Consolidated Steel Corp., Ltd.

National Labor Relations Board - Board Decisions

Aug 2, 1940

26 N.L.R.B. 44 (N.L.R.B. 1940)

In the Matter Of CONSOLIDATED STEEL CORPORATION, LTD. and
AMALGAMATED ASSOCIATION OF IRON, STEEL AND TIN WORKERS OF
NORTH AMERICA, LODGE No. 2058, THROUGH THE STEEL WORKERS
ORGANIZING COMMITTEE
In the Matter of CONSOLIDATED STEEL CORPORATION, LTD. and
UNITED WELDERS, CUTTERS AND HELPERS OF AMERICA, INDE-
PENDENT
Cases Nos. R-1145 and R-1929.-Decided August 2, 1940
Jurisdiction : steel products manufacturing industry.
Investigation and Certification of Representatives : existence of question. con-
flicting claims of rival representatives; employer's refusal to accord recognition
to unions and requests that certification be obtained; election necessary.
Unit Appropriate for Collective Bargaining : all employees of the Company at its
Maywood plant, including shipping and yard clerks, and excluding clerical
employees employed in the administration department, timekeepers, foremen,
subforemen, strawbosses, and pushers, truck drivers, gatemen, and designers,
squad leaders, checkers, and detailers in the engineering department.
Practice and Procedure : petition filed by one union dismissed where no appro-
priate unit within scope of petition.
Mr. David Sokol, Mr. Frank Al Mouritsen, and Mr. William R.
Walsh, for the Board.
Gibson, Dunn and Cruicher, by Mr. J. Stuart Neary, of Los Angeles,
Calif., and Alfred Wright and Gordon Hall, Jr., by Mr. Alfred Wright,
of Los Angeles, Calif., for the Company.
Mr. John Despol, Mr. Leans Dingman, and Mr. Ken Hunter, of
Los Angeles, Calif., for the S. W. O. C.
Mr. A. H. Petersen, of Los Angeles, Calif., for the Metal Trades
Council.
Mr. Thomas Crowe, of Los Angeles, Calif., for the Boilermakers.
Mr. James M. Carter and Mr. Jimme Goss, of Los Angeles, Calif.,
for the Welders.
Mr. John W. Otto, of Maywood, Calif., for the Association.
Mr. Harry Cooper, of counsel to the Board.
26 N. L . R. B., No. 4.
44
CONSOLIDATED SPEEL CORPORATION, LTD.
DECISION
DIRECTION OF ELECTION
AND
ORDER
STATEMENT OF THE CASE
45
On June 23, 1938, Amalgamated Association of Iron, Steel and Tin
Workers of North America, Lodge No. 2058, through the Steel Workers
Organizing Committee, herein called the S. W. O. C., filed with the
Regional Director for the Twenty-first Region (Los Angeles, Cali-
fornia) a petition alleging that a question affecting commerce had
arisen concerning the representation of employees of Consolidated
Steel Corporation, Ltd., Los Angeles County, California, herein called
the Company, and requesting an investigation and certification of
representatives pursuant to Section.9 (c) of the National Labor Re-
lations Act, 49 Stat. 449, herein called the Act. On October 25, 1938,
the National Labor Relations Board, herein called the Board, acting
pursuant to Section 9 (c) of the Act and Article III, Section 3, of
National Labor Relations Board Rules and Regulations-Series 1, as
amended, ordered an investigation and authorized the Regional Di-
rector to conduct it and to provide for an appropriate hearing upon due
notice.'
On October 26, 1938, the Regional Director issued a notice of hear-
ing,, copies of which were duly served upon the Company and the
S. W. O. C.2
Pursuant to notice, a hearing was hold in Los Angeles, California,
from November 10 to December 8, 1938, before Waldo C. Holden, the
Trial Examiner duly designated by the Board. During the course of
the hearing the Company filed an answer to the petition, raising cer-
tain jurisdictional and constitutional objections, denying that any
question concerning representation of its employees had arisen and
praying that the petition be dismissed. At the hearing Los Angeles
County Metal Trades Council, herein called the Metal Trades Council,
1 On October 25, 1938, the Board, pursuant to Article III, Section 10 (c) (2 ), and Article II, Section 37 (b),
of National Labor Relations Board Rules and Regulations-Series 1, as amended , ordered this case con-
solidated with a complaint case (C-1090) for the purposes of hearing and for all other purposes On June 21,
1940 , the Board, pursuant to Article II, Section 36 (d), and Article III, Section 10 (c) (4 ), of National Labor
Relations Board Rules and Regulations-Series 2, as amended , ordered the two cases severed.
