Cans, Inc.

National Labor Relations Board - Board Decisions

Oct 9, 1952

100 N.L.R.B. 1445 (N.L.R.B. 1952)

CANS, INCORPORATED 1445
Association. Nor has the Employer indicated an intent to abandon its
practice of bargaining jointly with other employer members of the
Association for its water-front employees. In these circumstances, we
find that the Employer has not unequivocally evinced an intent to
pursue a course of individual action with regard to its labor relations.6
As the Employer has not effectively severed itself from the Associa-
tion, we believe the above bargaining history is controlling in
determining the appropriate unit in this proceeding. Thus, we find
that the proposed unit, encompassing solely the employees of this Em-
ployer, is too limited in scope. The proposed unit being inappropriate,
we shall dismiss the petition.
Order
IT IS HEREBY ORDERED that the petition filed herein be, and it hereby
is, dismissed.
G Washington Hardware Company, 95 NLRB 1001 , and cases cited therein ; Pioneer
Incorporated, 90 NLRB 1848 ; Coca Coda Bottling Works Company , 91 NLRB 351.
CANS, INCORPORATED and DISTRICT No. 8, INTERNATIONAL ASSOCIATION
OF MACHINISTS, AFL, PETITIONER., Cases Nos. 13-RC-2684 and
13-RC-2750. October 9,1952
Decision and Direction of Elections
Upon separate petitions duly filed, a consolidated hearing was held
before Rush F. Hall and John P. von Rohr, hearing officers? The
hearing officers' 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
these cases to a three-member panel [Members Houston, Styles, and
Peterson].
Upon the entire record in these cases, the Board finds :
1. The Employer is engaged in commerce within the meaning of
the National Labor Relations Act.
2. The labor organizations involved claim to represent certain em-
ployees of the Employer.2
3. Questions affecting commerce exist 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.
'The hearing on June 6, 1952 , was held before Rush F. Hall ; the hearing on June 13
was conducted before John P. von Rohr.
2 United Steelworkers of America , Local No. 3745, CIO, herein called the Intervenor, was
permitted to intervene in this proceeding on the basis of its recently expired contract with
the Employer.
100 NLRB No. 239.
1446 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
- 4. The Petitioner seeks to sever two craft units, one composed mainly
of tool and die makers and machinists, and the other of electricians,
from the over-all- production and maintenance unit at the Employer's
Chicago, Illinois, plant, which the Intervenor has represented since
its certification in 1946. The Employer and Intervenor contend that
the requested units are inappropriate, principally on the grounds of
the integration of the Employer's operations, the contrary bargaining
history, and the specialized and noncraft nature of the tasks performed
by the employees sought .3
The Employer is engaged in the production of cans, which is an
assembly line type of operation. The Employer's production facilities
consist mainly of several lines, each equipped with different ma-
chinery to produce a different type of can, and all located in a large
open area. A machine shop is separated from the production opera-
tions by a mesh partition. The maintenance personnel include ma-
chinists and tool and die makers, who work principally in the machine
shop, and a millwright, millwright helper, and welder who are as-
signed to the machine shop but work wherever required throughout
the plant. Also, to each of the production lines there are assigned, in
addition to production employees, maintenance employees under the
supervision of the line foremen, whose duty is to keep the machines
running and in good repair. The Employer's operations further
include a seamer department, which has two employees, who, in addi-
tion to working upon seamers and certain other, machines in the Em-
ployer's plant, spend a substantial part of their time working upon
similar equipment located in plants of the Employer's customers.
Electricians, runway men, and pipefitters are also employed.
While bargaining at this plant has been on a plant-wide basis, that
history does not preclude the direction of a self-determination elec-
tion among craft groups.' Nor does the record establish that the
Employer's operations are so integrated that separate craft representa-
tion is precluded.5 Indeed, we have in this very industry found-
craft units may be appropriate.6 We therefore conclude that the Em-
ployer's and the Intervenor's contentions addressed to bargaining
history and integration of operations are without merit, and turn to
the specific units requested by the Petitioner.
Case No.13RC-268/ : In this case, the Petitioner primarily requests
a craft unit of tool and die makers and machinists, including the fol-
3 The hearing officer referred to the Board the Intervenor 's motion to dismiss the peti-
tions, which was based substantially on these grounds . For the reasons set forth herein-
after, the motion is denied.
' Campbell Soup Company, 98 NLRB 741
See , e g, Ford Motor Company, 100 NLRB 813.
6 See, e. g, Continental Can Company , Inc, 93 NLRB 184 and 276 ; 98 NLRB 1252.
CANS, INCORPORATED 1447
lowing classifications presently employed : machinist class A and B,
machinist's helper, tool and die maker class B and C, millwright class
B, millwright helper, runway man class B, welder class A, die setter
class B. Alternatively; should the Board find them properly includ-
ible with the above, the Petitioner would represent the additional clas-
sifications of body maker mechanic class A and B, spray machine me-
chanic class B, press mechanic helper, set and grind slitter, general
lines setup man class A and B, and lineman class C.'
With respect to the classifications sought by the Petitioner in its
primary request, the record establishes that the machinists and ma-
chinists' helpers, who are stationed in the machine shop, on the beer
line, and in the seamer department, are engaged in the repair, mainte-
nance, and overhaul of can making machinery.8 They are required to
exercise, and do in fact exercise, the skills normally associated with
their craft. As to the tool and die makers, who work in close prox-
imity to the machinists, it is clear that they too exercise the customary
skills of their craft although, since the Employer purchases most of
its dies, these employees are only occasionally required to make a die 9
The millwright and millwright helper appear to be no more than
handymen of 'somewhat more than average skill who do whatever
minor repairs, largely to the building, are required throughout the
plant. The runway man 10 is engaged in the repair, construction, and
maintenance of the numerous conveyor belts required in the Em-
ployer's operations, and in this task sometimes has to work from blue-
prints. The welder, although nominally stationed in the machine
