Lock Joint Pipe Co.

National Labor Relations Board - Board Decisions

Apr 22, 1952

98 N.L.R.B. 1249 (N.L.R.B. 1952)

Lots JOINT PIPE -coMPANY 1249
lathe operator, and one machinist-helper. They are located at one end
of the building on a lower level 'and are under the direction of a lead
man, whom we find to be a supervisor.6 As these employees form a
clearly definable and homogeneous craft group , we find that the ma-
chine shop employees including the machinists, turret lathe operators,
and machinist helpers of the Employer at its Atlanta, Georgia, plant,
but excluding the machine shop lead man, all other en ployees, and
supervisors may constitute a unit appropriate for the purposes of col-
lective bargaining within the meaning of Section 9 (b) of the Act.
If a majority vote for the Petitioner they will be taken to have in-
dicated their desire to constitute a separate appropriate unit, and the
Regional Director conducting the election directed herein is instructed
to issue a certification of representatives to the Petitioner for the unit
described above, which the Board, under such circumstances, finds to be
appropriate for purposes of collective bargaining. In the event a
majority vote for the Intervenor, the Board finds the existing unit to
be appropriate, and the Regional Director will issue a certification of
results of election to such effect.
[Text of Direction of Election omitted from publication in this
volume.]
6 Since the position of maintenance superintendent was abolished in 1950 the lead man,
machine shop (George MIilam ), has been entrusted with supervisory duties. Although he
spends approximately 75 percent of his time doing work similar to that performed by the
other machinists, he receives a rate of pay which is 35 cents an hour more , allocates the
work of the unit , "checks," and makes recommendations , on all hiring and firing in the
unit, and has represented management in the adjustment of grievances . In view of these
facts the Board finds that lead man , machine shop , is a supervisor within the meaning of
the Act
LOCK JOINT PIPE COMPANY and UNITED STONE AND ALLIED PRODUCTS
WORKERS OF AMERICA, CIO, PETITIONER. Case, No. 17-RC-124&
April 22, 1952
Decision and 'Direction of Election
Upon a petition duly filed under Section 9 (c) of the' National
Labor Relations Act, a hearing was held before William J. Scott, hear-
ing officer. 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 Act, the Board
has delegated its powers in connection with this case to a three-
member panel [Members Houston, Murdock, and Styles].
Upon the entire record in this case, the Board finds :
1. The Employer is engaged in comlherce within the meaning
of the Act.
98 NLRB No 202.
1250 DECISIONS OF NATIONAL LABOR 'RELATIONS BOARD
2. The labor organizations involved claim to represent certain
employees 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 Petitioner requests that the Board find appropriate a unit
consisting of all production and maintenance employees at the Em-
ployer's Turner, Kansas, pipe manufacturing plant, excluding office
and clerical employees, guards, professional employees, and all super-
visors. The Intervenors contend that the unit should include em-
ployees at the Employer's North Kansas City, Missouri, plant? The
Employer takes no position on the issue.
The Employer operates a number of pipe manufacturing plants
throughout the country. The Turner and North Kansas City plants
involved herein are approximately 12 miles apart and produce some-
what different pipe products. The Turner plant has about 90 em-
ployees and has a larger number of skilled employees as well as at
least one higher skilled job classification than the North Kansas City
plant where approximately 25 employees are located. Wage rates at
the Turner plant are also higher than those at North Kansas City
although the Employer and the Intervenors have recently attempted
to reduce this differential. Each plant is separately supervised and
handles hiring and discharge problems at the plant level. Seniority,
as applied to layoff and job bidding rights, is computed on the basis
of service in the individual plant 3 On frequent occasions, groups
of North Kansas City plant employees are sent to the Turner location
to produce, in a separate operation there, North Kansas City products.
On such occasions North Kansas City supervisors are sent along with
the group although some supervision as to maintenance tasks is ap-
parently exercised by the Turner plant manager. In the future, how-
^ever, the Employer intends to staff and supervise these operations
predominately with Turner employees.
The Intervenors, jointly, have represented the employees at both
plants for a number of years. Until 1950, the employees at the North
i At the hearing, International Hod Carriers , Building & Common Laborer's Union of
America, Heavy Construction Laborers Local No. 663, AFL , and International Union of
'Operating Engineers , Hoisting and Portable Engineers Local No. 101, AFL, herein termed
the Intervenors , were granted joint intervention by the hearing officer upon the showing
,of a contractual interest in the representation of these employees.
2 The record is not clear as to whether the Intervenor is requesting the Board to find
'employees at the North Kansas City plant a part of , and eligible to vote in an election
directed among, employees at the Turner location or whether the Intervenor is requesting
a finding that a two-plant unit is appropriate herein. As the record clearly shows that
the North Kansas City plant employees constitute a separate plant group and are not in
the category of "fringe" employees of the Turner operations , we have regarded the
Intervenor 's position as one asserting the appropriateness of a two -plant unit.
3It appears that seniority for purposes of vacations is computed on a broader basis
.allowing for employment at either plant.
LOCK JOINT PIPE COMPANY 1251
Kansas City location were included in a multiemployer group. When
the Turner plant was opened in 1946, it was briefly incorporated in
the same group but was separated because its operations involved job
classifications not common to the remainder of the multiemployer
unit. In 1950 the North Kansas City plant was also removed from
the larger unit. Since that time the Employer and the Intervenors
have executed separate but practically identical contracts for the
Turner and North Kansas City plants, and have attempted to gain
,permission from the Wage Stabilization Board for wage adjustments
to remove the rate differential between the two plants with the ex-
pressed intent of merging the two groups under one agreement.
In view of the geographical separation of the plants, the divergence
of some skills and operations, and the separate supervision, hiring, and
discharges, the Board finds that a unit restricted to employees at the
Turner plant may be appropriate for purposes of collective bargain-
ing. On the other hand, other factors, including the frequent contact
between the employees at the two locations and the bargaining back-
ground indicating a mutuality of some interests and skills, point to the
appropriateness of a unit embracing employees at both the Turner and
North Kansas City operations. Accordingly, we shall direct that the
question concerning representation which has arisen be resolved by an
election by secret ballot among employees in the following voting
group :
All production and maintenance employees of the Employer at its
Turner, Kansas, pipe plant, excluding office and clerical employees,
professional employees, guards, and all supervisors as defined in the
amended Act.
If a majority vote for the Petitioner they will be taken to have
indicated their desire to constitute a separate appropriate unit, and the
Regional Director conducting the election directed herein is instructed
to issue a certification of representatives to the Petitioner for that unit
as described in the voting group above, which the Board, under such
circumstances, finds to be appropriate for purposes of collective bar-
gaining. In the event the majority vote for the Intervenors, they will
be taken to have indicated their desire to become a part of the unit of
employees at the Employer's North Kansas City operations now repre-
sented by the Intervenors, and the Regional Director will certify the
results of the election.
[Text of Direction of Election omitted from publication in this
volume.]