Vulcan Tin Can Co.

National Labor Relations Board - Board Decisions

Apr 24, 1951

94 N.L.R.B. 10 (N.L.R.B. 1951)

10 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Order
Upon the entire record in this case, the National Labor Relations
Board hereby orders that the petition herein be, and it hereby is,
dismissed.
VULCAN TIN CAN COMPANY AND VULCAN STAMPING AND MANUFACTUR-
ING CO., INC .' and UNITED ELECTRICAL , RADIO AND MACHINE WORKERS
OF AMERICA, UE, PETITIONER . Case No. 13-RC-1749. April 24,
1951
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 Richard C. Swander, hearing
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 [Chairman Herzog and Members Houston and Reynolds].
Upon the entire record in this case, the Board finds :
1. The Employer is engaged in commerce within the meaning of
the Act.
2. The labor organization involved claims 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's primary request is for a unit of all production
and maintenance employees at the Vulcan Tin Can Company's Hill-
side, Illinois, plant. Alternatively, it seeks, if the Board finds its
initial unit inappropriate, a second unit embracing the production and
maintenance employees of the Vulcan Stamping and Manufacturing
Company's plant at Bellwood, Illinois. The two companies, both of
which appeared at the hearing, contend that because of the common
ownership and control, and the operational integration of the two
companies, neither proposed unit is appropriate, and that the em-
ployees of both plants must be joined in a single unit. The parties
I At the hearing the Petitioner made a secondary request to represent the employees of
the Vulcan Stamping and Manufacturing Co., Inc. We have construed the request as a
motion to amend the petition by adding the name of that company as an employer. On
the record as a whole , and particularly the contentions of Vulcan Tin Can Company and
Vulcan Stamping and Manufacturing Co., Inc., that they operate as a single employer-
for the purposes of this proceeding , the motion is granted.
94 NLRB No. 7.
VULCAN TIN CAN COMPANY 11
also disagree respecting watchmen, whom the Petitioner would ex-
clude, but the companies would include, in any unit established.2
The Hillside and Bellwood factories, now located 1 mile apart, are
operated as separate corporate entities, both engaged in the production
of metal containers. Hillside makes and assembles small tin cans,
and Bellwood produces larger metal containers and buckets. Except
that Bellwood employees generally handle heavier metal than do those
at Hillside, and that Bellwood also performs a painting process, the
work done in the two plants is almost identical. In both the employees
operate punch presses, seamers, shearing machines, and related equip-
ment. Hillside purchases can tops and bottoms from Bellwood, and
does some final assembly work on containers produced by Bellwood.
Both plants share the services of a contract carrier whose trucks bear
the legend "Vulcan Tin Can Company" on one side and "Vulcan_
Stamping and Manufacturing Company" on the other.
Employees and machine parts are interchanged and transferred,
both permanently and on a temporary basis, between plants. When
transferred, employees retain their seniority, as well as wage scales
and all other accrued benefits. All employees of both plants are cov-
ered by the same health and industrial insurance policies, have common
wage scales, vacations, and holidays, and work under the same
managerial policies. Although separate books, payrolls, and purchase
and sales accounts are maintained by each corporation, all these
activities are carried on by a single clerical staff at the main office in
Bellwood.3 The expenses of this office overhead are allocated between
the two companies. .
Vern J. McCarthy, president of each corporation, owns most of the
stock in both. His wife is secretary of Vulcan Tin Can and the
treasurer of Vulcan Stamping; their son is vice president of one com-
pany and secretary of the other. The vice president of Vulcan Stamp-
ing is assistant secretary and treasurer of Vulcan Tin Can. The
president and his wife also occupy two of the three directorships in
each corporation.
The Hillside operations, formerly a department of Vulcan Stamp-
ing and Manufacturing Co., Inc., were moved out of Bellwood be-
cause they outgrew the facilities available there. A structural ex-
tension of the Hillside plant, doubling its size, was scheduled for
completion within 90 days of the hearing date; at that time the
Stamping Company will move to Hillside and sell its Bellwood plant.
Although the present corporate structure will be preserved at the
2 At the close of the hearing the Petitioner's attorney stated that if the Board agrees
with the Employer's contention as to the scope of the unit, the Petitioner would accept an
election in a single two-plant unit.
8 A single clerical employee keeps some office records at Hillside , and forwards such
Information to the main clerical staff at Bellwood.
12 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
single location, the operations of the two companies will be further
integrated. Their punch press, maintenance, and shipping depart-
ments will be combined, and will serve both corporations. The em-
ployes of both will share common locker and washroom facilities,
one cafeteria , and one time clock.
On the basis of the foregoing facts and on the more numerous de-
tails shown in the record, it is clear that the Vulcan Tin Can Com-
pany and the Vulcan Stamping and Manufacturing Company op-
erate as a single integrated enterprise. The common stock owner-
ship and interlocking officers and directors show that all employees
are subject to the same managerial control and that they share com-
mon labor policies. The slight differences in the interests of the
employees of the two companies now occasioned by their physical
separation will soon be eliminated by completion of the impending
move. In these circumstances, we believe that the two companies
-constitute a single employer within the meaning of Section 9 (b)
,of the Act."
The four watchmen at the two plants do regular janitorial work
and also watch the premises and punch clocks on regular rounds.
The record shows that they spend more than 50 percent of their time
doing janitorial work. In accordance with well-established Board
practice, we shall include them in the unit.,
Accordingly, we find that all production and maintenance employees
of Vulcan Tin Can Company and of Vulcan Stamping and Manu-
facturing Co., Inc., at their Hillside and Bellwood, Illinois, plants,
respectively, including watchmen, but excluding cafeteria employees,
professional employees, office clerical employees, guards, executives,
and all supervisors as defined in the Act, constitute a unit appropriate
for the purposes of collective bargaining within the meaning of
Section 9 .(b) of the Act.
[Text of Direction of Election omitted from publication in this
volume.]
' William W. Fitzhugh, Inc., 88 NLRB 537; Marcal Pulp & Paper Co., Inc ., 65 NLRB 263.
"United States Gypsum Company , 81 NLRB 344.
FLORA CABINET COMPANY, INC. and UNITED AUTOMOBILE WORKERS
OF AMERICA, AFL, PETrrloNrai*. Cases Nos. 13-RC-1757 and
13-RC-1777. April 24,1951
Decision and Direction of Election
Upon separate petitions duly filed under Section 9 (c) of the
National Labor Relation Act, a consolidated hearing was held be-
94 NLBR No 6.