Pittsburgh Plate Glass Co.

National Labor Relations Board - Board Decisions

Dec 6, 1943

53 N.L.R.B. 1181 (N.L.R.B. 1943)

In the Matter Of PITTSBURGH PLATE GLASS COMPANY and DISTRICT 50,
UNITED MINE WORKERS OF AMERICA
III the Matter Of PITTSBURGH PLATE GLASS COMPANY and CHEMICAL
WORKERS UNION No. 23514 OF AMERICAN FEDERATION OF LABOR
In the Matter Of PITTSBURGH PLATE GLASS COMPANY and CHEMICAL
PLANT GUARDS UNION OF AMERICAN FEDERATION OF LABOR, LOCAL
23536
Cases Nos. 6-R-803, 6-R-810 and 6-R-838 respectively-Decided
December 6, 1943
Messrs. Harold W. Hawes, Clarence Moser, J. A. Neubauer, and
T. R. Donaghue, all of Pittsburgh, Pa., for the Company.
Messrs. W. 0. Donahue and Joseph Distefano, of Bellaire, Ohio, for
the U. M. W.
,Mr. H. J. Paar, of New Martinsville, W. Va., for the Chemical
Workers and the Chemical Plant Guards.
Mr. John F. Victozone, of Neff, Ohio, Mr. Frank Lasick, of Pitts-
burgh, Pa., and Mr. John Grady, for the C. I. O.
Mr. A. Sumner Lawrence, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
Upon petitions duly filed by District 50, United Mine Workers of
America, herein called the U. M. W., Chemical Workers Union No.
23514, A. F. L., herein called the Chemical Workers, Chemical Plant
Guards Union of the American Federation of Labor, Local 23536,
herein called the Chemical Plant Guards,' alleging that questions af-
fecting commerce had arisen concerning the representation of em-
ployees of Pittsburgh Plate Glass Company, New Martinsville, West
Virginia, herein called the Company, the National Labor Relations
Board provided for an appropriate consolidated hearing upon due
IIncorrectly referred to in the petition and other formal papers as Chemical Plant
Guards union of the American Federation of Labor, and corrected by stipulation at
the hearing.
53 N. L. R. B., No. 213.
559015-44-vol. 53-70 _
1181
1182 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
notice before W. G. Stuart Sherman, Trial Examiner. Said hearing
was held at New Martinsville, West Virginia, on November 4, 1943.
The Company, the U. M. W., the Chemical Workers, the Chemical
Plate Guards, and the Congress of Industrial Organizations, herein
called the C. I. 0., appeared, participated, and were afforded full op-
portunity to be heard, to examine and cross- examine witnesses, and to
introduce evidence bearing on the issues. The Trial Examiner's rul-
ings made at the hearing are free ,from prejudicial error and are hereby
affirmed. All parties were afforded the opportunity to file briefs with
the Board.
Upon the entire record in the case, the,Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Pittsburgh Plate Glass Company, a Pennsylvania corporation, has
its principal place of business in Pittsburgh, Pennsylvania, and is en-
gaged in the manufacture, sale, and distribution of various types of
chemicals, varnishes, paints, lacquers and many types of glass. The
Company operates and maintains many plants throughout the United'
States, including a plant known as the Natrium plant, the only one
involved in this proceeding and situated near New Martinsville, West
Virginia. The Natrium plant is owned by the Defense Plant Corpo-
ration of the United States Government and has been operated by the
Company since July 1943 for the manufacture of chlorine gas, liquid
chlorine and liquid caustic soda. During the months of July and Au-
gust, 1943, the-Company purchased and shipped to its Natrium plant
from points outside the State of West Virginia raw material having
a value of approximately $10,400. During the month of August 1943,
the Company sold and shipped from its Natrium plant finished prod-
ucts having a value of approximately $14,400. Of the Company's total
production, about 80 percent is devoted either directly or indirectly to
the National War Effort. We find that the Company is engaged in
commerce within the meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
District 50 is a labor organization affiliated with the United Mine
Workers of America, admitting to membership employees of the
Company. -
Chemical Workers Union No. 23514, is a labor organization affiliated
with the American Federation of Labor, admitting to membership em-
ployees of the Company.
Chemical Plant Guards Union of the American Federation of Labor
Local 23536, is a labor organization admitting to membership em-
ployees of the Company.
PITTSBURGH PLATE GLASS COMPANY 1183
The Congress of Industrial Organizations is a labor organization
admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On July 27, 1943, the U. M. W., claiming to represent a majority of
the employees at the Company's Natrium plant, requested in writing
that the Company arrange a meeting for the purpose of collective
bargaining. The Company replied that the U. M. W. would have to
prove its claim to majority representation before the Company could
enter into negotiation with the U. M. W.
