Johns-Manville Products Corp.

National Labor Relations Board - Board Decisions

Mar 19, 1952

98 N.L.R.B. 748 (N.L.R.B. 1952)

7 48 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
as defined in the Act: (a) All technicians in the Employer's research
.laboratory at Hammond, Indiana, and (b) all chemists, in the Em-
ployer's research laboratory at Hammond, Indiana.
The employees in the professional voting group (b) will be asked
two questions, on their ballot : 7 (1) Do, you' desire to be included with
the technicians in a unit composed of all chemists and technicians in
the Employer's research laboratory at Hammond, Indiana, for the
purpose of collective bargaining? (2) Do you desire to be repre-
sented by the Oil Workers International Union, CIO? If a majority
of the professional employees in voting group (b) vote "Yes" to the
first question, indicating their desire to be included in a unit with the
nonprofessional employees, they will be so included. Their'votes on
the second question will then be counted together with the votes of the
nonprofessional voting group (a) to, decide the representative for the
whole research 'unit, and if a majority of the employees in. voting
groups (a) and (b) together select the Petitioner, the Regional Dime-
tor' conducting the elections directed herein is instructed to issue a
certification of representatives to the Petitioner for a unit of tech-
nicians and chemists which the Board under such circumstances finds
to be appropriate for the purposes of collective bargaining. If, on
the other hand, a majority of the professional employees in voting
group (b) vote against inclusion in a unit with technicians, they will
not be included with the nonprofessional employees. In that event
the. votes in voting groups (a) and (b) will be counted separately to
determine whether or not the Union will represent the employees in-
volved in separate units. The Regional Director conducting the
election directed herein is instructed to issue a certification of repre-
sentatives to the Petitioner for such of these two units in which a
majority of the employees select the Petitioner, which separate units
the Board, in these circumstances, finds to be appropriate for the
purposes. of collective bargaining.
[Text of Direction of Elections omitted from publication in this
volume.]
- 7 See Sonotone Corporations 90 NLRB 1236.
JOHNS-MANVILLE PimODUCTS CORPORATION and INTERNATIONAL Asso-
CIATION OF MACHINISTS, AFL, L DOE No. 855 , PETITIONER. Cases
Nos. 15-RC-628, 15--RC-29, 15-RC-630, 15-RC-681, and 15-RC-
632. March 19,19510
Decision and Direction of Elections
Upon separate petitions duly filed, a consolidated hearing was
held before Victor H. Hess, Jr., hearing officer. The hearing officer's
98 NLRB No. 111.
JOHNS-MANVILLE PRODUCTS CORPORATION 749
rulings46ade a't-Vlie-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-member panel [Chairman Herzog and Members
Houston and Murdock].
Upon the entire record in this case, the Board finds :
1. The Employer is engaged in commerce within the meaning of the
National Labor Relations Act.
2. The labor,organizations named below claim to represent em-
ployees of,the Employer.
3. A question affecting commerce exists concerning the representa-
tion of certain employees of the Employer, within the meaning of
Section 9 (c) and Section 2 (6) and (7) of the Act.
4. The Petitioner seeks to sever five craft groups from the existing
production and maintenance unit at the Employer's Natchez, Missis-
sippi, plant,' presently represented by International Woodworkers of
America, CIO, Local No. 440, herein- called the Intervenor. The
Intervenor contends that the requested units are inappropriate be-
cause the employees in each such unit are not craftsmen and because
the Employer's operations are so integrated as to preclude severance
of craft units. The Employer is neutral.
The Employer is engaged in the manufacture of insulating board
and allied„ products from . wood pulp. , The primary operation of the
plant involves the conversion of wood logs into insulating board by
a continuous production process. The wood is ground into pulp,
blended, dried, and cut into various size boards. The boards are
painted or impregnated with asphalt or left natural. Except for this
finishing operation, the plant operates continuously on a three-shift
basis for a number of days, after which it is shut down for repair
and cleanup. The repair work is done primarily by the erection and
repair department (also known as the E and R department), which
does no production work.
