United States Gypsum Company, Employer And United Cement, Lime And Gypsum Workers, Local Union No. 82, Afl, Petitioner, 849 (1948)

In the Matter of UNITED STATES GYPSUM COMPANY, EMPLOYER and UNITED CEMENT, LIME AND GYPSUM WORKERS, LOCAL UNION NO.

82, AFL, PETITIONER Case No. 16-RC-61.-Decided July 30, 1948 DECISION AND DIRECTION OF ELECTION Upon a petition duly filed, a hearing was held before a hearing officer of the National Labor Relations Board. The hearing officer's rulings made at the hearing are free from prejudicial error and are hereby affirmed.

Pursuant to the provisions of Section 3 (b) of the National Labor Relations Act, the Board has delegated its powers in connection with this case to a three-man panel consisting of Chairman Herzog and Members Murdock and Gray.

Upon the entire record in this case,2 the Board finds:

1. The Employer is engaged in commerce within the meaning of the National Labor Relations Act.

2. The labor organization named below claims to represent employees of the Employer.

3. A question affecting commerce exists concerning the representation of employees of the Employer, within the meaning of Section 9 (c) (1) and Section 2 (6) and (7) of the Act.

4. The appropriate unit:

The Petitioner seeks a unit composed of all production and maintenance employees at the Employer's Sweetwater, Texas, plant and quarry, excluding clerical and professional employees, the chief chemist, guards, and all supervisors as defined in the Act. The parties are in general agreement as to the composition of the unit. The Petitioner, however, would include, and the Employer exclude, testers, inspectors, head mechanics, and head loaders.

1 The petition was filed by United Cement, Lime and Gypsum Workers, AFL, an international union. At the hearing, the petition was amended to substitute Local No. 82, which had previously not been in compliance with Section 9 (f), (g), and (h) of the Act, but which was in compliance at the time of the hearing.

2 The Petitioner's request for oral argument is denied, as the record and the briefs, in our opinion, adequately present the issues and the positions of the parties.

Testers: There are seven testers who perform tests on raw materials and finished products. They work in their own laboratories under the direction of the quality supervisor. The record indicates that the line of advancement for testers is from the laboratories into supervisory positions in other departments in the plant. In view of the technical nature of their work, the lack of interchange between them and employees engaged in production, and the fact that they...