Pressed Steel Car Co., Inc.

National Labor Relations Board - Board DecisionsAug 27, 1945

63 N.L.R.B. 563 (N.L.R.B. 1945)

In the Matter of PRESSED STEEL CAR COMPANY, INC. and PRESSED STEEL CAR COMPANY, INC., OFFICE EMPLOYEES UNION, AFFILIATED WITH THE NATIONAL FEDERATION OF SALARIED UNIONS Case No. 6-R-1138.-Decided August 27, 1945 Mr. Charles M. Thorp, Jr., of Pittsburgh, Pa., and Mr. J. C. Brown, of Chicago, Ill., for the Company. Mr. R. W. Allison, of Pittsburgh, Pa., Mr. H. C. Jones, of East Pitts- burgh, Pa., and Mr. Gene A. Van Dalsen, of Laurel Gardens, Pa., for the Independent. Mr. Walter Bachowski, of McKees Rocks, Pa., for the CIO. Mr. Bernard Goldberg, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon a petition duly filed by Pressed Steel Car Company, Inc., Office Employees Union, affiliated With the National Federation of Salaried Unions, herein called the Independent, alleging that a ques- tion affecting commerce had arisen concerning the representation of employees of Pressed Steel Car Company, Inc., McKees Rocks, Penn- sylvania, herein called the Company, the National Labor Relations Board provided for an appropriate hearing upon due notice before Allen Sinsheimer, Jr., Trial Examiner. Said hearing was held at Pittsburgh, Pennsylvania, on June 7 and 15, 1945. The Company, the Independent, and United Steelworkers of America, C. I. O., herein called the CIO,1 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. All parties were afforded an opportunity to file briefs with the Board. 1 The CIO intervened only for the purpose of protecting its interests under a collective bargaining contract with the Company covering the production and maintenance employees. It expressly disclaimed any desire to appear on the ballot in the election ordered, inefia 63 N. L . R. B, No. 87. 662514-46-vol 63 37 563 564 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Pressed Steel Car Company, Inc., a Pennsylvania corporation, is engaged in the manufacture of rail, passenger and freight cars, mine cars and equipment at two plants, one in Hegewisch, Illinois, and the second in McKees Rocks, Pennsylvania. This proceeding is concerned only with the McKees Rocks plant. During the past year the Com- pany purchased for use at the McKees Rocks plant, raw materials valued at more than $5,000,000, of which iii excess of 50 percent was received from outside the Commonwealth of Pennsylvania. During the same period, the Company manufactured at this plant finished products valued at more than $5,000,000, of which in excess of 50 per- cent was shipped outside the Commonwealth. The Company admits, for the purpose of this proceeding, that it is engaged in commerce within the meaning of the National Labor Rela- tions Act. II. THE ORGANIZATIONS INVOLVED Pressed Steel, Car Company, Inc., Office Employees Union, affiliated with the National Federation of Salaried Unions, and United Steel- workers of America, affiliated with the Congress of Industrial Organ- izations, are labor organizations admitting to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The Company has refused to recognize the Independent as the exclusive bargaining representative of any of its employees unless and until the Independent has been certified by the Board in an appro- priate unit. A statement of a Board agent, introduced into evidence at the hear- ing, indicates that the Independent 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. IV. THE APPROPRIATE UNIT We find, in accord with the agreement of the parties, that all office, clerical, technical and professional employees of the Company at its 2 The Field Examiner reported that the Independent submitted 295 authorization cards, of which 269 were dated between March and May 1945, and 26 were undated, and that there were 350 employees in the appropriate unit. PRESSED STEEL CAR COMPANY, INC. 565 McKees Rocks, Pennsylvania, plant, including all employees listed on Appendix A attached hereto, but excluding all personnel and em- ployment department employees, all grievance board office employees, all employees listed on Appendix B attached hereto, and all other supervisory employees with authority to hire, promote, discharge, dis- cipline, or otherwise effect changes m the status of employees, or effec- tively recommend such action, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act. V. TIIE DETERMINATION OP 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, as amended it is hereby DIRECTED that, as part of the investigation to ascertain repre- sentatives for the purposes of collective bargaining with Pressed Steel Car Company, Inc., McKees Rocks, Pennsylvania, 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 direc- tion 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 Regu- lations, among the employees in the unit found appropriate in Section IV, above, who were employed during the pay-roll period immedi- ately preceding the date of this Direction, including employees who did not work during the said pay-roll period because they were ill or on vacation 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 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 Pressed Steel Car Company, Inc., Office Employees Union, affiliated with the National Federation of Salaried Unions, for the purposes of collective bargaining. 566 DECISIONS OF NATIONAL LABOR RELATIONS BOARD APPENDIX A Junior General Clerks Junior Special Clerks Clerks Check Clerks Junior Clerks Typists Learner Stenographers Junior Stenographers Junior Stenographer Clerks Tabulating Operators Junior Key Punch Operators Senior Key Punch Operators Senior Time Checkers Junior Time Checkers Check Clerks Senior Stenographers Senior Stenographer Clerks Engineering Clerks, Senior Engineering Clerks, Junior Draftsmen, Senior Draftsmen, Junior Draftsmen, Learners Tracers Senior Estimators Junior Estimators Learner Estimators Junior Checkers Senior Blueprinters Junior Blueprinters Photostat Operators Chemists Senior Telephone and Telegraph Operators Junior Telephone and Telegraph Operators Multigraph Operators Multigraph Learners Receptionists Messengers Office Boys Senior Shop Clerks Junior Shop Clerks Learner Shop Clerks Scheduler's Assistant Schedulers Senior Checkers Assistant Buyers Expeditors Junior Supervisors 3 Buyers 4 Junior Technical Clerk' Senior Special Clerks 8 APPENDIX B Senior Supervisors Senior Estimators Senior Technical Clerks Supervisor of Voucher Depart- Senior General Clerks meat Drafting Supervisors Supervisor of Cost Department Estimating Supervisors Supervisor of Domestic Billing Inspecting Supervisors Department Employment Agents Buyers," Tabulating Supervisors Secretary to Asst. Manager of Junior Supervisors ,7 Export 9 A T I{inkle only All other junior super visor s are excluded 4 It E llushiush, E -U R'reushall, and I) F Lane only All offer huvei4 ale excluded 6 All such clciks are included except W It Scott. Supervi of of Domestic Billing Depart- ment, who is excluded All ouch clerks are included except H P nekei nun Superv Ivor of Voucher Department, and D[ B Brede. Supervisor of Cost Depat tment, x\ ho are excluded Except A T Hinkle H R Catle3 and I L DlcConnell PRESSED STEEL CAR COMPANY, INC. Secretary to Works Manager Secretary to Supt. Lift Truck Secretary to Chief Accountant Secretary to Supt. Industrial Di- vision Secretary to Supt. Wood Car De- partment Secretary to Purchasing Agent Secretary to Supt. Shell Shop Secretary to Supt. Freight Car Department Secretary to Plant Engineer Secretary to Gen. Purchasing Agent Secretary to Chief Inspector Secretary to Chief Engineer 567 Secretary to Mech. Supt. Secretary to Vice President-Ex- port Div. Secretary to Traffic Manager Storekeepers Shippers Assistant Shippers Senior Material Checkers Junior Material Checkers Storeroom Attendants Steel Chasers Matrons Elevator Operators Janitors Inspectors