2 Copies of the notice of hearing were also served upon Los Angeles Industrial Union Council , Los Angeles,
California , International Brotherhood of Boilermakers , Iron Ship Builders , Welders and Helpers of America,
Local Union No. 92, Los Angeles, California, Los Angeles Central Labor Council, Los Angeles, California,
International Association of Machinists , Los Angeles, California , and Washington , D C , International
Union of Operating Engineers , Los Angeles , California, Oil Workers Union, Long Beach , California, and
Pattern Makers Association , Los Angeles , California Some of the organizations named appeared at the
hearing, as noted below.
46 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
intervened in behalf of certain labor organizations affiliated with it.3
The Board and the Company were represented by counsel, the
S W. 0. C. and the Metal Trades Council by their duly authorized
representatives; and all participated in the hearing. Full opportunity
to be heard, to examine and cross-examine witnesses, and to introduce
evidence bearing upon the issues was afforded to all parties. During
the course of the hearing counsel for the Company moved that the
proceeding be dismissed The Trial Examiner reserved ruling on this
motion. The motion is hereby denied During the hearing the Trial
Examiner made rulings on other motions and on objections to the
admission of evidence. The Board has reviewed these rulings and
finds that no prejudicial errors were committed. The rulings, with
one exception, are hereby affirmed '
On December 17, 1938, the Company filed with- the Board a request
for oral argument. On July 17, 1940, the Company withdrew this
request.
On May 11 and June 11, 1940, respectively, United Welders, Cutters
and Helpers of America, Independent, herein called the Welders,
filed with the Regional Director a petition and an amended petition,
alleging that a question affecting commerce had arisen concerning the
representation of employees of the Company, and requesting an
investigation and certification of representatives, pursuant to Section
9 (c) of the Act. On June 21, 1940, the Board, acting pursuant to
Section 9 (c) of the Act rind Article III, Section 3, of National Labor
3 The motion to intervene recited that the Metal Trades Council desired to appear "in behalf of each of its
affiliated craft unions . " The prayer that the motion be granted was made by the Metal Trades Council
and its "affiliated unions signatory hereto " The Trial Examiner stated at the time lie granted the motion
that, as he read it, it related only to intervention by the Metal Trades Council in behalf of certain affiliated
unions and that "as the motion now stands, the right to intervene would not include the right to represent
individuals not members or interested through one of the labor unions set forth on the second page of the
exhibit '; In addition to the Metal Trades Council the following labor organizations signed the motion to
intervene International Brotherhood of Boilermakers, Iron Ship Builders, Welders and Helpers of America,
Local Union No 92, herein called the Boilerisiakers, International Association of Bridge, Structural
and Ornamental Iron Workers, Local Unions Nos 416, 433, and 509, herein respectively called Bridge Workers
Locals 416, 433, and 509, International Association of Machinists, Local Union No 311, herein called the
Machinists, International Hod Carriers, Building and Common Laborers Union of America, Local Union
No 345, herein called the Hod Carriers, International Union of Operating Engineers, Local Union No 523,
herein called the Engineers, United Association of Plumbers and Steam Fitters of the United States and
Canada, Local Union No 465, herein called the Plumbers, Sheet Metal Workers International Association,
Local Union No 108, herein called the Sheet Metal Workers, International Brotherhood of Electrical Work-
cis, Local Union No 83, herein called the Electrical Workers, International Brotherhood of Blacksmiths,
Diop Forgers and Helpers, Local Union No 212, herein called the Blacksmiths, and Brotherhood of Painters.
Dccoiators and Paper Hangers of America, herein called the Painters Each of the organizations named is
affiliated with the Metal Trades Council except the Hod Carriers, the Plumbers, and the Painters During
the course of the hearing the Metal Trades Council made certain claims in behalf of International Brother-
hood of Teamsters, Chauffeurs. Stablemen, and Helpers of America, herein called the Teamsters, a labor
organization neither affiliated a ith the Metal Trades Council nor included in the motion to intervene The
representative of the Metal Trades Council stated with reference to the above organizations not affiliated
with the Metal Trades Council that "those unions all has e signified their intention of going along with the
Metal Trades Council Most of them have signed this petition of intervention that they wanted to come
in " We consider the Metal Trades Council as having intervened in behalf of all the labor organizations
named in this footnote
i One ruling of the Trial Examiner, hereinafter noted, was erroneous, and s therefore not affirmed How-
ever, this ruling was not prejudicial
CONSOLIDATED STEEL CORPORATION, LTD. 47
Relations Board Rules and Regulations-Series 2, as amended,
ordered an investigation in the proceeding based upon the petition of
the Welders (Case No. R-1929), authorized the Regional Director to
conduct it and to provide for an appropriate hearing upon due notice,
and further ordered that the proceeding based upon the petition of
the S. W. O. C. (Case No. R-1145) and Case No. R-1929 be con-
solidated and that the record in Case No. R-1145 be reopened for
further hearing.
On June 22, 1940, the Regional Director issued a notice of hearing
in Case No. R-1929 and a notice of further hearing in Case No.