We believe that the operations herein, unlike those in the basic
steel and certain other industries,2 are not so integrated as to preclude
craft severance. On the contrary, we find that these operations are
similar to those in the pulp and paper industry ,3 and do not present
the kind of integration that precludes severance.4
i This unit was found appropriate in Johns-Manville Products Corporation , 80 NLRB 602.
' Seb National Tube Company , 76 NLRB 1199 ; The Permanente Metals Corporation, 89
NLRB 804; Weyerhauser Lumber Company , 87 NLRB 1076.
' Similar type of machinery is used in both operations for conversion of pulp into finished
products.
* For example , National Container Corporation of Wisconsin , 97 NLRB 1009, and
cases cited therein. See also Armstrong Cork Company, 80 NLRB 1328, where we estap-
liahed a-nitilticraft unit in an insulation board plant whose operations , the record indicates,
are substantially the same as those herein.
750 DECISIONS OF NATIONAL I;ABOR'RELATIONS BOARD
Of the approximately` 267 production' and maintenance employees,
a8 are assigned to the E and R department, which performs the
uaintenance and repair work for the entire plant. The employees
requested by the Petitioner' are all assigned to the E and R department,
under the general charge of the plant engineer and under the-immediate
supervision of the master mechanic and the chief electrician.' Within
each craft they are classified as leader, round robin,6 "A", "B", "•C",
helper, and beginner.. While there is no formal apprenticeship pro-
gram, the Employer trains its E and R employees on the job,'taking
production employees for the lower classifications and having them
work their way up. It takes approximately 21/2 to 3years for a be-
-ginner or "C" classification employee to work up to "A" classification.
There is no general interchange between E and R and production
employees, although occasional transfers are permitted to employees
with'proper seniority and qualifications, if vacancies exist. The E and
It employees receive rates of pay higher than those of the production
employees.
Case No. 15-RC-628 (machinists) : The Employer has nine em-
ployees in this group requested by the Petitioner, including four
.machinists, two- garage mechanics, two tool maintenance mechanics,
sand a storeroom attendant. The machinists and tool maintenance
mechanics must be able to perform highly skilled all-around bench
:and machine work at close tolerances, read and understand drawings,
sharpen cutting tools, and handle machines customarily used by
machinists. However, the garage mechanics merely perform the
.typical functions of their classification, except that they do not even
'perform all the automotive repair 'work. As - for the storeroom
attendant, he distributes tools and supplies not only to these
.employees but also to other E and R and even production employees,
and is under the separate supervision of the storeroom foreman.
Case No. 15-RC-629 (millwrights) : There are 22 employees in the
millwright group, including 1 oiler and 1 beginner. The millwrights
must be able to set up and dismantle machinery, read and work from
'drawings, perform general construction work in wood, steel, and
'concrete, and do welding. The oiler, besides maintaining proper oil
in the machinery in the plant, spends 90 percent of his'time as a helper
to the round -robin millwrights in their mechanical work. The
beginner assists the millwrights in their duties.
e There are approximately. 13 other employees in' the E and R department whom the
(Petitioner Is not seeking. They are truck drivers and laborers,in the • yard crew, and
firemen.
d The round robin classification is equivalent to that of "A", except that they, unlike
the other E and R employees, work late shifts. The round robins are only in the millwright
and electrician categories.
-'JOHNS-MANVILLE PRODUCTS CORPORATION 751
Case No. 15-RC-630 (pipefitters) ': There are four employees sought
,by the Petitioner in this group, three pipefitters and a tinsmith or
sheetmetal worker. The pipefitters mustbe skilled in the installation
,and repair of steam, water, and air pipes, must be able to read and work
--from drawings, and must know pipe coverings and metals'and plumb-
ing fixtures.? The tinsmith must be able to construct all types of
duets and heating and ventilating systems, work from complex draw-
ings, and rivet and solder sheet metals. The record indicates that the
tinsmith in the performance of his duties works with all the other
' crafts and not primarily with any one craft.
