Kaiser Company, Inc.

National Labor Relations Board - Board Decisions

Mar 13, 1944

55 N.L.R.B. 528 (N.L.R.B. 1944)

In the Matter Of KAISER COMPANY, INC. IRON AND STEEL DIVISION and
UNITED STEELWORKERS OF AMERICA, CIO
In the Matter of KAISER COMPANY, INC. IRON AND STEEL DIVISION and
SAN BERNARDINO METAL TRADES COUNCIL AND ITS AFFILIATED UNIONS
THERETO, A. F. of L.
Cases Nos. IR-5533 (01-R-1954) and 21-R-9058 respectively
SUPPLEMENTAL DECISION
AND
AMENDED CERTIFICATION
March 13, 1944
On November 24, 1943, the National Labor Relations Board issued
its Decision and Direction of Election in the above-entitled proceed-
ing 1 and pursuant thereto, on December 21, 1943, an election by secret
ballot was conducted by the Regional Director for the Twenty-first
Region (Los Angeles, California). Subsequent to the issuance of the
Decision and Direction of Election but prior to the conduct of the
election, General Drivers Union, Local 467, AFL, filed a petition with
the Board in Case No. 21-R-2225, seeking an election in a unit con-
sisting of all persons employed as chauffeurs driving company cars
throughout the plant in transporting company officials and guests.
Thereafter, a hearing was held on the Truck Drivers' petition and the
Board has this day issued its Decision and Order dismissing the
petition.
On February 10, 1944, the Board issued its Supplemental Decision
and Certification of Representatives in this proceeding excluding from
the unit covered by the certification, inter alia, all persons employed
as chauffeurs, driving company cars throughout the plant in trans-
porting company officials and guests, but stating that this exclusion
was without prejudice to a later determination, after examination of
the relevant facts, that such employees should not be set apart from
the production and maintenance employees.2 As stated in the Decision
and Order in Case No. 21-R-2225, the Board has concluded upon a
1 53 N . L R B 880
2 54 N I. R B 1219
55N L I{ B, No. 98.
528
KAISER COMPANY, INC. 529
consideration of the relevant facts, that the chauffeurs in question do
not constitute a separate bargaining unit and that they are among the
occupational groups included in the bargaining unit of production and
maintenance employees previously found appropriate. Since it ap-
pears that the outcome of the election of December 21, 1943, could not
have been affected by the votes of the chauffeurs claimed by the Truck
Drivers had such employees been permitted to participate in the elec-
tion, the Certification in this proceeding is hereby amended so as to
redefine the appropriate unit by including therein all persons em-
ployed as chauffeurs driving company cars throughout the plant in
transporting company officials and guests.
AMENDED CERTIFICATION
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, Sections 9 and 10, of National Libor
Relations Board Rules and Regulations-Series 3
IT IS aEi;Ln3Y CERTIFIED that United Steelworkers of America, affil-
iated with the Congress of Industrial Organizations, has been des-
ignated and selected by a majority of all production and maintenance
employees of Kaiser Company, Inc., Iron and Steel Division, at its
plant at Fontana, California, and at the Moss Clay Pit, including shop
clerical employees, timekeepers, all persons employed as chauffeurs,
driving company cars throughout the plant in transporting company
officials and guests, but excluding executives, office and clerical em-
ployees, administrative employees, agricultural employees, plant-pro-
tection employees (guards and firemen), full-time first-aid and safety
employees, watchmen other than crossing watchmen and flagmen, fore-
men, and any other supervisory employees with authority to hire, pro-
mote, discharge, discipline, or otherwise effect changes in the status of
employees or effectively recommend such action, and also excluding
all employees presently carried on the separate construction pay roll,
as their representative for the purposes of collective bargaining, and
that, pursuant to Section 9 (a) of the Act, the aforesaid organization
is the exclusive bargaining representative of all such employees for the
purposes of collective bargaining with respect to rates of pay, wages,
hours of employment, and other conditions of employment.
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