R-1145, copies of both of which were duly served upon the Company,
the S. W. O. C., the Metal Trades Council, the Welders, and Employ-
ees Association,of Consolidated Steel Corporation, Ltd., herem called
the Association, a labor organization claiming to represent employees
directly affected by the investigation.'
Pursuant to notice, a hearing in the consolidated cases was held on
June 27 and 28, 1940, at Los Angeles, California, before William R.
Walsh, the Trial Examiner duly designated by the Board. The
Board, the Company, the Association, the S. W. O. C., the Welders,
the Metal Trades Council, and the Boilermakers were represented by
counsel or other duly authorized representatives, and participated in
the hearing. Full opportunity to be heard, to examine and cross-
examine witnesses, and to introduce evidence bearing on the issues
was afforded all parties. At the close of the hearing the S. W. O. C.
moved that the Board refrain from placing the name of the Metal
Trades Council upon the ballot in any election which might be
directed.' The motion is hereby denied. During the course of the
hearing the Trial Examiner made several rulings on motions and on
objections to the admission of evidence. The Board has reviewed the
rulings of the Trial Examiner and finds that no prejudicial errors were
committed. The rulings are hereby affirmed.
Pursuant to leave granted by the Board to all parties, the S. W. O. C.
on July 5, and the Association on July 18, 1940, filed briefs with the
Board.
Upon the entire record in the cases, the Board makes the following:
FINDINGS OF FACT
1. THE BUSINESS' OF THE COMPANY
Consolidated Steel Corporation, Ltd., is a California corporation
whose office and principal place of business is in Los Angeles County,
5 Copies of the notices of hearing were also served upon all the organizations named in footnotes 2 and 3,
except the Teamsters
6 The S W 0 C moved that the American Federation of Labor organization be stricken from the
ballot " It is clear that the motion as stated above is what was intended
48 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
California. At its Los Angeles County plant,' the Company is engaged
in the manufacture, fabrication, processing, selling, and distribution
of boilers, structural steel products, steel derricks, rotary kilns, oil
refinery equipment, welded and riveted pipe, reinforcing steel, truck
bodies, tanks, and other steel products.
Between January 1, 1937, and June 30, 1938, the Company pur-
chased materials for use by it at the Maywood plant having an
aggregate tonnage of more than 74,166.8, at an aggregate purchase
price of $4,295,528. Of such materials, more than 40,482.4 tons,
having a purchase price of $2,324,837.28, were shipped to the Com-
pany's plant from the States of Arizona, Alabama, Connecticut,
Delaware, Indiana, Illinois, Maryland, Michigan, Nevada, New
Jersey, New York, Missouri, Ohio, Oregon, Pennsylvania, Washing-
ton, Wisconsin, and West Virginia.
Between January 1, 1937, and June 30, 1938, the Company sold
products having an aggregate tonnage of 57,978.7, at an aggregate
selling price of $8,246,461.67. Of such products, 2,805.8 tons, having
an aggregate sales price of $696,963.52, were delivered to purchasers
in the States of Arizona, Nevada, New Jersey, New Mexico, Oregon,
Utah, Washington, and Wyoming, in the Territories of Alaska and
Hawaii, in the Philippines, and in Arabia, Java, and South America.
At the June 1940 hearing counsel for the Company stated that the
Company was not contesting the instant proceeding upon juris-
dictional grounds.
H. THE ORGANIZATIONS INVOLVED
Amalgamated Association of Iron, Steel and Tin Workers of North
America, Lodge No. 2058, through the Steel Workers Organizing
Committee, is a labor organization affiliated with the Congress of
Industrial Organizations, admitting to its membership production
and maintenance employees of the Company, excluding executive
and certain supervisory employees, clerical and office employees,
drafting employees, timekeepers, employees in the engineering
department, garage mechanics, truck drivers, gatemen, and employees
who work outside the plant the greater part of the time.
Employees Association of Consolidated Steel Corporation, Ltd.,
is an unaffiliated labor organization admitting to its membership
employees of the Company, except certain supervisory employees.
United Welders, Cutters and Helpers of America, Independent, is
an unaffiliated labor organization admitting to its membership persons
working as welders, cutters, and helpers in the Los Angeles metro-
politan , area.
7 The plant with which the instant cases are solely concerned is referred to in the record, and hereinafter,
as the Maywood plant
CONSOLIDATED STEEL CORPORATION, LTD. 49
Los Angeles County Metal Trades Council is a labor organization
affiliated with the Metal Trades Department of the American Federa-
tion of Labor . The Metal Trades Council is composed of affiliated
labor organizations in Los Angeles County, California , on whose be-
half it is authorized to act for the purposes of collective bargaining.
International Brotherhood of Boilermakers, Iron Ship Builders,
Welders and Helpers of America , Local Union No. 92; International
Association of Bridge , Structural and Ornamental Iron Workers,
Local Unions Nos. 416, 433 , and 509; International Association of
Machinists, Local Union No. 311; International Union of Operating
Engineers , Local Union No. 523; Sheet Metal Workers International
Association , Local Union No. 108 ; International Brotherhood of
Electrical Workers, Local Union No. 83 ; and International Brother-
hood of Blacksmiths , Drop Forgers and Helpers , Local Union No.
