Aluminum Co. of AmericaDownload PDFNational Labor Relations Board - Board DecisionsFeb 3, 194454 N.L.R.B. 1043 (N.L.R.B. 1944) Copy Citation In the Matter of ALUMINUM COMPANY OF AMERICA , CHICAGO WORKS and DISTRICT 8, INTERNATIONAL ASSOCIATION OF MACHINISTS In the Matter of ALUMINUM COMPANY OF AMERICA , CHICAGO WORSE- and INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL- No. B-134, A. F. OF L. In the Matter of ALUMINUM COMPANY OF AMERICA , CHICAGO WORKS- and INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL B-713 , A. F. OF L. In the Matter of ALUMINUM COMPANY OF AMERICA, CHICAGO WORKS and THE PIPEFITTERS ASSOCIATION , LOCAL UNION 597, UNITED Asso- CIATION OF JOURNEYMEN PLUMBERS AND STEAMFITTERS , A. F. OF L. In the Matter of ALUMINUM COMPANY OF AMERICA , CHICAGO WORKS and INTERNATIONAL UNION , ALUMINUM WORKERS OF AMERICA, LOCAL 42, C. 1. 0. Cases Nos. 13-R-1930, 13-R-0012, 13-R-2026, 13-R-2047, and 13 R-2133, respectively.Decided February 3, 1944 Mr. Harry S. Flynn, of Pittsburgh, Pa., Mr. J. L. Patterson and' Mr. Malcolm H. Freeman, of Brookfield, Ill., for the Company. Messrs. P. L. Siemiller and F. M. McAuliffe, of Chicago, Ill., for the Machinists. Messrs. Emory J. Smith and Tom J. Murray, of Chicago, Ill., for Local B-134. Messrs. Emory J.• Smith and William Taylor, of Chicago, Ill., for Local B-713. Messrs. Emory J. Smith, Earl Oliver and M. J. Sexton, of Chicago,. Ill., for the Carpenters. Mr. Daniel D. Carmell, by Messrs. Leo Segall and John F. Hogan, of Chicago, Ill., for the Pipefitters. Messrs. James Dickerson and Harry D. Williams, of Chicago, Ill., for the C. 1. 0. Mr. Joseph L. Ozanic, of Brookfield, Ill., Messrs. Harry E. O'Rielly, and Patrick J. Gallagher, of Chicago, Ill., for the A. F. L. Mr. Charles W. Schneider, of counsel to the Board. 54 N. L . R. B., No. 154. 1043- 1044 DECISIONS OF NATIONAL LABOR RELATIONS BOARD DECISION DIRECTION OF ELECTIONS AND ORDER STATEMENT OF THE CASE Upon petitions duly filed by District 8, International Association of Machinists, herein called the Machinists; International Brotherhood of Electrical Workers, Local No. B-134, A. F. L., herein called Local B-134; International Brotherhood of Electrical Workers, Local B- 713, A. F. L., herein called Local B-713; The Pipefitters Association, Local Union 597, United Association of Journeymen Plumbers and Steamfitters, A. F. L.,1 herein called the Pipefitters; and Interna- tional Union, Aluminum Workers of America, Local 42, C. I. O., herein called the C. I. 0., alleging that questions affecting commerce had arisen concerning the representation of employees of Aluminum Company of America, Chicago Works, herein called the Company, the National Labor Relations Board consolidated the cases and pro-, vided for an appropriate hearing upon due notice before Earl S. Bell- man, Trial Examiner. Said hearing was held at Chicago, Illinois, on December 13, 14, and • 15, 1943. The Company, the Machinists, Local B-134, Local B-713, the Pipefitters, the C. I. 0., International Council of Aluminum Workers, affiliated with the American Federa- tion of Labor, herein called the A. F. L., and Chicago District Coun- cil, United Brotherhood of Carpenters and Joiners of America, herein called the Carpenters, appeared, participated, and were afforded full opportunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues. The Trial Examiner's rulings made at the hearing are free from prejudicial error and are hereby affirmed. All parties were afforded opportunity to file briefs with the Board. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT 1. THE BUSINESS OF THE COMPANY Aluminum Company of America is a Pennsylvania corporation engaged in the production, of aluminum and aluminum products. The Company operates approximately 40 plants, located in 17 differ- ent states of the United States. The present proceedings involve only the Chicago Works of the Company. 'As amended at the hearing. ALUMINUM COMPANY OF AMERICA 1045 The Chicago Works, which is located at Brookfield, Illinois, is one of 11 plants comprising the Company's fabricating division. It is a rolling mill devoted solely to the production of aluminum sheet and plate. The Chicago Works is owned by Defense Plant Corporation, a subsidiary of the Reconstruction Finance Corporation. The plant is operated by the Company under lease from Defense Plant Corporation. The Chicago Works uses annually raw materials valued in excess of 5 million dollars, 90 percent of which is secured from sources out- side the State of Illinois. It produces annually finished products valued in excess of 10 million dollars, approximately 75 percent of which is shipped to points outside the State of Illinois. The Company concedes that it is engaged in commerce within the