Kinney Aluminum Co.

National Labor Relations Board - Board Decisions

Mar 22, 1945

60 N.L.R.B. 1399 (N.L.R.B. 1945)

In the Matter of KINNEY ALUMINUM COMPANY and UNITED STEEI.-
WORNERS OF AMERICA, KINNEY ALUMINUM DIVISION, LOCAL 2018,
C. 1. 0.
Case No, 21-R-2638.Decided March 22, 1915
Latham and Watkins, by Mr. R. W. Lund and Mr. F. A. Shannon,
of Los Angeles, Calif., for the Company.
' Messrs. Gilbert C. Anaya and John Despol, of Maywood, Calif., for
the Steelworkers.
Mr. Nelson Taylor, of Los Angeles, Calif., for the Council.
Mr. William. F., Jebe, of Los Angeles, Calif., for the Pattern
Makers.
Mr. Julius Kirle, of counsel to the.Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by United Steelworkers of America,
Kinney Aluminum Division, Local 2018, C. 1. 0., herein called the Steel-
workers, alleging that a question affecting commerce had arisen con-
cerning the representation of employees of Kinney Aluminum Com-
pany, Vernon, California, herein called the Company, the National
Labor Relations Board provided for an appropriate hearing upon due
notice before William T. Whitsett, Trial Examiner. Said hearing
was held at Los Angeles, California, on February 16, 1945. The Com-
pany, the Steelworkers, Los Angeles Metal Trades Council, A. F. of
L., herein called the Council, and Pattern Makers' Association of Los
Angeles and vicinity, Pattern Makers' League of North America,
herein called the Pattern Makers, appeared and participated." All
parties 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 are hereby affirmed. All parties were
afforded an opportunity to file briefs with the Board.
'As a result of the parties' agreement at the hearing to the exclusion of one pattern
maker employed by the Company , the Pattern Makers withdrew its petition to intervene.
60 N. L. R. B., No. 244.
1399
1400 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Upon the entire record in the case the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Kinney Aluminum Company is a California corporation with its
main office and plant at Vernon, California, where it is engaged in
the manufacture of aluminum castings. During the year 1944, the
Company purchased raw materials valued at approximately $2,000,-
000, of which two-thirds percent came from points outside the State
of California. During the same period, the Company sold finished
products valued at in excess of $2,000,000, of which approximately
10 percent was sold and shipped to points outside the State of
California.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
II. THE ORGANIZATIONS INVOLVED
United Steelworkers of America, Kinney Aluminum Division, Local
2018, affiliated with the Congress of Industrial Organizations, is a
labor organization admitting to membership employees of the
Company.
Los Angeles Metal Trades Council, affiliated with the American
Federation of Labor, is a labor organization admitting to member-
ship employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the Steelworkers
and Council as the exclusive bargaining representative of certain of
the Company's employees until the Steelworkers or Council has been
certified by the Board in an appropriate unit.
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that the Steelworkers represents a substantial number
of employees in the unit hereinafter found appropriate.'
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
2 The Field Examiner reported that the Steelworkers submitted 115 cards ; that the
names of 66 persons appearing on the cards were listed on the-Company's pay roll for
the period ending January 8, 1945, which contained the names of, approximately 215
employees in the claimed appropriate unit; and that 88 of the cards were dated from
October to December 1944, and * were undated. The Council submitted 17 designations
all of which appeared on the Company's pay roll. Since the Council has made some show-
ing of representation and inasmuch as an election is being conducted, we shall accord
the Council a place on the ballot.
KINNEY ALUMINUM COMPANY
IV. THE APPROPRIATE UNIT
1401
The parties are generally agreed that the unit should comprise all -
production and maintenance employees, including inspectors, produc-
tion control dispatchers, stock clerks, and truck drivers, but excluding
pattern makers, office employees, executives, and all other supervisory
employees. They are in disagreement, however, concerning the classi-
fications discussed below.
Draftsman: The Company employs three draftsmen whom the
Steelworkers and Council would include and the Company exclude.
They have specialized experience and training, are segregated in the
machine shop, receive a rate of pay slightly higher than the produc-
tion employees and report to the machine shop foreman. They do.
drafting and designing. In view of the technical nature of theil+
duties, we shall exclude them.
Laboratory Technicians: The Company employs three laboratory
technicians, whom the Steelworkers and Council would exclude and
the Company include. They make routine analysis of metals and
v ork in the same department with inspectors, whom the parties have
agreed to include. They report to the chief chemist and chief
metallurgist. They are not required to be professionally trained;
some laboratory experience or aptitude for the work is considered
sufficient qualification. The technicians receive approximately the
same rate of pay and have the same working conditions as do the
production and maintenance employees. They have voted in a pro-
duction and maintenance unit in two prior consent elections.3 We
shall include them.4
We find that all of the Company's production and maintenance
employees, including laboratory technicians, inspectors, production
control dispatchers, stock clerks, and truck drivers, but excluding
draftsmen, pattern makers, office employees, executives, and all other%
supervisory employees with authority to hire, promote, discharge, .
discipline, or otherwise effect changes in the status of employees, or
effectively 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 DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among the
8 Cases Nos . 21-R-2165 and 21-R-2225, November 3, 1943, and December 10, 1943,
respectively.'
4 See Matter of Edgewater Steel Company , 56 N. L. R. B. 393; Matter of Aluminum
Company of America, 52 N. L. R. B. 568.
1402 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
employees in the appropriate unit who were employed during the
pay-roll period immediately preceding the date of the Direction of
Election herein , subject to the limitations and additions set forth
in the Direction.
DIRECTION OF ELECTION
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 3, as amended
it is hereby
DIRECTED that , as part of the' investigation to ascertain representa-
tives for the purposes of collective bargaining with Kinney Aluminum
Company, Vernon , California , an election by secret ballot shall be
conducted as early as possible , but not later than sixty ( 60) days
from the date of this Direction , under the direction and supervision
of the Regional Director for the Twenty-first Region, acting in this
matter as agent for the National Labor Relations Board, and subject
to Article III, Sections 10 and 11, of said Rules and Regulations,
among the employees in the unit found appropriate in Section IV,
above, who were employed during the pay-roll period immediately
preceding the date of this Direction , including employees who did
not work during the said pay-roll period because they were ill or on
vacation or temporarily laid off ,- and including employees in the
armed forces of the United States who present themselves in person
at the polls , but excluding those employees who have since quit or
been discharged for cause and have- not been rehired or reinstated
prior to the date of the election , to determine whether they desire
to be represented by United Steelworkers of America , Kinney Alumi-
num Division, Local 2018, C. I. 0., or by Los Angeles Metal Trades
Council, A. F. of L., for the purposes of collective bargaining, or by
neither.