American Bridge Co.

National Labor Relations Board - Board Decisions

Apr 25, 1946

67 N.L.R.B. 776 (N.L.R.B. 1946)

In the Matter Of AMERICAN BRIDGE COMPANY and INTERNATIONAL FED-
ERATION OF TECHNICAL ENGINEERS ', ARCHITECTS ' AND DRAFTSMEN'S
UNION, LOCAL 90-A, A. F. OF L.
Case No. 13-B-3364.-Decided April 25, 1946
Knapp, Cushing, Hersberger and Stevenson, by Mr. Paul R.
Coughan, of Chicago, Ill., for the Company.
Daniel D. Carmell, by Messrs. Lester Asher and Ursa C. Stringer,
of Chicago, Ill., for the A. F. of L.
Mr. John J. Brownlee, of Pittsburgh, Pa., for the C. 1. 0.
Mr. Fred L. Williams, of Gary, Ind., for the F. A. A.
Mr. Harry R. Ehrlich, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by International Federation of Technical
Engineers', Architects' and Draftsmen's Union, Local 90-A, A. F. of
L., herein called the A. F. of L., alleging that a question affecting com-
merce had arisen concerning the representation of employees of Ameri-
can Bridge Company, Gary, Indiana, herein called the Company, the
National Labor Relations Board provided for an appropriate hearing
upon due notice before William C. Murdock, Trial Examiner. The
hearing was held at Chicago, Illinois, on March 21, 1946. The Com-
pany, the A. F. of L., United Steelworkers of America, C. I. O.,'herein
called the C. I. 0., and Foremen's Association of America, herein
called the F. A. A., 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. The Trial
Examiner's rulings made at the hearing are free from prejudicial error
and are hereby affirmed. All parties were afforded opportunity to file
briefs with the Board.
Upon the entire record in the case, the Board makes the following :
3 The C I 0 is the collective bargaining agent for the Company's maintenance and
production employees and salaried clerical employees and intervened merely to protect its
established interest.
67 N. L. R. B., No. 100.
776
AMERICAN BRIDGE COMPANY
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
777
American Bridge Company is a New Jersey Corporation with offices
located in New York City, Chicago, Illinois, and Pittsburgh, Penn-
sylvania. It also owns and operates a plant at Gary, Indiana, which
is known as the Gary Plant, and which is the only plant involved in
this proceeding, At its Gary Plant the Company is engaged in the
manufacture and fabrication of structural steel for use in construction
of bridges, buildings, towers, turntables, etc. The raw material used
by the Company consists principally of structural steel. The value of
both the raw material used and the finished product will exceed
$1,000,000 annually. Substantial amounts of both the raw material
and the finished product are transported in interstate commerce.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
H. THE ORGANIZATIONS INVOLVED
International Federation of Technical Engineers', Architects' and
Draftsmen's Union, Local 90-A, is a labor organization, affiliated with
the American Federation of Labor, admitting to membership em-
ployees 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.
Foremen's Association of America is a labor organization, admit-
ting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the A. F. of L.
as the exclusive bargaining representative of its employees until the
A. F. of L. has been certified by the Board in an appropriate unit.
A statement of a Board agent, introduced into evidence at the
hearing, indicates that the A. F. of L. represents a substantial number
of employees in the unit hereinafter found appropriate.2
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.
2 The Field Examiner reported that the A F, of L . submitted 48 cards, bearing the names
of 42 employees of the Company , and that the F. A. A submitted 7 cards , bearing the
names of 7 employees of the Company. There are approximately 80 employees in the
appropriate unit
778 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
IV. THE APPROPRIATE UNIT
The, Company and the A. F. of L. are in substantial agreement that
the unit appropriate for collective bargaining should consist of all
draftsmen, tracer draftsmen, squad leaders, and civil and mechanical
engineers of the American Bridge Company, Gary Plant, Gary, In-
diana, but excluding clerical employees, administrative employees, con-
fidential employees, employees in the Industrial Engineering Depart-
ment, supervisors, assistant supervisors, and all or any other super-
visory employees with authority to hire, promote, discharge, discipline,
or otherwise effect changes in the status of employees, or effectively rec-
ommend such action.3 The C. I. 0. raises no objection to the appro-
priateness of the unit. The F. A. A., however, contends that the 10
squad leaders constitute a separate appropriate Unit .4
The 10 squad leaders are hourly paid employees, each of whom makes
assignments and directs the work of approximately 7 other employees.
They spend 50 percent of their time performing the same work as
performed by those they direct. They have no authority to change or
recommend changes in the status of employees under their direction
nor to reprimand or discipline. We find that squad leaders are not
supervisory employees within our usual description of the term. Ac-
cordingly, we shall include them in the drafting unit.
We find that all draftsmen, tracer draftsmen, squad leaders, and
civil and mechanical engineers of the American Bridge Company,
Gary Plant, Gary, Indiana, but excluding clerical employees, ad-
ministrative employees, confidential employees, employees in the In-
dustrial Engineering Department, supervisors, assistant supervisors,
and all or any other supervisory employees with authority to hire,
promote, discharge, discipline, or otherwise effect changes in the status
of employees, or effectively recommend such action, constitute a unit
appropriate for the purposes of collective bargaining within the mean-
ing of the Section 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among the em-
ployees in the appropriate unit who were employed during the pay-roll
period immediately preceding the date of the Direction of Election
herein, subject to the limitations and additions set forth in the
Direction.
3 This is the same bargaining unit as that established at the Company's Pennsylvania
plant
i The F A A was permitted to intervene over objection of the Company and the A F
of L, but stated that should the Board find that these 10 men are not supervisory and do
not constitute a separate unit, that it does not wish to appear on the ballot.
AMERICAN BRIDGE COMPANY
DIRECTION OF ELECTION
779
By virtue of and pursuant to the power vested in the National Labor
Relations Board by Section 9 (c) of the National Labor Relations 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, Gary Plant, Gary, Indiana, an election 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 Thirteenth 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 em-
ployees in the unit 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 temporarily
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 election, to
determine whether or not they desire to be represented by International
Federation of Technical Engineers ', Architects ' and Draftsmen's
Union, Local 90-A, A. F. of L., for the purposes of collective bar-
gaining.
CHAIRMAN HERZOG took no part in the consideration of the above
Decision and Direction of Election.