Youngstown Sheet and Tube Co.

National Labor Relations Board - Board DecisionsOct 4, 1946

71 N.L.R.B. 219 (N.L.R.B. 1946)

In the Matter Of YOUNGSTOWN SHEET AND TUBE COMPANY, EMPLOYER and FOREMAN'S ASSOCIATION OF AMERICA (CHAPTER 39), PETI- TIONER Cases Nos. 13-RD125 and 1,3-R-3106.-Decided October ', 1946 Pope and Ballard, by Messrs. Charles R. Kaufman and John H. Thomson; and Messrs. R. S. Poister, H. S. Spoerer, J. R. Bohne, and Carl Christopherson, of Chicago, Ill., for the Employer. Mr. W. Allen Nelson, of Detroit, Mich., and Messrs. Joseph G. Smith and Fred L. Williams, of Gary, Ind., and Mr. J. E. Ellinwood, of Chicago, Ill., for the Petitioner. Mr. John J. Brownlee, of Pittsburgh, Pa., Mr. Cecil Clifton, of East Chicago, Ind., and Mr. Lester Thornton, of Indiana Harbor, Ind., for the Steelworkers. Mr. William J. Harrigan, of Hammond, Ind., for the Bricklayers. Mrs. Augusta Spaulding, of counsel to the Board. DECISION AND DIRECTION OF ELECTIONS Upon separate petitions duly filed, hearing in these consolidated cases was held at Chicago, Illinois, and East Chicago , Indiana, between March 25 and May 20, 1946, before Leon A. Rosell, hearing officer. During the course of the hearing, and in its brief, the Employer moved that the petitions be dismissed. For reasons which appear below, the motion is denied. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed. Upon the entire record in the consolidated cases , the National Labor Relations Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE EMPLOYER Youngstown Sheet and Tube Company, an Ohio corporation, is engaged in manufacturing , processing, selling, and distributing iron, steel, and other metal products . It operates plants in Ohio, Pennsyl- vania, Indiana, Illinois, and other States. It owns and operates coal, iron, and zinc mines at various points throughout the United States. Its plants at East Chicago, Indiana, and South Chicago, Illinois, together comprising the Chicago District of the Employer's extensive operations , and commonly known as the Indiana Harbor Works and 71 N. L. R B, No. 26. 219 220 DECISIONS OF NATIONAL LABOR RELATIONS BOARD the South Chicago Works, respectively, are the only plants operated by the Employer directly involved in this proceeding. During 1945, the Employer purchased for its Indiana Harbor Works materials valued in excess of $1,000,000, of which more than 50 percent was received from points outside Indiana. During the same period it sold products finished at the plant, valued in excess of $1,000,000, more than 50 percent of which was shipped to points outside Indiana. During 1945, the Employer purchased for its South Chicago Works materials valued in excess of $1,000,000, of which more than 50 percent was received from points outside Illinois. During the same period, it sold products finished at the plant valued in excess of $1,000,000, of which more than 50 percent was shipped to points outside Illinois. We find that the Employer is engaged in commerce within the mean- ing of the National Labor Relations Act. II. THE ORGANIZATIONS INVOLVED The Petitioner is an unaffiliated labor organization, claiming to represent employees of the Employer. United Steelworkers of America, herein called the Steelworkers, is a labor organization affiliated with the Congress of Industrial Organ- izations. The Steelworkers intervenes in these proceedings on behalf of its three local unions, namely, Local 1011, Local 3127, and Local 2775, which are respectively recognized by the Employer as the ex- clusive bargaining representatives of production and maintenance employees, clerical employees, and plant-protection employees in the Employer's Chicago District. Bricklayers, Masons, and Plasterers' International Union of Amer- ica, herein called the Bricklayers, is a labor organization affiliated with the American Federation of Labor, claiming to represent em- ployees of the Employer. Local No. 21 of Illinois and Local No. 6 of Indiana, chartered by the Bricklayers, are presently recognized by the Employer as `exclusive bargaining representatives of masons em- ployed in the Chicago District. III. THE QUESTIONS CONCERNING REPRESENTATION The Employer refuses to recognize the Petitioner or any other labor organization as the exclusive bargaining representative of foremen in the Chicago District, contending (1) that such foremen are not "employees" within the meaning of Section 2 (3) of the Act and (2) that such foremen, if employees, cannot consistently comprise units appropriate for bargaining with their Employer. We find no merit in these contentions.' ' Matter of American Maize-Products Company, 69 N. L R. B 66 , and cases cited therein ; N L R B. v. Packard Motor- Car Company , decided August 11, 1946, 157 F. (2d) 80 (C C A. 6). YOUNGSTOWN SHEET AND TUBE COMPANY 221 A statement of interest on the part of the Petitioner, prepared by the hearing officer after the close of the hearing and by stipulation of the interested parties made part of the official record herein, in- dicates that the Petitioner represents a substantial interest among employees in its proposed bargaining unlt.2 We find that questions affecting commerce have 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. 'IV. TI-IE APPROPRIATE UNITS; THE DETERMINATION OF REPRESENTATIVES The Petitioner contends that foremen at the Employer's Indiana Harbor Works and South Chicago Works, including general foremen, assistant general foremen, foremen, turn foremen, assistant foremen, and employees of comparable status by whatever name their job cate- gories may be known, who supervise the work of clerical employees, plant-protection employees, masons, and production and maintenance employees, in the several production and general services depart- ments, excluding employees in the employment, safety, general engi- neering, construction engineering, industrial relations, and indus- trial engineering departments, constitute a single bargaining unit.3 2 The hearing officer reports that the Petitioner submitted cards as follows Description of group Number of employees listed on pay roll Number of cards bearing name of em- ployee on pay roll "Managerial "* supervisors of production and maintenance em- ployees Indiana Harbor Works-------------------------------------- 283 199 South Chicago Woiks ------------------------------------- 40 24 "Nonnianagerial "* supervisors of production and maintenance employees Indiana Harbor Works--------------------------------------- 90 53 South Chicago Works-------------------------------------- 15 9 Mason foremen Indiana harbor Works---------------------------------------- 5 South Chicago Works---------------------------------------- 1 Property protection supervisors Indiana Harbor Works--------------------- ------------------ 10 10 ,South Chicago Works--------------------------------------- 4 3 Clerical supervisors Indiana Harbor Works --------------------------- 31 12 South Chicago Works-------------------------------------- 2 *The terms "managerial" supervisors and "nonmanagerial" supervisors are borrowed by the hearing officer from the Employer's designations of foremen of production and maintenance employ- ees As more fully set forth below, we do not agree that the groups so described are thus accurately designated The Petitioner filed separate petitions, seeking separate units for plant-protection and other supervisory personnel of foremen grade At the heaung and in its brief the Peti- tioner by amendment sought to include all such employees in it single unit Conceding, however, that the determination of the appropriate unit or units for employees described in its amended petition and clearly identified at the hearing lies with the Board. the Peti- tioner seeks, in theâ€¢ alternative, to represent these employees in any such unit groupings as may appear to the Board proper. The Employer contends that the petition, as amended, should be dismissed on the ground that the composite unit alleged therein as appropriate is not appropriate for bargaining purposes Although we reject the contention of the Petitioner that its proposed amended unit is appropriate, we will not dismiss the petition in view of the Petitioner's alternate 222 DECISIONS OF NATIONAL LABOR RELATIONS BOARD The Bricklayers contends that mason foremen , as craft foremen, should not be grouped with other foremen at the plants, but should constitute a separate craft bargaining unit.4 The Employer, subject to its position briefly noted in Section III, above, contends (1) that foremen of clerical employees, comparable supervisors of plant-pro- tection employees, mason foremen, and foremen of production and maintenance employees, respectively, constitute separate appropriate bargaining units; and (2) that, within the broad grouping of pro- duction and maintenance foremen, employees whom it characterized as "managerial" or "bona fide" foremen and others whom it char- acterizes as "non-managerial" or low level foremen should be grouped in separate units. The Indiana Harbor Works and the South Chicago Works constitute the Chicago District of the Employer's extensive operations. The Indiana Harbor Works is an integrated steel plant, manufacturing coke and its by-products, pig iron and steel ingots by open hearth and Bessemer processes. The ingots are further converted into mer- chant bar, structural shapes, tie plate, pipes, hot and cold rolled sheets, and tin plate. The plant operations comprise approximately ]0 major production departments, concerned with the manufacture and process- ing of iron and steel and products thereof, and 23 service departments rendering various kinds of assistance to the production departments, without, however, direct participation in the manufacturing processes. -These service departments, among which are the electrical, mechanical, shop maintenance, power, plant-protection, and inspection depart- ments , are to some extent autonomous and mutually independent de- partments within the plant organization. The entire plant covers approximately 550 acres in the city of East Chicago, Indiana, also known as Indiana Harbor, and its employees number approximately 7,000. The South Chicago Works, the smaller of the two plants, is located at Chicago, Illinois, approximately 7 miles from the Indiana Harbor Works . The plant consists of a coke and byproducts plant and 3 blast furnaces, which produce pig iron, approximately one-half of which is sold as merchant iron and the remainder of which is transported to the Indiana Harbor Works for further processing. The plant includes 2 production departments and 8 service departments, some of which are under the direct jurisdiction of the service departments at the Indiana Harbor Works and some of which are combination depart- position set forth above platter of Bethlehem-Ilisghain .Shipyard, Inc, 60 IN L R B. 1075 "The steelworkers , by intervening in these proceedings , does not affirmatively seek the establishmcut of any bargaining unit of employees On behalf of those lochl unions which reopecti%ely represent the non -supervisory , plant-protection , clerical , and production and ma lnten a nce employees , it challenges, as hereinafter more particularly appears, the unit placement of certain categories of employees in units for foremen, contending that eni- plovees in the disputed categories are more appropriately placed in units of non-supervisory workers YOUNGSTOWN SHEET AND TUBE COMPANY 223 ments. This entire plant covers approximately 190 acres, and its employees number approximately 650. These two plants, which comprise the Chicago District of the Em- ployer's operations, are under the over-all supervision of its Chicago District Manager. Three general superintendents of production assist him, two of whom are assigned to the Indiana Harbor Works and one to the South Chicago Works.s Under these general superintendents and their assistant general superintendents, are the various produc- tion departments of the plant, headed by their several department superintendents and assistant department superintendents. Directly under the Chicago District Manager, without the intervention of gen- eral superintendents whom the closer coordination of the production departments requires, are the superintendents of the several general service departments, with, in many instances, their assistant depart- ment superintendents. Below these production and maintenance de- pertinent superintendents and their assistant superintendents, but above the rank and file employees now included within several bar- gainmg units previously found appropriate by the Board, are the foremen of various grades and various titles, whom the Petitioner would include in a single unit. The general foremen, assistant general foremen, foremen, turn fore- men, and assistant foremen, who