Bethlehem Steel Co.

National Labor Relations Board - Board Decisions

Jan 7, 1946

65 N.L.R.B. 226 (N.L.R.B. 1946)

In the Matter o f BETHLEI-IEM STEEL COMPANY, JOHNSTOWN PLANT and
UNITED STEELWORKERS OF AMERICA, CIO
Case No. 6-R-1164.-Decided January 7, 1946
Mr. J. L. Wynne, of Bethlehem, Pa., for the Company.
Messrs. John J. Brownlee and Clifford Shorts, of Pittsburgh, Pa.,
and Messrs. Michael J. Neary, Daniel W. Shelly, and Charles Z.
Rodger, of Johnstown, Pa., for the Union.
Miss Margaret M. Farmer, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by United Steelworkers of America,
CIO, herein called the Union, alleging that a question affecting com-
merce had arisen concerning the representation of employees of Beth-
lehem Steel Company, Johnstown Plant, Johnstown, Pennsylvania,
herein called the Company, the National Labor Relations Board pro-
vided for an appropriate hearing upon due notice before W. G. Stuart
Sherman, Trial Examiner. The hearing was held at Johnstown,
Pennsylvania, on August 16, 1945. The Company and the Union ap-
peared 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 :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
The Company is a Pennsylvania corporation engaged in the pro-
duction of various steel products, coke, and coke byproducts. During
the calendar year of 1944 the aggregate value of raw and other mate-
rials used by the Company at its Johnstown plant, the only one of its
65 N. L . R. B., No. 46.
226
BETHLEHEM STEEL COMPANY 227
plants herein involved, was in excess of $55,000,000, of which more
than 55 percent was delivered to said plant from outside Pennsyl-
vania. During the same year it manufactured at its Johnstown plant
finished products valued in excess of $125,000,000, of which more than
60 percent was shipped to points outside Pennsylvania. The plant
property comprises approximately 750 acres located adjacent to the
City of Johnstown, Pennsylvania. The Company employs an approxi-
mate total of 12,700 employees at its Johnstown plant, of whom ap-
proximately 500 are in the unit hereinafter found to be appropriate.
The Company admits and we find that it is engaged in commerce
within the meaning of the National Labor Relations Act.
11. THE ORGANIZATION INVOLVED
United Steelworkers of America is a labor organization affiliated
with the Congress of Industrial Organizations, admitting to member-
ship employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to recognize the Union as the exclusive
bargaining representative of those of its employees included in the
unit hereinafter found to be appropriate until such time as the Union
is certified by the Board as °representative for said employees.
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that the Union represents a substantial number of
employees in the unit hereinafter found appropriate.,
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.
IV. THE APPROPRIATE UNIT
The Union seeks a unit composed of office, clerical, and technical
employees of the Company at its Johnstown plant and offices, including
janitors, charwomen, elevator operators, and telephone operators em-
ployed in the Industrial Relations Department, and clerks and typists
employed in the piece rate department who do not participate in the
process of rate setting, but excluding all employees in the production
and maintenance workers' bargaining unit, employees in the General
Manager's office, employees in the Industrial Relations Department
and in the production and piece rate department not specifically in-
cluded by enumeration above, firemen and plant patrolmen, contact
' The Field Examiner reported that the Union submitted 246 cards, of which 198 bore
the names of employees listed on the Company's pay roll of June 1945, and that the cards
are dated from 1943 to 1945
There are approximately 500 employees in the appropriate unit
228 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
men, doctors and nurses, all confidential secretaries and clerks whose
work pertains to labor relations matters, and supervisory employees
with authority to hire, promote, discharge, discipline, or otherwise
effect changes in the status of employees, or effectively recommend
such changes. The Company contends that its office, clerical, and
technical employees represent and are a part of management and can-
not properly be included in any bargaining unit, or indeed represented
by any labor organization. The Company concedes, however, that
none of the employees in the requested unit perform work of a super-
visory character and agrees that if the Board determines that the
employees in question are entitled to representation by a union, the unit
as proposed by the Union is appropriate. All employees who have
access to confidential information concerning labor relations are ex-
cluded from the proposed unit. The employees included in the unit
are office, clerical, and technical workers 2 having duties similar to
those of employees in other plants who, we have repeatedly held, are
entitled to the protection of the Act.3
We find that office, clerical, and technical employees of the Com-
pany at its Johnstown, Pennsylvania, plant and offices, including jani-
tors, charwomen, elevator operators and telephone operators employed
in the Industrial Relations Department, and clerks and typists em-
ployed in the production and piece rate department who do not par-
ticipate in the process of rate setting, but excluding all employees in the
production and maintenance workers' bargaining unit, employees in
the General Manager's office, employees in the Industrial Relations
Department and in the production and piece rate department not
specifically included by enumeration above, firemen and plant patrol-
men, contact men, doctors and nurses, all confidential secretaries and
clerks whose work pertains to labor relations matters, and supervisory
employees with authority to hire, promote, discharge, discipline, or
otherwise effect changes in the status of employees, or effectively recom-
mend such changes, constitute a unit appropriate for the purposes
of collective bargaining within the meaning of 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 employees
2 Among the technical classifications are combustion engineers, draftsmen. photo and
blueprint operators, photographer and chainman The unit also includes timekeepers,
telephone opeiators, janitois, charwomen. and elevator operators
8 Matter of Bethlehem Steel Company, 61 N. L R. B. 854; Matter of Bethlehem Steel
Company, 63 N. L. R B 1230, Matter of Creamery Package Manufacturing Company
(Lake Mills Plant), 34 N. L R. B. 108; Matter of U. S Automatic Corporation, 58
N. L R. B. 662; Matter of Poultrymen's Service Corporation, 41 N L. R. B 444, en-
forced 138 F (2d) 204, 210-211 (C. C A. 3) ; Matter of Armour and Company, 49 N. L.
R. B. 688; Matter of Armour and Company, 54 N. L R B. 1005, enforced November 5,
1945 (C. C. A. 10) Matter of Chrysler Corporation, Chrysler Motor Di vision, 58 N. L. R. B.
239; Matter of Aluminum Company of America, 61 N. L. R. B. 1066.
BETHLEHEM STEEL COMPANY 229
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 limitation and additions set forth in the Direction.
DIRECTION OF ELECTION
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 Rela-
tions 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 Bethlehem Steel
Company, Johnstown Plant, Johnstown, Pennsylvania, an election by
secret ballot shall be conducted as early as possible , but not later than
sixty ( 60) 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 Beard, and
subject to Article III, Sections 10 and 11, of said Rules and Regula-
tions, among employees 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 quite 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 United Steelworkers of America , CIO for the purposes of collec-
tive bargaining.