Woodward Iron Co.

National Labor Relations Board - Board Decisions

Nov 26, 1956

116 N.L.R.B. 1639 (N.L.R.B. 1956)

WOODWARD IRON;COMPANY, _ r}_ ,,,^ r ,1639,
Woodward Iron, Company and United Steelworkers of America,
AFL-CIO, Local 1099, Petitioner . Case "No. X-R-23. November.
26,1956'
DECISION CLARIFYING CERTIFICATION OF
REPRESENTATIVES
,On May ,1'1, 1937; the Acting Regional Director for the Tenth Re-
gion' issued ' a certification, -in which • the Petitioner's predecessor,
Ainalgamated' Association "of Iron; Steel and Tin Workers `of North
America;,',- 'was ' certified as the ' bargaining representative • of the
employees, - of' - the Employer's blast furnace and transportation
departments.
On June -19; 1956, the Employer filed a motion for clarification of
certification in which ' it requested the Board to clarify, modify, or
amend' the' '1937 certification by excluding employees designated ' as
"trestle laborers" from the unit, or, in the alternative, 'by specifically
including "said 'employees in -the 'unit. ' On June 25, 1956, the Em-
ployer filed a memorandum in support of its motion.
On 'June 27,-"1956, the Petitioner' filed a response to the Employer's
motion for clarification requesting-that the motion be denied, or, in
the alternative, that the Board declare that the collective-bargaining
statics quo existing over many years be'maintained.
On 'June 28,' 1956, ' after duly considering the matter, the Board
ordered a hearing to be held for the purpose of taking testimony
with'respect to the unit placement of "trestle laborers."
Pursuant to notice a' hearing was . held,before Philip B. Cordes,
hearing officer. All parties were represented, participated in the
hearing, and were afforded full' opportunity to be heard, to examine
and cross-examine witnesses, and to'introduc'e evidence pertinent to
the 'issues involved. 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:
The Employer is engaged in the manufacture of steel and coal by-
products in Woodward, Alabama. This proceeding concerns only
three of the principal divisions of the Employer's operations, namely,
the blast furnace plant (herein called the furnace plant) ; the trans-
portation department; and the byproducts plant (herein called the
coke plant). As indicated, the Petitioner's predecessor was certified
in 1937 as the bargaining representative of employees in the furnace
plant and transportation department, and since then either the Peti-
tioner's predecessor or the Petitioner has represented these employees.
District 50, United Mine Workers of America, herein called the
UMW, has represented the employees of the coke plant for more than
a dozen'years.
116 NLRB No. 238.
'1640 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The furnace plant is engaged in the steel manufacturing process.
The coke plant is engaged in processing coal into coke, and in ac-
cumulating the resulting byproducts. The 2 plants are separated
by about 1 mile. A private railroad runs between the coke- plant and
the furnace plant. The railroad is operated by employees of the
transportation department.
Located within the boundaries of the coke plant are 3 coal bins, 1
of which is for fine coal. Raw coal is transported in coal cars from
the Employer's coal mine to the raw coal bins. It is at this point
.that the employees here in question, the "trestle laborers ," are en-
gaged in the operation of transferring coal from the coal cars to the
raw coal bins.
At the time of the 1937 certification there were no employees desig-
nated as "trestle laborers." It was then the duty of the switchman,
a member of the train crew, to open the doors of a coal car to allow
the coal to flow out. To empty the car completely, the locomotive
would move back and forth, thus shaking the car and expediting the
flow of coal.
In 1948, the Employer erected the fine coal bin referred to herein-
above. The Employer, also,installed a new "shake-out". device,at this
bin. The "shake-out" device is suspended on a monorail over the rail-
road tracks and, when operated, is lowered on to the coal cars by a
crane; electric current is then turned on which causes the car to
vibrate, thus shaking the coal from the car. This new equipment
accordingly makes it unnecessary to use a locomotive in emptying
the cars. After its installation the new equipment was operated by
employees of the coke plant.. However, the doors of the coal cars
continued to be opened by the switchmen, and the operations at the
other two bins were continued as before.
In 1952, at the request of the Petitioner, the Employer hired new
employees who were given the duty of opening the doors of the coal
cars at the bins, and thus the switchmen were relieved of such duties.
These new employees were originally called "door winders," but
are presently referred to as "trestle laborers."
In November 1954, the Employer installed additional "shake-out"
equipment at the other two coke plant coal bins, and also installed a
cable hoist which is used to move the cars from one bin to another.
The need for the locomotive, except in spotting the cars initially,
was thus eliminated. The Employer's officials testified that except
in emergencies the cable hoist was used at all times to spot the 'cars
over the bins and to move them along the trestle.' Also in 1954 the
3 The Petitioner introduced evidence tending to contradict the testimony of the Em-
ployer's officials that the cable hoist was used "at all times " Such evidence was apparently