212 are labor organizations affiliated with the American Federation
of Labor and the Metal Trades Council , admitting to their member-
ship employees of the Company , excluding executives , certain super-
visory employees , office and clerical employees , and employees in
the engineering department
International Hod-Carriers , Building and Common Laborers Union
of America , Local Union No. 345; United Association of Plumbers and
Steam Fitters of the United States and Canada, Local Union No. 465;
Brotherhood of Painters , Decorators , and Paper Hangers of America;
and International Brotherhood of Teamsters , Chauffeurs , Stablemen,
and Helpers of America 8 are labor organizations affiliated with the
American Federation of Labor, admitting to their membership em-
ployees , of the Company , excluding executives , certain supervisory
employees, office and clerical employees, and employees in the engineer-
mg department.,
III. THE QUESTION CONCERNING REPRESENTATION
In June 1938 the S. W. O. C., claiming to represent a majority of the
Company's employees at the Maywood plant, requested the Company
to recognize it as their exclusive collective bargaining representative.
The Company, questioning its- claim of majority representation,
refused it such recognition. On June 23, 1938, the S. W. O. C. filed
its petition herein, alleging that a question concerning representation
had arisen.s
At various times between January and June 1940, the Welders,
claiming to represent employees of the Company, unsuccessfully
sought to negotiate a collective bargaining agreement with the Com-
8 While the full name of this organization does not appear in the record, it is evident from the testimony
that the organization named is the one involved.
4 See Section V, infra, for a discussion of the history of self-organization and collective bargaining in the
plant and of the showing made at the hearing as to the representation of employees by the S. W. O. C. and
the other labor organizations here involved.
50 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
pany. On May 11 and June 11, 1940, respectively, the Welders filed
herein its petition and amended petition , alleging that a question con-
cerning representation had arisen.
The Metal Trades Council and the Association each claim to repre-
sent employees of the Company.
The Company desires that the Board designate the collective
bargaining representative of its employees.
We find that a question has arise} concerning representation of
employees of the Company
IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION
UPON COMMERCE
We find that the question concerning representation which has
arisen, occurring in connection with the operations of the Company
described in Section I above , has a close, intimate , and substantial
relation to trade, traffic , and commerce among the several States and
with foreign countries , and tends to lead to labor disputes burdening
and obstructing commerce and the free flow of commerce.
V. THE APPROPRIATE UNIT
The S. W. O. C., the Metal Trades Council, and the Association
contend that the appropriate unit for the purposes of collective bar-
gaining is composed of the employees at the Company's Maywood
plant, excluding clerical employees in the administration department
of the Maywood plant, timekeepers, supervisory employees, and truck
drivers. At the 1938 hearing the Company urged that a substantially
similar unit was appropriate.
The Welders claim that all employees at the Maywood plant en-
gaged in oxy-hydrogen, oxy-acetylene, and electric arc welding, and
gas flame cutters, such employees appearing on the Company's pay
roll as welders,, tack welders, auto welders,'0 and burners, excluding
foremen, subforemen, and other supervisory employees and excluding
operators of spot welding machines; constitute an appropriate unit.
1. History of self-organization and collective bargaining
The S. W. O. C. has been 'engaged in organizing the Company's
employees since January 1937 . It has sponsored organizational
meetings, conducted one or more membership drives, and formed a
local lodge. For more than 2 years it has dealt with the Company
through its grievance committee on a plant-wide basis, with respect
to grievances. It has submitted to the Company a proposed collec-
tive bargaining agreement . At the 1940 hearing the Trial Examiner
10 Auto welders are operators of automatic welding machines
CONSOLIDATED STEEL CORPORATION, LTD. 51
stated, upon a check of the S. W. O. C.'s financial records against the
Company's pay roll of June 14, 1940, that 380 names on the financial
cards appeared on the pay roll, which contains the names of approxi-
mately 637 employees within the unit sought by the S. W. O. C.11
At this hearing there was introduced into evidence a statement of
the Regional Director showing that he found, upon a check of
S. W. O. C. authorization cards against the pay roll, that 22 names
on the cards appear on the pay roll within the unit sought by the
Welders, consisting of approximately 87 employees.
The Association was organized in 1933. It has at various times
dealt with the Company on a plant-wide basis concerning grievances,
wages, hours, and working conditions. It has on two occasions sub-
mitted to the Company proposed collective bargaining agreements.
At the 1940 hearing the Trial Examiner stated, upon a check of
Association membership application cards against the June 14, 1940,
pay roll, that 294 names on the cards appear on the pay roll.
