United States Steel Corp.

National Labor Relations Board - Board Decisions

Dec 30, 1970

187 N.L.R.B. 522 (N.L.R.B. 1970)

522 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
United States Steel Corporation , Employer-Petitioner
and United Transportation Union
United States Steel Corporation and Union No. 11,
United Association of Iron , Steel and Mine
Workers, Petitioner . Cases 10-UC-24 and
10-UC-25
December 30, 1970
DECISION AND ORDER
BY CHAIRMAN MILLER AND MEMBERS
FANNING AND JENKINS
Upon petitions duly filed under Section 9(b) and (c)
of the National Labor Relations Act, as amended, a
consolidated hearing was held before Hearing Officer
H. Carlton Bryan, Jr. Following the hearing and
pursuant to Section 102.67 of the National Labor
Relations Board Rules and Regulations and State-
ments of Procedure, Series 8, as amended, these cases
were transferred to the National Labor Relations
Board for decision by direction of the Regional
Director for Region 10. Briefs have been filed by each
of the Unions' and the Employer.
Pursuant to the provisions of Section 3(b) of the
National Labor Relations Act, as amended, the
National Labor Relations Board has delegated its
powers in connection with this case to a three-member
panel.
The Board has reviewed the Hearing Officer's
rulings made at the hearing and finds that they are
free from prejudicial error. They 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 and it will effectuate the
purposes of the Act to assert jurisdiction herein.
2. The labor organizations involved claim to
represent certain employees of the Employer.
3. No question affecting commerce exists concern-
ing the representation of certain employees within the
meaning of Sections 9(c)(1) and 2(6) and (7) of the
Act.
The Employer operates an in-plant railroad system
at its Fairfield Works in Birmingham, Alabama. The
employees on this system are currently represented by
the three Unions involved herein in three different
units: The engineers and firemen by the UTU; 2 the
conductors by the Steelworkers; 3 and the switchmen
by Local 11.
i The United Steelworkers (hereinafter Steelworkers ) intervened in both
cases Union No 11, United Association of Iron , and Steel and Mine
Workers (hereinafter Local 11), the Petitioner in Case 10-UC-25,
intervened in Case 10-UC-24, and the United Transportation Union
(hereinafter the UTU) the Union in Case 1O-UC-24 intervened in Case
10-UC-25
2 Formerly the Brotherhood of Locomotive Firemen and Enginemen
The Employer, in its petition, asked that the newly
created position of train operator (hereinafter opera-
tor) be added to the unit currently represented by the
UTU. The UTU supports the position stated in the
petition. Local 11, in its petition, asks that the newly
created position of train operator helper (hereinafter
helper) be added to the unit it currently represents.
The Steelworkers asks that both petitions be dis-
missed on the basis that both the operator and the
helper classifications constitute an accretion to the
unit it represents. Each of the three Unions has
indicated that it is willing to represent both classifica-
tions in the unit it represents.
Formerly, and for the most part currently, the train
crews at the Employer's plant varied in size from five
to three members with at least one member from each
of the bargaining units on each crew.4 In December
1968 the Employer automated some of its trains and
reduced the size of the crew on automated trains to
one operator and one helper. In doing so the
Employer reassigned the functions performed by
members of the manual operation crew so that all
functions could be performed by this two-man crew.
On a manually operated train, the engineer's work
consists of operating and making routine mainte-
nance checks of the locomotive. The fireman, if there
is one on the run, assists the engineer in performing
his duties on the locomotive. Firemen normally
progress to engineers after 3 years as firemen and after
taking the engineer's examination. The switchman
operates on the ground, coupling and uncoupling
cars, connecting and disconnecting air hoses, throw-
ing and lining up switches, and signaling and passing
signals to the engineers. The conductor is in charge of
the crew and must also perform the same switching
functions as does the switchmen.
Under manual control the normal progression is
from switchman to conductor. All conductors are also
switchmen and are included on both the conductors'
seniority roster and the switchmen's seniority roster.