introduced to show that the installation of the cable hoist did not materially, alter the
duties of the "trestle laborers "
WOODWARD IRON COMPANY 1641
operation of the "shake-out" equipment at all three bins, as well as
the operation of the new cable hoist, was assigned to the "trestle'
laborers." Thus at the present time the entire operation of trans-
ferring coal from the coal cars to the bins at the coke plant is per-
formed by "trestle laborers."
The record indicates that an unloading operation similar to that
performed at the raw coal bins at the coke plant also occurs at the-
furnace plant. This operation, also, is performed by "trestle laborers."
There are approximately 36 "trestle laborers" who perform the un-
loading operations at the coke and furnace plants. However, these'
employees are not permanently assigned to any particular location,,
but may be assigned to work at either of the two plants.
All "trestle laborers" are carried on the payroll of the transporta-
tion department. They report to work at the furnace plant gate
where they punch their timecards. Their work schedules are also°
prepared by the transportation department. If they are assigned to,
work at the coke plant, they ride to work on a transportation depart-
ment locomotive and return in the same manner. The supervision of
the" "trestle laborers" at the coke plant is not clear from the record.
The Employer's officials testified that the "trestle laborers" are as-
signed to work at the coke plant by the yardmaster of the transporta-
tion department, who instructs them when necessary, but that they
are directed "mostly" by the coal washer foreman who is present at
their work location. There was other testimony, however, introduced
by the Petitioner, that these "trestle laborers" at the coke plant are
instructed by the conductor of the train and are not supervised by the
coal washer foreman.
Since 1937, all employees, who have performed the function of un-
loading coal cars at the coke plant, whether deemed to be switchmen,.
door winders, or "trestle laborers," have been represented by the Peti-
tioner's predecessor or the Petitioner.
There are certain transportation department employees whose duties
require that they spend all, or most, of their, working time within the
limits of the coke plant. They are track repairmen, mobile crane op-
erators, bulldozer operators, car inspectors, weight-masters, and car
oilers. It also appears that certain transportation department em-
ployees, who are engaged in a so-called "coke run," and others engaged
in a so-called "coal run," spend about 100 percent and 75 percent of
their time, respectively, working in the coke plant. These trans-
portation department employees are represented by the Petitioner.
The record shows that the unit placement of only those "trestle
laborers" who work in the coke plant is here in issue, there being no
dispute as to the representation of "trestle laborers" who work in
the furnace plant.
1642 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The UMW contends that the "trestle laborers" who work in the
coke plant are properly part of its coke plant unit because of the
duties performed by these employees, the place in which they work,
and because they do not have interests in common with other trans-
portation department employees. The Petitioner contends that the
"trestle laborers" here in question are now, and have always been, a
part of its bargaining unit. The Employer stated that its position in
this proceeding is neutral.
It is apparent from the foregoing, that the "trestle laborers" at the
coke plant perform their duties within the boundaries of the coke
plant and work with equipment permanently installed there. It is
also clear that these employees are sometimes supervised by coke
plant supervision. These factors are indicative of their exclusion
from the certified unit.
However, there are other factors which, in our opinion, are more
persuasive, and which indicate a contrary conclusion. These are:
(1) The "trestle laborers" were originally added to the Employer's
complement of employees upon the Petitioner's request; (2) the
"trestle laborers" are a part of the Employer's transportation depart-
ment and are carried as such on the payroll; (3) the frequent as-
sociation of the "trestle laborers" with other employees of the trans-
portation department; (4) the part-time supervision of the "trestle
laborers" and the assignment of their work by transportation depart-
ment personnel; (5) the fact that the duties presently performed by
the "trestle laborers" are for the most part an extension of the duties
performed in the past by the switchmen, who were within the original
certified unit; (6) the fact that transportation department employees,
other than "trestle laborers," work in the coke plant and are repre-
sented by the Petitioner; and (7) the very important fact that "trestle
laborers" are not assigned permanently to the coke plant installation,
but instead are rotated as a group between that installation and the
furnace plant installation. In view of such factors we are constrained
now to hold that the unit placement of the "trestle laborers" is prop-
erly within the unit currently represented by the Petitioner.
Westinghouse Electric Corporation and International Union of
Electrical , Radio and Machine Workers, AFL-CIO, Petitioner.
Case No. 2-RC-8287. November 26,1956
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 Clement P. Cull, hear-
ing officer. The hearing officer's rulings made at the hearing are free
116 NLRB No. 240.