Carnegie Illinois Steel Corp.

National Labor Relations Board - Board DecisionsMay 8, 1946

67 N.L.R.B. 1238 (N.L.R.B. 1946)

In the Matter Of CARNEGIE ILLINOIS STEEL CORPORATION and FORE- MAN'S ASSOCIATION OF AMERICA (IND.), CHAPTER 42 Case No. 13-R-3063.-Decided May 8, 1946 Messrs. Paul R. Conaghan and George Venca, of Chicago, Ill., for the Company. Mr. W. Allen Nelson, of Detroit, Mich., and Mr. Fred L. Williams, of Gary, Ind., for the Foreman's Association. Mr. John J. Brownlee, of Pittsburgh, Pa., and Messrs. Joseph Goin and Freeman Bellar, both of Gary, Ind., for the Steelworkers. Mr. A. Sumner Lawrence, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT Or THE CASE Upon a petition duly filed by Foreman's Association of America (Ind), Chapter 42, herein called the Foreman's Association, alleging that a question affecting commerce had arisen concerning the repre- sentation of employees of Carnegie Illinois Steel Corporation, Gary, Indiana, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Robert Rissman, Trial Examiner. The hearing was held at Chicago, Illinois, on various dates between September 18 and October 5, 1945. The Company, the Foreman's Association, and United Steelworkers of America, C. I. 0., herein called the Steelworkers, 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. The Company's motion to dismiss is hereby denied for reasons hereinafter stated. The Company's request for oral argument is hereby denied. All parties were afforded opportunity to file briefs with the Board. I The Steelworkers does not claim representation in the unit sought by the Foreman's Association but has intervened for the purpose of protecting its interest with respect to certain employees who by title are eligible for inclusion within the unit sought by the Foreman's Association but who, the Steelworkers contends, are by function outside such unit and within a unit of rank and file employees now represented by the Steelworkers 67 N. L. R. B., No. 163. 1238 r< CARNEGIE ILLINOIS STEEL CORPORATION 1239 Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Carnegie Illinois Steel Corporation, a New Jersey corporation, is engaged in the manufacture, sale and distribution of steel and coke, in the course of which it operates numerous steel and coke plants in various parts of the United States. The only plant involved in this proceeding is that located at Gary, Indiana, and known as the Gary Sheet and Tin Mill. During the 12-month period immediately pre- ceding September 18, 1945, the Company purchased for use at its Gary plant raw materials valued in excess of $1,000,000, of which more than 50 percent was obtained from points outside the State of Indiana. During the same period, the Company manufactured at its Gary plant finished products valued in excess of $1,000,000, of which approximately 50 percent was sold and shipped to points outside the State of Indiana. The Company admits that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATIONS INVOLVED Foreman's Association of America (Ind.), Chapter 42, is an unaffili- ated labor organization, admitting to membership supervisory 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. THE QUESTION CONCERNING REPRESENTATION The Company has refused to grant recognition to the Foreman's Association as the exclusive bargaining representative of any of its supervisory employees upon the grounds that supervisors are a part of management. A statement of a Board agent, introduced into evidence at the hear- ing, indicates that Foreman's Association 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. 2 The Field Examiner reported that the Foreman ' s Association had submitted 304 cards bearing the names of 221 employees , listed on the Company's pay roll of May 28, 1945. 1240 DECISIONS OF NATIONAL LABOR RELATIONS BOARD IV. THE APPROPRIATE UNIT The Foreman's Association seeks a unit of supervisory employees comprising all general foremen, assistant general foremen, foremen and all supervisory employees on lower levels who are in fact fore- men regardless of title, excluding supervisory employees in the plant protection, industrial relations, engineering, and auditing depart- ments, and all other employees. The Company contends that the unit claimed is inappropriate upon the ground that foremen are not employees within the meaning of the Act and that they are an inseparable part of management and therefore incapable of forming the basis of an appropriate bargaining unit. The Steelworkers does not contest the appropriateness of the unit claimed insofar as it re- lates to supervisors in the position of "turn" or shift foreman and order foreman on the level of turn or shift foreman ,3 or above, but makes the contention, in which it is supported by the Company, that all employees below the level of turn foreman are not supervisory or management employees and should be excluded from the unit sought herein. In support of its contention that foremen are not employees within the meaning of Section 2 (3) of the Act, the Company has set forth no argument which was not fully considered by the Board in the recent Packard case and other similar cases,4 wherein it held that foremen are "employees" under the Act. We find, in accordance with the determination in those cases, that the Company's foremen are "em- ployees" within the meaning of Section 2 (3) of the Act. With respect to the Company's contention that the foremen herein concerned are an inseparable part of management and therefore in- capable of forming the basis of an appropriate bargaining unit, the Company points to the fact that foremen on certain shifts are the only supervisory employees present in the plant; that foremen handle and settle numerous grievances of the rank and file employees under the first step of the existing grievance procedure established by contract with the Steelworkers; that foremen translate into action the func- tions and responsibilities of management pertaining to manufactur- ing and are the first line of contact between the Company and the rank and file employees. Upon consideration of the evidence as a whole, we are of the opinion that, although the foremen of the Company are vested with 3 The record indicates that order foremen, with some exceptions , are generally on the same level as turn foreman. 4 See Matter of Packard Motor Car Company, 61 N. L. R. B. 4, 64 N. L. R. B. 1212; Matter of L. A. Young Spring & Wire Corporation , 65 N, L R. B. 298; Matter of Simmons Company, 65 N. L. R, B. 984; Matter of The Midland Steel Products Company, 65 N. L. R. B. 997; Matter of General Mills, Inc., 66 N. L. R. B. 1423. CARNEGIE ILLINOIS STEEL CORPORATION 1241 certain management responsibilities with respect to production and the maintenance of harmonious relations between the Company and its rank and file employees, such foremen, as distinguished from policy making officials of the Company, do not constitute such an integral part of management that they may not be segregated there- from and recognized as a separate group for the purpose of collective bargaining.5 There remains for consideration the question as to the inclusion in or exclusion from the unit of certain supervisory employees below the level of turn foremen. In support of its contention that employees in the group should be excluded from any unit of supervisory em- ployees, the Steelworkers maintains that an undisclosed number of employees in such group are members of the Steelworkers and have benefited from the settlement of grievances in accordance with the grievance provisions in the contract between the Steelworkers and the Company governing the rank and file employees e Notwithstand- ing this fact, and the statement by the Company at the hearing that it intends to change the titles and responsibilities of members in this group with the object of eliminating all supervisory positions below the level of turn foreman, we are of the opinion that such employees who presently exercise the authority and responsibility of supervisory employees within our usual definition, should be included within the unit. Upon consideration of the evidence relating to their several duties and responsibilities, we find that the employees in the classifications listed in Appendix A, although below the level of turn foreman, have substantial supervisory authority warranting their inclusion within the present unit of supervisory employees. On the other hand, we shall exclude from such unit employees in the classifications listed in Appendix B, who, we find, either have no employees regularly under their supervision or do not exercise authority of a character sufficient to warrant the conclusion that they are supervisory employees within our customary definition thereof. It would appear from the record that there may be order foremen who supervise clerical employees of a type other than the shop cleri- cals included under the Steelworkers' agreement covering the rank and file employees. We shall therefore exclude from the unit all cleri- cal supervisors who supervise clerical employees other than shop clericals, in accordance with our general policy of separating super- visors of production and maintenance employees from supervisors of clerical employees. This separation of clerical supervisors from pro- 5 See Jones & Laughlin Steel Corporation v. N L It. B , 146 F ( 2d) 833; Matter of General Mills , Inc., supra , and cases cited therein. The contract does not, however , by its terms expressly cover the employees presently claimed by the Foreman ' s Association . An examination of the contract reveals that there are excluded from the rank and file unit employees in the classifications of foremen, assistant foremen, and supervisors in charge of any classes of labor. 