On August 24, 1943, the C. I. O. advised the Company that it was
in the process of organizing the employees of the Company's Natrium
plant and that it claimed an interest in any proceedings regarding the,
aforesaid employees.
On or about September 2, 1943, the Chemical Workers and the
Chemical Plant Guards requested exclusive recognition as the collec-
tive bargaining agents for separate units of the production and main-
tenance employees, and plant guards, respectively, employed at the
Company's Natrium plant. The Company declined to bargain with
either organization until certified by the Board.
A statement of the Regional Director introduced in evidence at the
hearing, indicates that the U. M. W., the C. I. 0., the Chemical Work-
ers, and the Chemical Plant Guards, each represents a substantial
number of employees of the Company in the unit which it claims to be
appropriate.2
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 National Labor Rela-
tions Act.
IV. THE APPROPRIATE UNITS
The U. M. W., the C. I. 0., and the Chemical Workers are in agree-
ment and contend that the appropriate industrial unit should consist
of all production and maintenance employees at the Company's
8 With respect to the production and maintenance unit, which according to the Com-
pany 's pay roll of September 10, 1943 , contains approximately 161 employees , the Regional
Director reported that the U M. W. had submitted 74 membership cards dated between
July and September 1943, of which 71 bore the apparently genuine signatures of persons
whose names appear on the said pay roll of the Company ; that the Chemical Workers
Union had submitted 141 application for membeiship cards dated during August and
September 1943 , of which 127 bore the apparently genuine oiigmal signatures of persons
whose names appear on the said pay roll ; that the C I O. had submitted 22 membership
cards dated during September 1943 , of which 20 boie the apparently genuine signatures
of persons whose names appear on the said pay roll.
With respect to the plant guard unit, the Regional Director reported that the Chemical
Plant Guards had submitted 23 membership cards dated during September 1943, all of
which cards bore the apparently genuine original signatures of persons whose names appear
on the Company ' s pay roll of October 8, 1943, containing approximately 24 names in the
claimed appropriate unit of plant guard employees.
1184 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Natrium plant including janitors, cleaners and laboratory employees
(analysts), but excluding foremen, office clerical employees, chemists,
and plant-protection guards and all supervisory employees with
authority to hire, promote, discharge, discipline, or otherwise effect
changes in the status of employees or effectively recommend such
action. The Company does not oppose the general classifications of
the unit as agreed upon by the unions, but contends that analysts should
be excluded therefrom as confidential employees.
The Chemical Plant Guards, which alone of the unions is interested
in the Company's militarized guards, contends that the appropriate
guard unit should consist of all guards, including corporals, but exclud-
ing all other employees and all supervisory employees with authority
to hire, promote, discharge, discipline, or otherwise effect changes in
the status of employees, or effectively recommend such action. The
Company's only objection to the proposed guard unit is that corporals
should be excluded therefrom as supervisory employees.
With respect to the disputed category of analysts,3 it appears that
analysts, who are predominately female employees, are not scientifi-
cally trained chemists, but are merely required to have a high school
education or its equivalent. They are trained by the Company in a
short period of time to make limited routine tests of raw materials
and products for the purpose of maintaining quality production.4 As
a group, analysts are incapable of doing research and could not analyze
any new, product that might be brought to their attention for testing
purposes. By comparison with the Chief chemist who has knowledge
of all the Company's formulas, the group of analysts know only the
formulas with which they are working, and do not receive reports of
tests on their completion. They also have no access to the files or
correspondence of the Company and keep no permanent files in con-
nection with their work. While they are salaried employees, their
salaries are in the lower brackets and are comparable. to the wages
received by the ordinary production and maintenance employees.
About the same initial qualifications are required for analysts and pro-
duction and maintenance employees, the' qualifications in each case
being a fair amount of intelligence and education. Analysts have
apparently no supervisory duties and work under the direction of the
more experienced chemical engineers. Not only do the U. M. W.', the
3 Under the classification of analysts are two female employees who are known under
the designation of sample carrier and bottle washer , and whose duties consist of carrying
pint bottles of chemicals from the production room to the laboratory . While their present
duties are purely physical , it appears that they are in training for future positions as
analysts.
4 After an analyst makes a routine test of a bottle of chemical material ,, she lists the
results of the test in a note book in the laboratory and this information is passed on to
the clerks in other offices who make typewritten reports of the results of her analysis.
It appears that the analyst is never advised concerning the result of her reports.I
PITTSBURGH PLATE GLASS COMPANY 1185
Chemical Workers and the C. I. 0. all' admit analysts to membership,
but the U. M. W., the C. 1. 0., and the Chemical Workers have in many
instances included analysts under collective bargaining agreements
covering plants similar to ,that involved in the present instance .5 The
Board has frequently found that employees with similar status and
duties should be included in a production unit." Accordingly, we find
that the analysts in question are neither supervisory nor confidential
employees; we shall include these nonprofessional laboratory workers
within the appropriate unit of production and maintenance employees.
