The American Rolling Mill Co.

National Labor Relations Board - Board Decisions

Mar 2, 1944

55 N.L.R.B. 231 (N.L.R.B. 1944)

In the Matter of THE AMERICAN ROLLING MILL COMPANY and PAT-
TERN MAKERS' LEAGUE OF N. A., AFFILIATED WITH AMERICAN FEDERA-
TION OF LABOR
In the Matter of THE AMERICAN ROLLING MILL COMPANY and ARMCO
EMPLOYEES INDEPENDENT FEDERATION, INC.
Cases Nos. 9-R-1093 and 9-R-1170, respectively.-Decided March
2, 1944
Mr. Thomas E. Shroyer, for the Board.
Frost & Jacobs, by Messrs. Cornelius J. Petzhold and Clifford W.
Elliott, of Cincinnati, Ohio, for the Company.
Mr. C. D. Madigan, of Cleveland, Ohio, for the P. M. L
Mr. Henderson Estes, of Middletown, Ohio, for the Independent.
Mr. Philip M. Curran, of Pittsburgh, Pa., and Mr. R. W. Light.
of Middletown, Ohio, for the U. S. A.
Mr. Robert E. Tillman, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE
Upon petitions duly filed by Pattern Makers' League of N. A.,
affiliated with American Federation of Labor, herein called the
P. M. L., and by A'°mco Employees Independent Federation, Inc.,
herein called the Independent, each alleging that a question affecting
commerce had arisen concerning the representation of employees of
The American Rolling Mill Company,' Middletown, Ohio, herein
called the Company, the National Labor Relations Board consoli-
dated the cases and provided for an appropriate hearing upon due
notice before Earl S. Bellman, Trial Examil^er. Said hearing was
held at Middletown, Ohio, on December 1, 1943. The Company, the
P. M. L., the Independent, and United Steelworkers of America,
CIO, herein called the U. S. A., appeared, participated, and were
afforded full opportunity to be heard, to examine and cross-examine
witnesses, and to introduce evidence bearing on the issues. The
rulings of the Trial Examiner 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.
' In the formal papers of these proceedings , the name of the Company appears variously
as "The American Rolling Mills " and "The American Rolling Mill Co. " Its name appears
in the caption and in the body of this decision as it was amended at the hearing.
55 N. L. R. B., No. 40.
231
232 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
The American' Rolling Mill Company, an Ohio corporation, is
engaged in the business of producing iron and steel and manufactur-
ing iron and steel products. It operates several plants, including a
steel mill and it fabricating plant in Middletown, Ohio, which are
alone involved in this proceeding. The Middletown plants annually
use raw materials valued in excess of $5,000,000, of which approxi-
mately 75 percent is shipped to the plants from points outside the
State of Ohio. The plants annually manufacture products having
a value in excess of $10,000,000, of which approximately 75 percent
is shipped to points outside the State of Ohio.
H. THE ORGANIZATIONS INVOLVED
Armco Employees Independent Federation, Inc., is an unaffiliated
labor organization admitting to membership employees of the
Company.
Pattern Makers' League of N. A. is a labor organization affiliated
with the American Federation of Labor, admitting to membership
employees of the Company.
United Steelworkers of America is a labor organization affiliated
with the Congress of Industrial Organizations, admitting to mem-
bership employees of the Company.
III. THE QUESTIONS CONCERNING REPRESENTATION
The Independent and the P. M. L. informed the Company of their
respective claims to represent certain of the Company's employees.
The Company advised each of them, in effect, that it would not recog-
nize any labor organization as the exclusive collective bargaining
representative of its employees unless and until such organization
had been certified by the Board.
A statement of a. Field Examiner of the Board, introduced into evi-
dence at the hearing, and a statement of the Trial Examiner made at
the hearing, have been summarized in a table in the footnote below2
2 See table below:.
Type of Unit
Pattern makers ----------------------------------
Production and maintenance --- - - - - _ _ -- - _ _ - _ -
No.
Employees
in Unit
9
3, 713
P.M.L.
6
------------
Cards in Unit
Ind.
