American Bridge Co.

National Labor Relations Board - Board Decisions

Mar 21, 1946

66 N.L.R.B. 995 (N.L.R.B. 1946)

Ili the Matter of AMERICAN BRIDGE COMPANY and TECHNICAL &
CLERICAL EMPLOYEEs AMERICAN BRIDGE Co. OF AMIIRIDGE PLANT.
AFFILIATED WITH NATIONAL FEDERATION OF SALARIED UNIONS
Case No. 6-R-1264.-Decided March 21, 1946
Messrs. John C. Irwin and J. L. Davidson. Jr., of Pittsburgh, Pa.,
for the Company.
Messrs. H. C. Jones and B. F. Ilammerk, of Edgeworth, Pa., for
the Union.
Mr. John J. Brov,nlee, of Pittsburgh, Pa., and Mr. Manuel Wood.
of Ambridge, Pa., for the C. I. O.
Mr. C. C, Kessler, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE (SASE
Upon a petition duly filed by Technical & Clerical Employees
American Bridge Co. of Ambridge Plant, affiliated with National
Federation of Salaried Unions, herein called the Federation, alleging
that a question affecting commerce had arisen concerning the repre-
sentation of employees of American Bridge Company, Ambridge,
Pennsylvania. herein called the Company, the National Labor Re-
lations Board provided for an appropriate hearing upon due notice
before Joseph Lepie, Trial Examiner. The hearing was held at
Pittsburgh, Pennsylvania, on January 3, 1946. The Company, the
Union, and United Steelworkers of America, C. I. 0., herein called
the C. I. 0., appeared and participated. All parties were afforded
full opportunity to be heard, to examine and cross-examine witnesses,
and to introduce evidence bearing on the issues. At the hearing the
C. I. O. moved that, in the event an election is directed, the Federa-
tion be designated on the ballot with the words "American Bridge
Company of Ambridge Plant" deleted from its name. The Trial
Examiner referred the motion to the Board. For reasons appearing
in Section V, infra, this motion is denied. The Trial Examiner's
rulings made at the hearing are free from prejudicial error and are
66 N. L . R. B., No. 123.
995
996 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
hereby affirmed. _111 parties were affiorded opportunity to file briefs
with the Board.
Upon the entire record in the case, the Board makes the following:
FIN-111-NMI, OF FACT
1. THE BUSINESS OF THE COMPANY
American Bridge Company is a New Jersey corporation. We are
here concerned with its Ambridge Plant at Ambridge, Pennsylvania,
where it is engaged in the fabrication of structural steel for the
manufacture of bridges, buildings, towers, and other structures.
During the year 1945, the Company purchased for use at its Ambridge
Plant raw materials valued in excess of $1,000,000, of which approxi-
mately 25 percent represented shipments from points outside the
Commonwealth of Pennsylvania. During the same period the Coin-
pany manufactured at its Ambridge Plant finished products valued
in excess of $1,000,000, 80 percent of which represented shipments
to points outside the Commonwealth.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
Technical & Clerical Employees American Bridge Co. of Ambridge
Plant is a labor organization affiliated with National Federation of
Salaried Unions, admitting to membership employees of the Company.
United Steelworkers of America is a labor organization affiliated
with the Congress of Industrial Organizations, admitting to member-
ship employees of the Company.
III. TILE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the Federation
as the exclusive bargaining representative of its clerical and technical
employees.
A statement of a Board agent, introduced into evidence at the
hearing, indicates that the Federation represents a substantial number
of employees in the alleged appropriate unit.'
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
1 The Field Examiner reported that the Federation submitted 172 cards ; that 156 of
these cards bore the names of employees listed on the Company 's pay roll of October 29,
1945; that the cards were undated ; and that there are approximately 365 employees
in the alleged appropriate unit. Ile further reported that the C I. O. submitted 57
cards, and that one of the cards bore the name of an employee listed on the Company's
pay roll of the same date. The C . I. O. is also relying on its May 2, 1945, contract with
the Company , which it alleges covers several of the categories in issue in this proceed-
ing, as proof of its interest in this proceeding . ( See footnote 3, infra.)
