Kentucky Synthetic Rubber Corp.

National Labor Relations Board - Board Decisions

Jul 23, 1951

95 N.L.R.B. 453 (N.L.R.B. 1951)

KENTUCKY SYNTHETIC RUBBER CORPORATION 453
4 By entering into, being a party to, and participating in the enforcement of
an agreement, arrangement, or "understanding," which required the Respondent
Company to discriminate in favor of its members, thereby attempting to cause
the Respondent Company to discriminate against employees and prospective
-employees and to encourage membership in the Respondent Unions in violation
of Section 8 (a) (3) of the Act, the Respondent Unions have engaged in and
are engaging in unfair labor practices within the meaning of Section 8 (b) (1)
(A) and 8 (b) (2) of the Act.
5. By discriminating with respect to the hire and tenure of employment of
Stewait Leroy Lightfoot, and thereby encouraging membership in Respondent
Unions, the Respondent Company has engaged in and is engaging in unfair labor
practices within the meaning of Section 8 (a) (3) and 8 (a) (1) of the Act.
6. By interfering with, restraining, and coercing the employees in the exer-
cise of the rights guaranteed in Section 7 of the Act, Respondent Company has
engaged in and is engaging in unfair labor practices within the meaning of
Section 8 (a) (1) of the Act.
7. By causing the Respondent Company to discriminate in regard to the hire
and tenure of employment of Stewart Leroy Lightfoot in violation of Section
8 (a) (3) of the Act, the Respondent Unions have engaged in and are engaging
in unfair labor practices within the meaning of Section 8 (b) (2) of the Act.
8. By restraining and coercing employees of Respondent Company in the exer-
cise of the rights guaranteed by Section 7 of the Act, Respondent Unions have
engaged in and are engaging in unfair labor practices within the meaning of Sec-
tion 8 (b) (1) (A) of the Act.
The aforesaid unfair labor practices are unfair labor practices affecting com-
merce within the meaning of Section 2 (6) and (7) of the Act.
[Recommended Order omitted from publication in this volume.]
KENTUCKY SYNTHETIC RUBBER CORPORATION and DTSTILLERY , RECTI-
FYING AND WINE WORKERS ' INTERNATIONAL UNION OF AMERICA,
AFL; PIPE FITTERS LOCAL UNION # 522, UNITED ASSOCIATION OF
JOURNEYMAN AND APPRENTICES OF THE PLUMBING AND PIPE FITTING
INDUSTRY OF THE UNITED STATES AND CANADA, AFL ; GENERAL
DRIVERS, WAREHOUSEMEN AND HELPERS LOCAL UNION #89, INTER-
NATIONAL BROTHERHOOD OF TEAMSTERS , CHAUFFEURS , WAREHOUSE-
MEN AND HELPERS OF AMERICA, AFL; UNITED RUBBER, CORK,
LINOLEUM AND PLASTIC WORKERS OF AMERICA , CIO; LODGE #681,
INTERNATIONAL ASSOCIATION OF MACHINISTS ; PAINTERS LOCAL # 118,
PAINTERS , DECORATORS AND PAPERHANGERS OF AMERICA , AFL; AND
FALLS CITIES CARPENTERS DISTRICT COUNCIL, THE UNITED BROTHER-
HOOD OF CARPENTERS AND JOINERS OF AMERICA , AFL, PETITIONERS.
Cases Nos. 9-RC-1120, 9-RC-1121, 9-RC-1131, 9-RC-1167, 9-RC-
1170,9-RC-1173, and 9-RC-1186. July 33, 1951
Decision , Order, and Direction of Elections
Upon separate petitions duly filed, a consolidated hearing was held
before Joseph A. Butler, hearing officer. The hearing officer's rulings
95 NLRB No. 55.
454 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
made at the hearing are free from prejudicial error and are hereby
affirmed. .
Pursuant to the provision of Section 3 (b) of the Act, the Board
has delegated its powers in connection with this case to a three-member
panel [Chairman Herzog and Members Reynolds. and Murdock].
Upon the entire record in this case, the Board finds :
1. The Employer is engaged in commerce with the meaning of the
Act.
2. The labor organizations involved 1 claim to represent certain em-
ployees of the Employer.
3. A question affecting commerce exists concerning the representa-
tion 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 :
Contentions of the Parties .
Five of the seven Petitioners involved herein, namely, the Pipe
Fitters, the Machinists, the Painters, the Carpenters, and the Team-
sters seek to represent respectively craft units of the type which the
Board has customarily found entitled to separate representation.
The remaining Petitioners, namely, the Rubber Workers and the
Distillery Workers who are in agreement, seek to represent a residual
production and maintenance unit, excluding therefrom the craft units
sought by the Pipe Fitters, the Machinists, the Painters, and the
Carpenters, together with the craft units presently represented by
the International Brotherhood of Electrical Workers, herein called
the Electrical Workers 2 The intervening Chemical Workers, al-
though in general agreement with the Rubber Workers and the
Distillery Workers,' seeks a unit which is broader than that sought
by either of the other unions. The three unions seeking production
and maintenance units all agree in opposing the unit sought by the
Teamsters. There is also disagreement among the parties as to the
composition of the units sought by the Painters, Machinists, and
'The various labor organizations comprising the Petitioners are hereinafter referred
to as Distillery Workers, Pipe Fitters, Teamsters, Rubber Workers, Machinists, Painters,
and Carpenters, respectidely. The Intervenor, Affiliated Chemical Workers of Kentucky,
intervened on the petitions of the Rubber Workers and Pipe Fitters, and is hereinafter
referred to as the Chemical Workers.
Y After the plant began operating, consent elections were held with reference to units
composed of electricians and their helpers, and instrument mechanics and their helpers.
The International Brotherhood of Electrical workers was certified as the bargaining agent
for these units.
3 The unit sought by the Chemical workers differs from that sought by the Rubber
Workers and the Distillery Workers In. that it would include the groups sought by the