At the 1938 hearing the Metal Trades Council introduced the follow-
ing evidence regarding the history and extent of organization at the
plant by its various member craft unions:
(a) The Boilermakers unsuccessfully attempted to organize the
Company's employees at the plant in 1933. The nucleus of a local
organization was formed and lasted a few months. The Boiler-
makers' representative testified that since 1933 his union had done
organizational work at the plant "only through our membership in
what members we have had in the plant." The Boilermakers has
never requested of the Company recognition as bargaining repre-
sentative. 'In November, 1938 the Company had in its employ
between 340 and 370 plant employees Petitions dated November 1,
1938, designating the Boilermakers as bargaining representative, and
containing 29 signatures, were introduced in evidence. Twelve or
thirteen of these signatures are shown to be those of employees who
were working for the Company at its plant on or about the date of
the petitions. Thirteen of the remaining signatures on the petitions
are those of plant employees whose names appear only on an earlier
pay roll.
(b) Bridge Workers Local 509 is the only one of the three Bridge
Workers locals admitting to membership plant employees of the
Company. Local 509's representative at various times in 1937 and
1938 distributed handbills at the Company's plant gates and visited
employees at their homes, for organizational purposes. Its repre-
sentative testified that his organization had 15 or 20 members at the
plant. Local 509 has never had any contact with the Company
11 The Trial Examiner did not check the dates on the S. W 0 C cards or on the Association cards,
referred to below.
52 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
regarding the working conditions of its members , nor has it ever
requested recognition of the Company as a collective bargaining
representative.
(c) The Machinists ' representative testified that his organization
had members at the plant , and that organization by the Machinists
among the Company's employees had proceeded " around the regular
channels" for a number of years. The Machinists has never requested
of the Company recognition as a collective bargaining representative.
Its representative stated he had never had any contact with the
Company.
(d) All eight employees doing gunnite work for the Company at
the time of the 1938 hearing were members of the Hod Carriers.
The particular work on which they were engaged was in the process of
completion during the course of that hearing . At the commence-
ment of the gunnite operation the Company had agreed orally to
obtain all employees for that work from the Hod Carriers and to pay
its wage scale.
(e) The Engineers ' representative testified that his organization
had three members in the Company's employ who worked half of
the time at the Maywood plant and half of the time outside the plant.
He further 'testified that no members of his organization have been
engaged in "organizing activities" at the plant. The Engineers
has never asked for "bargaining rights" for its membership at the
plant.
(f) The Sheet Metal Workers, Blacksmiths, Electrical Workers,
Painters, and Plumbers had no membership among employees at the
Maywood plant at the time of the 1938 hearing and there is no evidence
that any of these organizations ever engaged in organizational activity
at the plant.
The Welders was formed on June 8, 1939, and has since been en-
gaged in organizing employees of the Company. It has carried on
negotiations with the Company regarding the wages and working
conditions of its members at the plant and has submitted to the Com-
pany a proposed exclusive collective bargaining agreement. At the
1940 hearing there was introduced into evidence a statement of the
Regional Director showing that he found, upon a check of the welders'
authorization cards against the June 14, 1940, pay roll, that of the
87 employees named on this pay roll within the unit contended for by
the Welders, 54 appear to have signed Welders' authorization cards.
The business representative of the Welders testified that the Welders
had a membership of several hundred in the Los Angeles metropolitan
area; that it has carried on contract negotiations with other employers;
and that it has secured wage increases in several other plants.
i ., CONSOLIDATED STEEL CORPORATION, LTD. 53
,2. : The unit claimed by the Welders
The" Maywood plant is divided into the following departments:
structural shop, light, shop, welding shop, blacksmith shop, reinfore-
ing shop,, hull fabrication, receiving yard, and machine shop. One
lob may require operations in several departments. Welders and
burners, or, either, work in the various departments throughout the
plant, on jobs requiring close cooperation with other employees in these
departments, such as, ,fitters, layer-outs, machinists, riveters, drill-
_press operators , sheet metal workers, etc. Thus, on June 14, 1940,
there were 32 welders in the welding shop, 19 in the light shop, 11 in
the structural shop, 6 in the hull-fabrication shop and 1 in the reinforc-
ing shop.' 'Burners are to be found in the welding shop, receiving
yard,' and structural' shop.
'One subforeman'in; the welding shop and one in the light shop have
supervision solely over the welders in those departments. These
subforemen,' among others, are under the supervision of the general
foremen' in their'departinents. In the departments other than the
light and welding shops, the general 'foremen have direct charge of
the' weld'er's as well as of all the other employees in their particular
'departments.-,
In general there appears to be considerable interchangeability of
employees among various departments and types of work done at the
,plant. !Like, other employees, welders at the plant are at times trans-
'ferred,.from one department to another. The business agent of the
• Welders; testifying regarding the work of welders generally, admitted
.that some welders do work besides welding, such as laying out, buckling
up, and , similar , work. Although welders at the Maywood plant
appear ,for the most part to engage,in welding only, they do a little
chipping, incidental to their-welding work, and welders and burners
, are at times transferred to the position of general helper.