AMERICAN BRIDGE COMPANY
• IV. THE APPROPRIATE U"N ITS
997
The Federation seeks two separate units at the Company's Am-
bridge Plant, i.e., one consisting of all salaried or clerical employees
with certain specified inclusions and exclusions, and the other con-
sisting of all technical employees with certain specified inclusions
and exclusions.2 The Company and the C. I. 0. are in general
agreement as to the scope and composition of the two units, but
dispute the Federation's proposed inclusion of salaried inspectors
in the technical unit, and the proposed inclusion of countermen and
scale clerks in the salaried or clerical unit on the ground that their
work is more closely identified with production and that they are
already covered by an existing contract between the C. I. 0. and
the Company.3
Salaried Inspectors
The Company employs in all about 30 inspectors; 22 of these are
hourly paid and are admittedly included in the production and
maintenance unit represented by the C. I. 0. There is no dispute
with respect to these 22 employees. The only issue relates to the
remaining 8 inspectors who are salaried and whom the Federation
would include in the technical unit. Both salaried inspectors and
hourly paid inspectors perform the same duties, work the same hours,
and are under the same supervision. None of the inspectors perform
any supervisory or managerial functions. The earnings of these two
groups are approximately the same, due in part to the fact that any
wage increase secured by the C. I. 0. on behalf of the hourly paid
inspectors has been extended to the salaried inspectors.
The Federation would distinguish between the inspectors because
of the difference of their mode of payment. The record discloses in
this connection that the eight salaried inspectors have been with
the Company on a salaried basis since before 1926. At that time,
the Company began hiring inspectors on an hourly wage rate basis
only, a practice which it has since followed. No change was ever
2 The petition alleged as appropriate a unit of all clerical and technical employees. It
was amended at the hearing as shown above.
8 The C. I. 0. was certified on November 2, 1945, by the Board as the representative
of all employees of the Ambridge Plant, excluding , among others , salaried or clerical
employees and technical employees . The present contract between the parties was
executed on May 2, 1945 , and covers , except for specific exclusions , "all employees of the
Company at its Ambridge plant * * * for whom the Union is or may be during the
life of the agreement certified by the National Labor Relations Board as the exclusive
bargaining representative ." It is the position of the C. I. 0. that, although the contract
appears to exclude from its coverage the classification of salaried inspectors , in issue in
this proceeding, it was not the intent of the contracting parties to exclude them from
the contract 's coverage and it is presently functioning as the bargaining representative
of these employees , as well as the countermen and scale clerks who are also sought by
the Federation.
998 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
effected in the mode of payment of these eight employees in ordeh
to safeguard certain privileges, such as the right to payment for
unavoidable absences, which inure only to salaried employees. It
is further apparent from the record, that, although the 1945 con-
tract between the C. I. 0. and the Company expressly excluded
salaried employees,4 the contracting parties view this exclusion as
applied to inspectors as not controlling and consider these salaried
inspectors to be part of the production force and covered in many
respects 5 by the contract. We have repeatedly held that the method
of compensation must have a direct relationship to the functions,
skill, and status of the employees before it may operate as a demarca-
tion factor.6 Accordingly, because it is clear that, except for the
difference in the method of payment, there is no basis for distinguish-
ing between the two groups of inspectors, we shall exclude the salaried
inspectors from the technical unit.
Countermen
The Countermen, whom the Federation seeks to include within
the salaried unit, work in the Company's storeroom. Their primary
duty consists of issuing tools and supplies requisitioned by the pro-
duction employees and issuing credits for all returned items. They
are hourly paid. The C. I. 0. has been bargaining for these em-
ployees as part of the production and maintenance unit; the record
shows that it has processed grievances and secured wage increases in
their behalf. It is apparent from the foregoing that the interests of
these employees lie with those of the production and maintenance
employees. We shall exclude them from the salaried or clerical unit.