1, 383
U. S. A.
1, 989'
*This figure is: based upon a spot -check comparison of 1 out of every 10 cards submitted by the
U. S. A.
THE AMERICAN ROLLING MILL COMPANY 233
These statements indicate that each of the labor organizations repre-
sents a substantial number of employees in the unit it alleges to be
appropriate.
We find that questions affecting commerce have arisen concerning
the representation of employees of the Company, within the mean-
ing;of Section 9 . (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNITS
A. The contentions of the parties
As brought out at the hearing, the Independent seeks a unit of
all production and maintenance employees in the Fabricating Di-
vision and the Middletown Division (steel mill) of the Company,
including weighmen, recorders, scrap yard men, and river pump men,
but excluding all wood and metal pattern makers and pattern maker
apprentices, plant-protection employees, the weighmaster, timekeep-
ers, premium checkers, employees in the first aid and medical depart
ments, salaried employees in the metallurgical department, all em-
ployees in the home office and in the main office of each Division, all
salaried employees not directly connected with production and main-
tenance, foremen, assistant foremen, chief mill clerks, and all other
supervisory employees with authority to hire and discharge.
The U. S. A. likewise seeks a unit of production and maintenance
employees, but is in disagreement with the Independent as to the
inclusion of certain categories of employees, which are discussed in
detail in subsection E, infra.
The Company declined to take any position on the appropriate
unit, but indicated that it had no objection to the inclusion of em-
ployees of the steel mill and of the fabricating plant in a single unit.
The P. M. L. requests a separate unit of all wood and metal pat-
tern makers and their apprentices employed in the Fabricating
Division of the Company, excluding the shop foreman.
B. The Company's plants
The Company has four steel mills located. respectively in Butler,
Pennsylvania, Zanesville, Ohio, Ashland, Kentucky, and Middletown,
Ohio. In addition to the four steel mills, the Company operates a
fabricating plant in Middletown. As indicated heretofore, this plant
and the Middletown steel mill are alone involved in this proceeding.
All the mills produce iron and steel plates, some of which are sent to
the fabricating plant which manufactures iron and steel products.
The Middletown mill supplies the bulk of the plates to the fabricat-
ing plant.
234 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The Middletown mill is approximately 11/2 miles from the fabricat-
ing plant. Although under separate management, employees of the
two plants have relatively the same skills, are paid similar wages,
and are carried on the same pay roll. Temporary interchange of em-
ployees is. frequent.
C. The history of collective bargaining
There has been no collective bargaining in the Middletown plants
other than on the basis of an employee representation plan which
the Company has had in effect since 1933. On June 8, 1943, the In-
dependent filed a petition in Case No., 9-R-1103, seeking a unit in
the Fabricating Division only. The Acting Regional Director re-
fused to order a hearing on the ground that the unit proposed was in-
appropriate because it did not include employees of the Middletown
steel mill.
At the Ashland plant, subsequent to March 1, 1943, the U. S. A.
won a consent election in which the following unit was specified:
all production and maintenance employees, excluding foremen, as-
sistant foremen, watchmen, office and salaried employees, employees
in the first aid and medical departments, and salaried employees in
the metallurgical department.
At the Butler plant subsequent to July 15, 1943, the U. S. A. lost
a consent election in which the following unit was specified : all
production and maintenance employees, including the scrap yard, but
excluding foremen , assistant foremen, watchmen, office and salaried
employees,3 employees of the first aid and medical departments,
salaried employees in the metallurgical department, and plant-protec-
tion employees.
At the Zanesville plant the Board on July 17, 1943, found • the
following unit to be appropriate, there being no dispute between
the parties to the proceeding : 4 all production and maintenance em-
ployees, excluding watchmen, plant guards, office and salaried
employees, employees in the first aid and medical departments,
salaried employees in the metallurgical. departments, foremen, assist-
ant foremen, and other supervisory employees.
D. The pattern makers
The pattern makers are employed in a shop connected with the
Company's foundry, which in turn is part of the Fabricating Divi-
sion. There are seven pattern makers, two apprentices, and a fore-
man. In addition, one carpenter, four pattern carriers and two
' The Company and the U. S. A. later agreed to exclude mill clerks under this designa-
tion, but to include recorders.