There remains for consideration the, question of including or ex-
cluding corporals from the unit of plant-protection employees. This
group consists of 19 guards and 4 corporals, all of whom are armed,
wear prescribed uniforms, and are militarized through having taken
the oath prescribed by the Fifth Service Command of the United
States Army. The guards hereinabove referred to as "corporals" are
in charge of the other guards on their respective turns, there being at
the present time no higher ranking guard officers or supervisors other
than the Fire Chief and Personnel Director, who share the function
of supervision with respect to guards 7 Corporals issue orders to the
guards, supplementing and explaining the general orders and instruc-
tions issued by the Company. Corporals also assign the guards to
specific posts, transfer them from one post to another, and on occa-
sion prevent them from going to work when they report in a condi-
tion unfit for duty. While corporals do not have the power to hire or
discharge employees or the guards, they apparently have duties usually
performed by a captain or sergeant of the guards, such as patroling
and inspecting the work .and alertness of the guards, together with
the making of reports and recommendations with respect to the dis-
cipline, hiring and discharge of guards, which recommendations carry
considerable weight with the Company. During the night shifts,
corporals are in complete charge with respect to the protection of the
plant. We are of the opinion and find that the corporals in question
are supervisory employees within our usual definition of the term."
5 While the U. M W and the Company have an agreement covering the woikeis at its
Barberton , Ohio, plant , which apparently excludes the analysts from the appropriate unit,
this unit was arrived at because of the Company 's arbitrary classification and treatment
of the analysts as salaried workers, which classification was apparently accepted by the
U. M W. for the purpose of determining the unit which their contract would cover There
has, however , been no determination by the Board with respect to the unit at the Barberton
plant. There is also no prior determination by the Board or history of collective bargaining
with respect to the Natrium plant involved herein
6 See Matter oaf Mathieson Alkali Works , 38 N. L. R B. 1084 , 1089; Matter of Com-
mercial Solvents Corporation , 45 N. L. R B 141; Matter of The Barrett Division Allied
Chemical &,Dye Corporation , 46 N. L. R. B. 95; Matter of Lord Manufacturing Company,
49 N. L. R. B 278.
'r The Company formerly included "sergeants" in its plant protection , force but has dis-
pensed with the services of sergeants since the filing of the present petition relating to
guards.
fi See Matter of Jones it Laughlin Steel Corporation, 52 N. L. R. B. 975.
i
1186 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
They will, accordingly, be excluded from the appropriate unit of mili-
tarized guards.
We find that (1) all production and maintenance employees em-
ployed at the Company's Natrium plant, including janitors, cleaners,
laboratory employees (analysts), but excluding foremen, office cleri-
cal employees, chemists, and plant-protection guards and all other
supervisory employees with authority to hire, promote, discharge, dis-
cipline, or otherwise effect changes in the status of employees or effec-
tively recommend such action, and (2) all guards employed at the
Company's Natrium plant, excluding corporals and all supervisory
employees with authority to hire, promote, discharge, discipline, or
otherwise effect changes in the status of employees or effectively rec-
ommend such action, constitute separate units 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 elections by secret ballot among the em-
ployees in the appropriate units who were employed during the pay-
roll period immediately preceding the date of the Direction of Elec-
tions herein, subject to the limitations and additions set forth in the
Direction.
The Chemical Workers requests that its name appear on the ballot
as Chemical Workers Union No. 23514, American Federation of Labor.
The Chemical Plant Guards and the C. I. O. request that they appear
on the ballot as Chemical Plant Guards Union, No. 23536, American
Federation of Labor, and as Gas By-Product, Coke and Chemical
Workers, C. I. 0., respectively. We hereby grant these requests.
DIRECTION OF ELECTIONS
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, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Pittsburgh Plate
Glass Company, Pittsburgh, Pennsylvania, separate elections by se-
cret 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 Sixth 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 units found appropriate in Section IV,
9
PITTSBURGH PLATE GLASS COMPANY 1187
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 vaca-
tion 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 quit or been dis-
charged for cause and have not been rehired or reinstated prior to the
date of the election, to determine: (1) whether the employees in the
production and maintenance unit desire to be represented by District
50, United Mine Workers of America, or by Chemical Workers Union
No. 23514, American Federation of Labor, or by Gas, By-Product,
Coke and Chemical Workers, C. I. 0., or by none of these organiza-
tions; and (2) to determine whether or not the employees in the plant
guard unit desire to be represented by Chemical Plant Guards Union
No. 23536, American Federation of Labor, for the purposes of col-
lective bargaining.