Scale Clerks in Mechanical and Maintenance Department
(Fabricating)
The scale clerks in the mechanical maintenance department, whom
the Federation seeks to include within the salaried unit, perform
duties of conductors, brakemen, and clerks in the scale house. As con-
ductors, they direct the placement of railroad cars. As brakemen.
they couple and uncouple cars, transmit signals from the conductor
' Some of the salaried inspectors were once members of the Union However, upon
the Company 's refusal to invoke the dues check -off provision of the contract with respect
to salaried inspectors by reason of the exclusion from the contract of salaried employees,
these inspectors interpreted the Company ' s action as notification of their ineligibility to
remain members of the C I 0 and withdrew
BAs noted above, the Company is unwilling , however, to invoke the dues check-off
provision of the contract with respect to the salaried inspectors
6 See Matter of Westinghouse Air Brake Company, 64 N L R . R 547,
AMERICAN BRIDGE COMPANY 999
to the locomotive crew, ride cars, apply hand brakes and throw
switches. As clerks, they weigh cars and keep records of the move-
ment of cars through the Company's yards, of demurrage, and do
any other accounting required by the yard switch foreman. They
are paid on an hourly basis and are considered by the Company to
be part of the production and maintenance unit. We find that these
employees are primarily engaged in production work, and that, in
their clerical duties, they function as production clericals. We shall
exclude them from the salaried or clerical unit.
We find, in substantial accordance with a stipulation of the parties
and our foregoing determinations, that the following units, excluding
all supervisory employees with yuthority to hire, promote, discharge,
discipline, or otherwise effect changes in the status of employees, or
effectively recommend such action, are appropriate for the purposes
of collective bargaining within the meaning of Section )) (h) of
the Act :
(1) All salaried or clerical employees of the Company's Ambridge
Plant, including those employed in the categories set forth in Ap-
pendix A, but excluding those in the categories set forth in Appendix
13, countermen, scale clerks in the Mechanical Maintenance Depart-
ment (Fabricating), salaried inspectors, draftsmen, all plant protec-
tion employees, administrative (such as inanagenlent staff, specialists,
and others doing work of a confidential nature, and directly per-
taining to management functions). confidential, professional and
technical employees, all employees in the Industrial Engineering
Department, all employees in the Industrial Relations Department,
trainees, practice apprentices, supervisors and assistant supervisors;
(2) All draftsmen, tracer draftsmen, and engineers of the Co3n-
pany's Ambridge Plant, including those employees in the categories
set forth in Appendix C, but excluding those in the categories set
forth in Appendix 1), salaried inspectors, clerical employees, ad-
Ininistrative (such as management staff, specialists, and others doing
work of a confidential nature, and directly pertaining to manage-
ment functions), confidential, professional, all employees in the
Industrial Engineering Department, supervisors, and assistant super-
visors.
V. THE DETERMINATION OP REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among em-
ployees in the appropriate units who were employed during the
pay-roll period immediately preceding the date of the Direction of
1000 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Elections herein, subject to the limitations and additions set forth
in the Direction.'
DIRECTION OF ELECTIONS
By virtue of and pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) of the National Labor Rela-
tions Act, and pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 3, as amended, it is
hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with American Bridge
Company, Ambridge, Pennsylvania, elections by secret ballot shall
be conducted as early as possible, but not later than thirty (30) days
from the date of this Direction, under the direction and supervision
of the Regional Director for the Sixth Region, acting in this matter
as agent for the National Labor Relations Board, and subject to
Article III, Sections 10 and 11, of said Rules and Regulations, among
employees in the units found appropriate in Section IV, above, who
were employed during the pay-roll period immediately preceding the
date of this Direction, including employees who did not work during
said pay-roll period because they were ill or on vacation or tem-
porarily laid off, and including employees in the armed forces of the
United States who present themselves in person at the polls, but
excluding those employees who have since quit or been discharged
for cause and have not been rehired or reinstated prior to the date of
the elections, to determine in each unit whether they desire to be
represented by Technical & Clerical Employees American Bridge Co.
of Ambridge Plant, affiliated with National Federation of Salaried
Unions, or by United Steelworkers of America, C. I. 0., for the
purposes of collective bargaining, or by neither.