for the most part comprise the pro- posed unit and whom the Employer characterizes as "managerial" or "bona fide" supervisors, differ somewhat in the responsibilities, duties, and authorities assigned to them. To some extent, these dif- ferences are inherent in the nature of the work performed in the several departments, the hazards of employment, the nature and cost of the equipment entrusted to their care, the location of the depart- ments in' the plants and the distance between the location where work is to be performed and the office of the supervisor above in line. Fore- inen of all grades are responsible for the proper use, maintenance, and repair of machinery and equipment in their department sectors, much of which is costly to install and injury to which involves not only expensive repair, but the curtailment of production operations de- pendent upon it. The flow of production and the work of normal maintenance and repair of equipment requires the most careful sched- uling to avoid emergency operations. Some foremen, from a break- down of over-all department production schedules supplied to them, schedule the detailed work to be clone in their respective departments 6 The Indiana Harbor works is divided into two distinct production divisions the Steel Plant Division and the Strip and Tin Plate Division , and a general superintendent of production is in charge of each division we do not agree that the foremen so characterized by the Employer are managerial employees in that they are policy -making individuals within the Enmployer 's organizational structure We have fully considered all the contentions of the Employer respecting the status of foremen, as such status has bearing upon the various issues raised in this proceeding 7177 34-47-vol 71 1 G 224 DECISIONS OF NATIONAL LABOR RELATIONS BOARD either during the course of the full working day or during their turns. Others follow, more or less closely, schedules drafted for their use by planning supervisors. All foremen whom the Employer considers "bona fide" foremen may deviate from, or modify to some extent, the tentative working schedules as the actual performance of the work by employees on equipment in their departments may require. Fore- men of all grades, on the basis of their varying skills and working experience, may recommend changes in production methods and in the care of equipment and purchase of equipment. Such recommenda- tions as appear to have merit are considered and investigated and are sometimes adopted by department heads above them who decide such matters. Foremen supervise the activities of rank and file workers, both directly and/or through subordinate supervisory personnel of more limited jurisdiction under them. Foremen of all grades are responsi- ble for the understanding of job techniques and duties of all em- ployees under their charge, although they customarily delegate the necessary instructions of rank and file workers to lower ranking super- visors or tD rank and file workers especially adapted to such work. Foremen assign work to employees under their charge. It is gener- ally customary throughout the plants, when absences occur in a de- partment and additional employees are needed to maintain a working force, to make temporary promotions among employees in the mnne- diate department and to borrow less skilled workers from other de- partments as may be necessary. Thus, foremen shift men about from job to job, as absences among their workers may require, make tem- porary promotions within the ranks of employees under them, and borrow, or request their supervisors to borrow, additional employees from other departments to maintain a sufficient working force. Foremen execute the safety programs instituted by the safety de- partment, one of the general service departments,' attending regular safety meetings to receive necessary instructions from their superin- tendents, and holding regular safety meetings among employees in their charges to impart to the latter what they have learned. The Employer's safety program necessarily rests upon its foremen's under- standing of the safety program, their dissemination of information on safety matters, and their enforcement of safety rules set up by the Employer. While foremen do not hire new employees, they frequently inter- view, with higher supervisors in their departments, and recommend for hire in their immediate departments, employees who have passed -1 Emploveee in the safety depa_tmont responsible for the safety program are excluded fi om the proposed unit YOUNGSTOWN SHEET AND TUBE COMPANY 225 the preliminary screening test of the employment office and who desire to qualify for skilled jobs.s As the supervisory employees working in direct contact with rank and file workers, foremen are authorized to discipline employees for ordinary infraction of rules, insubordination, fighting, etc., by appro- priate reprimand or lay-off, determining somewhat within their dis- cretion, but chiefly by custom in such instances,Â° the treatment which the particular offense warrants. All foremen participate in the griev- ance procedure to the extent of discussing grievances with rank and file employees. Most grievances are thus settled, and are never reduced to writing for the more formal grievance processing provided in the contract between the Employer and the bargaining representatives of its rank and file workerslÂ° Certain foremen in the various categories and grades in the several departments are authorized to accept and deal with written grievances in the first step of the grievance procedure provided for in the Employer's contract with the Steelworkers. As immediate supervisors of employees concerned, foremen are necessar- ily consulted by their superiors in the later steps in the grievance processing. To assist foremen in dealing with the questions and griev- ances respecting the working conditions of employees directly under them, some general information concerning over-all schedules, labor problems, and contract interpretation, given by the district manager and his general superintendents directly to superintends of the various departments, is relayed by the latter to foremen. While the Petitioner and the Employer generally agree that fore- men of various grades and work jurisdiction within the several pro- duction and maintenance departments share common work interests which outweigh in respect to unit considerations the differences in rank among them due to the hierarchy of supervisory authority among foremen of different grades within such departments, and we agree with their conclusions in this instance, they disagree, as noted above, with respect to the unit grouping of the supervisors concerned. The Petitioner urges a single unit for foremen of production, main- 8 Laborers are generally not interviewed by any production department personnel They ai e supplied as unskilled laborers upon request of foremen, to the several departments, as need for them may be determined 9 Certain forms of discipline are customary or traditional in the plant for the not un- common infractions of rules. Foremen apply the usual forms of discipline, depending upon the circumstances present in the individual but common cases Foremen of all classes are expected to consult with supervisors of higher grades when unusual situations of any kind require decision All disciplinary action is subject to review through appeal procedure if it appears unduly harsh or otherwise unmerited 30 The contract covering the production-maintenance unit provides for specific procedural steps in processing the grievances of production and maintenance employees At the time of the hearing, a contract for clerical employees was being negotiated, but was not yet completed A comparable grievance machinery was planned for processing the grievances of clerical workers 226 DECISIONS OF NATIONAL LABOR RELATIONS BOARD tenance, plant-protection, and clerical workers. The Employer urges that units for foremen should generally follow the pattern of bar- gaining established for non-supervisory employees. The Bricklayers urges (1) that mason foremen be excluded from the broad foremen's unit proposed by the Petitioner, or (2) that a separate unit be set up for mason foremen. Without taking any position with respect to the unit or units appropriate for foremen characterized as "turn," fore- men and foremen above the rank of turn foremen, the Steelworkers contends that employees falling below the rank of turn foremen are properly gang leaders, or pushers, lacking any substantial supervisory authority, that these employees should be excluded from units for supervisory employees, and that they are to be deemed included within the already established production-maintenance or clerical units for non-supervisory employees.11 We have frequently approved the setting up of units for foremen according to the unit patterns already established among the rank and file workers whom such foremen direct and supervise. The fol- lowing units have been established among employees at the plants : 1. The production-maintenance unit. On September 23, 1941, pursuant to a stipulation for certification upon pay-roll check, the Board certified the Steel Workers Organizing Committee, the pred- ecessor of the United Steelworkers of America, the intervenor herein called the Steelworkers, as the exclusive representative of production and maintenance employees in the Youngstown and Chicago Dis- tricts of the Employer's operations.12 Employees covered by the certification thus included not only production and maintenance workers at the Indiana Harbor Works and the South Chicago Works, but also production and maintenance workers at the Brier Hill, Struthers, Campbell, and Hubbard, Ohio, plants in the Youngstown District. From the unit covered by the certification, all executives, foremen, assistant foremen, supervisors who do not work with tools. watchmen, office employees, nurses, and clerical and salaried employ- ees, and all bricklayers at the Indiana Harbor and South Chicago Works, were expressly excluded. 2. The plant-prrotection emmployees' unit. On March 6, 1943, the Board, having found that plant-protection employees at the Indiana 11 The Steelworkers assumes that mere exclusion from foremen's units automatically presupposes an appropriate inclusion of an employment category within the general units iespectively found appropriate for non-supervisory production and maintenance and clerical n orkers Although the Employer and the Steelworkers have disagreed with respect to the unit placement of certain categories of employees in the production-maintenance and cleri- cal units, neither party to these proceedings has sought clarification, through the Board's serirces, of their differences The proper scope of the production-maintenance unit or of the clciical unit for non-supervisory employees and the proposed placement of certain em- ployees iiithin these units is not before the Board in the instant consolidated proceedings respecting the unit or units appropriate for foremen 12 35 N L It B 660. YOUNGSTOWN SHEET AND TUBE COMPANY 227 Harbor Works constituted an appropriate unit,'3 certified Local 2775 of the Steelworkers as their exclusive bargaining representative. Plant-protection captains and sergeants were expressly excluded from the bargaining unit. So far as the record discloses, non-supervisory plant-protection employees at the South Chicago Works have not been organized for bargaining purposes. 3. The masons' unit. On April 30, 1943, pursuant to a stipulation for certification upon pay-roll check, in Case No. R-5247, the Board certified Bricklayers, Masons, and Plasterers' International Union of America, herein called the Bricklayers, as the exclusive bargaining representative of bricklayers and bricklayers' apprentices at the Indiana Harbor and South Chicago Works. Working foremen, fore- men, and other supervisors were expressly excluded from the unit cov- ered by the certification 14 4. The clerical workers unit. On March 30, 19443 the Board, finding that non-supervisory clerical employees in the Chicago District of the Employer's operations constituted an appropriate unit," certified Local No. 3127 of the Steelworkers as their exclusive bargaining representa- tive. From the unit found appropriate and covered by the certifica- tion, all supervisory employees whom the Petitioner herein seeks to represent were excluded. The units within winch non-supervisory workers at the two plants in the Chicago District bargain with their Employer are thus not alike in their scope or coverage. Since the instant petitions are ex- pressly limited to employees at the Indiana Harbor Works and the South Chicago Works, which comprise a single operating district of the Employer's operations, and since there is no question pending before us with respect to the representation of foremen at other plants of the Employer at this time, and for the further reasons herein set forth, we shall set up for employees of foremen grade at the Indiana Harbor Works and the South Chicago Works at least three separate bargaining units, for foremen or comparable employees who super- vise clerical employees, for comparable supervisors of plant-protection employees, and for foremen of production and maintenance employees. Clerical supervisors Clerical supervisors within the unit proposed by the Petitioner bear various job titles, comparable in their various grades in the field of clerical supervision to foremen of similar grades in the field of production and maintenance work. The majority of the supervisors, in what we may, for convenience, term the "foremen" classes of clerical 13 47 N L It B 391 11 The Decision and Certification of Representatives in Case No R-5427 is unpublished 15 54 N L R. B 1393. 