New Market Steel Co., Inc.

National Labor Relations Board - Board Decisions

Dec 28, 1943

54 N.L.R.B. 90 (N.L.R.B. 1943)

In the Matter of NEW MARKET STEEL Co., INC. and INTERNATIONAL
BROTHERHOOD OF BOILER MAKERS, IRON SHIPBUILDERS , WELDERS AND
HELPERS OF AMERICA, A. F. L.
Case No. 4-R-12.50.-Decided December 28, 1943
Mr. Roberts B., Thomas, of New York City, for the Company.
Mr. Louis H. Wildernaan, of Philadelphia, Pa., for the Union.
Miss Frances Lopinsky, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by International Brotherhood of Boiler
Makers, Iron Shipbuilders, Welders and Helpers of America, A. F. L.J
herein called the Union, alleging that a question affecting commerce
had arised concerning the representation of employees of New Market
Steel Co., Inc., New Market, New Jersey, herein called the Company,
the National Labor Relations Board provided for an appropriate hear-
ing upon due notice before Eugene M. Purver, Trial Examiner. Said
hearing was held at New Brunswick, New Jersey, on November 3,
1943. The Company and the Union appeared and participated.2 All
parties were afforded full, opportunity to be heard, to examine and
cross-examine witnesses, to introduce evidence bearing on the issues
and to file briefs. The Trial Examiner's rulings made at the hearing
are free from prejudicial error and are hereby affirmed.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
New Market Steel Co., Inc., a New Jersey corporation located at
New Market, New Jersey, is engaged as a subcontractor, in the business
of assembling, welding, and delivering structural steel sections of hulls
3 At the hearing, on motion of the Union , all formal papers were amended to correspond
with this , the correct Union name.
United Steelworkers of America , C. I. 0., also served with notice , did not appear.
54 N. L. R. B., No. 19.
90
NEW . MARKET STEEL CO., INC. 91 4
to shipyards located within the State of New Jersey. The Company
purchases certain expendable supplies of which a portion, amounting
to 11/2 percent of the materials used by the Company, comes from points
outside the State of New Jersey. The steel, which is its sole raw ma-
terial, is owned by the United States Navy and the United States
Merchant Marine. It is, delivered to the Company at its New Market
plant by the prime contractors. After the steel has been fabricated
and assembled into hulls by the Company, it is returned to the prime
contractors who incorporate the hulls into landing craft and oil tank-
ers which are used in the prosecution of the war. During the year
ending July 31,1943, the Company received more than a million dollars
for its services.
The Company contests the jurisdiction of the Board, contending
that its raw material comes wholly from within the State of New
Jersey, that the production of its prime contractors would not be
affected by cessation of its operations, and that its product is used
solely for war purposes and therefore bears no relation to commerce.
These contentions are not supported by the record. The Company
manufactures vital parts of instrumentalities used for purposes of
transportation. Transportation is nonetheless commerce within the
meaning of the Act because men and materials are being transported
for reasons of war and not for business or pleasure. We cannot be-
lieve that cessation of the Company's operations would have no effect
upon the operation of its two customers who depend upon the Com-
pany for,services worth over a million dollars. We take notice of
the improbability that the vast amount of steel used by the Company
originates within the State of New Jersey. We find that the business
of the Company affects commerce within the meaning of the National
Labor Relations Act.3
II. 'THE ORGANIZATION INVOLVED
International Brotherhood of Boiler Makers, Iron Shipbuilders,
Welders and Helpers of America, is a labor organization affiliated
with the American Federation of Labor, admitting to membership
employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company refused to grant recognition to the Union as exclusive
bargaining representative of its employees until the Union is certified
by the Board in an appropriate unit.
8 Newport News Shipbuilding & Dry Dock Co . v. N. L. R. B., 101 F. (2d) 841; Matter of
Spandsco Oil & Royalty Company, 42 N. L. R. B. 942; Matter of Ace Foundry Limited.
38 N. L. R. B. 392.
92 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
A statement of the Regional Director introduced into evidence at
the hearing indicates that the Union represents a substantial number
of employees in the unit herein found to be appropriate .4
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 in its petition requested a unit of all production and
maintenance employees of the Company, including truck drivers,
checkers, and snappers, excluding supervisory and clerical employees,
guards, and watchmen. The Company objected to the inclusion in
the unit of snappers, truck drivers, and checkers. At the hearing the
parties agreed to the inclusion of non-supervisory snappers and the
exclusion of snappers 'designated as leaders. We see no reason to
depart from the agreement of the parties respecting the snappers. .
Truck drivers: The truck drivers do not work within the plant.
They are engaged solely in the driving of trucks from the plant to
points where the Company's products are delivered. Since they are
neither production nor maintenance employees, and since they do not
share the working conditions of such employees, we shall exclude
truck drivers from the unit.
Checkers: The employees referred to by the Union as checkers are
classified on the Company's pay roll as clerical employees or as expedi-
ters. The former check time; the latter check materials.
The time checkers note the men working in their various crafts at
different locations within the plant, take time records and prepare
time cards. They work under the supervision of the chief timekeeper.
They have no authority to hire, discharge, or discipline, but have a
duty to report facts which may lead to an employee's promotion or
dismissal. Due to the nature of their work, they have access to infor-
mation concerning rates of pay and plans of the Company with refer-
ence to changes in the status of employees. We agree with the Com-
pany that the time checkers are both clerical and confidential em-
ployees and shall exclude them from the unit.'
The expediters or material checkers work under the direction of the
plant superintendent. It is their duty to trace material as it passes
from one part of the plant to another to see that it is delivered at the
4 The Regional Director reported that the Union submitted 273 authorization cards, 168
of which bear apparently genuine original signatures corresponding with the names of
persons listed on the Company' s pay roll for September 26, 1943, which contained the
names of 457 persons in the unit requested in the petition.
' Matter of Paramount Pictures , Inc., 45 N. L. R. B. 116; Matter of The Babcock & Wilcox
Co , 52 N. L R B. '900.
NEW MARKET STEEL CO., INC. 93
-proper place when needed. The Company contends that the expediters
are confidential employees and should be excluded from the unit. They
sometimes have advance information as to how work is going to be
assigned but they do not share the time checker's knowledge of matters
affecting labor relations. In our opinion the work of expediters is
not confidential and it is closely related to that of production em-
ployees. We* shall, therefore, include expediters in the unite
We find that all maintenance and production employees of the
Company, including non-supervisory snappers and expediters, but
excluding clerical employees, guards, watchmen, snappers in a super-
visory position, time checkers, truck drivers, and all supervisory em-
ployees with authority to hire, promote, discharge, discipline, or other-
wise effect changes in the status of employees or effectively recommend
such action, 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 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.
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, and pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 3, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with New Market Steel
Co., Inc., New Market, New Jersey, 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 Fourth 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
the 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 in the armed forces of the
United States who present themselves in person at the polls, but
6 Matter of Panqborn Corporation , 53 N L. R B . 726; Matter of The Black & Decker
Electric Company, 47 N L R B. 726 ; Matter of Worthington Pump it Machinery Corp.,
44 N. L. It. B. 779.
94 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 International Brotherhood of Boiler Makers, Iron Shipbuilders,
Welders and Helpers of America, affiliated with the American Fed-
eration of Labor, for the purposes of collective bargaining.
MR. GERARD D. REILLY took no part in the consideration of the
above Decision and Direction of Election.