1242 DECISIONS OF NATIONAL LABOR RELATIONS BOARD duction and maintenance supervisors conforms to the general pattern of collective bargaining established by the Company with respect to its clerical employees on the one hand, and its production and main- tenance employees on the other. The record also reveals that employ- ees of the production planning department are covered by an agree- ment between the Company and the Steelworkers relating to the sal- aried (office and clerical) employees rather than by its agreement with respect to production and maintenance employees. We shall, therefore, also exclude all supervisory employees of the production planning department from the present unit of production and maintenance supervisors. On the other hand, since it appears that the non-super- visory employees of the metallurgical and inspection departments are part of the production and maintenance unit and are covered by the production and maintenance agreement with the Steelworkers, we shall include eligible supervisors of the metallurgical and inspection departments within the supervisory unit hereinafter found appro- priate? We find that all general foremen, assistant general foremen, turn foremen and order foremen,8 whether so designated or serving in those or comparable positions, at the supervisory levels of general foreman, assistant general foreman and turn foreman,9 in departments other than the plant-protection, industrial relations, engineering, works auditing, and production planning departments, employed at the Company's Gary Tin and Sheet Mills, including employees below the level of turn foreman in the classifications listed in Appendix A, but excluding all employees in classifications on the level of assistant superintendent and above,1° and all clerical supervisors who supervise 7 See Matter of 'Westinghouse Electric Corporation (East Springfield Works ), 66 N. L. R B 1257. g The group of order foremen is limited to those order foremen who do not supervise clerical employees covered by the Steelworkers ' agreement for salaried ( office and clerical) employees. e Included as falling within the levels of general foreman , assistant general foreman and turn foreman are the following classifications in the metallurgical department. Clerk chief order detail , sheet division ; clerk chief order detail tin division ; product metal- lurgist tin division ( position 21) ; assistant development metallurgist ; process metal- lurgist ; general foreman laboratory, tin division , general foreman laboratory, sheet divi- sion ; turn foreman laboratory , tin division ; turn foreman laboratory , sheet division ; ferrostan chemist ( positions 24 and 25 ), tin division ; foreman stainless laboratory, tin division ; clerk chief order detail , tin division . Also included as within such levels is the classification of order foreman-galvanize ( positions 25 and 26 ), sheet mill finishing de- partment, "Excluded as falling within the levels of assistant superintendent or above are the following classifications : assistant superintendents ; assistants to superintendents ; super- intendents ; division superintendents ; assistant general superintendent ; general superin- tendent ; chief metallurgist, metallurgical department ; development division metallurgist, metallurgical department ; metallurgist-tin division , metallurgical department ; metal- lurgist-sheet division , metallurgical department ; assistant division metallurgist-electric sheets , metallurgical department , assistant division metallurgist-sheet division , metal- lurgical department ; assistant division metallurgist-tin division , metallurgical depart. ment; chief inspector , inspection department ; assistant chief inspector , sheet division, inspection department , assistant chief inspector , tin division , inspection department. CARNEGIE ILLINOIS STEEL CORPORATION 1243 clerical employees other than shop clericals, it and excluding employees in the classifications listed in Appendix B, constitute a unit appropri- ate 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 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. 