Pipe Fitters, Carpenters, and Painters, in the proposed production and maintenance unit.
As an alternative position, the Chemical workers seeks a place on the ballot In the event
that a separate election Is directed for the Pipe Fitters' group.
KENTUCKY SYNTHETIC RUBBER CORPORATION 455
Carpenters, and as to the propriety of including senior technicians
,.and shipping and receiving supervisors in the production and main-
tenance unit. Apart from the recently certified units represented
by the Electrical Workers, there is no history of collective bargain-
ing by the Employer concerning the employees involved herein.
The Proposed Units of Pipe Fitters and Machinists
Although all parties agree that the proposed units of pipe fitters
and machinists are of the type to which the Board has customarily
accorded separate representation, the Chemical Workers seeks to in-
clude pipe fitters in the production and maintenance units. In addi-
tion, the Carpenters contends that certain employees claimed by the
Machinists do millwright work 4 and should be included in the pro-
posed Carpenters' unit which includes the classifications of millwright
and millwright helpers.5
The Employer classifies as machinists A or B, some 17 employees
who are engaged for the most part in the day-to-day repair and main-
tenance of operating machinery. Some of these employees operate
lathes and shavers, others weld, and others fabricate parts. However,
the largest portion of the group do day-to-day repair and mainte-
nance. All machinists work under the same foreman and substantially
all repairs are made on the spot without the machinery being moved.
The machinists here in question do not recondition or relocate ma-
chinery, and, except in rare instances, do not install new machinery.
While the representative of the Carpenters stated that some of the
,employees classified as machinists were members of the Carpenters,
he offered no proof in support of his assertion that these men per-
formed millwright duties, and the Employer's evidence clearly es-
tablishes that all machinists, including those claimed by the Car-
penters as millwrights, perform the same duties without distinction.
Accordingly, we find that all machinists A and B are properly in-
cluded in the unit sought by the Machinists. In the absence of any
labor organization seeking to represent the machinists in an over-all
unit, we shall find that this group constitutes an appropriate unit.
We find that the machinists, machinist welders, machinery repair-
men, their apprentices and helpers of the Employer at its Louisville,
Kentucky, plant, excluding supervisors and all other employees, con-
stitute an appropriate unit for the purposes of collective bargaining.
4 Millwrights are carpenters who have learned the additional skills required for the
installation of machinery . They are to be distinguished from machine repairmen who
repair, but do not . Install , machinery . The National Supply Company , 90 NLRB 65
International Harvester Company, 73 NLRB 971 . At present the Employer has no
employee classification of millwright or millwright helper.
" The Carpenters have no interest in these employees if they are performing the duties
of machinists rather than those of millwrights.
456 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
We further find that the maintenance pipe fitters and their helpers
of the Employer at its Louisville, Kentucky, plant, excluding super-
visors and all other employees, may constitute an appropriate unit
for the purposes of collective bargaining.
The Proposed Carpenters' Unit
The Carpenters' petition, as amended, seeks a unit composed of alF
carpenters, carpenters' apprentices, millwrights, and millwright
welders and their apprentices. Apart from the issue between the Car-
penters and Machinists discussed above in connection with the Ma-
chinists' group, the only issue with respect to the proposed Carpen-
ters' unit is raised by the Employer's contention that this unit will
shortly be reduced in numbers to a point where the unit may no longer-
be considered appropriate. The Employer and the Chemical Work-
ers contend that these employees should be placed in the production,
and maintenance group. The record discloses that at the time the
Employer took over the operation of the plant in the fall of 1950, it
employed approximately 9 or 10 carpenters to perform special work
required in connection with the setting up of the plant. It is antici-
pated that, within a month or 6 weeks from April 18, 1951, the date,
of the representation hearing, the number of carpenters will be re-
duced to 2 and that. this number will remain the normal complement
of carpenters to be employed by the Employer.
We cannot agree with the Employer's contention that these facts
make the unit inappropriate. The Board has held that mere reduc-
tion in the number of employees in a unit does not necessarily affect
the validity thereof .6 This is true when the reduction will leave a
unit of at least two employees, as it well settled that two employees
may constitute an appropriate unit.' Accordingly, we find that the
carpenters and carpenters' apprentices employed by the Employer at
its Louisville, Kentucky, plant, may constitute an appropriate unit for
the purposes of collective bargaining.
The Proposed Painters' Unit
The Painters claims a unit composed of all maintenance painters.
At the opening of the plant, the Employer employed 9 or 10 painters
on a temporary basis to do special work in connection with the re-
sumption of operations. At the time of the representation hearing
the painters were still in the employ of the Employer. It was antici-
e There is no contention by the Employer or the Chemical Workers that the carpenters
are not a craft.
1 Tennessee Valley Broadcasting Company , 73 NLRB 1509 ; National TAcoriee Compaz