228 DECISIONS OF NATIONAL LABOR RELATIONS BOARD supervision, to distinguish them from supervisors comparable to super- intendents and assistant superintendents in their several departments, direct only employees included in the non-supervisory clerical unit, recently found appropriate by the Board 1Â° Other clerical super- visors, however, include under their supervision, directly or through subordinate personnel, not only employees in this clerical unit, but also employees included in the production-maintenance unit and covered by the contract for such employees at the plants17 Supervisors of both these classes are notable in two of the departments covered by the peti- tion : (1) the accounting department, and (2) the production-shipping department. The accounting department at the plants herein concerned functions under a superintendent, called the works manager, as an implement of the Comptroller's office in the Employer's general offices at Youngs- town. It is primarily a department where records are made and processed. The great majority of non-supervisory employees within the department are exclusively clerical workers. However, certain chief clerks,'' supervising only office clerical employees, are subordinate to general chief clerks, under whom are other chief clerks of compa- rable authority who supervise employees in both the clerical and the production-maintenance units.19 Thus, clerical workers, who fall within the clerical unit, and weighers'20 who fall within the produc- tion-maintenance unit, are supervised by one chief clerk, while another chief clerk of equal grade under the same immediate supervision of the same general chief clerk in the same department supervises only em- ployees falling within the clerical unit. The foreman of the stationery-messengers in the accounting department, who has the rela- tive status of general chief clerk in the same department, supervises one employee in the clerical unit and one truck driver and five or six messengers.21 The divergent supervision of such subdepartment heads in the accounting department speaks for the contention of Petitioner "' See footnote 15, supra 17 See footnote 12, supra 18 These employees are listed on Appendix A 1I These employees are listed on Appendix B sÂ° Weighers at the plant were-not expressly included in the production-maintenance unit agreed upon by the parties and found appropriate by the Board for the purposes of a consent pay-roll check Weighers were, however, by construction of the parties, deemed included in the production-maintenance unit and have been covered by the bargaining contracts negotiated on behalf of production and maintenance employees Where the unit placement of weighers is in issue before the Board, we have frequently specifically excluded weighers from production-maintenance units Matter of St Je'eph Lead Company. 41 N L R B 256 Matter of Armour and Company, 56 N L ii B 886 21 We have no unit policy which impels us to place truck drivers and messengers in a production-maintenance unit Employees in these categories at the plants herein con- cerned, not specifically in issue , were deemed by the consent of the parties within their agreed unit. We have, on occasion , specifically excluded truck drivers from production- maintenance units. Matter of Sam Boorstein , et at, 64 N . L. R B. 645. We have specifi- cally included messengers in clerical units . Matter of Acweltone Corporation , 61 N L. R B 850 YOUNGSTOWN SHEET AND TUBE COMPANY 229 that supervisors of clerical employees should be included in a single unit with supervisors of production and maintenance employees. We have, however, established a policy of separation of foremen along the broad outlines of units of non-supervisory employees. Since, as urged by the Employer, the accounting department is a markedly clerical function of the Employer's operations, and all supervisors therein have a strong common interest within their department, and all employees within a department have common ties, we are persuaded that all supervisors within the foreman class in this department should be grouped in the same clerical unit; notwithstanding the divergent unit placement of non-supervisory employees within their charge. The production-shipping department, on the other hand, a depart- ment functioning under the Chicago District Manager, handles not only the scheduling of orders for products, which is a clerical func- tion, but also the actual shipping of such products, including the packing and loading of them to warehouses and to customers, and the making of bills of lading and other records incidental thereto. Under the department superintendent are two assistants, comparable to assistant department superintendents, (1) the chief shipper and (2) the chief schedule clerk. The majority of the supervisory posi- tions of the foreman class reporting directly to these two heads involve only supervision of employees who fall within the clerical unit.22 Some supervisory clerks, however, reporting to the same department heads, direct and supervise not only employees in the clerical unit, but also employees in the production-maintenance unit.23 Their pri-' mary function, however, is the planning, scheduling, and checking of records incidental to shipping. Subordinate, on the other hand, to the latter group of clerical supervisors are assistant shippers and loading foremen, whose principal activities lie in overseeing the phys- ical handling of materials and finished products.24 The Employer urges that these subordinate foremen are more appropriately grouped with foremen of production and maintenance workers rather than with supervisors of purely clerical workers within the prodnction- shipping department. We find that the suggested grouping is reason- able, and we will place these foremen in the unit for foremen of pro- duction and maintenance employees.25 The status of several employees with respect to the proposed unit for clerical supervisors is in issue. Scale Inspector-The scale inspector, a skilled machinist, has super- vision of the scales in the Employer's Chicago District, of which there are approximately 250 at the Indiana Harbor Works and 50 at the South Chicago Works, variously placed in the several departments 22 These employees are listed on Appendix C 23 These employees are listed on Appendix D u These employees are listed on Appendix E 25 Matter of Kaiser Cargo, Inc, F 'leetsinngs Division, 67 N. L R. B 1027. 230 DECISIONS OF NATIONAL LABOR RELATIONS BOARD of the plants where they are used. The scale inspector inspects the scales and keeps records upon their condition.26 He does no manual work. He determines what work must be done on the scales, and it is done in the machine shop. Necessary parts are ordered through the foreman of the department in which the scale is placed. Approxi- mately 6 employees are regularly assigned to work on scales, 4 at the Indiana Harbor Works, and 2, on t part-time basis, at the South Chicago Works. These employees are variously classified as ma- 0 chinists, machinist's helpers, and maintenance men and are included in the production and maintenance unit of non-supervisory employees, from which the scale inspector is expressly excluded. The men who regularly work on scales report to their foreman and are daily assigned, with as many more men as may be necessary, to do the work on the scales designated by the scale inspector. Based upon his observa- tion of the work they do on scales, the scale inspector may recommend a helper for promotion. Recommendations are not required of him. He may request the transfer of any man assigned to work on scales who does not appear to him adapted to the work and request that another be substituted for such helper. The scale inspector adminis- ters no discipline and signs no time cards. The men working under him on scales remain responsible to their foremen. The Employer contends that the scale inspector functions as a specialist on scale equipment and as staff assistant to the works mana- ger, the head of the accounting department to whom he is directly responsible, and that the scale inspector does not function as a fore- man in charge of subordinate employees with the requisites and duties of foremen. Himself a specialist, the scale inspector is not subject to any close supervision. Since it appears that all maintenance em- ployees assigned to work upon scales remain under the control of their respective foremen, and that the Employer has not given the scale inspector any substantial authority over them, we find that the scale inspector is not a supervisory employee within our definition of the term. We will exclude him from the units found appropriate for supervisors.27 Schedule cleric (merchant mill)-The schedule clerk (merchant mill), under the merchant mill chief schedule clerk, who is in charge of the office, sets up the production schedule, planning the sequence of orders to be filled in the mill, taking into account the various finish- ing processes and conditioning capacities and promises to customers for delivery of products. He goes into the mill for necessary infor- mation regarding the work. Otherwise he works in the office, sub- 26 Although the scales are periodically tested by an outside concern, the Employer relies on the scale inspector to keep its scales accurate and in working order He has authoiity to order scales out of use 27 Dlattei of Columbia Steel Company, 67 N L R B 529 YOUNGSTOWN SHEET AND TUBE COMPANY 231 matting his schedules to his superior, by whom they are changed or modified to suit conditions as they may thereafter arise. There are, in the same office with the schedule clerk (merchant mill), a ,general machine operator, a messenger, and a clerk, with whom he has fre- quent contacts. They perform some clerical work for which he is responsible. He has authority to call to their attention any errors in the work. He does not discipline them or discuss grievances with them except in the absence of his superior. In the infrequent absence of his superior, however, by reason of vacation or other circumstance, the schedule clerk (merchant mill), is in charge of the office. We are not persuaded that the schedule clerk (merchant mill) is a supervisory employee under our definition of the term. We find that he is a staff assistant to the merchant mill chief schedule clerk, and we shall exclude hire from the bargaining unit for supervisors of clerical employees. Provider (hot strip mill)-The provider (hot strip mill), under the immediate supervision of the hot strip mill chief schedule clerk (19-A),* works on the day shift, subject to call, with order clerks, schedule writers, and other providers to see that the amount of work scheduled for the mill is duly rolled. There are approximately 10 employees in the office. The provider, hot strip mill, sometimes signs time cards and signs requests for stationery. He has no authority to discipline other employees in the office. His work, like that of the provider (merchant mill) whom the Petitioner and Employer would exclude does not appear to differ essentially from that of other providers in the department who are included in the unit of non- supervisory clerical employees. Since he does not appear to have substantial supervisory authority, we will exclude him from the unit for supervisors of clerical workers. Chief clerk, maintenance department-The chief clerk in the main- tenance department is the ranking clerical employee in the office of the assistant superintendent, of the department. Under his direction are two clerks who perform clerical work in the same office. Seven clerks in the same department, serving as foremen's clerks, work at various locations in the department and directly under other super- vision. While the chief clerk sends out work to be done by these seven department workers, he has no disciplinary authority over them. He dispatches directions with respect to new office practices and sees that these are followed. The work of the assistant superintendent's office is general office work. The chief clerk orders clerical supplies for the entire office. The chief clerk, like superintendents' clerks generally in the plant, has access to all matters coming to the assistant superintendent's of- ''The number in parenthesis after a job category designates the Employer's exhibit setting forth the job description. 