meaning of the National Labor Relations Act. II. THE ORGANIZATIONS INVOLVED District 8, International Association of Machinists, International Brotherhood of Electrical Workers, Locals Nos. B-134 and B-713, The Pipefitters Association, Local Union 597, United Association of Journeymen Plumbers and Steamfitters, Chicago District Council, United Brotherhood of Carpenters and Joiners of America, and In- ternational Council of Aluminum Workers, are all labor organiza- tions affiliated with the American Federation of Labor, and admitting to membership employees of the Company. International Union, Aluminum Workers of America, Local 42, C. I. 0., is a labor organization affiliated with the Congress of Indus- trial Organizations, admitting to membership employees of the Company. III. THE QUESTIONS CONCERNING REPRESENTATION On various dates in July and August, 1943, the Machinists, Local B-134, Local B-713, and the Pipefitters requested recognition from the Company in the units presently urged by those organizations to be appropriate. The Company, in substance, referred each of the or- ganizations to the Board. The Carpenters, the A. F. L., and the C. 1. 0. did not formally request recognition. However, the Company stated at the hearing that its policy was not to recognize any labor organization until certified by the Board, and further stated that had requests been made by the Carpenters, the A. F. of L., and the C. I. 0., they would have been referred to the Board. Statements of the Regional Director and the Trial Examiner, in- troduced at the hearing, indicate that each of the petitioning organ- 1046 DECISIONS OF NATIONAL LABOR RELATIONS BOARD izations and the Carpenters represents a substantial number of em- ployees in the unit which each contends is appropriate.2 We find that questions affecting commerce have arisen concerning the representation of employees of the Company, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the Act. IV. THE APPROPRIATE UNIT; THE DETERMINATION OF REPRESENTATIVES The positions of the various parties with respect to the appropriate unit or units may be summarized substantially as follows : The Com- pany and the C. I. 0. contend that there should be one appropriate unit-plant-wide in scope. The A. F. L. seeks a plant-wide unit exclu- sive of the groups sought by the A. F. L. craft unions. The employees in the groups sought by the crafts are classified as maintenance. The Machinists requests a unit of machine-shop, forge-shop, and roll-grind room employees; Local B-134 a unit of electrical workers; Local B-713 a unit of electric truck and electric crane operators; the Pipefitters a unit of pipefitters, helpers, and pipefitter laborers; the Carpenters a unit of millwrights. or mill mechanics and carpenters. In addition, there is dispute as to certain categories of employees whom the Com- pany and the C. I. 0. would exclude as supervisors, but whom most of the other parties would include. ' The plant is a rolling mill producing only aluminum sheet and plate. Production flows in a continuous process, to which the main- tenance employees contribute directly. An interruption of operations in any department would eventually result in the cessation of all pro- duction 'operations. The plant having been opened only within the' past year, there is no history of collective bargaining at the Chicago Works. However, in other plants of the Company similarly engaged, bargaining has been almost uniformly on an industrial basis. The integrated nature of operations at this plant and the history of bar- 2 The statements disclose that all the labor organizations submitted evidence of repre- sentation in the form of signed applications for membership or designations of bargaining agency. The cards bore apparently genuine original signatures , and most bore dates in the latter part of 1943 The showing made by the cards may be summarized as follows : Labor organization No of cardssubmitted No. of names on cards found on pay roll No. of em- ployees in unit No. of C.I O.des- ignations in such unit Machinists-------- ------------------------------ 95 70 101 LocalB-134---------------------- ------------ 74 65 107 Local B-713---- ----------------- -------------- 83 52 124 Pipefitters -------------------------------------- 31 15 20 Carpenters ------------------------------------- 81 63 96 A F L----------------------------------------- 110 50 1,081 ,C 1 0--------------- --------------------------- 719 502 1, 576 None 4 52 None 13 ------------ ------------ ALUMINUM COMPANY OF AMERICA 1047 gaining at the other plants indicate the feasibility of the plant-wide unit urged by the Company and the C. 1. 