreman, who the parties agree should be excluded from
the unit as a supervisor, and receives 10 cents an hour more pay.
=- In view of the fact that,the relief machine man relief foreman ex-
ercises the supervisory powers of a foreman for substantial periods of
time in the regular course of his work, we shall exclude him from the
unit as a supervisor."
The grain board machine man: The grain board machine man directs
the work of 7 or 8 men in the operation of the grain board machine,
used in the production of insulated board.12 He schedules the grain
board machine operation, relays orders to the men, and is responsible
for the quality of the product and the operation of the machine. He
spends about 20 percent of his time in physical work and the remainder
in directing the grain board machine operation. He receives 24 cents
an hour more than the employees under his direction. There is uncon-
tradicted evidence that he has the authority effectively to recommend
discharges, discipline, and merit increases.
We find that the grain board machine man is a supervisor and shall
therefore exclude him from the unit.13
The shovel operator relief foreman: At the Employer's 2 quarries,
the shovel operator relief foreman spends 50 percent of his time operat-
ing the power shovel, and the remainder in directing a crew of up to
10 United States Gypsum Company, 112 NLRB 1217.
n General Electric Company, 109 NLRB 2
12 The grain board crew regularly consists of four men who unload the store materials
under the direction of the grain board machine man, whenever the grain board machine
is not in operation . When the machine is in operation , these men are supplemented by
four employees from other departments.
zs See footnote 10, supra.
UNITED STATES GYPSUM COMPANY 527
5 employees, including a dozer operator, a truckdriver, and 3 drillers.
He is responsible to the quarry general foreman, who the parties agree
should be excluded from the production and maintenance unit as a
supervisor. On alternate Saturdays, at which times the foreman is not
present, he acts as relief foreman, with all of the latter's prerogatives;
on the other Saturdays, when the foreman is present, he acts as re-
lief foreman for 4 hours. He also substitutes for the foreman during
the latter's absences and vacations. Whenever he acts as relief fore-
man he receives 10 cents an hour additional pay. The shovel operator
relief foreman is responsible for seeing that the quarry trucks are
loaded with rock of the requisite purity, for the safe performance of
quarry operations, for the proper care of the machinery, and for the
performance of the men under him. He is empowered to recommend
discipline, transfers, discharges, and merit increases, and has been so
informed.
In view of the fact that he assumes supervisory authority during
regular, periods of his work, and in further view of the responsible
nature of his power of direction, we find that the shovel operator re-
lief foreman is a supervisor, and we shall exclude him from the unit.l"
The mechanic A relief foreman: In the maintenance department
are 14 employees, including 11 mechanics, classed as A, B, C, and
D mechanics. The mechanic A relief foreman is responsible for,the
operation of the maintenance department during the regular ab-
sences of the maintenance foreman on Saturdays and during the Tat-
ter's vacation and emergency absences; at such times, he assumes the
relief foreman's supervisory prerogatives. The parties agree that
the maintenance foreman is a supervisor. In his capacity as main-
tenance foreman, the mechanic A relief foreman prepares the work
list, schedules work for the following week, and assigns men to their
jobs. During the past year, the mechanic A relief foreman substi-
tuted for the maintenance foreman for 4 successive weeks during the
latter's absence on a construction job, and for 3 weeks when the
foreman was ill. Even when the maintenance foreman is present, the
mechanic A relief foreman is responsible for the efficient perform-
ance of the mechanics whenever the foreman is otherwise occupied.
Whenever he acts as relief foreman, he receives 8 cents an hour extra
pay. He is authorized to recommend discipline, transfers, promo-
tions, discharges, and merit increases and, at least with respect to the
latter, his recommendations are ordinarily followed. No employee
is assigned to the maintenance department over his objection.
In view of the regularity of his assumption of the authority of a
supervisor, and of the responsible nature of his power of direction,
24 See footnote 11, supra.
528 DECISIONS OF NATIONAL' LABOR RELATIONS BOARD
we find that the mechanic A relief foreman is a supervisor, and we-
shall therefore exclude him from the unit."
The plant electrician: The plant electrician is responsible for all
electrical work at the plant, including repairs, alterations, routine
maintenance, and new installations, including layouts and drawings
in connection therewith. He orders materials at his own discretion.
He is regularly in charge of a class C mechanic, whose work he com-
pletely schedules and directs. Once a month or oftener, as needed,
he secures up to two additional men to aid on new installations and on
other occasions when the plant is down. The choice of men to work
under him is entirely subject to his approval, and he directs their
work and is responsible for their performance. He spends approxi-
mately 50 percent of his time in the performance of electrical work
and the remainder, in planning, employee direction, and layout work.
On one occasion, the plant electrician successfully recommended the
class C mechanic for a merit raise. He is a salaried employee.
In view of his apparent power of effective recommendation and
the responsible nature of his power of direction over subordinates,
we find that the plant electrician is a supervisor,16 and we shall there-
fore exclude him from the unit.
Accordingly, we find that the following groups of employees of the
Employer at its plant at Sigurd, Utah, constitute appropriate collec-
tive-bargaining units within the meaning of Section 9 (b) of the
Act :
A. All testers, ' excluding all ' other employees and the chief tester
and other supervisors as defined in the Act.
B. All production and maintenance employees, including inspec-
tors, but excluding testers, the works manager, the storeroom clerk,
and other office employees, personnel employees, guards, watchmen,
board machine men, the relief machine man relief foreman, the grain
board machine man, the shovel operator relief foreman, the mechanic
A relief foreman, the plant electrician, the personnel superintendent,
the quarry superintendent, the mill and packing superintendent, the
board plant superintendent, the board plant shift foreman, loading
and warehouse foremen, the quality control superintendent, the chief
tester, the plant engineering superintendent, the maintenance fore-
man, mill and packing foremen, the quarry foreman, and all other
supervisors as defined in the Act.
[Text of Direction of Elections omitted from publication.]
w Footnote 11, supra.
30 Footnote 11. supra