''In, support of'its claim that a unit of welders and burners is appro-
priate, the Welders introduced evidence to show (1) that welders con-
sider,themselves to be skilled craftsmen and have in the past made
efforts in various parts of the United States to form and maintain
organizations' of welders; (2) that a ' person requires training, experi-
ence, and skill before, qualifying as an all-around welder; (3) that a
person is required to take various welders' tests to qualify for certain
types of welding work such as aircraft welding for the United States
Air Corps; (4) that an apprenticeship system has been set up in the
field of aircraft welding and that the Welders was seeking to gain
recognition of welding as an apprenticeship trade; (5) that Federal,
State and city governments have given civil service examinations in
the field of welding; (6) that welders at the Company's plant receive
substantially the same rates of pay as skilled craftsmen; (7) that the
323429-42-vol. 26-5
54 DECISIONS OF NATIONAL LABOR RELATIONS' BOARD
1940 census has a separate occupational classification for "welders
and flame cutters"; (8) that welders are subject to particular occupa-
tional hazards and that insurance rates for welders are higher than
those for ordinary industrial craftsmen; and (9) that the Unit'e'd'Air-
craft Welders of America, another independent labor organization
of welder's in Southern California, has succeeded in bettering the
conditions of welders in the aircraft industry, has negotiated contracts
with several aircraft manufacturers, and has been certified by the
Board as exclusive bargaining representative in throe cases."
lli Matter of Great Lakes Engineering Works and Welders Inter-
national Association," the Board said:
In most industries welding and burning are operations per-
formed by skilled workmen ill connection with their work. in a.
broader field, as for example, the craft of boiler making., Welding
and burning are performed in comnection-with the construction
and repair of boilers which- requires, in addition, craftsmen
particularly skilled in other operations.. This is also ,true of
nearly every industry requiring use of the burning or welding
process. Consequently, welders and burners, or either, alone,
do not constitute a distinct craft and are in most cases necessarily
merged into crafts with which their work is associated.
In that case the Board recognized an exception, to the general rule
upon a showing that the welders and burners there involved'had been
segregated into one department under one foreman for a period' of 20
years. Chairman Madden is of the opinion that the instant case
presents no reason for departure from the rule.'4' Mr. Edwin S.
Smith is of the opinion that the unit claimed by the Welders is inap-
propriate for the reasons set forth in his concurring opinion ' herein.
The petition filed by the Welders will therefore be dismissed.
3. The unit claimed by the S. W. 0. C., the Metal Trades Council, and
the Association
The S. W. 0. C., the Metal Trades Council, and the Association
agree, except as indicated below, that a unit composed of employee's
at the Company's Maywood plant, excluding clerical employees
employed in the administration department of the Maywood' plant,,
timekeepers, supervisory employees, and truck drivers, is appro-
12 These cases are ifatter of North A,nerican Aviation 'Inc and United Automobile Workers of Ara ' erica
local No 228, C 10 , 13 N L It 13 1134 , Matter of Ryan Aeronautical Co and United Aircraft Welders of
America Inc , 15 N 1, K B 812, and halter of The Douglas Aircraft Co,, Inc , El Segundo Dwzsion'and
United Airraft Welders of Aunerica ( Independents), 16 N L . K 13 93. In each of these cases, unlike the rn-
,tant case, the only labor organization opposing the contention for a welders ' unit made no shoe'nig of any
substantial representation of eniplo)ees in such unit or in any other unit
is 5 N L N B 788
14 Cf Matter of Consolidated Aireroft Corporation and International Union, United Itutomobile 11' rl, era' of
America, Local No 606, C 1 0 , 7 N L It 13 1061 ,
CONSOLIDATED STEEL CORPORATION, LTD. 55
priate for the purposes of collective bargaining.15 It was stipulated
at the 1940 bearing by the Association, the Metal Trades Council,
the S. W. 0. C., and the Company that shipping and yard clerks may
be included within this unit. We see no reason to alter the unit as
agreed upon, except as indicated below.
It was further- stipulated at the 1940 hearing by the Company,
the S. W. 0. C., the Association, and the Metal Trades Council that
foremen and subforemen should be excluded from the unit. However,
the -parties did not define which employees were to be excluded as
subforemen. At the 1938 hearing the S. W. 0. C. took the position
that foremen and subforemen appearing on the Company's pay roll
in classifications three and four should be excluded from the unit.
At one point the representative of the Metal Trades Council stated
that it desired the exclusion of only those supervisors having the
powers to hire, discharge, promote, and demote employees. At
another point, however, he stated that there was, no disagreement
over the employees in classification three, who do not have such
powers. The Company contended that only supervisors with powers
to hire, discharge, promote, and demote should be excluded from
the unit.