0. On the other hand, detailed evidence in the record indicates the propriety of the bargaining units sought by the Machinists, the Pipe-, fitters, Local B-134, and the Carpenters. Without discussing the evi- dence in detail, these considerations may be 'summarized as follows : The employment of craft skills commonly associated with the interests of the respective organizations, and substantial homogeneity within each group with respect to departmental or craft association, supervi- sion , place of work, headquarters, working conditions, or type of work performed . In addition, those unions have demonstrated a substan- tial interest in the groups which they seek, while the C. I. O. has shown little or none therein, with the exception of the Carpenters unit.3 Under the circumstances , we are of the opinion that the employees in the units sought by the Machinists, Local B-134, the Pipefitters, and the Carpenters, could function effectively either as part of a plant- wide bargaining unit, or as separate units. However, we discern no similar considerations applicable with respect to the unit sought by Local B-713. The electric truck and electric crane operators are engaged in moving material in various parts of the plant as it proceeds through successive stages of fabrica- tion. They possess no electrical or mechanical skill beyond a certain facility in the maneuvering of their vehicles. They do not repair or maintain their equipment. They are assigned on a substantially per- manent basis to specific production areas, and although nominally under the jurisdiction of maintenance department supervisors, receive their working instructions from production supervisors in the areas where they are stationed. Unlike the employees in the remainder of the units requested by the craft unions, their working conditions and rates of pay are similar to those of the production employees. Under such circumstances, we perceive no persuasive factors warranting the separation of the electric truck and electric crane operators from the production employees, and are of the opinion that their interests will be best served by including them within the industrial unit. We shall, therefore, dismiss the petition of Local B-713. Supervisors: Certain of the A. F. L. affiliates request the inclusion in the units of foremen, assistant foremen, subforemen, working fore- men, and crew leaders. The evidence discloses that these employees are supervisors with authority to make recommendations respecting changes in status of employees under them. In view of their author- ity, foremen, assistant foremen, subforemen, working foremen, and a Although the Company and the C. I. O. urged particularly that there is no community of interest between carpenters and the so-called millwrights or mill mechanics, who are included in the unit requested by the Carpenters, we are persuaded, upon the peculiar facts here present, that those employees may'appropriately be included in such a unit. 1048 DECISIONS OF NATIONAL LABOR RELATIONS BOARD crew leaders will be excluded, as supervisors, from the voting groups hereinafter designated. There is also a category of employees known as leadmen. These men work along with, and direct, a small crew .of employees. They have no authority to affect the status of employees under them, or to make recommendations respecting their tenure. All parties agreed to the inclusion of leadmen. Since they exercise no supervisory au- - thority, we shall include them in the voting groups. We shall make no final determination at this time with respect to the appropriate unit or units. However, in accordance with the fore- going, we shall direct that separate elections by secret ballot be held among the employees in each of the voting groups set forth below, who were employed during the pay-roll period immediately preceding the date of the Direction of Election herein, excluding supervisory employees with authority to hire, promote, discharge, discipline, or otherwise effect changes in the status of employees, or effectively rec- ommend such action, and subject to the limitations and additions set forth in the Direction : 4 (1) All machine-shop, forge-shop, and roll-grind room employees classified as follows : first and second class electricians, first and second machinists, first and second shop repairmen, welders, shop helpers, shop laborers, and toolroom attendants, to determine whether, they desire to be represented by the Machinists, by the C. I. 0., or by neither ; (2) All employees of the electrical and pyrometric departments classified as follows : first and second class electricians, first and second class repairmen, helpers, and laborers, to determine whether they de- sire to be represented by Local B-134, by the C. I. 0., or by neither; (3) First and second class maintenance pipefitters, including main- tenance men in the pump houses, first and second class repairmen,, helpers, and laborers, to determine whether they desire to be repre- sented by the Pipefitters, by the C. I. 0., or by neither; (4) Carpenters, carpenter maintenance men, first and second class mill mechanics, first and second class mill repairmen , and maintenance helpers, to determine whether they desire to be represented by the Carpenters, by the C. 1. 