232 DECISIONS OF NATIONAL LABOR RELATIONS BOARD fice except matters personal to him and information regarding relative salary ratings. Letters concerning discipline of employees in the de- partment, which are not accessible to foremen, pass through his hands and into files not accessable to foremen. In our decision respecting the appropriate unit for clerical work- ers, we excluded superintendents' clerks as confidential employees. The unit placement of these employees is not here in issue. Since the chief clerk in the maintenance department functions in somewhat the same capacity as these confidential employees and has little super- visory authority, we will exclude the chief clerk in the maintenance department from the unit of clerical supervisors. Planning supervisor-The planning superivsor-pipe mill de- partment, the planning supervisor-hot strip mill, and the planning foreman-shops department, prepare from orders sent to them work schedules and work routine sheets for their respective departments for a 24-hour turn. In making these work schedules, they must take into consideration the several processes involved in completing the work to be done in their departments and route the work in proper sequence. They necessarily restrict their planning schedules to work done in their own departments. They work in the offices of the general f ore- man of their departments in more-or-less. close touch with clerical employees in the same offices who work with them. Their work is largely clerical in kind. These planning supervisors, like the schedule clerk-merchant mill, discussed above, substitute for their superiors on the latter's infrequent absences, at which time they exercise the prerogatives of the higher positions. The Employer contends that these planning supervisors are administrative assistants rather than supervisory employees. We agree with this contention, since it does not appear that, as planning supervisors, they exercise supervisory authority. We will exclude planning supervisors and the planning foreman from the units for foremen which we find appropriate.28 Plant-Protection Supervisors Subject to its request for a more inclusive supervisory unit, the Petitioner would include in a single bargaining unit for supervisory plant-protection employees, captains and sergeants at the Indiana Harbor Works and South Chicago `Yorks, who hold positions com- parable to foremen among production and maintenance workers. The Employer, subject to its general contentions with respect to units for supervisory employees, contends that plant-protection super- visors at the two plants should bargain in a unit separate from those of other supervisors at the plants. 28 Matter of Bethieheni-Soarrous Point Shipyard, Inc. 65 N. L It B 284 YOUNGSTOWN SHEET AND TUBE COMPANY 233 At the Indiana Harbor Works, under the superintendent of the department, are three captains and six sergeants who work on three shifts, directing patrolmen at the plant. Plant-protection employees below the rank of sergeant at the Indiana Harbor Works are organ- ized and presently covered by bargaining contract. At the South Chicago Works, the smaller plant, there are no captains, and the sergeants work directly under the chief of the department at their plant. These sergeants have small working forces under them and the sergeant on the night shift is in charge at the plant for his turn. Patrolmen at the South Chicago Works are not organized. We will include captains and sergeants at the two plants of the Chicago District in a bargaining unit limited to supervisors of plant- protection employees. Production and Maintenance Supervisors As noted above, and subject to the Employer's general contentions respecting units of supervisory employees, the Petitioner and the Employer substantially agree, and we find, that foremen of rank and file production and maintenance employees, including the several categories of foremen, such as general foremen, foremen, turn fore- men, assistant foremen, or other designations indicating comparable authority, may be grouped in a single unit, despite varying responsi- bilities due to the numbers of workers and the cost of equipment within their charge and the extent of paper work required of them. These foremen vary in skills and responsibilities in relatively the same way as the highly skilled and less skilled production and main- tenance employees whose work they direct and from whose ranks they have, to a considerable extent, been promoted to their present supervisory level. The unit placement, however, of certain groups of foremen and the employment status of certain individual em- ployees are nevertheless in issue. Mason foremen.-The mason department at the Indiana Harbor Works is one of the several general services departments. Workers in this department are (1) bricklayers and their apprentices and (2) laborers or helpers, who transport materials as needed and perform other work not traditionally done by members of the craft. At the South Chicago Works there are a small group of similar craftsmen, working under a working craft foreman, who reports to the general mechanical foreman at the plant. While unskilled helpers and la- borers at both plants have constituted part of the broad production- maintenance unit, composed of skilled and unskilled production and maintenance workers without regard to the particular department to which they may be more or less permanently assigned, bricklayers and their apprentices, as a craft group, have bargained with their 234 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Employer through the Bricklayers, their craft union. From the craft unit so constituted, all foremen were expressly excluded. Al- though the Employer has conferred with the Bricklayers concerning the hours and wages of these mason foremen, the Employer has never entered into any written contract covering these craft foremen or formally recognized the Bricklayers as their exclusive bargaining representative. The Bricklayers contends that mason foremen constitute a separate bargaining unit and requests that the Board certify the Bricklayers as their exclusive bargaining representative upon the basis of certain oral testimony that all mason foremen are members of its organiza- tion, or, in the alternative, that the Board dismiss the petition herein so far as it involves mason foremen. The Employer agrees that mason foremen properly constitute a unit separate from that of other fore- men at its plants. The Petitioner, however, claims to have some rep- resentation among mason foremen and desires to represent them as part of its proposed foremen's unit. Under these circumstances, we will make no decision respecting the scope of the unit for mason foremen. We shall hold an election among them as a separate voting group to determine whether or not they de- sire to be represented by the Petitioner, or by the Bricklayers, or by neither, for bargaining purposes. Upon the results of the election, we will, in part, predicate our conclusions with respect to the desires of the mason foremen for a collective bargaining unit. Mason foremen generally exercise the powers and authorities of other foremen at the plants with respect to the assignment and disci- pline of workers under their charge. The mason foreman 29 at the South Chicago Works, who reports directly to the general mechanical foreman at the plant, is a working foreman, with but one mason and two helpers under him. Since the working mason foreman is a craft foreman, and, as such, excluded from the craft unit of non-supervisory employees, we will include him in the voting group for mason foremen. "Non-managerial foremen"-The unit proposed by the Petitioner includes for the most part foremen of several categories, including general foremen, assistant general foremen, foremen, turn foremen, and assistant foremen, variously paid on a salary or hourly basis with or without bonus or premium, whom the Employer characterizes as "managerial," "bona fide," or "top level foremen." Such foremen are invested with broad authority to deal with problems involving work processes under their several jurisdictions and to deal with work problems immediately pertinent thereto. The number of employees working under their direction or major production operations or 29 The job description of the mason foreman at the South Chicago works is Employ'er's Exhibit 59C. YOUNGSTOWN SHEET AND TUBE COMPANY 235 service functions, or both, entrusted to their respective charges mark, the relative status among them. While operating under supervision from higher ranking supervisors, they are qualified to plan and to make substantial changes in operating schedules and techniques in work performed under them; they stop operations where stoppage seems to them warranted; they requisition materials and supplies without immediate consultation with their superiors ; and they discipline em- ployees for common infraction of rules and they initiate discharges. Within their respective work areas, they assign employees to specific jobs and promote and transfer or demote them, at least on a temporary basis , or make effective recommendations with respect to such matters.'e Other supervisory foremen , whom the Employer characterizes as "non-managerial " or not "bona fide" foremen 31 are employees who have somewhat more limited experience , technical knowledge, or less authority and who, the Employer alleges, are more apt to consult with their superiors before taking any decisive action both with respect to production processes and with respect to cases of discipline concern- ing employees under them. They incline to send employees to their immediate supervisors for strict discipline, if such supervisors are present on that turn, or, if alone in their departments on their shifts, as not infrequently occurs, they defer all but emergency action until consideration and decision on the case may be had by higher authority. While such foremen do not accept written grievances for processing by them-and not all foremen whom the Employer contends are top level foremen are necessarily authorized to deal with written griev- ances in the first step of the grievance procedure set forth in the con- tract between the Employer and the Steelworkers covering production and maintenance employees at the plants-they do orally discuss griev- ances and, presumably, effectively dispose of many of them, since most grievances do not become the basis of formal written treatment which would be handled by other foremen in their departments. The Employer alleges that the iron worker foremen and the electro- lytic department turn foreman are typical of this class of "lower level" supervisors, and we shall therefore turn our attention particularly to these two categories. 1. Iron worker foreman-The iron worker foreman 32 works on the same day turn as his immediate superior, the boiler and bridge shop foreman in the shops department.33 The iron worker foreman per- 11 Foremen whom the Employer characterizes thus as "bona fide" or " top level foremen" appear listed upon Appendix F 31 These foremen are listed upon Appendix G sz The job description of the iron worker foreman in the shops department is set forth in Employer ' s Exhibit 52B 3+ The largest single group of the so-called non-managerial foremen are in the shops department. 