Continental Can Co., Inc.

National Labor Relations Board - Board Decisions

Jun 30, 1943

50 N.L.R.B. 1025 (N.L.R.B. 1943)

In the Matter Of CONTINENTAL CAN COMPANY, INC. and BuILDINo
SERVICE EMPLOYEES INTERNATIONAL UNION, LOCAL 6, A., F. OF L.
In the Matter of CONTINENTAL CAN COMPANY, INC. ' and Bummixb
SERVICE EMPLOYEES INTERNATIONAL UNION] LOCAL 6, A. F. OF L.
`Cases Nos . R-5449 and R-54,50 respectively.-Decided June 30, 1943
Grosscup , Morrow cC Ambler by Mr. John Ambler, of Seattle,
Wash. , for the Company.
o Mr. -P. K. Dobbins , of Seattle , Wash., for the Union.
Mr. Louis Colcin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTIONS
STATEMENT OF THE CASE _
Upon separate petitions duly filed by Building Service Employees
International Union, Local 6, A. F. or L., herein called the Union,
alleging that questions affecting commerce had arisen concerning the
representation of employees of Continental Can Company, Inc.,
Seattle, Washington, herein called the Company, the National Labor
Relations Board consolidated the cases and provided for an appro-
priate hearing upon due notice before John E. Hedrick,, Trial Ex-
aminer. Said hearing was held at Seattle, Washington, on May 27,
1943. The Company and the Union appeared, participated, and were
afforded full opportunity to be heard, to examine and cross-examine
witnesses, and to introduce evidence bearing on the issues. The Trial
Examiner's rulings made at the hearing are free from prejudicial
error and hereby affirmed.
All parties were afforded opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Continental Can Company, Inc., is a New York Corporation operat-
ing two plants at Seattle, Washington, with which we are here con-
50 N. L R B , No. 150
1025
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1026 DECISIONS OIF NATIONAL LABOR RELATIONS BOARD
cerned, known as the Troyer-Fox Machine Shop Plant 31 and the Can
Manufacturing Plant 13. The'\Company is/engaged in the, manu-
facture of cans, cannery machinery, and defense materials at its
Seattle operations. During 1942, the Company purchased raw mate-
rials valued id excess of $1,460,000 for use at its Seattle plants, about
90 percent of which was shipped to it from points outside the State
of Washington. During the same period, the Company produced
products at its Seattle plants valued in excess of $3,440,000, approx-
imately 50 percent of which was shipped to points "outside the State
of Washington.
II. THE ORGANIZATION INVOLVED
Building Service Employees International Union, Local 6, is a o
labor organization affiliated with the American Federation of Labor,
admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company refuses to reorganize the Union as the exclusive col-
lective bargaining representative of any of its employees until the
Union is certified by the Board.
statements of a Field, Examiner of the Board, introduced into evi-
dence at the hearing, indicate that the Union represents a substantial
number of employees in each of the units hereinafter found to be
appropriate.' '
We find that questions affecting commerce have arisen concerning
the representation of employees of the Company, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the National Labor
Relations Act.
IV. THE APPROPRIATE UNITS
,The Union urges that (1) all janitors at -the Troyer-Fox Machine
Shop Plant 31 and, Can Manufacturing Plant 13 of the Company, in-
cluding utility men, but excluding firemen, watchmen, machinist-
truckers, and supervisory employees with the authority to hire and
discharge, and (2) all guards at the Troyer-Fox Machine Shop
Plant 31 and Can Manufacturing Plant 13 of the Company, exclud-
ing supervisory employees with the authority to hire and discharge,
constitute two separate appropriate bargaining units. The Company
contends that janitors at the Can Manufacturing Plant 13, utility men
' The Field Examiner reported that the Union presented a membership list of two persons
whose names appear on the Company ' s pay roll of April 8 , 1943, for its janitors There
are five employees in the janitors unit . The Field Examiner further reported that the
,Union presented a membership list of three persons, whose names appear on the Company's
pay roll of April 8, 1943 , for its guards. There are foul employees 'n the guards unit.
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CONTINENTAL CAN COMPANY, INC. 1627
at Can Manufacturing Plant 13, and an office janitor, constitute three
separate units. It agrees with the unit requested by the Union with
respect to guards.
The janitors in Can Manufacturing Plant 13 and the office janitors
,perform identical duties. The utility man performs a variety of
duties, including janitorial duties. The janitors and the utility man
work in the same locality under similar working conditions. Under'
the circumstances, we find that a single unit of janitors at Can Manu-
facturing Plant 13, the utility man and the office janitor is appropriate.
We find that all janitors at the Troyer-Fox Machine Shop Plant 31
and Can Manufacturing Plant 13 of the Company, including utility
men, but excluding firemen, watchmen, machinists-truckers, and super-
visory employees with authority to hire, promote, discharge, disci-
pline, or otherwise effect changes in the status of employees, or effec-
tively recommend such action, constitute a unit appropriate for the
purpose of collective bargaining, within the meaning of Section 9 (b)
of the Act.
We further find that all guards at the Troyer-Fox Machine Shop
Plant 31 and Can Manufacturing Plant 13 of the Company, excluding
supervisory employees with authority to hire, promote, discharge, dis-
cipline, or otherwise effect changes in the status of employees, or effec-
tively recommend such action, constitute a unit appropriate for the
purposes of collective bargaining, within the meaning of Section 9 (b)
of the Act.
V. THE DETEP,MINATION OF REPRESENTATIVES
We shall direct that the questions concerning representation which
have arisen be resolved by means of elections by secret ballot among
the employees in the appropriate units who were employed during the
pay-roll period immediately preceding the date of the Direction of
Elections herein, subject to the'limitations and additions set forth in
the Direction.
The Company employs one part-tinge guard. The Union urges that
he be deemed ineligible to vote and the Company requests that he be
deemed eligible. The part-time guard works approximately 10 days
during each month and while'so employed, performs the same duties
as the guards. Inasmuch as the part-time guard works a substantial
iiumber of days during each month, we find that he is eligible to vote
in the election to be directed among the guards.
DIRECTION OF ELECTIONS
By virtue of and pursuant to the power vested in the National Labor
Relations Board by Section 9 (c) of the National Labor Relations Act,
and pursuant to Article III, Section 9, of National Labor Relations
Board Rules and Regulations-Series ,2, as amended, it is hereby
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1028 DECISIONS OF NATIONAL LABOR RE'LATION'S BOARD
DIRECTED that, as part of the ' investigation to ascertain representa-
tives for the purposes of collective bargaining with Continental Can
Company, Inc., Seattle , Washington , elections by secret ballot shall be
',conducted as early as possible , but not later than thirty ( 30) days from
the date of this Direction , under the direction and supervision of the
Regional Director for the Nineteenth Region, acting in this matter
as agent for the National Labor Relations Board, and subject to Arti-
cle III , Section , 10, of said Rules and Regulations , among the em-
ployees in each of the units found appropriate in Section IV, above,
-,vho were employed during the pay-roll period immediately preceding
the date of this Direction , including employees who did not work dur-
ing said pay -roll period because they were ill or on vacation or tem-
porarily laid off, and including , employees in the armed forces of the
United States who present themselves in person at the polls , but ex-
cluding any who have since quit or been discharged for cause, to de-
termine, with respect to each group , whether or not they desire to be
represented by Building Service Employees International Union,
Local 6, affiliated with the American Federation of Labor, for the
purposes of collective bargaining. b