'The evidence shows that subforemen, strawbosses, or pushers at
the Company's plant appear on the pay roll in both classifications
three and four. Classification three is entitled "Foremen (not
monthly but shop or field)." Classification four is entitled "Leaders
and pushers-shop." These subforemen, strawbosses, or pushers do
not have the authority to hire or discharge employees. They do,
however, supervise the work of employees under them, give orders to
such employees, undoubtedly influence decisions affecting discharges
and lay-offs, and are considered supervisors by employees in the plant.
In view of the desire of one of the labor organizations involved that
these supervisory employees should be excluded from the unit, in
view of the stipulation to exclude foremen and subforemen entered
into at the 1940 hearing, and on all the evidence, we will exclude from
the unit the foremen, subforemen, strawbosses, and pushers who
appear in classifications three and four on the Company's pay roll.16
is At the 1938 hearing , the Metal Trades Council on behalf of the'l'eamsters made certain claims regarding
the truck drivers at the plant. At the 1940 hearing , however, the representative of the Metal Trades Council
stated that at the present time he was not claiming that the truck drivers should be in the appropriate unit
ii At the November 1938 hearing the president of the S. W 0 C. testified that employees in classifications
three and four were not eligible to membership in the S W 0 C They are eligible to membership in one
or more of the craft unions affiliated with the Metal Trades Council On cross-examination of the president
of the S. W. 0 C., the Trial Examiner excluded a line of examination apparently directed toward showing
that certain allegedly supervisory employees , including some of those in classifications three and four, are
eligible to membership in the S. W 0. C. We believe this ruling was erroneous . It is not prejudicial,
however, since , as we have held, the boundaries of eligibility for membership in a labor organization need
not coincide with the appropriate unit sought by such laboi organization for purposes of collective bar-
gaining: See Matter of Mt Vernon Car Manufacturing Company , a corporation and Local Lodge No. 1756,
Amalgamated Association of Iron, Steel and Tin Workers of North America, affiliated with the Committee for
Industrial Organization , 11 N. L R B 500.
56 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
At the 1938 hearing the S. W. O. C. contended that gatemen should
be excluded from the unit. The Company also desired their'exclusion,
since it considered them to be confidential employees: The Metal
Trades Council desired their inclusion. The Association''took no
position with respect to the gatemen. At the 1940 'hearing none-of
the parties changed their position with regard ,to the, gatemen. The
gatemen are eligible to membership in Bridge Workers Local 509.
They are not eligible to membership in the S. W: O. C: There are
from three to five gatemen who are stationed at the plant gates; are
uniformed, and carry badges showing their status as special, -deputies
of the sheriff. Their duties consist of watching the gates; and patrol-
-ling the plant at night. They also inform applicants for jobs whether
there are any available. Since one of the labor organizations in--
volved desires their exclusion, we shall exclude the gatemen from the
appropriate unit. -
At the 1938 hearing the S. W. O. C. and the Metal Trades Council
appeared to be in agreement that employees in the engineering depart-
ment appearing on the Company's 'p ay roll as designers, squad leaders,
checkers, and detailers should be excluded from the unit. The Asso-
ciation took no position with respect to these engineering department
employees. These employees are not eligible to' membership in the
S. W. O. C. or in any of the craft unions here involved. At thei1940
hearing none of the parties took any position regarding such em-
ployees. We shall exclude these employees from the unit., •
We find that all employees at the Company's Maywood, plant,
including shipping and yard clerks, and excluding` clerical employees
employed in the administration department, 'timekeepers, foremen,
suhforemen, strawbosses, and pushers in classifications three' and four
on the Company's pay roll, truck drivers, gatemen; and designers,
squad leaders, checkers, and detailers in the engineering department,
constitute a unit appropriate for the purposes of .collective bargaining
and that said unit will insure to employees' of the Company the full
benefit of their right to self-organization and' collective bargaining
and otherwise effectuate the policies of, the Act,
VI. THE DETERMINATION OF REPRESENTATIVES',
We find that the question concerning representation.which has
arisen can best be resolved by an election by secret ballot.
The S. W. O. C, claiming that the Metal Trades Council has made
no substantial showing of membership among employees at, the plant
and that the Association has made no substantial, showing of current
membership among employees at the plant, contends that • those
organizations are not entitled to places on the ballots. We are of the
CONSOLIDATED STEEL CORPORATION, LTD. 57
opinion that the Metal Trades Council and the Association have made
showings of membership among the employees at the plant sufficient
to'eintitle them to a place on'the ballot. Accordingly, the ballot will
contain the names of the S. W. O. C.; the Metal Trades Council,'' and
the Association.,;
The S'.'W. 0.'C. requests that the pay roll of June 14, 1940, be used
for determining the eligibility of the employees to vote in the election,
on the ground that the Company's pay roll is abnormally large and is
likely to become' more so. The Company requests that the Board
follow its usual practice of determining eligibility as of the pay-roll
period immediately preceding the date of the Direction of Election.