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 Carnegie Illinois Steel Corporation, 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 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 tempo- rarily laid off, and including employees in the armed forces of the United States who present themselves in person at the polls, but ex- cluding 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 Foreman's Association of America (Ind.), Chapter 42, for the pur- poses of collective bargaining. MR. GERARD D. REILLY, dissenting : For the reasons stated in my dissenting opinion in Matter of Packard Motor Car Company, 61 N. L. R. B. 4, I am constrained to dissent from the majority opinion in this case. 11 Excluded under this provision are all foremen and other supervisors who supervise clerical employees included under the Steelworkers ' agreement for salaried ( office and clerical) employees. 1244 DECISIONS OF NATIONAL LABOR RELATIONS BOARD APPENDIX A Classification Department Labor foreman, maintenance______________________ 42" Hot Strip Order foreman (clerk tin house)______________ Tin Mill Finishing Labor foreman-tin house, position 14 --------- Tin Mill Finishing Assistant foreman-metal and supply --------- Tin Mill Finishing Labor foreman, position 18-------------------- Tin Mill Finishing Wire foreman-assorting and warehouse-__--_- Tin Mill Finishing Box house foreman-assorting---------------- Tin Mill Finishing Storing foreman-boxed plate (warehouse) ____ Tin Mill Finishing Assistant foreman-assorting and salvage ------ Tin Mill Finishing Assistant turn foreman-black plate ------------ Tin Mill Finishing Labor foreman-maintenance rolling-------------- 80" Hot Strip Assistant foreman-#4 finishing__________________ 80" Hot Strip Assistant shipper_________________________________ 80" Hot Strip Shear foreman_____________________________ Sheet Mill Hot Mill Assistant turn foreman #3 finishing --------- Sheet Mill Finishing Assistant foreman-flying shears ------------ Sheet Mill Finishing Assistant foreman "A"-labor and supply-___ Sheet Mill Finishing Provider and loading foreman--------------- Sheet Mill Finishing Storing foreman-warehouse and shipping-___ Sheet Mill Finishing Assistant foreman-shipping and warehouse-_ Sheet Mill Finishing Assistant inspection foreman-galvanize ----- Sheet Mill Finishing Assistant foreman-pickling---------------- Sheet Mill Finishing Storing foreman-galvanize ----------------- Sheet Mill Finishing Assistant foreman "B"-west machine shop ------------ Maintenance Foreman-scrap handling and salvage________________ Maintenance Assistant foreman "A"-tractor shop________________ Maintenance Assistant foreman outside electricians, position 32 ----- Maintenance Assistant foreman "B" outside electricians, position 33_ Maintenance Labor foreman "D"-masons, position 46_____________ Maintenance Foreman "B" labor department, position 49 ------------ Maintenance Assistant foreman "A" labor department, positions 50 and 58------------------------------------------- Maintenance Assistant foreman "A", position 54__________________ Maintenance Order foreman, position 57__________________________ Maintenance Assistant foreman "B" outside machinists, position 60- Maintenance Inspector foreman cold reduction, position 17 ------------ Inspection APPENDIX B Ciassi fication Department Assistant order foreman-rolling -------- Tin Mill Cold Reduction Assistant order foreman-finishing ------ Tin Mill Cold Reduction Foreman-excess application_________________ Tin Mill Finishing Order foreman-finishing and shipping ----------- 80" Hot Strip CARNEGIE ILLINOIS STEEL CORPORATION 1245 APPENDIX B-Continued Classification Department Assistant head clerk-rolling -------------------- 80" Hot Strip Assistant order foreman-continuous pickling____________________________ Sheet Mill Cold Reduction Assistant order foreman-rolling and shearing___________________________ Sheet Mill Cold Reduction Order foreman-temper mill---------- Sheet Mill Cold Reduction Special foreman______________________ Sheet Mill Cold Reduction Order foreman-superintendent's clerk____ Sheet Mills, Hot Mills Clerk-scales ---------------------------- Sheet Mills, Hot Mills Clerk assistant chief order detail___________________ Metallurgical Junior metallurgist (positions 12, 14 and 18) -------- Metallurgical Laboratory foreman-magnetic testing______________ Metallurgical Product metallurgist, position 17___________________ Metallurgical Inspector foreman No. 4 finishing_____________________ Inspection Inspector foreman No. 3 finishing_____________________ Inspection Inspector foreman-galvanize------------------------- Inspection Inspector foreman-cold reduction and pickling--------- Inspection Inspector foreman 80" mill___________________________ Inspection Inspector foreman 42" mill (Tin Division) ------------ Inspection