236 DECISIONS OF NATIONAL LABOR RELATIONS BOARD forms no manual work. He supervises a group of 20 to 30 employees, including acetylene burners, iron workers, and others who do repair and structural work throughout the plant. The iron worker foreman is responsible for the safety, assignment, training; and supervision of workers under his immediate jurisdiction. He discusses with workers their complaints respecting their working conditions and answers their questions so far as he is able. He takes necessary action to correct faulty work. He makes recommendations to his superior when it appears to him that employees under his charge merit discipline and his recommendations are carefully considered in the making of final decisions respecting these matters. The iron worker foreman takes his men anywhere in the plant where their services may be needed. He assigns men to their jobs and shifts them about as seems to him necessary. More than one job is under his direction in the plant at a time. Upon these jobs are leaders working under his direction, who receive appreciably less than he in wages. The iron worker foreman has little need to make requisition for stores. Ile signs time cards when he is at some distance away from the shops' office, which is not infrequent. While the boiler and bridge shop foreman in the shops department, his immediate superior, makes an attempt to visit the various jobs being worked upon in the plant once each day, it is clear that the iron worker foreman is directly re- sponsible for the work done on these several jobs without any immedi- ate or close supervision from his superior. The iron worker foreman holds safety meetings for his men at which his superior is present when possible. As a foreman, the iron worker foreman was excluded from the production and maintenance unit represented by the Steelworkers. 2. The electrolytic department turn foremen-The electrolytic de- partment foreman, a highly qualified expert in the field of tin finishing, is in general charge of the electrolytic department, a subdivision of the tin finishing department at the Indiana Harbor Works. He works on the day turn only and normally schedules the work to be done in the department during the 24-hour day. In his supervision of the work of the department, he is assisted by three turn foremen-one on each 8-hour turn. The turn foremen on the afternoon and midnight shifts are thus the ranking supervisors in their department at the plant dur- ing their turns. Each turn foreman has under his direction approxi- mately eight employees, including machine operators and their helpers, for whose safety, assignments, and training he is responsible. He su- pervises their work. He discusses grievances with them, settles some complaints, and refers others for final decision to the foreman of the department on the day turn. The turn foreman certifies time cards; he conducts safety meetings; and he initiates action in disciplinary cases. YOUNGSTOWN SHEET AND TUBE COMPANY 237 Each turn foreman is responsible for the condition, the efficient care, and economical use of all equipment on his turn. He may have received all his technical training at the Employer's plant. He may make some minor adjustment on equipment, but he is not considered a working foreman. He makes requisitions for repairs and equipment as necessary. The turn foreman makes temporary promotions 84 among his employees, as lie necessarily shifts them about to higher posts when absences and shortages in labor make such action necessary. The Employer agrees that its so-called "managerial" general fore- men, assistant general foremen, foremen, and assistant foremen, all sufficiently trained and competent to oversee the operations within their varying jurisdictions 15 in a single department, are bound by a common interest which outweighs any consideration of their respective places in the supervisory hierarchy within their departments. The differences between the so-called "managerial" foremen and the so- called "non-managerial" or lower level foremen are not clearly marked as an incident of the supervisory hierarchy at the plants. Where the parties disagree with respect to the combination of lower loud higher non-policy-making supervisory employees within the same unit, and we find that there is a clear line of demarcation between dis- tinct classes of such employees, we have seriously considered whether the inclusion of such groups in a single unit or in a single voting group will best protect their interests in bargaining with their employer. In the instant case, we have considered the written job descriptions offered by the Employer, which the Petitioner in most instances concedes accurately reflect the work of the employee considered, and the testi- mony and other evidence bearing upon such employees, and we find no clear line of demarcation which segregates these employees into two or more groups which will better serve their respective interests than the single unit which the Petitioner urges. Employees grouped as lower level employees have less in common with each other than employees in both groups share. For this reason we reject the con- tention of the Employer respecting the unit grouping of "managerial" and "non-managerial" foremen, and we will place employees listed in Appendix F and Appendix G in the salve bargaining and voting group and unit. 11 Turn foremen do not make permanent promotions among production and maintenance employees Ability and seniority are the factors governing promotion of production and maintenance workers under their contract with their Employer Seniority in the plant is rated on a departmental basis Therefore, when permanent promotions are in order, all employees in the department must be considered for such promotions on the basis of depart- mental seniority as well as ability Turn foremen make recommendations with respect to the ability of men under their charge, and in this way their recommendations are a factor in determining permanent promotions. 35 As noted above, we find that none of the foremen in their several categories are man- agerial employees in the sense that they are policy-making individuals. The Employer's policies are made at its general offices at Youngstown and that these policies are common to its several plants is exemplified in our multi -plant unit for non-supervisory production and maintenance workerN 238 DECISIONS OF NATIONAL LABOR RELATIONS BOARD The parties further disagree with respect to the status, and conse- quently the proper unit placement, of certain other categories of employees at the plants. The Petitioner would include these employees as supervisory employees within its proposed unit. The Steelworkers contends that these employees are non-supervisory employees and should be excluded from the proposed unit. The Employer takes independent positions with respect to the categories concerned. The electronic engineer-The electronic engineer 36 reports and is accountable to the assistant superintendent of electrical maintenance in the tin mill. He is a consultant on power control. The operation, maintenance and repair of electronic equipment in the steel plant and in the tin mills come within his special skills.'' Work done under his technical jurisdiction is regularly performed by working forces under their respective foremen. He directs the work of others only in einer- gency break-downs when a maintenance crew with its foreman may be assigned to him for a short period of time. He otherwise does not schedule or assign work or supervise employees. The electronic en- gineer is consulted on the purchase of new equipment. He is respon- sible for maintaining a supply of spare parts and repair parts for electronic and related equipment, and he may issue requisitions for such materials and supplies. He confers with his superior to determine methods and procedures to be used in the plant. He attends weekly meetings of production heads. He gives technical advice to electrical maintenance foremen and power foremen to aid electrical repairs and minimize delays. While the Petitioner admits that the position of electronic engineer is in some aspects unique, it contends that this job category parallels in many respects the job categories of supervisors whom the parties agree are to be included in the unit. The Employer contends that the electronic engineer is not a supervisory employee. We believe that the electronic engineer is a technical advisor and that he exercises no substantial authority over any working forces. For this reason, we shall exclude the electronic engineer from the unit of supervisors. Test engineer (senior)-There are three test engineers in the fuel engineering department at the South Chicago Works, of whom one is the most experienced and is designated the senior test engineer.38 This individual is under the general direction of the assistant fuel engineer of the Chicago District. The senior test engineer is charged with the economical and efficient consumption of fuel in the blast, fin'- 3" The job description of the electronic engineer appears as Employer's Exhibit 14 The majority of electronic equipment is under the jurisdiction of the regular power foreman in the turn mill, but electronic equipment may be installed anywhere in the plant under the immediate control of service foremen. .is The fuel engineering btaft at the South Chicago Works is relatively small because the plant has no metallurgical or rehearing furnaces The job description of the senior test engineer appears as Employer 's Exhibit 33. YOUNGSTOWN SHEET AND TUBE COMPANY 239 naces and boiler houses at the South Chicago Works, together with the proper installation, maintenance and repair of all instruments, controls and related equipment, and he acts in an advisory capacity on problems of water treating and steam consumption. He works on the day turn, subject to call during the night turns. He generally directs the work of two skilled test engineers, who repair equipment and meters in the boiler and blast furnaces of the plant.39 The senior engineer has had no occasion to discipline either of the two test en- gineers who work with him, but he would be expected to take any necessary action in an emergency. Otherwise any problem concerning them would be submitted to his superior for determination. Although he would be expected to recommend discipline, no action would be taken on his recommendation without a complete independent investi- gation of all circumstances. The senior test engineer is permitted to interview and reject any applicant for a position of test engineer at his plant. The Employer contends that the senior test engineer is not a super- visory employee. Considering the distance between the two plants in the Chicago District of the Employer's operations, we believe that the status of the senior test engineer is not free from doubt. Since, however, the record indicates that the fuel engineering department is not a large department, that the problems of the fuel engineering department at the South Chicago Works are the immediate concern of the assistant fuel engineer, and since technical rather than super- visory functions appear to be delegated to the senior test engineer, we find that the senior test engineer has no appreciable supervisory authority 40 and we shall exclude him from the unit of supervisors. Practice man, blast furnace department, South Chicago Works- The practice man 41 is an administrative employee, serving as technical aid to the assistant superintendent of the blast furnace. He calculates and evaluates the materials used in the burdening of the furnace, con- ducts special tests, and interprets analyses of furnace products while the furnace is in operation. He has no employees under his super- vision. He observes the operations of the furnaces, and not the oper- ations of men working about the furnaces. The Employer would exclude the practice man from the unit for foremen. The shortage of qualified men has brought about a condition in the plant wherein one employee functions three turns per week as prac- , "These two test engineers are included in the production-maintenance unit and are covered by the Steelworkers' contract. 90 The position of senior test engineer may be readily distinguished from the position of shop foreman in the fuel engineering department at the Indiana Harbor works who serves not only as a trained technician but as a supervisor of a working force of 20 to 25 men whom he directs, assigns, and disciplines, exercising all of the privileges and' assuming all the responsibilities of foreman. 