Shell Chemical Corp.

National Labor Relations Board - Board Decisions

Aug 23, 1948

79 N.L.R.B. 35 (N.L.R.B. 1948)

In the Matter of SHELL CHEMICAL CORPORATION (SHELL POINT PLANT),
EMPLOYER and INTERNATIONAL BROTHERHOOD OF BOILERMAKERS, IRON
SHIPBUILDERS AND HELPERS OF AMERICA FOR AND ON BEHALF OF SUB-
ORDINATE LODGE No. 513, A. F. OF L., PETITIONER
Case No. 20-RC-96.-Decided August 23,1948
DECISION
AND
ORDER
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 panel consisting of Board Members Houston, Reynolds
and Gray.
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 herein claim to represent em-
ployees of the Employer.
3. No question of representation 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 1 for the following reasons:
The Petitioner seeks a unit of all boilermakers, welders, and tin-
smiths 2 in the Employer's maintenance dep'lrtment, including craft
helpers who have been assigned to assist these employees for 6 months
or more, and subforemen. The Employer takes no position with
I Oil Workers International Union, CIO, herein called the Intervenor, contends that a con-
tract currently in effect between the Employer and the Intervenor covering the employees
involved herein, constitutes a bar to this proceeding. In view of our dismissal of the
petition herein, for the reasons set forth infra, we deem it unnecessary to pass upon this
contention.
S The Petitioner would include lead burners in its proposed unit. At the time of the
hearing there were no lead burners in the maintenance department. Since about August
1946, the welders have done lead burning at the plant.
79 N. L. R. B., No. 3.
4
35
36 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
respect to the proposed unit. The Intervenor contends that only the
production and maintenance unit which it now represents is appro-
priate.'
The employees in the proposed unit form part of the Employer's
,maintenance department, which'is headed by a master mechanic. They
have their headquarters in separate sections of the machine shop, which
houses all maintenance employees with:the exception of carpenters and
electricians , who occupy separate buildings. They work in and out
of the machine shop. They are under the immediate supervision of an
assistant maintenance foreman in charge of boilermakers, welders, and
tinsmiths, and a subassistant maintenance foreman 4 Although, while
working in the plant along with other craft employees, they may re-
ceive directions from the supervisor in charge of the particular job on
which they are working, they remain under, and at all times are sub-
ject to, the supervision of this assistant maintenance foreman. They
are all highly skilled craftsmen and are clearly distinguishable from
other employees in the maintenance department. There is no general
interchange of functions among craft classifications. During a com-
plete shut-down, however, all maintenance employees work together
to dismantle the unit concerned. As soon as the unit is dismantled,
the several craft employees return to their regular craft work. Lay-
offs are made on a craft basis.
At the time of the hearing there were 7 boilermakers (first-class)
and 1 boilermaker (second-class) in the maintenance department.
Boilermakers (first-class) form heavier structural shapes and sheets,
perform the maintenance work on tubular heat exchanges and con-
densers, and fabricate'brackets, supports and flanges. Boilermakers
(second-class) work with and assist the first-class boilermakers. The 2
tinsmiths do practically the same type of sheet-metal work as the boiler-
makers, except that they use lighter gauge metal. The 15 welders
(first-class) share the west end of the machine shop with the boiler-
makers. They are engaged in the joining of pipe, structural steel, and
plate by either are or acetylene welding. They usually work with
boilermakers, tinsmiths, and pipe fitters.
Inasmuch as the proposed unit appears to be, however, essentially
a multi-craft grouping of employees with different skills, we believe
3 In Matter of Shell Chemical Company , 4 N L R B. 259 the Board directed globe elec-
tions in a number of separate craft units , including a unit of boilermakers . In December
1937 , the Board certified the Intervenor as the collective bargaining representative of the
production and operating employees on the daily pay rolls of the Employer , exclusive of
machinists and electricians This unit embraced the employees now sought by the Peti-
tioner. The Intervenor has bargained for the employees in this unit since 1938
' The subassistant maintenance foreman has no supervisory power within the meaning
of the Act
SHELL CHEMICAL CORPORATION 37
that these employees lack the homogeneity and cohesion requisite for
the severance of a single separate unit for bargaining purposes .5
We find, therefore, that there is no unit appropriate for collective
bargaining sought by the petition.
ORDER
Upon the basis of the entire record in this case, the National Labor
Relations Board hereby orders that the petition filed in the instant
matter be, and it hereby is, dismissed.
MEMBER REYNOLDS took no part in the consideration of the above
Decision and Order.
L Matter of Pepsi Cola Company, 78 N. L R. B. 790.
809095-49-vol 79-4