Rayonier, Inc.

National Labor Relations Board - Board Decisions

Mar 28, 1968

170 N.L.R.B. 882 (N.L.R.B. 1968)

882 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Rayonier , Incorporated and Union of Powerhouse
Workers, Local No. 1. Cases 12-CA-3417 and
12-RC-2230
March 28, 1968
SUPPLEMENTAL DECISION AND ORDER
By CHAIRMAN MCCULLOCH AND MEMBERS BROWN
AND ZAGORIA
On November 18, 1965, Union of Powerhouse
Workers, Local No. 1, was certified as the exclusive
representative of Respondent's powerhouse em-
ployees following an election held pursuant to a
Decision and Direction of Election and the sub-
sequent resolution of Respondent's objections,
which were overruled.' Thereafter, on April 20,
1966, the National Labor Relations Board issued its
Decision and Order in the instant case,' finding that
Respondent violated Section 8(a)(5) of the Na-
tional Labor Relations Act, as amended, by refus-
ing to bargain with the certified Union. The Board,
accordingly, ordered the Respondent, upon
request, to bargain collectively with the Union.
Respondent refused to comply with this order, con-
tending that the Board's certification of the Union
was invalid.
On July 12, 1967, the United States Court of Ap-
peals for the Fifth Circuit entered its decision,
granting the Respondent's petition for review of the
Board's Order, denying enforcement of the Board's
cross petition for enforcement of its Order, and re-
manding the case to the Board for further findings.'
Pursuant to the provisions of Section 3(b) of the
National Labor Relations Act, as amended, the Na-
tional Labor Relations Board has delegated its
powers in connection with this case to a three-
member panel.
A careful reexamination of the Decision and the
entire record in Case 12-RC-2230 in the light of
the court's opinion leads us to conclude that that
Decision should be reversed inasmuch as it insuffi-
ciently reflects the post-Kalamazoo' changes in the
Board's attitude towards severance, by placing
undue emphasis on unit classification at the ex-
pense of the other factors enumerated in
Kalamazoo as determinants of severability.s
Moreover, we note the court's citation of Mal-
linckrodt Chemical Works, 162 NLRB 387; E. 1. Du-
Pont de Nemours and Co., 162 NLRB 413; and
Holmberg, Inc., 162 NLRB 407, in support of its
opinion. Our reversal herein is clearly in accord
with the philosophy of these decisions which ampli-
fy and further define the Board's severance policy
enunciated in Kalamazoo.
Accordingly, pursuant to the Order of the United
States Court of Appeals for the Fifth Circuit re-
manding this case to the Board for further findings,
the Board has reviewed the entire record in the in-
stant cases and has decided to vacate all of the unit
findings set forth by the Regional Director in his
Decision in Case 12-RC-2230 and makes the fol-
lowing findings of fact: - -
The Petitioner, Union of Powerhouse Workers,
Local No. 1, seeks to sever a powerhouse unit com-
prising 27 powerhouse department employees and
7 water department employees from a plantwide
unit of 400 employees historically represented by
International Brotherhood of Pulp, Sulphite and
Paper Mill Workers, AFL-CIO. The Employer op-
poses the petition on the ground that the power-
house unit therein sought to be severed is neither
functionally distinct, nor are the employees therein
craftsmen.
The record shows that the Employer's cellulose
manufacturing process involves continuous and
highly unified and integrated functions involving all
departments; that 90 percent of the steam
generated in the utilities department is used in the
production process; that employees in all depart-
ments receive substantially similar wages and
benefits and have the same hours of work and com-
parable job qualifications, training, and skills; that
each department is under general overall supervi-
sion and separate immediate supervision; that most
utilities department employees are transferred to
their present jobs from other departments; that one
utilities department employee spends 2 days a week
checking powerhouse-related equipment elsewhere
in the plant; that employees in other departments
provide vacation and sickness relief in the utilities
department which amounts to approximately 635
man days per year; and that there has been a 25-
year plantwide bargaining history at the Employer's
plant.
On the basis of all of these facts, we conclude,
contrary to our earlier Decision in Case
' Case 12-RC-2230 ( not published in NLRB volumes)
2 158 NLRB 176
' Rayonter Incorporated v. N L R B , 380 F 2d 187 (C A 5)
' Kalamazoo Paper Box Corporation , 136 NLRB 134.
5 The court specifically remanded the case to the Board " with directions
to make further findings with respect to the factors enunciated by it [the
Board ) as controlling in Kalamazoo , or in the alternative , that it set forth its
reasons for departure from the Kalamazoo standards " (380 F 2d at 195).
In so doing , the court took exception to what it regarded as the Board's ex-
cessive reliance on the concept of a traditional job classification in granting
a powerhouse severance in the instant case, while failing to accord due
weight to the factors enunciated in Kalamazoo Paper Box Corporation, 136
NLRB 134 These factors include method of compensation, hours of work,
employee benefits , supervision , qualifications , training and skills, similarity
of job functions , contacts with other employees , integration with work of
other employees, and bargaining history
170 NLRB No. 96
RAYONIER, INCORPORATED
12-RC-2230,6 that the community of interests
between the utilities department employees and the
other plant employees outweighs their separate
group interests, and we therefore find that the utili-
ties department employees do not constitute a unit
appropriate for the purposes of collective bargain-
ing within the meaning of Section 9(b) of the Act.
Accordingly, we reverse our Decisions in Cases
12-RC-2230 and 12-CA-3417 and find that the
Respondent, Rayonier, Incorporated, did not vio-
ORDER
883
It is hereby ordered that the certification of
representative issued in behalf of Union of Power-
house Workers, Local No. 1, in Case 12-RC-2230,
covering a separate unit of utilities department em-
ployees of Rayonier, Incorporated, at its Fernan-
dina Beach, Florida„ plant, be, and the same hereby
is, vacated.
late Section 8(a)(5) and (1) of the Act, as alleged IT IS FURTHER ORDERED that the instant complaint
in the complaint. be, and the same hereby is, dismissed in its entirety.
e Member Brown dissented in the earlier decision and thus reaffirms his
position that a severance election should not be granted.