shop, works throughout the plant wherever any welding work is re-
quired. Die setters are assigned permanently to one of the automatic
press lines in the Employer's production operations where they per-
form repairs involving not only the setting of dies but also such other
repairs as may be necessary to keep that line functioning. It there-
fore appears that the die setters are in effect maintenance machinists
assigned to a particular production line.
It is clear that the machinists, machinists' helpers, tool and die
makers, runway man, and die setters, who are in general more highly
paid than production employees, possess and utilize related craft skills.
While there is no apprentice program and unrestricted transfer among
' There are no employees presently employed in the classifications of machinist class C,
tool and die maker class A, millwright class A and C, runway man class A and C, welder
class $ and C, die setter class A and C, spray machine mechanic class A, general lines setup
man class C, and lineman class A and B, which were requested by the Petitioner
8 These employees do no production work other than the brief running of a machine to
ascertain that it is in proper operating condition.
0 This does not preclude a finding that these employees are craftsmen. Continental Can
Company, Inc, 98 NLRB 1252.
10 There is presently only one employee in this category.
1448 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
.ill classifications is alleged to be indicative of the noncraft character
of the jobs, it is established that the Employer has hired at least
several of its machinists as experienced journeymen, a fact which in-
dicates that craft skills are used in the Employer's operations."
Moreover, such instances of transfer to the craft classifications as were
adduced appear to have been at the lower training levels. With re-
spect to the welder, as it is not established that he is either permanently
assigned to working with the machinists or spends a major part of
his time working with such employees, we perceive no reason for the
inclusion of this classification in the same craft group.12 And, as the
millwright and millwright helper do not utilize craft skills, we shall
exclude them too.
There remain for consideration the classifications which the Peti-
tioner adverts to in its alternate request. The body maker mechanics,
set and grind slitters, general lines setup men, and linemen, despite the
variety of their job titles, perform duties essentially similar in func-
tion and content. These employees are assigned permanently to the
various production lines, under the supervision of the foremen of those
lines. They are initially responsible for the repair and adjustment
of the machines on that line. They make such simpler parts as may
be needed in the repairs they can handle, using machine shop equip-
ment in doing so. If these employees are unable to cope with a job
arising on their machines, the job will be turned over to the machinists.
It requires a minimum of 2 years to attain competence in these classi-
fications. In view of their close similarity of skill and duty, we find
that the body maker mechanics, set and grind slitters, general lines
setup men, and linemen, should be included in the machinists' voting
group.13
The remaining classifications in the Petitioner's alternate request,
press mechanic helper 14 and spray machine mechanic, are, like the
above, permanently assigned to the production lines , but perform
minor and routine tasks requiring little skill and no experience. In
view of their lack of craft skills, we find that their interests are not
sufficiently akin to those of the machinists to warrant their inclusion
in the voting group.
Accordingly, we find that the machinists class A and B, machinists'
helpers, tool and die makers class B and C, die setters class B, body
maker mechanics class A and B, set and grind slitters, general lines
-setup men class A and B, and linemen class C, constitute a homogene-
I' Ravenna Arsenal, Inc., 98 NLRB 1.
'2 Cf International Paper Company (Southern Kraft Division ), 96 NLRB 295; Neches
Butane Products Company, 100 NLRB 388.
's Campbell Soup Company , supra.
" This classification actually functions as die setter helper.
CANS, INCORPORATED 1449,
ous, identifiable craft group 15 and may, if they so desire,' constitute a
separate bargaining unit or remain part of the existing production and
maintenance unit.
Case No. 13-RC-2750: In this case, the Petitioner seeks a unit of
electricians class A and B and their helpers. There is one electrician
class A, who is licensed by the city of Chicago and does whatever elec-
trical work is required in the plant, including the installation of new
lines when machinery is moved or new machinery is brought in. Thus,
the electrician class A installed all wiring when the beer line was set
up. In doing this type of work, it is sometimes necessary to work
from blueprints. The electricians do no production work. The elec-
trician class A also supplies his own tools. The electrician class B is
assigned to the night shift and is required to do the same work as
the electrician class A, except that he is not generally called upon to
do installation work. The helper works with the electrician class A.
These electricians perform the normal duties of their craft, and no
other employees do electrical work. We find that the electricians may,
if they so desire, constitute a separate bargaining unit,16 or remain
part of the existing production and maintenance unit.
Accordingly, we shall direct separate elections among the employees
of the Employer at its Chicago, Illinois, plant, in the voting groups set
forth below, excluding, from each group, guards, professional em-
ployees, all other employees, and supervisors as defined in the Act.
1. All machinists class A and B, and machinists' helpers; tool and
die makers class B and C, body maker mechanics class A and B, die
setters class B, linemen class C, setup men class A and 13, set and grind
slitters, and runway man class B.
2. All electricians class A and B and their helpers.
If a majority of the employees in either group vote for the Peti-
tioner, they will be taken to have indicated their desire to constitute a
separate bargaining unit, and the Regional Director conducting the
elections directed herein is instructed to issue a certification of repre-
sentatives to the Petitioner for such unit, which the Board, under such
circumstances, finds to be appropriate for purposes of collective bar-
gaining. In the event a majority in either group vote for the Inter-
venor, they will be taken to have indicated a desire to remain a part
of the existing bargaining unit and the Regional Director will issue a
certificate of results of elections to such effect.
[Text of Direction of Elections omitted from publication in this
volume.]
Campbell Soup Company, supra
ie Continental Can Company, Inc., 98 NLRB 1252.