Employees qualified as conductors may work as
conductors on some occasions and as switchmen on
others.
Under remote control the operator operates the
locomotive using a remote control device, commonly
called "a little black box," which is strapped to him. In
addition, he is in charge of the crew and performs
switching functions identical to those performed
formerly by conductors and switchmen. The helper
performs the greater part of the manual labor
The fireman classification is gradually being eliminated through attrition
3 As part of the larger production and maintenance unit
9 A five-man crew consisted of an engineer , fireman , conductor, and
two switchmen , a four-man crew consisted of an engineer, fireman,
conductor. and switchman, and a three -man crew consisted of an engineer,
conductor, and switchman
187 NLRB No. 49
UNITED STATES STEEL CORP. 523
involved in the switching operation. Even though the
operator is in charge of the crew, as a practical matter
where the helper is also a conductor and is more
familiar with the particular area in which they are
operating, the operator follows the helper's directions.
The Employer selected its present operators from
among the employees on the fireman-engineer's
rosters. It selected its present helpers from among
employees on the switchmen's roster.5 Both the
operators and the helpers were given approximately 2
weeks' training in their respective functions.6 Current-
ly there are 90 to 100 qualified operators and 65 to 75
qualified helpers.
There is some dispute as to the amount of training
which would be required to train a switchman or
conductor to become an operator. A UTU witness
contended that an operator would need at least 3
years as a fireman to be able to qualify as an operator
(the same as to qualify as an engineer) whereas
employer and Steelworkers witnesses contended that
a switchman-conductor could be adequately trained
as an operator within 4 weeks.?
At present there are two remote control locomotives
and they take approximately 15 percent of the total
runs.8 The Employer states that, after evaluation, it
intends to extend remote control to additional runs
over and above those which are to be taken by the two
additional remote control locomotives it will receive
shortly.
The parties also presented a great deal of evidence
with respect to the racial composition of the present
units. The UTU represented unit is all white.9 The
conductors' unit is racially mixed, as is the remainder
of the production and maintenance unit. However,
because of past discrimination, the white conductors
are at the top of the seniority roster and the black
conductors are at the bottom. The switchmen's unit is
mixed, but the Local 11 membership is entirely
black.10 The Steelworkers questions the effectiveness
of Local 11 as a bargaining agent and points to the
fact that, in the past, Local l1's contract with
Employer was negotiated immediately after the
Steelworkers contract and was closely similar in its
provisions.1 t
This case thus requires the application of our unit
placement guidelines where automation has not only
resulted in a reduction in the size of the crew but also,
of necessity, in substantial realignment of the func-
tions of the crewmembers. We note, first, that there
are no longer any clearly functional job classifica-
tions. On the contrary, the functions of the crewmem-
bers now overlap substantially: both members of the
crew operate from the ground and both perform the
same switching and related manual tasks. This
overlap, in our view, results in a much closer
community of interest between operator and helper
than exists among crewmembers under manual
operation. Adding to this closer community of
interest is the fact that Employer intends to establish a
line of progression from helper to operator. The fact
that it takes as little as 4 weeks to train employees in
the automated operation of locomotives 12 indicates
that helpers will ordinarily have little difficulty in
acquiring the skills necessary for promotion. All of
this suggests, and we find, that employees assigned to
these new classifications have such a close community
of interest that they should be placed in the same
bargaining unit.
Having determined that the two classifications
belong in the same unit we now must determine in
which unit they belong. As the functions of these two
classifications are the same as, or substitutes for,
functions performed by the various members of the
crew under manual operation, and as the employees
who have been trained to do the work of these new
5 All conductors are included on the Switchmen's roster. Both
conductors and switchmen bid for and were selected to fill the helper
position.
6 The training was essentially the same except that the helpers did not
operate the "box" and were not required to take an examination.