41 The job description of the practice man is set forth on Employer's Exhibit 57 717734-47-vol 71 17 0 240 DECISIONS OF NATIONAL LABOR RELATIONS BOARD tice man and three turns per week as stock house and high line fore- man. During his three turns as foreman, this employee functions as foreman with all the authority and responsibilities attached to that work category. The category of stock house and high line foreman is agreed by the Employer and the Petitioner to be within the produc- tion and maintenance foremen's group, and we so find. The Employer, however, has not set up a combination job category of practice man- foreman. Many employees throughout the plants, especially during this labor shortage period, function in two job capacities as both pro- duction and maintenance workers under foremen supervision and as foremen themselves, exercising for such limited time the responsi- bilities and privileges which are involved in the supervisory status. They receive during the time of service in such respective categories the wages due to men in these respective jobs. We find that the position of practice man, blast furnace department, South Chicago Works, is a non-supervisory position, and as such should be excluded as an employment category from the unit for fore- men of production and maintenance workers. Straightening foreman-The straightening foreman is especially skilled in straightening and turning work. Under the general finish- ing end foreman in the merchant mill, he teaches men to operate machines which straighten metal products made in the mill. He decides what machines can best be used to perform the work needed and he adjusts machines for this purpose. He orders necessary repairs made on straightening- machines. The Employer would exclude the straightener foreman from the supervisory unit. On receiving orders for straightening work, the department day turn foreman assigns crews of men, more or less familiar with plant work, to operate the straightening machines, two to four crews on the day shift, and three crews on the night turns. Trainees and all but experienced straightening machine operators are retained on the day shift, where they can work under the guidance of the straightening foreman until they are able to handle their machines, once set up, without immediate help and advice. If the straightener foreman dis- covers that men assigned as trainees to straightening machines by the turn foreman are not well suited to that work, he recommends that these men be shifted to other work. Tie reports insubordination of workers to the turn foreman, but does not recommend disciplnie. The straightener foreman has no clerical duties 42 The turn foreman on the day shift assigns men on straightening machines to their shifts, makes temporary promotions, and signs time slips. As a salaried employee the straightening foreman is excluded from the production- maintenance unit. 42 Foremen generally have some records to keep, and the amount of paper work expected of foremen appears to increase as they progress in the supervisory hierarchy until they are provided with clerical assistance YOUNGSTOWN SHEET AND TUBE COMPANY 241 While it is clear that the straightener foreman is charged with the proper functioning of the straightening machines and that he trains employees to work on the machines, thereby assisting the department foreman, we doubt that the straightener foreman functions as a super- visory employee within our definition of the term. We will exclude him from the unit for production and maintenance foremen 43 First engineer, power house-The first engineer, power house, a shift operating engineer, is the ranking head of the main power house at the Indiana Harbor Works on the first and third turns of the day. He is directly in charge of five units of turbo generators and has under him approximately 10 employees for whom he signs time cards and to whom he gives instruction on safety matters. The first en- gineer is responsible to the chief engineer and the assistant chief engineer of the power house, both of whom are on the day turn. His responsibilities are comparable to the turn foreman on the boiler house side of the plant. In addition, he watches the machines and the indicators and he takes machines that develop trouble off the line and substitutes others, which the turn foreman does not 44 The first engineer recommends disciplinary action to his chief when it may be necessary, which is very infrequent. He calls for shop as- sistance when repairs to equipment may be necessary. While senior- ity plays a considerable part in promotions within the group under him, the first engineer makes recommendations regarding the quality of the work done by candidates for promotions. He is hourly paid, as are many foremen whom the parties agree are supervisory employees. The first engineer was not specifically excluded from coverage of the production-maintenance contract executed by the Steelworkers and their Employer. He profited, as did all hourly paid employees at the plant, by the increase in hourly rates negotiated by the Steel- workers for hourly paid production and maintenance employees within its unit. The Steelworkers contends that the first engineer is a maintenance employee and properly included within its unit. The Employer in its brief agrees with this contention. The Petitioner points out the characteristics of the work of the first engineer that tends to mark his supervisory status. We believe that the first engineer, power house, is a supervisory employee under our definition of the term, and we will include employees in this category within the unit for production and maintenance foremen. Blower, Bessemer department-The steel blower in the Bessemer department is the ranking man among approximately 20 employees tinder a turn foreman. He spends his working time in a pulpit manipulating controls, except for about an hour between heats. From 13 Matter of Libby-Owens-Ford Glass Company, 65 N L R B 434 11 This work varies from day to day It may occupy 1 or 2 hours per clay. 0 242 DECISIONS OF NATIONAL LABOR RELATIONS BOARD orders received, he determines the amount of steel to be poured in the scheduled molds and the amount of scrap to be placed in the con- verter. He determines how many laboratory tests should be made during the course of manufacture. He has a position where he can observe the entire department. He calls the foreman in charge by a whistle if he wishes to attract his attention. The blower is particu- larly charged with noting the relative positions of men on the floor so that they will not be injured by carelessness of any employees. The blower is an hourly paid, highly skilled employee. He does not assign work or sign time cards or discuss complaints with others in his department. The turn foreman on duty handles all such matters. The Employer would exclude the blower from the unit for foremen. We find that the blower, Bessemer department, is a skilled production operator and a key man in his department and that he is not a super- visory employee under our definition of the term. We shall exclude the blower from the unit of production and maintenance foremen. Head roll turner, bar mill roll shop-The 14" and 18" bar mill foreman has two roll shops under his direction, for which he schedules all work on all turns. The bar mill roll shop, a little more than a thousand feet from the other shop, is placed under the immediate charge of a head roll turner. The foreman usually visits this shop, at least for a few minutes, once during the day. The head roll turner in the bar mill roll shop assigns work to the seven or eight employees in his shop, signs time cards and conducts safety meetings for them. He trains employees for reconditioning work. He does not discuss major grievances with them. He makes recommendations for promotion and his recommendations have been followed. The head roll turner does not attend safety meetings held by fore- men in his department, but he receives copies of minutes of the Central Safety Committee meetings. He turns in a foreman's daily report. His office is in a lean-to, adjacent to his shop, where he maintains roll cards showing the diameters and life expectancy of rolls, and he keeps a record of the work done in his department. Foremen usually maintain such records. The head roll turner requisitions store sup- plies. His requests for repairs to machinery, however, are checked and signed by the superintendent or the assistant superintendent of the department. In this respect the foreman of the department has no greater authority than the head roll turner. The foreman is a salaried employee. The head roll turner, hourly paid, receives appre- ciably more than employees working under him. Some foremen are hourly paid. The Employer and the Steelworkers contend that the head roll turner is not a supervisory employee. While the status of the category YOUNGSTOWN SHEET AND TUBE COOMPANY 243 of head roll turner, bar mill roll shop, is not entirely free from doubt, we believe and find that the head roll turner, bar mill roll shop, exer- cises supervisory functions within our definition of the term, and we will include him in the unit for production and maintenance foremen. Roller, blooming mill-The roller of the blooming mill (there are four employees in this category) operates the blooming mill by con- trols, using his hands and feet. He is a production worker. One helper, a manipulator, works with the roller, operating the side guards and doing the turning of the steel and the spotting of the ingot from the passes in the rolls. Both these employees work in the pulpit and handle all rolling in the mill. If the controls on the machine are not working properly, the roller may shut the machine down until em- ployees from the electrical department or the mechanical department remedy what is wrong. Approximately once in 3 weeks, when the roller determines it necessary, the turn foreman of the department assigns to the roller a small crew to change the rolls, a machine maintenance function. This crew and the roller and the manipulator are under the direction of the turn foreman, who handles all discipline, signs all time cards, and otherwise is in charge of the department for his turn. The contract between the Employer and the Steelworkers covering production and maintenance employees excluded all salaried em- ployees. The roller, a salaried employee, is excluded from the unit covered by the contract. The Employer and the Steelworkers agree that the roller is not a supervisory employee. Since it appears that the roller in the blooming mill is not a supervisory employee within our definition of the term, we shall exclude employees in this category Irom the unit for production and maintenance foremen. Assistant store keeper, refrigerant maintenance-This assistant store keeper is an expert refrigerant mechanic who maintains and re- pairs refrigerant equipment at the Indiana Harbor Works and the South Chicago Works 45 This employee reports to and is accountable to the superintendent of fire protection and buildings. While he does not have a regular force of employees working with him, he has au- thority to call upon the various shop foremen for maintenance em- ployees to work upon equipment, but employees so borrowed remain responsible to the department foreman from whom they are taken, and over these men the assistant store keeper has a very limited au- thority. The assistant store keeper has authority to issue store requisi- tions for material and supplies. He is responsible for maintaining spare parts and supplies for the repair of refrigerant equipment, and he is consulted on purchases or changes in such equipment at the plants. 'a The job description of assistant store keeper, refrigerant maintenance, is set forth on Employer's Exhibit 30-A. 244 DECISIONS 'OF NATIONAL LABOR RELATIONS BOARD This employee, as a salaried employee, is excluded from the production and maintenance unit. The Employer contends that he is not a super- visory employee. Since it does not appear that the assistant store keeper, refrigerant maintenance, exercises supervisory authority within our definition of the word, we will exclude him from the unit for production and maintenance foremen. The stock and salvage man, hot strip finishing-The stock and sal- vage man reports to, and is accountable to, the assistant general fore- man in the hot strip finishing department. He handles all the sec- ondary product coming from the hot strip finishing department. The proper sorting of material into seconds for sale or scrap for raw product is his primary responsibility. He directs and is responsible for the correct use and maintenance of banding tools and material handling equipment. The four to six salvage helpers working with them do physical work. They aie all of the same labor class and any promotion that they may expect in the plant does not lie in this salvage sector. The stock and salvage man does not discipline employees, con- duct safety meetings, certify time cards, or recommend for promotion. The stock and salvage man works with his hands with his working force. He has not been deemed included in the Steelworkers' produc- tion and maintenance unit, although he is paid at an hourly rate'6 The Employer contends that he has no supervisory authority. Since it does not appear that the stock and salvage man has any substantial supervisory authority within our definition of the term, we will exclude him from the unit for production and maintenance foremen. Assistant labor foreman, steel plant; assistant track foreman, steel plant; assistant foreman, tin plant-The assistant labor foreman, steel plant" (there are normally four employees in this category on each 8-hour day turn and at least one on each of the two 8-hour night turns) works in the steel