The record shows that, at least in the past, there have been consider-
able fluctuations in' employment at the plant. However, counsel for
the Company stated at the hearing that there has been no substantial
increase'in employment since January 1, 1940, and that there was no
prospect of any immediate substantial increase in the number of
employee's. The record does not show that the pay-roll date re-
quested by'the'S. W. 0. C. is more or less normal than any other date.
We'see no'reason to depart from our usual practice, and shall direct
that 'the employees eligible to vote shall be those within the appro-
priate' unit during the pay-roll period immediately preceding the date
of the Direction of 'Election herein, including those who did not work
during 'such pay-roll period because they were ill or oil vacation and
those who were, then or have since been temporarily laid off,' but
excluding those who have since quit or been discharged for cause.
Upon the basis of the above findings of fact and upon the enti°c
record in the case, the Board makes the following:
CONCLUSIONS OF LAW
;,,1. A,question affecting commerce has arisen concerning the repre-
sentation, of employees of Consolidated Steel Corporation, Ltd.,
Los Angeles County, California, within the meaning of Section 9 (c)
and Section 2 (6) and (7) of the Act.
2. All employees of, the Company at its Maywood plant, including
shipping and yard clerks, and excluding clerical employees employed
in the administration department; timekeepers, foremen, subforemen,
strawbosses, and pushers in classifications three and four on the Com-
pany's pay roll, truck drivers, gatemen, and designers, squad leaders,
checkers, and' detailers in the engineering department, constitute a
unit appropriate for the purposes of collective bargaining, within the
meaning of Section 9 (b) of the Act.
IT It is evident from the record that the Metal Trades Council and its affiliated craft unions desire that the
name of the Metal Trades Council appear on the ballot , and not the names of the craft unions
58 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 Rela-
tions Act, 49 Stat. 449, and pursuant to Article III, Section 8, of
National Labor Relations Board Rules and Regulations-Series 2, as
amended, it is hereby
DIRECTED that, as part of the investigation authorized by the
Board to ascertain representatives for the purposes of collective bar-
gaining with Consolidated Steel Corporation, Ltd.,, Los Angeles
County, California, 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 of Election, under the direction and supervision of the
Regional Director for the Twenty-first Region, acting in this matter
as agent for the National Labor Relations Board and subject to
Article III, Section 9, of said Rules and Regulations, among all em-
ployees of Consolidated Steel Corporation, Ltd., at its Maywood,
plant (Los Angeles County, California), who were employed by it
during the pay-roll period immediately preceding the date of this
Direction of Election, including shipping and yard clerks, employees
who did not work during such pay-roll period because they were ill
or on vacation, and employees who were then or have since been
temporarily laid off, but excluding clerical'employees employed in the
administration department, timekeepers, foremen, subforemen, straw-
bosses, and pushers in classifications three and four on the Company's
pay roll, truck drivers, gatemen, and designers, squad leaders, check-
ers and detailers in the engineering department, and those who have
since quit or been discharged for cause, 'to determine whether they
desire to be represented by Amalgamated Association of Iron, Steel
and Tin Workers of North America, Lodge No. 2058, through the
Steel Workers Organizing Committee, by Employees Association' of
Consolidated Steel Corporation, Ltd., or by Los Angeles County
Metal Trades Council, for the purposes of collective bargaining, or by
none of them.
ORDER
Upon the basis of the foregoing findings of fact and conclusions of
law, the National Labor Relations Board hereby orders- that the
petition for an investigation and certification filed by United Welders,
Cutters and Helpers of America, Independent, be, and it hereby is,
dismissed.
MR. EDWIN S. SMITH, concurring:
I concur in the foregoing findings of fact, conclusions of law, Direc-
tion of Election, and Order.
CONSOLIDATED STEEL CORPORATION, LTD. 59
1-fowever, as I stated in the Consolidated Aircraft case,18 I do not
think that the question of whether or not the welders are, a craft is
determinative of the issue raised here. I adhere to my belief that
welders are a class of skilled workers with common economic interests
and that they may, under certain circumstances, constitute a unit
appropriate for the purposes of collective bargaining.19 In the instant
case, however, in the absence of a history of collective bargaining on
behalf of the welders alone prior to the establishment of bargaining
relationships on an industrial basis, I do not believe that the effective-
ness 'of the bargaining power of the great majority of the employees
should he impaired by splitting off from the industrial unit a separate
unit for the welders, even if they constituted a craft or may constitute
an appropriate unit under other circumstances."
'Mn. WILLIAM M. LEISERSON took no part in the consideration of
the above Decision, Direction of Election and Order.
is7N L R B 1061,1067.
19 See my dissent in Matter of The Novelty Steam Boiler Works and Local 101, Welders, Burners , Appren-
tices, A F of L, 7 N L R B 969.
YU See my dissent in Matter of Allis-Chalmers Manufacturing Company and International Union, United
Automobile Worker of America, Local 248, 4 N L R B 159, 175