7 Operators are required to operate the locomotive manually when the
remote control device fails. (Remote control equipment is operated
manually approximately 15 percent of the time.) The Employer states that
conductors and switchmen could be trained to perform the manual
operation within 4 weeks . In addition , at least a three -man crew is
necessary to operate manually. This requires some time delay to send for a
third man and there is nothing to indicate that an engineer could not be
sent out as fast as a switchman or conductor. There was some dispute as to
the difficulty of operating the locomotive pulling a train on a main line run
as opposed to operating it in the yard. Currently, approximately 65 percent
of Employer's runs are yard runs (including all of the remote control runs)
and 35 percent are main line runs (with Employer indicating that he
expects to use remote control on these runs when it receives the two
additional locomotives now being converted to remote control). The
difference between the two types of runs is that on a main line run it is
necessary to control the "slack" action (the control of the play between the
cars by proper braking). The Employer's estimate that it would take 4
weeks to train a conductor or switchman to become a train operator did
not exclude main line runs , however.
8 A run is one 8-hour shift. Approximately 5 percent of the remaining
runs have 5-man crews, approximately 45 percent have 4-man crews, and
approximately 35 percent have 3-man crews.
9 The UTU's national membership includes blacks. Prior to the March
24, 1968, agreement between the Employer and the UTU on the
elimination of firemen , some black employees were training as firemen.
However, under the agreement employees with little seniority were not
given job protection. As a result of this provision all unprotected
employees , including all of the blacks and some whites , were discharged.
The UTU states that it is willing to represent both blacks and whites
without discrimination.
10 At one time I I white employees belonged to Local 11, but all have
since resigned their membership . At least some of the II are still working
within the unit. Local II actively solicits white switchmen to become
members of its organization.
11 No one questioned Local It's status as a functioning labor
organization.
12 Employer's statement that only 4 weeks is required to train a train
operator helper to become a train operator is supported by the fact that
Employer has trained employees to perform these functions in that length
of time at some of its other locations.
524 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
classifications are drawn from all three units, each of
the Unions presents a substantial claim that the new
classifications belong in the unit it represents. With
full knowledge of the difficulties presented by this
situation we have carefully considered and balanced
the various factors. We conclude that the new
classifications most properly constitute an accretion
to the unit represented by the Steelworkers.
We base our finding on the following major
considerations:
1. The employees in the new classification of
operator perform three basic functions: directing the
crew, operating the locomotive, and switching. Help-
ers are primarily engaged in switching duties but may,
in addition, be called upon to direct the crew or
undergo training in operation of the locomotive. Each
function is essential and no one of them is of sufficient
importance to dominate the other two.13 Under
manual operation only the conductors perform more
than one of these functions: they not only direct the
crew but also perform switching functions. Thus, the
Steelworkers is the only representative which has
represented dual-function employees.
2. Under automation the degree of skill required
to perform at least some of these functions has
decreased from what was required under manual
operation. Conversely, however, each operator or
helper must master a broader range of skills. The
result of the lowering but broadening of the overall
skill requirement is that employees assigned to these
13 The UTU contends that operation of the locomotive is relatively
more important as it requires the greater degree of skill However, the
evidence that an operator can be trained to Employer's satisfaction in as
classifications now have an increased community of
interest with other production and maintenance
employees who are similarly skilled. Principally on
the basis of these two factors we conclude that the two
new classifications constitute an accretion to the
production and maintenance unit represented by the
Steelworkers.
On the basis of present practice at the plant, we
expect the practical effect of this determination to be
that the Steelworkers will bargain on behalf of
operators and helpers for such time as they are
working in these classifications, in the same manner
as they now bargain on behalf of conductors who
work only part time in that classification. We expect,
further, that employees who work only part time as
operators and helpers and who are assigned as
switchmen, engineers, or firemen during their remain-
ing work time will continue to be represented for such
remaining time in units to which these latter classifi-
cations respectively belong.
As we have found that the operator and helper
classifications constitute an accretion to the unit
represented by the Steelworkers, we shall dismiss the
petitions herein.
ORDER
It is hereby ordered that the petitions filed herein be,
and they hereby are, dismissed.
little as 4 weeks indicates that the additional skill required to operate a
locomotive under these circumstances does not invest this function with
dominating importance