plant, including the yards, tracks, sewers, stocking materials, and operating departments, for the purposes of handling labor functions, such as cleaning, repairing, and reclaiming. With a small force of laborers, the number being determined by the nature of the job, assistant labor foremen in the steel plant supervise the work of common labor at any point in the steel plant where they may be as- signed by the labor foreman of the steel plant. The assistant labor foremen do no manual work. They are responsible for the safety, the assignment, and the training, as may be necessary, of workers on the particular job which is assigned to them. They do not discuss any 40 The stock and salvage man was listed on the exclusion list drawn up by the Employer and the Steelworkers in executing and interpreting the provisions of its first contract. The reason for the exclusion is not clear, on the basis of his work and limited jurisdiction over a gang of laborers in salvage work in which lie himself physically participates 47 The job description of the assistant labor foreman is set forth on Employer 's Exhibit 55. The job descriptions setting forth the work of the assistant track foreman , steel plant, and the assistant foreman, tin plant, appear respectively on Employer 's Exhibits 55-A and 55-B. YOUNGSTOWN SHEET AND TUBE COMPANY 245 major complaints with the workers that may be assigned to them for the particular job, but refer such complaints to the labor foreman. They recommend disciplinary action. They recommend to their labor foreman employees assigned to them for promotion, transfer, or term- ination of employment. They are held responsible for any equipment of the labor department which they may need to use on the job as- signed to them for performing that specific work. The Employer con- tends that these assistant labor foremen are group leaders, rather than foremen. They have under their supervision changing crews of work- men and for this reason it appears that their recommendations are necessarily limited to the performance of work on particular jobs and this would tend to minimize the importance of their individual recom- mendations. Since, however, these assistant labor foremen do no manual labor and work anywhere in the steel plant, which may be at a considerable distance from the labor foreman who assigns their work, we believe that the assistant labor foremen, steel plant, are properly included within the unit for production and maintenance foremen at the plants. The assistant track foreman in the steel plant and the assistant fore- man in the tin plant hold comparable positions in the labor depart- ment. One employee serves in each of these two job categories on the day turn. The assistant track foreman in the steel plant, is dispatched with his crew to any place in the entire steel plant yard for work on tracks for the purpose of their maintenance or for the purpose of new construction. The assistant foreman in the tin mill similarly may be assigned to any point in the tin mill for work on the yards, tracks, and sewers , and in operating departments. We will include the as- sistant track foreman in the steel plant and the assistant foreman in the tin mill in the unit for production and maintenance foremen. We find that supervisors of clerical employees at the Indiana Har- bor Works and South Chicago Works of the Chicago District of the Employer's operations, by whatever title they may be designated, who fall below the rank comparable to superintendents and assistant su- perintendents of production and maintenance departments, including all supervisors in the accounting department who supervise clerical and production-maintenance workers and all supervisors in the pro- duction-shipping department except supervisors 48 principally con- cerned with material-handling workers, but excluding the scale in- spector, the schedule clerk (merchant mill), the provider (hot strip mill), planning supervisor (pipe mill), planning supervisor (hot strip mill), planning foreman (shops department), chief clerk (mechanical maintenance department), all supervisors in the employment, safety, general engineering, construction engineering, industrial relations, 48 These employees are listed on Appendix E 246 DECISIONS OF NATIONAL LABOR RELATIONS BOARD and industrial engineering departments, and all supervisory em- ployees of the rank of department superintendent and assistant de- partment superintendent, constitute a unit appropriate for collective bargaining within the meaning of Section 9 (b) of the Act. We further find that all captains and sergeants in the plant pro- tection departments at the Indiana Harbor Works and South Chicago Works of the Chicago District of the Employer's operations, exclud- ing all supervisory employees above the rank of captain, constitute a unit appropriate for the purposes of collective bargaining within the meaning of Section 9 (b) of the Act. The following employees constitute separate voting groups : (1) All mason foremen, including mason working foremen, em- ployed at the Indiana Harbor Works and South Chicago Works of the Chicago District of the Employer's operations; and (2) All general foremen, assistant general foremen, foremen, turn foremen, assistant foremen, and employees of comparable status by whatever title they may be designated, who supervise production and maintenance employees in the production and general services depart- ments at the Indiana Harbor Works and South Chicago Works of the Chicago District of the Employer's operations, including supervisors in the production-shipping departments principally concerned with material-handling workers '49 the first engineer (power house), head roll turner (bar mill roll shop), assistant labor foremen (steel plant), assistant track foreman (steel plant), assistant foreman (tin plant), but excluding the scale inspector, planning supervisor (pipe mill), planning supervisor (hot strip mill), planning foreman (shops de- partment), electronic engineer, senior test engineer, practice man (blast furnace department, South Chicago Works), straightening foreman, blower (Bessemer department), roller (blooming mill), as- sistant storekeeper (refrigerant maintenance), stock and salvage man (hot strip finishing), mason foremen and mason working foremen, supervisors in the accounting, plant protection, employment, safety, general engineering, construction engineering, industrial relations, and industrial engineering departments, and all employees above the rank of general foremen. DIRECTION OF ELECTIONS As part of the investigation to ascertain representatives for the purposes of collective bargaining with Youngstown Sheet and Tube Company, East Chicago, Indiana, separate 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 Thirteenth Region, acting in "These employees are listed on Appendix E. YOUNGSTOWN SHEET AND TUBE COMPANY 247 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 Regulations-Series 4, among the employees in groups designated below who were employed during the pay-roll pe- riod, immediately preceding the date of this Direction, including em- ployees 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 at the polls, but excluding those employees who have since quit or been discharged for cause and have not been rehired or rein- stated prior to the date of the election : 1. Among clerical supervisors in the unit found appropriate in Sec- tion IV, above, to determine whether or not they desire to be repre- sented by Foreman's Association of America (Chapter 39), for the purposes of collective bargaining; 2. Among plant protection supervisors in the unit found appro- priate in Section IV, above, to determine whether or not they desire to be represented by Foreman's Association of America (Chapter 39), for the purposes of collective bargaining; 3. Among mason foremen in the first voting group described in Section IV, above, to determine whether they desire to be represented by Foreman's Association of America (Chapter 39), or by Brick- layers, Masons, and Plasterer's International Union of America, for the purposes of collective bargaining, or by neither; and 4. Among other foremen in the second voting group described in Section IV, above, to determine whether or not they desire to be repre- sented by Foreman's Association of America (Chapter 39), for the purposes of collective bargaining. MR. JAMES J. REYNOLDS, JR., took no part in the consideration of the above Decision and Direction of Elections. APPENDIX A Position Description ''Title Employer 's Exhibit No. Chief Clerk, Production and Costs_____________________ 73 L. Chief Pay-roll Clerk (Steel Plant) -------------------- 73 J. Chief Pay-roll Clerk, Tin Mill________________________ 73 K. Chief Clerk, South Chicago Works___________________ 74. Chief Clerk, Hot Strip Mill___________________________ 73 C. Chief Clerk, Tin Mill________________________________ 73-B. Chief Clerk, Invoice-Freight------------------------- 73-M. General Chief Clerk, Social Security and Tabulating____ 73 I. 248 DECISIONS OF NATIONAL LABOR RELATIONS BOARD APPENDIX B Position Description Title Employer's Exhibit No. General Chief Clerk, Strip and Tin Plate Division------- 73. Assistant General Chief Clerk , Strip and Tin Plate Division------------------------------------------- 73 A. General Chief Clerk ( Steel Plant) --------------------- 73 D. Chief Clerk , Tube ( Pipe ) Mills- ---------------------- 73 E. General Storekeeper---------------------------------- 73 F. Assistant General Storekeeper------------------------ 73 G. Tin Mill Storekeeper--------------------------------- 73 H. South Chicago Works Storekeeper -------------------- 74 A. APPENDIX C Position Description Title Employer's Exhibit No. Chief Billing Clerk ----------------------------------- 18 H. Shipper, Rolling Mills--------------------------------Â°- 18 C. Shipper, Merchant Mills------------------------------ 18 D. Chief Schedule Clerk, Hot Strip Mill----------------- 19 A. Chief Schedule Clerk, Merchant Mill ------------------ 19. Shipping Clerk, Pipe Mills--------------------------- 19 E. APPENDIX D Position Description Title Employer' s Exhibit No. Shipper (Hot Strip Mill) ---------------------------- 18. Shipper (Pipe Mill) --------------------------------- 18 E. Order Clerk (Tin Mill)-----------------------------. 19 B. APPENDIX E Position Description Title Employer's Exhibit No. Assistant Shipper, Hot Strip Mill-------------------- 18 A. Loading Foreman, Hot Strip Mill-------------------- 18 B. Loading Foreman (General), Pipe Mill--------------- 18 F. Loading Foreman, Pipe Mills------------------------- 18 G. Shipper, Tin Mills----------------------------------- 19 C. Assistant Shipper, Tin Mill ---------------------------- 19 D. YOUNGSTOWN SHEET AND TUBE COMPANY 249 APPENDIX F Ore Docks cC Bridges Title Position Descriptibn South Chicago : Employer's Exhibit No. Dock Foreman----------------------------------- 42. Turn Foreman ----------------------------------- 42 A. Indiana Harbor: Dock Foreman----------------------------------- 41. Turn Foreman----------------------------------- 41 A. By-Product Coke Plant South Chicago : Turn Foreman----------------------------------. 46. Coal Handling Foreman--------------------------. 46 D. Heater Foreman ---------------------------------. 46 C. Turn Battery Foreman ---------------------------. 46 B. By-Product & Benzol Foreman------ --------------. 46 A. Mechanical Foreman------------------------------ 46 E. Indiana Harbor : General Foreman-------------------------------- S. Heater Foreman---------------------------------. 8 D. General Turn Foreman---------------------------. 8 A. Yard Master & Labor Foreman-------------------. 8 F. Coal & Coke Handling Foreman------------------- 8 B. By-Product & Benzol Foreman--------------------. 8 E. Battery Foreman--------------------------------- 8 C. Blast Furnaces South Chicago : General Turn Foreman---------------------------- 56. Stock House and High Line Fireman-------------- 56 A. Furnace Blower---------------------------------. 