' Matter of American Rolling Mill Company , 51 N. L. R. B. 391.
'THE,,A•MERICAN ROLLING MILL COMPANY 235
helpers work,.in i the shop. The P.. M: L., does not intend, to. bargain
for the latter seven employees. The record, contains ample testimony
indicating the,high degree of skill possessed by the pattern. makers,
and the adherende of the P. M. L. to strict craft lines in its collective
bargaining relations with other companies. It is, thus clear -that the
Company's pattern makers and their apprentices are members of an
identifiable skilled craft. -
•• As previously- indicated, the •P.-M. L. seeks a separate unit of all
wood and metal. pattern makers and their apprentices. The In-
dependent does not desirerto represent these; employees, and the
U. S. A., while - contending' that' they should ' be' included in the
production and maintenance unit, does not desire' to; appear on any
ballot where the pattern makers would be given the opportunity
to determine whether'they desire•to.be represented in a separate-unit.
We shall, therefore, treat the P. M. L.- as the only labor organization
having a substantial'interest in the pattern makers., ^ Such being the
case;, and in view of their identity as a craft, group, we find that all
wood and metal pattern makers and their apprentices employed by
the Company in its fabricating plant at Middletown, Ohio, excluding
carpenters, pattern carriers; helpers, the shop foreman, and all other
supervisory ^ employees with authority to hire, promote, discharge,
discipline, or:otherwise 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.
,E. The remaining production and maintena?we employees.
As has been indicated, the Independent and the U. S., A.' are not
in agreement on the inclusion of several categories of employees in
the production and maintenance unit. The categories in dispute are
set forth below.,, In each instance, the Independent desires the in-
clusion ;of the employees concerned, whereas the U. S. A. contends
that they should be excluded..
Mill clerks and jwtior; mill clerks;'. of whom there are about 100,
comprise 2 classifications of employees who maintain production rec
ords in the fabricating plant, and in the steel mill. Some work en-
tirely in the 25 plant offices; others are stationed entirely in,production
departments ; , and still others work both in the plant,offices and the
plant itself. When in the plant, they come under the supervision of
production foremen; in the plant offices, they come under-the supervi-
sion of a senior mill clerk, a chief mill clerk, or a department super-
intendent. All are hourly paid,, and are listed on ' the_ production
pay roll. . l .
In its brief, the U. S A stated that it'was' willing to include these employees in the
unit.
236 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
The above facts indicate that the mill clerks and junior mill clerks
are plant clerical employees who are in constant contact with the pro-
duction employees, and are subject to much the same working condi-
tions. We find, therefore, that they have interests in common with the
production and maintenance employees, and we shall include them in
the unit.
Schedule clerks are salaried employees who, in each plant, aid in
maintaining plant schedules by first posting schedules throughout the
plant and then checking through the plant and reporting' deviations
from the posted schedules. All but one are responsible to the produc-
tion supervisor. We shall include them in the unit for the same reason
we included mill clerks and junior mill clerks.
Order dispatchers are salaried employees who act as expediters in
each plant. They see that material flows through the plants as sched-
uled and is shipped out on time. Approximately 80 to. 90 percent of
their time is spent in production departments. They are also respon-
sible to the production supervisor. These facts indicate that the work
of the order dispatchers is closely associated with that of the schedule
clerks whom we have included in the unit. We find that order dis-
patchers should be included in the unit for the same reasons.
Salaried fuel men: The Company employs two salaried fuel men,
both of whom are responsible to the production superintendent. One
works in the open hearth furnace department where he is responsible
for fuel oil inventories and, the proper functioning of the oil burning
equipment. The other is in the processing department where he has
similar duties. We find that the salaried fuel men are maintenance
employees, and we shall include them in the unit.
Salaried inspectors: The Company has two salaried inspectors, both
of whom report to the chief inspector, and neither of whom has super-
visory powers or is over other inspectors. They perform quality tests.
There is no substantial difference between their work and that of
hourly inspectors whom the Independent and the U. S. A. have agreed
to include. We shall, therefore, include salaried inspectors in the unit.