Case No. 15-RC-631 (electricians) : The Petitioner seeks a unit of
the seven electricians. The electricians must be able to install, oper-
ate; and maintain all types of AC and DC electrical equipment,'must
have a knowledge of refrigeration' and other equipment, must be able
to prepare schematics of electrical systems and to repair machines, and
must know the electrical nodes.
Case No. 15-RC-632 (painters) : The Petitioner seeks =a, combined
unit of painters and carpenters. The painters prepare all types of
paints and surfaces to be painted, use a brush-and spray gun; put up
scaffolding and rigging, do lettering and numbering like a sign
-painter, and fix windows.. At present, there is only one carpenter, who
must be able to handle and set up all woodworking machinery, have
a knowledge of all types of carpentry, work with close tolerances, and
read and work from blueprints. However, the record indicates that
'the carpenter, like the tinsmith, does not work primarily with any one
other craft.
We are of the opinion, contrary to the Intervenor, that the employ-
ees requested by the Petitioner are, generally speaking, craftsmen,
and may, if they so desire, constitute separate craft units, despite a
history of collective bargaining on a broader basis."
However, we shall exclude ' from the machinists' unit the garage
'mechanics and the'storeroom attendant, because they lack any special
-community of interest with the machinists sufficient to warrant their
inclusion in the unit .9 Further, the garage mechanics do not consti-
a The record indicates that a pipefitter works, on occasion, as a relief man in the
pbilerhohse. Such work is clearly not' within the scope of the requested unit, but comes
within the existing production and maintenance unit
8 See Armstrong Cork Company, 97 NLRB 1057 (electricians, sheet metal workers,
carfienters, millwrights, pipefitters, machinists) ; National Container Corporation of Wis-
consin, supra (pipefitters, electricians, painters, millwrights, machinists) ; Crown Zeller-
bach Corporation, 96 NLRB 378 (machinists, painters, pipefitters, and millwrights) ;
International Paper Company, 94 NLRB 483 (millwrights, machinists, tinsmiths). Cf.
Johns-Manville Products Corp., 80 NLRB 602, where we found that these employees together
constituted a multigrouping which was not an appropriate single unit.
D International Paper Company, supra; National Container Corporation- of Wisconsin,
supra. .
752 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
tute a true craft group entitled to separate - representation." As for
the tinsmith and the carpenter, we are precluded from establishing
separate craft units for them because there is only one employee in
each craft." Moreover , as each works with various other craftsmen
in the E and R department whenever required by the job, he does not
appear to have associations and interests with any other single craft
sufficient to warrant inclusion therein.2 Accordingly, all these em-
ployees will continue to remain a part of the production and mainte-
nance unit represented by the Intervenor.
In view of the foregoing, we shall clct- separate elections among
the Employer's employees at its Natchez, Mississippi, plant, in the
voting groups set forth below, including employees in the leader,
round robin, "A", "B", "C", helper, and beginner classifications, but
excluding all other employees and supervisors as defined in the Act :
(1) All machinists and tool maintenance mechanics, excluding
garage mechanics and storeroom attendant.
(2)- All millwrights (including oilers).
(3) All pipefitters.
(4) All electricians.
(5) All painters.
If a majority of the employees in any of the voting groups indicate,
by voting for the Petitioner, their desire to be represented in a separate
unit, the Board finds such unit to be appropriate and the Regional
Director conducting the elections-directed herein is instructed, in-that
event, to issue a certification of representatives to the Petitioner for
each such unit. If a majority of the employees in each of the voting
groups vote for the Intervenor, the Board finds the presently existing
production and maintenance unit to be appropriate in that event, and
the Regional Director shall issue a certificate of results of elections
to that effect. If a majority of the employees in some, but not all, of
the voting groups vote for the Intervenor, the Board finds all the
employees in the groups so voting to be appropriately included in the
residual production and maintenance unit in that event, and the Re-
gional Director shall issue a certificate of results of elections to that
effect.
[Text of Direction of Elections omitted from publication in this
volume.]
10 National Container Corporation of Wisconsin , supra.
u See Robertshaw-Fulton Controls Company, 88 NLRB 1508, 1510.
12 National Container Corporation of Wisconsin, supra; cf. Robertshaw -Fulton Controls
Company, supra.