0., or by neither; (5) All remaining production and maintenance employees of the Company, including timekeepers, dispatchers , scale clerks , receiving clerks, janitors, and leadmen, but excluding general office clerical em- 4 Most of the labor organizations did not state their unit contentions in terms of the Company's pay roll classifications . In our description of the voting groups we have adopted the pay-roll classifications as given by the Company at the hearing ., However , there is no difference , other than of terminology , between the voting groups as we have described them and the unit contentions of the A. F. L. unions, except that, as has been indicated heretofore, we have excluded certain supervisory categories whom some of the unions would have included. ALUMINUM COMPANY OF, AMERICA 1049 ployees, administrative employees, plant guards, and technical and laboratory employees,5 to determine whether they desire to be repre- sented by the C. I. 0., the A. F. L., or by, neither. DIRECTION OF ELECTIONS By virtue of and pursuant to the power vested in the National Labor Relations Board by Section 9 (c) of the National Labor Relations Act, and pursuant to Article III, Section 9, of National Labor Relations Board Rules and Regulations-Series 3, it is hereby Dn ECTED that, as part of the investigation to ascertain representa- tives for the purposes of collective bargaining with Aluminum Com- pany of America, Chicago Works, Brookfield, Illinois, elections by secret ballot shall be conducted as early as possible, but not later than thirty (30) days from the date of this Direction of Elections, under the direction and supervision of the Regional Director for the Thir- teenth Region, acting in this matter as agent for the National Labor Relations Board, and subject to Article III, Sections 10 and 11, of said Rules and Regulations, among the groups of gmployees described in Section IV, above, who were employed by the Company during the pay-roll period immediately preceding the date of this Direction, including employees who did not work during said pay-roll period because they were ill,or on vacation or temporarily laid off, and in- cluding employees in the armed forces of the United States who 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 reinstated prior to the date of the elections, to determine whether : (1) The employees in the Machinists' group desire to be represented by District 8, International Association of Machinists, A. F. L., or by International Union, Aluminum Workers of America, Local 42, C. I. 0., for the purposes of collective bargaining, or by neither; (2) The employees in the Electricians' group desire to be repre- sented by International Brotherhood of Electrical Workers, Local No. B-134, A. F. L., or by International Union, Aluminum Workers of America, Local 42, C. I. 0., for the purposes of collective bargaining, or by neither; (3) The employees in the Pipefitters' group desire to be repre- -sented by the Pipefitters Association, Local Union 597, United Asso- ciation of Journeymen Plumbers and Steamfitters, A. F. L., or by International Union, Aluminum Workers of America, Local 42, C. I. 0., for the purposes of collective bargaining, or by neither; (4) The employees in the Carpenters' group desire to be repre- sented by Chicago District Council, United Brotherhood of Carpen- 5 The Company, the C . I. 0., and the A. F. L. agreed that the above inclusions and exclu- sions were appropriate. 1050 DECISIONS OF NATIONAL LABOR RELATIONS BOARD0 ters and Joiners of America, A. F. L., of by International Union, Aluminum Workers of America, Local 42, C. I. 0., for the purposes of collective bargaining, or by neither; (5) The employees in the residual group desire to be represented by International Union, Aluminum Workers of America, Local 42, C. I. 0., or by International Council of Aluminum Workers, Al. F. L., for the purposes of collective bargaining, or by neither. ORDER Upon the basis of the foregoing findings of fact, the National Labor Relations Board hereby orders that the petition for investigation and certification of representatives of employees of Aluminum Company of America, Chicago Works, filed by International Brotherhood of, Electrical Workers, Local B-713, be, and it hereby is, dismissed. Copy with citationCopy as parenthetical citation