Main office janitors clean up the main offices of the Company, as dis-
tinguished from offices located in the plant. We see no reason to draw
a distinction between main office janitors and other janitors whom the
Independent and the U. S. A. have agreed to include. We shall, there-
fore, include main office janitors in the unit.
Motor tester: The Company has one such employee who is a salaried
electrician. He tests motors in the power division of the plant, under
the supervision of the assistant superintendent of maintenance in
charge of power. He has no supervisory powers. Aside from the fact
that he is paid a salary, we find no basis for drawing a distinction
between him and other production and maintenance employees. We
shall, therefore, include him in the unit.
THE AMERICAN ROLLING MILL COMPANY 237
Meter repairman: The Company likewise has only one such em-
ployee. He is salaried and inspects meters. On his recommendation
meters are sent to the shop for repairs. He has no supervisory powers.
We shall include him in the unit for the reason we included the motor
tester.
We find that all production and maintenance employees in the
Fabricating Division and the Middletown Division (steel mill) of
the Company in 'Middletown, Ohio, including weighmen, recorders,
scrap yard men, river pump men, mill clerks, junior mill clerks, sched-
ule clerks, order dispatchers, salaried fuel men, salaried inspectors,
main office janitors, salaried motor testers, and salaried meter repair-
men, but excluding all wood and metal pattern makers, pattern maker
apprentices, plant-protection employees, the weighmaster, timekeep-
ers, premium checkers, employees in the first aid and medical depart-
ments, salaried employees in the metallurgical department, all em-
ployees in the home office, all employees in the main office of each
Division except janitors, all salaried employees not directly connected
with production and maintenance, foremen, assistant foremen, chief
mill clerks, and all other supervisory employees with authority to hire,
promote, discharge, discipline, or otherwise 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 questions concerning representation which
have 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 our Direction of Elec-
tions herein, subject to the limitations and additions set forth
therein.
Dispute exists as to whether some' 25 to 40 business and professional
men, school teachers and school boys, who work in the plant in their
spare time, should be eligible to vote. They average approximately
24 hours per week. Most of them are engaged in production and
maintenance work, but some are clerical employees. We are of the
opinion that the part-time employees have a substantial interest in
the selection of a collective bargaining representative for the Com-
pany's employees. We find, therefore, that part-time employees who
are employed in categories included in the unit, are eligible to vote.
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
238 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
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 The American
Rolling Mill Company, Middletown, Ohio, elections 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 super-
vision of the Regional Director for the Ninth 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 following groups of employees 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 vacation or temporarily laid off, and in-
cluding employees in the armed forces of the United States who pre-
sent 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 elections :
1. All wood and metal pattern makers and their apprentices em-
ployed by the Company in its fabricating plant at Middletown, Ohio,
excluding carpenters, pattern carriers, helpers, the whop foreman, and
all other supervisory employees with authority to hire, promote, dis-
charge, discipline, or otherwise effect changes in the status of em-
ployees, or effectively recommend such action, to determine whether
or not they desire to be represented by Pattern Makers' League of
N. A., A. F. L., for the purposes of collective bargaining.
2. All production and maintenance employees in the Fabricating
Division and the Middletown Division (steel mill) of the Company
in Middletown, Ohio, including weighmen, recorders, scrap yard men,
river pump men, mill clerks, junior mill clerks, schedule clerks, order
dispatchers, salaried fuel men, salaried inspectors, main office janitors,
salaried motor testers, and salaried meter repairmen, but excluding all
wood and metal pattern makers, pattern maker apprentices, plant-
protection employees, the weighmaster, timekeepers, premium check-
ers, employees in the first aid and medical departments, salaried em-
ployees in the metallurgical department, all employees in the home
office, all employees in the main office of each Division except janitors,
all salaried employees not directly connected with production and
maintenance, foremen, assistant foremen, chief mill clerks, and all
other supervisory employees with authority to hire, promote, dis-
charge, discipline, or otherwise effect changes in the status of em-
ployees, or effectively recommend such action, to determine whether
they desire to be represented by Armco Employees Independent Fed-
eration, Inc., or by United Steelworkers of America, CIO, for the pur-
poses of collective bargaining, or by neither.