United States Gypsum Co.

National Labor Relations Board - Board Decisions

Feb 19, 1947

72 N.L.R.B. 863 (N.L.R.B. 1947)

In the Matter of UNITED STATES GYPSUM COMPANY, EMPLOYER and
UNITED CEMENT LIME AND GYPSUM WORKERS, PETITIONER
Case No. 8-R-2362.-Decided February 19, 1947
Mr. H. D. Burgess, of Chicago, Ill., and Mr. Beryl Welty, of Port
Clinton, Ohio, for the Employer.
Daniel D. Car mall, Esq., by Mr. Lester Asher, of Chicago, Ill., Mr.
Arthur J. Strunk, of Toledo, Ohio, and Mr. S. G. Van Hoose, of Port
Clinton, Ohio, for the Petitioner.
Mr. Jerry TWPohlmuth, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
Upon a petition duly filed, hearing in this case was held at Port
Clinton, Ohio, on November 15, 1946, before Thomas E. Shroyer,
hearing officer. The hearing officer's rulings made at the hearing
are free from prejudicial error and are hereby affirmed.
Upon the entire record in the case, the National Labor Relations
Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE EMPLOYER
United States Gypsum Company, an Illinois corporation, operates
numerous plants located throughout the United States. The only
employees involved in these proceedings are employees of the Com-
pany's plant located at Gypsum, Ohio, where the Employer is engaged
in the manufacture of gypsum, wall boards, paints, paper, and ac-
coustical products. The annual volume of business at this plant
exceeds $1,000,000, of which more than 10 percent is shipped to points
outside the State of Ohio.
The Employer admits and we find that it is engaged in commerce
within the meaning of the National Labor Relations Act.
II. TIIE ORGANIZATION INVOLVED
The Petitioner is a labor organization affiliated with the American
Federation of Labor, claiming to represent employees of the
Employer.
I On September 9. 1944 , the United Stone and Allied Products Workers of America,
afill jated with the Congress of Industrial Organizations , therein called the C I. 0., was
72 N. L. R. B, No. 143.
731242-47-vol. 72-56 863
864 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
III. THE QUESTION CONCERNING REPRESENTATION
The Employer refuses to recognize the Petitioner as the exclusive
bargaining representative of employees of the Employer until the
° Petitioner has been certified by the Board in an appropriate unit.
We find that a question affecting commerce has arisen concerning
the representation of employees of the Employer, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IN". THE APPROPRIATE UNIT
The Petitioner and the Employer were in general agreement that all
.production and maintenance employees, including key men, but exclud-
ing clerical employees, guards, gatemen, and supervisory employees,
constitute an appropriate unit.2 The Employer contends, however,
that inasmuch as the previous unit found appropriate by the Board
excluded watchmen and technicians, the testers involved herein and
the watchmen should be similarly excluded. The Petitioner would
include them.3 There is no bargaining history covering the employees
of the Company.'
Watchman: This employee is not uniformed, armed, nor deputized.
His principal duty is checking the security of the plant and acting as
a fire watcher. He does not possess any supervisory authority nor is
his relationship to other employees in any sense monitorial. The Em-
ployer's contention that the watchman is a part of management and, as
such, improperly included in the bargaining - unit, because of his
responsibility for the safety of the plant, is without merit.5 We shall
include the watchman.
Testers: The testers, of whom there are 16, perform physical and
clerical tests on incoming raw materials, materials in process of pro-
duction, and finished products. They procure samples from the
production line and practically all of them spend the greater portion
of their time performing tests in small departmental laboratories.
certified as bargaining representative of the Employer ' s production and maintenance em-
ployees. The C I. 0 was served with notice of hearing, but failed to appear
2 This is substantially the same unit as the one found appropriate by the Board in its
prior representation proceeding (57 N L R. B. 1240).
3 At the time the Board made its prior unit determination , it gave no specific consideration
to the status of watchmen and technicians and excluded these employees pursuant to an
agreement of the parties.
4 Although the C. I. O. was certified pursuant to an election conducted in the prior pro-
ceeding ( see ftn. 2, supra ), negotiations thereafter , which in part involved the War Labor
Board , failed to result in the consummation of a collective bargaining agreement
5 Matter of Inman Mills , 63 N. L. R. B 198 , Matter of Quality Springs Products , Inc, 65
N. L. R B. 357; Matter of Montgomery Ward 4 Co , Incorporated, 68 N. L . R. B 32.
UNITED STATES GYPSUM COMPANY 865
They are primarily under the supervision of the quality control
manager. The Employer normally requires that these employees
have at least a high school education. The testimony indicates that
a ,period of from 6 months to 1 year is required for training before
the employees are reasonably proficient in performing their duties.
Although we do not agree with the Employer that the testers are part
of management, in view of the technical nature of their work, the
lack of interchange between them and employees engaged in produc-
tion, and the fact that they are primarily under separate supervision,
we shall exclude them from the unit."
We find that all production and maintenance employees, including
key men and watchmen, but excluding clerical employees, technicians
(testers), guards, gatemen, and all or any 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.
DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with United States Gypsum Com-
pany, Gypsum, Ohio, 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 Eighth Region, acting in this matter as agent for
the National Labor Relations Board, and subject to Sections 203.55
and 203.56, of National Labor Relations Board Rules and Regula-
tions-Series 4, 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
who did not work during 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
-it 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 United Cement Lime and Gypsum Workers, for
the purposes of collective bargaining.'
6 Matter of United States Gypsum Company, 65 N. L. R. B. 575; Matter of United States
Gypsum Company,. 66 N. L . R. B. 61$
' Inasmuch as the C. I. 0 failed to participate in the hearing or to submit a showing of
interest, we will not accord it a place on the ballot.