56 B. Indiana Harbor: General Foreman -------------------------------- 9. Turn Foreman----------------------------------- 9 A. Blower- - ---- --- - ------------------------ 9 C. Stock House and High Line Fireman-------------- 9 D. Foreman ( Sinter Plant ) -------------------------- 9 B. Turn Foreman ( Sinter Plant) -------------------- 9 E. 250 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Bessemer Department Employer ' s Exhibit No. Title Position Description Indiana Harbor: Turn Foreman------------------------ 43. Open Hearth Department Indiana Harbor : General Pit Foreman----------------------------- 10 C. Turn Foreman ----------------------------------- 10 B. Senior Melters -------------- --------------------- 10. Junior Melters----------------------------------- 10 A. Rolling Mill Department Indiana Harbor: Heater Foreman_________________________________ 27. Turn Foreman___________________________________ 27 A. Roller (Billet & Bar ) ----------------------------- 27 B. Turn Foreman (10" Skelp Mill)___________________ 27 D. Roller (10" Skelp Mill)__________________________ 27 E. Labor Foreman__________________________________ 27 F. Merchant Mill Department Indiana Harbor : Tie Plate Foreman_______________________________ 12 G. Tie Plate Turn Foreman__________________________ 12 H. Billet Yard Foreman_____________________________ 12 A. Roller (10" Mill)________________________________ 12 C. Roller (14"-18" Mill) ____________________________ 12 B and 12 F. Finishing End Foreman (General) ---------------- 12. Finishing End Foreman ( Turn ) ___________________ 12 D. Annealing Foreman_________________________ _____ 12 E. Pipe Mill Department Indiana Harbor: Furnace Foreman (L. W.) ------------------------ 16. Floor Foreman (L. W.) --------------------------- 16 A. Turn Foreman (B. W.) --------------------------- 16 B. Floor Foreman (B. W-) -------------------------- 16 C. Foreman (Pick. & Galv.)------------------------- 16 D. Turn Foreman (Cut Pipe) ------------------------ 16 E. Labor Foreman__________________________________ 16 F. YOUNGSTOWN SHEET AND TUBE COMPANY 251 Hot Strip Department Title Position Description Indiana Harbor : Employer 's Exhibit No. Slab Yard Foreman------------------------------ 21 F. Turn Foreman-Rolling-------------------------- 21 D. Roller (Hot Strip)------------------------------- 21 E. General Foreman-Finishing--------------------- 21. Asst. Gen. Foreman-Finishing------------------- 21 A. Turn Foreman-Finishing------------------------ 21 B. Pickier Foreman--------------------------------- 21 C. Cold Strip Department Indiana Harbor : Coil Yard Foreman------------------------------ 23 C. General Foreman (Pickler & Cleaner)------------- 23. Turn Foreman (Pickling)________________________ 23 B. Turn Foreman (Cleaning)________________________ 23 A. Turn Foreman (48" Mill)------------------------ 23 H. Roller (48" Mill) -------------------------------- 23 I. Annealing Foreman------------------------------ 23 D. Turn Foreman (Annealing) ---------------------- 23 E. Shear Foreman---------------------------------- 23 F. Turn Foreman (Shearing)------------------------ 23 G. Tin Plate Finishing Indiana Harbor : General Foreman (Tin House) -------------------- 64. Asst. General Foreman (Tin House) --------------- 64 A. Turn Foreman (Tin House) ---------------------- 64 B. Foreman (Electrolytic) -------------------------- 64 C. Foreman (Assorting & Finishing) ----------------- 66. Asst. Foreman (Assorting & Finishing) ----------- 66 A. Reckoning Foreman (Asstg. & Finishing) ---------- 66 C. Packaging Foreman (Asstg. & Fin.) --------------- 66 D. Salvage Foreman-------------------------------- 68. Black Plate Foreman-----------------------------. 68 A. Chipping Department Indiana Harbor: General Foreman (Steel Slide) -------------------- 20 B. General Foreman (Tin Mills) --------------------- 20. Turn Foreman (Hot Strip) ---------- 20 A. Turn Foreman (Merchant Mills) ------------------ 20 C. Turn Foreman (Billet Dock) ---------------------- 20 D. Turn Foreman (Job Shop) ----------------------- 20 E. 252 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Mechanical Maintenance Department Title Position Description South Chicago : Employer's Exhibit No. Chief Engineer (Blower & Boiler Hse.) -------------- 58. Boiler House Foreman----------------------------- 58 A. Carpenter & Foundry Foreman--------------------- 58 F. Foundry Foreman--------------------------------- 58 G. Shop Foreman (Mach. & Bik. Smith Shop) ----------- 58 B. Mechanical Foreman (General) --------------------- 58 D. Foreman (Pipe Shop) ----------------------------- 58 E. General Labor Foreman---------------------------- 58 C. Indiana Harbor : Maintenance Foreman (Coke Plant) ----------------- 69. Maintenance Foreman (Blast Furnace) -------------- 69 A. Maintenance Foreman (Bess. & 0. H.) --------------- 69 B. Maintenance Foreman (Rolling Mills) --------------- 69 C. Maintenance Foreman (Merchant Mills) ------------- 69 D. Maintenance Foreman (Pipe Mills) ----------------- 69 E. Maintenance Foreman (Hot Strip) ------------------ 71. Maintenance Turn Foreman (Hot Strip) ------------- 71 A. Maintenance Foreman (Cold Strip) ------------ * ----- 7i B. Maintenance Turn Foreman (Cold Strip) ------------ 71 C. Maintenance Shop Foreman (Tin House) ------------ 71 D. Rigger Shop Foreman------------------------------ 69 F. Maintenance Foreman (General) ------------------- 69 G. Electrical Maintenance Department South Chicago: Shop Foreman (Elect. Dept.) ------------ GO. Indiana Harbor : Test Engineer (Gen'l.) ----------------------------- 13 D. Crane Repair Foreman (Steel Plant) ---------------- 13 B. Crane Repair Turn Foreman (Steel Plant) ----------- 13 C. Turn Foreman (Steel & Coke) ------------------- 13 and 13 A. District Foreman (Coke & Blast Furnace) ----------- 13 E. District Foreman (0. H.-Blo. Bil & Bar) ---------- 13 F. District Foreman (Bess. & Mer. Mill) -------------- 13 G. District Foreman (Skelp & Tube) ------------------ 13 H. Power Foreman (Steel & Coke) ------------------- 13 I. Elect. Mtce. Foreman (Steel & Coke) -------------- 13 J. Telephone Engineer (General) -------------------- 13 K. Asst. Const. Foreman (General) ------------------- 13 N. Power Foreman (Tin Mills) ---------------------- 13 M. Power Turn Foreman (Tin Mills) ------------------ 13 P. YOUNGSTOWN SHEET AND TUBE COMPANY 253 Title Posataon Description Indiana Harbor-Continued Employer ' s Exhibit No. Maintenance Foreman (Tin Mills) ------------------ 13 L. Mtce. Turn Foreman ( Tin Mills ) ------------------- 13 0. Foreman ( Blacksmith Shop ( General )) ------------ 51. Foreman ( Blr. & Bdge. Shop General )------------- 51 A. Foreman ( Carp. & Pat. Shop General ) ---- 51 B. Foreman (Pipe Shop General) --------------------- 51 C. Foreman (Motive Power) ------------------------- 53 A. Foreman (Machine Shop General) ----------------- 51 D. Foreman (Nites) (Machine Shop) ---------------- 51 E. Foreman (Electric Shop) ------------------------- 53. Foreman (Machine Shop-Strip & Tin) ----------- 49. Foreman (Nites ) ( Machine Shop ) ----------------- 49 A. Foreman ( Pipe Shop-Strip & Tin ) ----------- ---- 49 D. Foreman ( Boiler & Bridge-Strip & Tin) ---------- 49 E. Foreman (Blacksmith Shop-Strip & Tin) -------- 49 B. Foreman (Carpenter Shop-Strip & Tin) ---------- 49 C. Roll Department Indiana Harbor : Foreman (10" Mill) ------------------------------ 48 A. Foreman (14"-18" Mill & Bar Mill) ---------------- 48. Foreman (Hot Strip Mill) ------------------------- 48 B. Production and Scheduling Indiana Harbor : Asst. Shipper (Hot Strip) ------------------------ 18 A. Shipper (Tin Mills) ------------------------------ 19 C. Asst. Shipper (Tin Mills) ------------ 19 D. Loading Foreman (Hot Strip) --------------------- 18 B. Loading Foreman (Pipe Mills) --------------- 18 F and 18 G. Inspection Department Indiana Harbor: Foreman (Rolling Mills) -------------------------- 26 A. Foreman (Merchant Mills ) ------------------------ 26 B. Turn Foreman (Merchant Mills) ------------------- 26 F. Foreman (Pipe Mills) -------------_ 26. Turn Foreman (Pipe Mills) ----------------------- 26 E. Foreman (Hot Strip)----------------------------. 26 C. Turn Foreman (Hot Strip) ------------------------ 26 G. Foreman (Tin Plate Finishing) -------------------- 26 D. Asst. Foreman (Tin Plate Finishing) --------------. 26 H. 254 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Metallwrgical Department Title Position Description Indiana Harbor : Employer-'s Exhibit No. Metallurgist (Process Control) -------------------- 40. Laboratory Foreman (Steel) -----------__ 40 A. Metallurgist (Tin Plate) -------------------------, 40 E. Laboratory Foreman (Tin Plate) ------------------ 40 G. Metallurgist (Hot & Cold Strip)------------------. 40 B. Mill Metallurgist (Hot & Cold Strip) -------------- 40 C. Laboratory Foreman (Hot & Cold Strip) ----------- 40 A Mill Metallurgist (Tin) -------------------------- 40 F. Chemical Laboratory Department. South Chicago : Plant Chemist-----------------------------------. 36. Asst. Laboratory Foreman------------------------ 37. Indiana Harbor : Laboratory Foreman------------------------------ 34 A. Chemist Foreman (Coke Plant) -------------------- 34. Power Department Indiana Harbor : Chief Engineer----------------------------------- 31 A. Asst. Chief Engineer----------------------------- 31 B. General Foreman (Boiler House) ------------------ 31. Asst. Gen. Foreman (Boiler House) ---------------- 31 C. Turn Foreman (Boiler House) -------------------- 31 D. Labor Department Indiana Harbor : General Foreman (Steel Plant) -------------------- 54. Track Foreman (Steel Plant) --------------------- 54 A. Labor Foreman (Steel Plant) --------------------- 54 B. Labor Foreman (Tin Mill) ------------------------ 54 C. Mason Department Indiana Harbor: Labor Foreman (General) ------------ 24 A. Fuel Engineering Department Indiana Harbor: Shop Foreman----------------------- 32. YOUNGSTOWN SHEET AND TUBE COMPANY 255 Fire Protection-Buildings ce Commissary Title Position Description Indiana Harbor : Employer's Exhibit No. Building Maintenance Foreman-------------------. 29 B. Steward----------------------------------------- 29 A. Asst. Fire Chief---------------------------------- 29. Transportation Department Indiana Harbor : Yard Master ( Steel Plant) ----------. 38. APPENDIX G By-Product Coke Plant Title Position Description Employer's Exhibit No. South Chicago : Millwright Foreman------------------- 47. Bessemer Department , Indiana Harbor : Bottom House Foreman-- ------------ 44. Open Hearth Department Indiana Harbor : Labor Foreman --------------------------------- 11 B. Stock Yard Foreman ---------------------------- 11. Scrap Breaker Foreman----------- --------------- 11 A. Rolling Mill Department Indiana Harbor : Skelp Yard Foreman---------------- 28 A. Pipe Hill Department Indiana Harbor : Floor Foreman (B. W.-Night) ------------------- 17 A. Turn Foreman (Pick. & Galv.) -------------------- 17. Hot Strip Department Indiana Harbor Works : Labor Foreman--------------- 22. 717734-47-vol. 71 1 S 256 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Tin Finishing Department Title Position Description liidiana Harbor : Employer's Exhibit No. Turn Foreman (Electrolytic) --------------------- 65 A. Asst. Foreman (Assorting) ------ 66 B and 67. Unit Foreman ----------------------------------- 65. Supply Foreman--------------------------------- 65 B. Shear Foreman---------------------------------- 67 A. Mechanical Maintenance Department South Chicago: Iron Worker Foreman--------------------------- 59 B. Mechanical Foreman (B. F.) ---------------------- 59 D. Track Foreman---------------------------------- 59 A. Labor Foreman__________________________________ 59. Indiana Harbor: Asst.' Maint. Foreman (Coke Plant) --------------- 70. Asst. Maint. Foreman (Bess. & 0. H.) ------------- 70 A. Asst. Maint. Foreman (Merchant Mills) ------------ - (0 C. Asst. Maint. Foreman (Pipe Mills) ---------------- 70 D. Assistant Foreman (Rigger Shop) ----------------- 70 E. Maint. Shop Foreman (Asst.) Tin House----------. 72. Electrical Maintenance Department South Chicago : Chief Motor Inspector---------------------------- 61. Shop Foreman (Junior) --------------------------- 61 A. Shops Department Indiana Harbor : Iron Worker Foreman---------------------------- 52 B. Car Repair Foreman----------------------------- 52. Asst. Foreman Boiler & Bridge) ------- 52 A. Asst. Foreman (Pattern) -------------------------- 52 D. Foreman (Coke Plant-Pipe) ----------------------- 52 E. Asst. Foreman (Pipe Shop) ----------------------- 52 D. Heat Treating Foreman--------------------------- 52 I. Asst. Foreman (Machine Shop) (Days) ------------ 52 F and 52 G. Tool Room Foreman------------------------------ 52 H. Asst. Foreman (Tin Mill Mach. Shop) (Days) ------ 50 B. Asst. Foreman (Tin Mill Pipe Shop) --------------- 50. Asst. Foreman (Tin Mill Boiler & Bridge) ---------- 50 A. Engine Foreman--------------------------------- (None). Garage Leader----------------------------------- (None). YOUNGSTOWN SHEET AND TUBE COMPANY 257 Production and Scheduling Department Position Description Title Employer 's Exhibit No. South Chicago : Iron Yard Foreman___________________ 63. Chemical Laboratory Department Indiana Harbor: Turn Foreman (Steel Plant)__________ 35. Mason Department Indiana Harbor: Labor Foreman (Turn) --------------- 25. Transportation Department Indiana Harbor: Yard Master (Tin Mill)______________ 39.