7 As stated above, the C. I. 0. moved that, In the event an election is directed, the
Federation be designated on the ballot with the words "American Bridge Company of
Ambridge Plant" deleted from its name. Apparently the C. I. 0. objects to the incorpo-
ration of the Company's name as part of the Union' s designation . We find no merit in
this position. The Federation is clearly entitled to be designated on the ballot by Its
true name, which includes the words sought to be deleted.
AMERICAN BRIDGE COMPANY 1001
APPENDIX A
INCLUSIONS WITHIN SALARIED UNIT
Manager's Office (Fabricating
Division)
Telephone Operator
Messenger to Pittsburgh
Office
Messenger
Mail Clerk
Mechanical Engineering Depart-
ment
File and Research Clerk
Stenographer
Drawing Room
Stenographer
Senior Clerk-Blueprint
Room
Clerk
Blueprint Room Helper
Blueprint Machine Operator
Blueprinter
Drawing Room Clerk
Junior Clerk
Accounting Department
Stenographer-Office Supply
Duplicator Machine Operator
Junior Insurance Clerk
Senior Tabulating Card
Checker
Pay-roll Audit Clerk
Typist ( Shipping)
Typist and Mail Clerk (ship-
ping)
Billing Clerk (Shipping)
Timekeeper
Timekeeper (night)
Junior Timekeeper
Accounts Payable Clerk
Utility Clerk
Junior Cost Clerk-Contract
Records
Rate Clerk
Key Punch Operator
Senior Coding Clerk
Freight Clerk
Tabulating Card Checker
Junior Rate Clerk
Cost Clerk-Stores Material
Accounts Payable Clerk,
Freight and Express
Junior Clerk
Senior Timekeeper
Junior Clerk, Production
Records
Chief Cost Clerk
Junior Tabulating Machine
Operator
Junior Clerk (piecework as-
signment)
Junior Clerk, Materials
Junior Pay-roll Clerk
Junior Voucher Clerk
Adjustment Clerk, Materials
Junior Cost Clerk-Construc-
tion Records
Adjustment Clerk, Materials
Senior Accounting Clerk-
Sub Contract Invoices
Accounting Clerk
Order Office
Squad Leader
Senior Stock Clerk
Receiving Clerk, Order Office
Junior Order Clerk
Junior Clerk (Figures,
Weights)
Senior Order Clerk
Order Clerk (Figures, Rivets
and Cuts)
Stenographer, Receiving and
File Clerk
Mill Order Clerk
1002 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Typist Clerk, Order Office
Typist Clerk
Stenographer, Record and
File Clerk
Storeroom
Receiving Clerk, Storeroom
Senior Clerk
Stenographer
Clerk
File Clerk
Industrial Engineering Depart-
m ent
Punch Shear Dispatcher
(Main)
Timekeeping and Routing
Clerk (Templet)
Routing Clerk following
operations (Templet)
Senior Templet Router
(Templet)
Rate Clerk (Main)
Junior Clerk (Light work
and Eyebar)
Rate Clerk (Tank)
Timekeeper and Rate Clerk-
Barge Yard
Relief Clerk (Plant General)
Production Timekeeper
(Main)
Timekeeper Clerk (Machine)
Routing Clerk (Beam)
Superintendent's Clerk
(Forge)
Shop Clerk (Bolt, Nut and
Rivet)
Rate Clerk (Bolt. Nut and
Rivet)
Rate Clerk (Beam)
Rate Clerk, Welding (Aux-
iliary)
Junior Clerk (Machine)
Rate and Time Clerk (Barge)
Routing Clerk (Templet)
Shipping Department
Senior Production Clerk
Clerk-Shipping
Shipping Clerk
Senior Clerk-Shipping
Chief Clerk-Shipping
Inspection Department
