Wheeling Steel Corp.

National Labor Relations Board - Board DecisionsOct 24, 1946

71 N.L.R.B. 415 (N.L.R.B. 1946)

In the Matter Of WHEELING STEEL CORPORATION and UNITED FOREMEN OF AMERicA, LOCAL 1444 (C. I. 0.) Case No. 8-R-1987 SUPPLEMENTAL DECISION AND DIRECTION October 24, 1946 On July 25, 1946, pursuant to the Decision and Direction of Elec- tions issued herein by the Board on July 1, 1946,1 elections by secret ballot were conducted under the direction and supervision of the Regional Director for the Eighth Region among the employees in the units found appropriate in the Decision. Upon completion of the elections, Tallies of Ballots were issued and duly served by the Regional Director upon the parties concerned. No objections were filed by any of the parties within the time provided therefor. Inas- much as it appeared from the Tally in the plant protection super- visors' unit that a collective bargaining representative had â€¢ been selected, the Board on August 9, 1946, issued a Certification of Repre- sentatives therein. As to the production and maintenance supervisors' unit, however, the Tally showed that, of the approximately 112 eligible voters, 87 cast votes, of which 35 were for, and 27 were against, United Fore- men of America, Local 1444 (C. I. 0.), and 25 were challenged, and that the counting of the challenged ballots was sufficient to affect the results of the election in this unit. Accordingly, the Regional Di- rector, pursuant to the Board's Rules and Regulations, investigated the challenges. He thereupon issued and duly served upon the parties a Report on Challenged Ballots, dated September 11, 1946, recom- mending therein that the Board overrule all the challenges. There- after, on September 24, 1946, the Employer filed Exceptions to this report and recommendation. The Employer challenged the ballots of 22 employees, listed in Appendix "A," on the ground that pursuant to a company-wide re- 169 N L R B . 208 The Board found appropriate therein separate units of plant pro- tection supervisors and p1oduction and maintenance supervisors 71 N. L R. B., No 62 717734-47-v of 71-28 415 416 DECISIONS OF NATIONAL LABOR RELATIONS BOARD classification plan, these employees would be divested of their super- visory authority shortly after the election, and therefore should not be permitted to vote in the unit of production and maintenance super- visors. We find no merit in this contention. Inasmuch as it is clear that the employees in issue were production and maintenance super- visors both on the eligibility date fixed in the Decision and Direction of Elections and at the time of the election herein, we are of the opinion that, under established Board policy, these employees were eligible to vote.2 We shall, therefore, overrule the Employer's chal- lenges and direct that the ballots of the employees listed in Appendix "A" be opened and counted.3 The ballots of James Hughes, George Lough, and Michael Pavilky were challenged by the Employer on the further ground that these employees were "picklers," and that such classification was not specifi- cally included by the Board in its unit finding. The Regional Di- rector reports that, on the eligibility date and at the time of the election, these "picklers" were engaged in overseeing the operation of 2 pickling lines; that they were each responsible for the work of approximately 10 subordinates; and that they had authority effec- tively to recommend the discipline and transfer of their subordinates. He reports further, in effect, that the duties, responsibilities, and authority of "picklers" are closely analogous to those of "leaders" who were included by the Board in the unit found appropriate. In view of the foregoing, and on the entire record in the case, we are of the opinion that the term "leaders" in our unit finding also em- braced the job classification "picklers," and, therefore, that the em- ployees in question were eligible to participate in the election. Ac- cordingly, we shall overrule the Employer's challenges and direct that the ballots of James Hughes, George Lough, and Michael Pavilky be opened and counted. DIRECTION 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 Section 203.55 of National Labor Relations Board Rules and Regulations-Series 4, it is hereby DIRECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with Wheeling Steel Corporation, Yorkville, Ohio, the Regional Director for the Eighth Region shall, pursuant to the Rules and Regulations of the Board set forth above, within ten (10) days from the date of this Direction, open 2 In view of our decision herein , we find it unnecessary to pass upon the question whether the employees in issue Â«cre, in fact, divested of their supervisory authority after the election ' Cf Matter of Manganese Ore Company , 54 N. L. R. B. 1192. WHEELING STEEL CORPORATION 417 and count the ballots of James Hughes, George Lough, Michael Pavilky, and the employees listed in Appendix "A," and thereafter prepare and cause to be served upon the parties a Supplemental Tally of Ballots, including therein the count of said challenged ballots. MR. JAMES J. REYNOLDS, JR., took no part in the consideration of the above Supplemental Decision and Direction. APPENDIX A Fred Annett Robert J. Bess Howard H. Dailey Arthur Edge Edward Evanezyk Sam Fabri Clinton Gibson William Hill Joseph Ilosthorne Harold Hughes Frank Litten Hugh Loftus Randall L. Lowery Thomas Meadows Ira Moore Cecil C. Powell Noah Reynolds Harlan Shriver John Sneddon Howard E. Ulrich Bruno Vinci Oscar Wilson