Chief Inspector's Clerk
Shop Change Clerk
Auxiliary Shop
Welding Coordinator
Beam and Column Shop
Shop Clerk-Bean! and
Column
Alain Shop
Superintendent 's Clerk
Master Mechanics Deparbi?eW
(Fabricating)
Senior Clerk
Receiving Yards
Receiving Yard Clerk
Master Mechanics Department-
Shipyard
Clerk and Draftsman
Warehouse (Arnzy Ordnance)
Stenographer
Junior Record Clerk
Senior Clerk
Tag Clerk
Posting Clerk
File Clerk
Typist
Senior Clerk (Warehouse)
Plate Shop No. 2
Superintendent 's Clerk
Industrial Engineering Depart-
in ent
Shop Clerk ( Machine)
AMERICAN BRIDGE COMPANY
APPENDIX 13
EXCLUSmNS FROM SALARIED UNIT
General Manager's Office
General Manager
Assistant to General Manager
Clerk-Manager 's Office
Secretary
Manager 'ss O ffiee (Fabricating
Division)
Manager
Assistant to Manager
Clerk-Manager's Office
Foreman Office Janitors
Secretary to Manager
Stenographer -Clerk-Man -
ager's Office
Junior Clerk-Manager's
Office
Chief Telephone Operator
Manager's O fee (Shipyard)
Assistant Manager
Clerk-Navy Property and
Equipment
Stenographer
Mechanical Engineering Depart-
ment
Secretarial Stenographer
Drawing Room
Secretarial Stenographer
Chief Clerk
Accounting Department
Accountant
Assistant to Accountant
Chief Timekeeper
Supervisor , Shipping State-
ments
Chief Clerk-Mail and Office
Supplies
Secretary
Statistics Clerk
Chief Cost Clerk-Shipyard
1003
Order O ffice
Chief Clerk
Assistant Chief Clerk
Industrial Relations Department
Supervisor of Labor Rela-
t ions
Employment Supervisor
Chief Clerk (In charge of
Safety)
Chief Clerk Check Office
Stenographer
Paymaster's O ffiee
Paymaster
Assistant Paymaster
Assistant to Paymaster
Casualty Department
Supervisor Nurses and Hos-
pital
Nurse
Chief Nurse (Shipyard)
Storeroom
Storekeeper
Assistant Storekeeper
Industrial Engineering Depart-
ment
Accounting Superintendent,
Rate Department
Assistant to Superintendent,
Rate Department
Foreman, Rate Department
Tilnestudy Engineer-Rate
Department
Typist-Rate Office
Timestudy Engineer
Senior Rate Clerk, Fitting
(Main)
Senior Rate Clerk (Beam and
Column)
Senior Route and Rate Clerk
(Machine)
1 004 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Shipping Department
Shipper
Inspection Department
Chief Inspector
Warehouse (Army Ordnance)
Assistant Manager
APPENDIX C
INCLUSIONS WITHIN
Mechanical Engineering Depart-
ment
Civil Engineer
Assistant Engineer
Draftsman
Drawing Room
Draftsman
Squad Engineer
TECHNICAL UNIT
Tracer Draftsman
Detailer
Checker
Squad Leader
Master Mechanics Department
(Fabricating)
Draftsman
APPENDIX D
EXCLUSIONS FROM
Mechanical Engineering Depart-
ment
Chief Mechanical Engineer
Assistant Mechanical Engi-
neer
Chief Electrical Engineer
Electrical Engineer
Civil Engineer
Welding Engineer
Assistant to Welding Engi-
neer
Design Engineer
Draftsman and Investigator
TECHNICAL UNIT
Chief Draftsman
Chemist
Assistant Supervisor
Junior Chemist
Estimator
Scale Inspector (Supervisor
of Scales)
Corrosion Engineer
Photographer
Chief Clerk
Drawing Room
Plant Engineer
Engineer